SENIORITY Clause Samples
The SENIORITY clause establishes the order of precedence or ranking among parties, obligations, or financial instruments within an agreement. In practice, this clause determines which debts or claims are to be satisfied first in the event of liquidation, bankruptcy, or distribution of assets, often distinguishing between senior and subordinated creditors. By clearly defining the hierarchy of claims, the clause helps manage risk and ensures all parties understand their position relative to others, thereby reducing disputes and uncertainty in the event of financial distress.
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SENIORITY. 19.01 Seniority shall be defined as the total accumulated hours of service calculated from the date the employee last entered the service of the Employer, to a maximum total of one thousand nine hundred and fifty (1950) hours in one fiscal year. For the sole purpose of calculation of seniority pursuant to this Article 19.01, total accumulated hours of service shall include all paid hours of service and shall also include:
(a) unpaid leaves of absence due to maternity leave and parental leave, (up to a maximum of two thousand nine hundred twenty-five (2925) hours of service, to be prorated on the Part-Time employee’s actual hours worked in the immediate preceding fiscal year);
(b) extended illness or injury (covered by sick benefits or other insurance), Union leave, Workers Compensation or injuries covered by Manitoba Public Insurance, (up to a maximum of one thousand nine-hundred and fifty (1950) accumulated hours of service, to be prorated on the Part-Time employee's actual hours worked in the immediate preceding fiscal year); and
(c) any other approved unpaid leave of absence up to a maximum of four hundred and fifty (450) accumulated hours of service, to be prorated on the Part-Time employee’s actual hours worked in the immediately preceding fiscal year. For those employees who have not worked during the immediately preceding fiscal year, the proration will be based on the average of actual hours worked in the four (4) week period immediately preceding the end of the current fiscal year.
19.02 An employee shall lose their seniority and their employment shall cease for any one or more of the following reasons:
(a) the employee resigns or is discharged by the Employer and is not reinstated through the grievance and/or arbitration articles of this Agreement; or
(b) if the employee is laid off for a period in excess of twelve (12) continuous months; or
(c) the employee fails to return to work on recall within fourteen (14) calendar days of a registered letter being sent to their latest recorded address on file with the Employer or within seven (7) calendar days of direct contact with a management representative of the Employer unless the employee is not able to report for work due to an illness or injury substantiated by a medical certificate or another explanation acceptable to the Employer; or
(d) the employee is absent from work without an explanation acceptable to the Employer for a period of three (3) or more consecutive working days; or
(e) the employ...
SENIORITY. 12.01 Seniority will be established for each company location and a new employee will be considered on probation until he has worked for the Company for a total of forty-five (45) working days. His seniority shall then date back to the first day of hiring.
(a) Every employee covered by this Agreement will be classified in accordance with a job title and a wage classification within that job title as set forth in Article 9.01.
(b) In dealing with job postings, skill, ability and qualifications being sufficient, seniority shall be the governing factor.
(c) The parties recognize that job opportunity and security shall increase in proportion to length of service. It is therefore agreed that in all cases relating to filling job vacancies, transfers, lay-offs and recalls after lay-off, senior employees shall be entitled to preference, providing he or she possesses the skill, ability and qualifications to perform the available jobs.
(d) In the event of a lay-off, seniority shall be on a bargaining unit basis; probationary, temporary, and part-time employees shall be the first to go in order of seniority, and then the lay-off shall be on the basis of seniority, providing the employees who remain have the skill, ability and qualifications to perform the available jobs. When recalling employees, they shall be recalled in order of seniority, providing they have the skill, ability and qualifications to perform the available jobs. The Company agrees that, in the event an employee is laid off in one classification, he or she shall have the right to bump the junior employee in another classification, providing that employee has the skill, ability and qualifications to perform the available jobs.
(e) Full-time employees with recall rights will be recalled on a temporary basis in order of seniority, provided the employee on lay-off is competent to perform the available work.
(f) The company agrees that routes will be posted. A driver shall not be removed from a route unless there is just cause to be removed from it. All routes will be grandfathered to the drivers currently assigned to them.
(a) When a vacancy occurs, notice of such vacancy shall be posted upon the bulletin board of all locations and shall remain posted for a period of three (3) working days and eligible employees will have the right to bid for the position. Selections to such positions shall be made on the basis of seniority, providing the employee has the skill, ability and qualifications to do the job. O...
SENIORITY. 9.01 Seniority for all employees shall be defined as the length of continuous service with the Co-operative within the bargaining unit.
9.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence except Union Leave as per sub-article 18.02.
9.03 Seniority shall be broken and all rights forfeited when:
(a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or Arbitration procedure contained in this Collective Agreement;
(b) an employee voluntarily leaves the service of the Co-operative;
(c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff;
(d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address;
(e) an employee is absent from work without a leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness or inability to communicate with the Co-operative shall be considered a satisfactory reason.
9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part- time, where reverse order of seniority shall apply.
9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits.
9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part- time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time an...
SENIORITY. 10.01 For Employees who are employed in the bargaining unit on the date of ratification of this Collective Agreement, seniority shall be defined as their total length of service with the Company in positions now covered by this Collective Agreement. For Employees who are hired or who transfer into the bargaining unit after the date of ratification, seniority shall be defined as their total length of service in the bargaining unit, dating from their first date of employment in the bargaining unit.
10.02 Seniority shall be defined as the total length of service in the bargaining unit dating from the Employee’s first date of employment in the bargaining unit.
10.03 An Employee who transfers or is re-hired to a position outside the bargaining unit shall, if the Employee returns to the bargaining unit, retain all seniority that the Employee had prior to leaving the bargaining unit, including the first six (6) consecutive months of time spent out of the bargaining unit.
10.04 Employees will lose their seniority and their name will be removed from the seniority list and their employment will be considered terminated under the following circumstances:
(a) When discharged for just cause and not reinstated;
(b) When an Employee voluntarily leaves the Company;
(c) When laid off for a period in excess of their recall rights as set out in Article 11.04;
(d) Desertion of service;
(e) When retired;
(f) When an Employee is absent from work without notice to the Company for two (2) or more consecutive scheduled shifts;
(g) When an Employee overstays a vacation or leave of absence without securing a written extension of such leave of absence or vacation from the Company; unless an explanation satisfactory to the Company is given by the Employee;
(h) When an Employee utilizes a leave of absence for reasons other than those for which it was granted;
(i) When an Employee fails to return to work immediately after the Company has been notified by a doctor or WSIB that the employee is able to return to work;
(j) When an Employee receives notice of recall to work following a layoff, by telephone or by email or registered mail, and fails to advise the Company if the Employee wishes to accept the recall within twenty (24) hours after having received such telephone call or notice, or fails to report to work within ten (10) calendar days from the date of advising the Company of the Employee’s intent to return. Such mailing or email shall be to the last address or email address of the ...
SENIORITY. 14.01 The seniority of an employee shall be defined as length of uninterrupted service since the last date of hire with the Company. Seniority shall only be credited upon the completion of a probationary period of ninety (90) calendar days for full- time and four hundred and eighty-seven and one half (487.5) hours worked or six (6) months, whichever comes first, for part- time. Seniority rights will apply only to the extent expressly provided in this agreement.
14.02 The seniority of an employee shall be lost and his/her employment automatically terminated for any of the following reasons.
(a) he/she quits his/her employment;
(b) he/she retires;
(c) he/she is discharged for just cause and is not reinstated;
(d) he/she does not perform work for the Company for a period of twelve (12) months in the case of lay-off;
(e) he/she does not perform work for the Company for a period of twenty-four (24) months for any other reason other than lay-off, provided that the Company has met its obligations to accommodate the employee under any applicable legislation;
(f) he/she is absent from work without permission for more than three (3) consecutive working days unless an explanation satisfactory to the Company is given by the employee;
(g) if an employee overstays a vacation or leave of absence without securing the extension of such leave of absence or vacation from the Sales Manager or Human Resources Manager unless an explanation satisfactory to the Company is given by the employee;
(h) if an employee who is recalled to work fails to return within ten (10) calendar days of mailing of notification to return. Such mailing shall be by registered mail to the last address of the employee that the Company has in its files for that employee;
(i) If an employee utilizes a leave of absence for purposes other than those for which it was granted;
(j) he/she fails to return to work immediately after the Company has been notified by a doctor or Workplace Safety and Insurance Board that the employee is able to return to his/her job provided that the Company has met its obligations to accommodate the employee under any applicable legislation. It will be the responsibility of employees to provide written notification of any changes in their address to the Human Resources Department.
SENIORITY. The Obligations of each of the Guarantors hereunder rank senior in priority to any other Indebtedness (as defined in the Purchase Agreement) of such Guarantor.
SENIORITY. It is understood and agreed that where article XII is in conflict with Appendix B of the Collective Agreement, in whole or in part, the terms and conditions as set out in Appendix B will supersede same
12.01 The Company recognizes the principle of seniority. Seniority will govern subject to reasonable consideration of skill, efficiency and ability, in promotions, transfers, lay offs and recalls after lay- off.
12.02 Employment of any new employee shall be considered as probationary until they have worked thirty (30) days within a six-month period. Seniority of new employees shall be established at the end of this period and shall be effective from the date of employment.
(a) Seniority will be applied on a Company wide basis in recalls, promotions, transfers from camp to camp and layoffs. When layoffs are required due to the completion of seasonal operations, or a part thereof, each of the employees so affected will be permitted to exercise their seniority and transfer to a job for which they are qualified, provided that, having received advance notice in accordance with section 12.04, the employee advises the Company, prior to the effective date of the advance notice and in writing on forms to be supplied by the Company, of their desire to transfer or to be laid off. The Company will provide the Union Grievance Committee, prior to the intended layoff, with a list of jobs filled by employees with less seniority than those employees given notice. It is understood and agreed that when layoffs are occasioned by the completion of seasonal activities, Company-wide seniority will be applied only when operations continue in other districts for more than one (1) week, otherwise the district will be the unit of application of seniority on seasonal layoffs.
(b) The Company, when filling vacancies, will do so from within the bargaining unit in accordance with Article XII. Notice of impending vacancies will be posted on the camp bulletin board for at least five (5) working days. It is agreed however, that temporary appointments may be made without posting for filling vacancies of less than thirty (30) calendar days duration. Newly created jobs will be posted on the bulletin boards by the Company for a period of five (5) working days prior to any appointment to such jobs, stating the normal job requirements. Employees shall not be considered for such jobs, unless they apply in writing within the five (5) day period. All jobs will be filled from among the qualified appli...
SENIORITY. (Meat only)
6.1 Seniority shall prevail in layoffs for all employees after working 435 compensated hours within a 150 consecutive calendar day period or a consecutive 21-week period. Once an employee has worked 435 compensated hours in 150 calendar days, or 21 weeks, his or her seniority will date back to the date the 150 calendar days or 21 weeks began. An employee's seniority date shall also be considered his anniversary date for all purposes under this Agreement. Each Employer shall have the option, on a company-wide basis, of applying either the 150 consecutive calendar day period or a 21 consecutive week period under this Section. The seniority status of employees hired on the same day shall be determined by the Employer, with notification to the Union.
6.1.1 ( Meat only) Service Counter employees shall attain seniority after ninety (90) calendar days with the Employer.
6.1.2 In the event of layoff, the last employee hired shall be the first laid off, and the last employee laid off shall be the first rehired; provided that qualifications are substantially equal, that the employee is available, and reports for work within twenty-four (24) hours following receipt of notification to report for work.
6.1.3 Seniority shall be broken in the event of a layoff in excess of six (6) months.
6.1.4 There shall be established four (4) separate seniority groups: 1) Journeyman, 2) Apprentices, 3) Wrappers, and 4) Service Counter Employees.
6.1.5 Wrappers desirous of promotion to Apprentice Meat Cutter status shall make their desires known to the Company, in writing, and such employees shall be given first consideration for such vacancies. Selection to fill the vacancies shall be made on the basis of Company seniority within the geographical jurisdiction of the Local Union, ability and qualifications being relatively equal.
6.1.6 A Wrapper promoted to Apprentice Meat Cutter shall have a ninety (90) day trial period. Said trial period shall not jeopardize the employee's former classification or seniority. There shall be no reduction in pay to any Wrapper as a result of promotion to Apprentice Meat Cutter, i.e., the Wrapper rate of pay shall apply until such time as the Apprentice rate exceeds the Wrapper rate, at which time the Apprentice rate shall apply.
6.1.7 Service Counter employees desirous of promotion to Wrapper or Apprentice Meat Cutter shall make their desires known to the Company, in writing, and such employee shall be given first consideration for such vac...
SENIORITY. 1. Except as provided in this article, “seniority” means an employee’s aggregate length of service with the employer as determined in accordance with the provisions of the Previous Collective Agreement.
2. Porting Seniority
a. Effective July 1, 2020 and despite Article C.2.1 above, an employee who achieves continuing contract status in another school district shall be credited with up to twenty (20) years of seniority accumulated in other school districts in BC. [Note: From July 1, 2019 to June 30, 2020 the limit on the number of years which could be ported was ten (10) years.]
SENIORITY. SECTION 1. Seniority standing shall be granted to all employees covered by this Agreement. The standing is to be determined on the basis of actual length of continuous service from the latest date of permanent employment in the bargaining unit with the Plymouth-Canton Board of Education. All new employees shall be placed on the seniority list as of the first day of employment, upon the completion of a probationary period of six (6) calendar months of employment, which shall include at least three (3) calendar months while school is in session. Probationary employees may be discharged or disciplined by the Employer without the same causing a breach of the Agreement or constituting a grievance.
SECTION 2. Seniority shall be broken for the following reasons:
A. If the employee quits.
B. If the employee is discharged.
C. If the employee is absent without properly notifying the management, unless a satisfactory reason is given.
D. If the employee fails to return to work within three (3) working days after being notified to report to work and does not give a satisfactory reason.
E. If the employee is laid off for a continuous period equal to seniority he had acquired at the time of such layoff period.
F. If the employee retires.
SECTION 3. Employees are expected to give advance notice of termination. Employees failing to give five (5) days notice without reasonable cause for failing to give such notice shall forfeit one- fifth (1/5th) of all pro-rated benefits due for each day less than the above five (5) working days.
SECTION 4. Employees shall be laid off and recalled according to their seniority in their classifications. An employee on scheduled layoff shall have the right to displace a lesser seniority employee who is in a lower classification provided the senior employee is qualified to hold the position held by the employee.
A. The Employer may make temporary transfers of employees to other locations in order to meet the requirements of the operation of the department. The employer shall give full consideration to seniority.
B. Temporary transfers shall be for a period of no longer than thirty (30) working days; extensions may be given by mutual agreement between the Employer and the Union.
C. A position that requires more than thirty (30) days of temporary transfer (except extensions by agreement) shall be considered an open position to be posted.
SECTION 6. An agreed-to Seniority List shall be made available to the Union and to each employee covered by t...