Seniority and Service (The following clauses will appear in all collective agreements replacing any provisions related to Probationary Period, Seniority Lists, Manner of Expressing Part-time Seniority, Full-Time definition of Seniority, Transfer of Seniority, Effect of Absence, Application of Seniority on Layoff and Recall, Layoff and Recall Rights for Part-time and Full-time Employees, Retention and Accumulation of Seniority on Transfer Outside the Bargaining Unit, and Loss of Seniority and Service, and Deemed Termination that existed in the Hospital's expiring collective agreement:)
Length of Service Subject to the requirements of affirmative action and equal employment opportunity, if two or more employees are being considered for the same position and are equal in every respect, the position shall be given to the employee with the greater amount of seniority as defined in Article 28 - Seniority.
SENIORITY AND LAYOFF Section 1. Seniority means the length of continuous service in the bargaining unit since the last date of hire. For purposes of this Article Licensed Practical Nurses will maintain a separate seniority list.
Section 2. Seniority shall continue to accrue during all layoffs and approved leaves of absence not exceeding one year.
Section 3. Seniority shall be revoked if an employee retires or otherwise terminates employment; is discharged for cause; permanently transfers out of the bargaining unit; or refuses or fails to respond to a recall from layoff to a permanent position within the same classification in the bargaining unit within 14 calendar days of notice of recall, or refuses to return to work on the date requested, as long as the date requested allows an employee who has obtained interim employment to give 14 calendar days’ notice to the interim Employer.
Section 4. Seniority shall be the controlling factors in the selection of employees for layoff and non-disciplinary demotions within each classification series, provided the employee(s) remaining meet the minimum qualifications of the position.
Section 5. In the event a bid is eliminated or altered, the affected employee(s) may use their seniority to bump any less senior employee within the same classification provided they meet the minimum qualifications for the position. Any employee(s) displaced by this procedure may bump the least senior employee within the same classification provided they meet the minimum qualifications for the position.
Section 6. Any permanent employee subject to layoff, transfer, or non-disciplinary demotion shall be given 21 calendar days advance notice of the action.
Section 7. No permanent employees shall be laid off or subject to non-disciplinary demotion while temporary or probationary employees in the same classification series are retained.
Section 8. Permanent bargaining unit employees who are laid off or are noticed of layoff and are qualified to fill a vacant or newly created position within the bargaining unit will be awarded that position
Section 9. Recall from layoff within each classification shall be in reverse order within that classification. In recalling employees, the Employer shall send a certified, return receipt letter to the last known address of the employee with a copy to the Federation. The letter shall state that failure to notify the Employer within 14 calendar days of their intent to return to work shall constitute forfeiture of all recall rights. Recall rights shall be limited to a period of one year following the date of layoff.
SENIORITY AND LAYOFFS 11.01 Seniority of employees shall be recognized within their respective trade and job classifications. New employees shall be placed on the seniority list at the end of their probationary period and their respective seniority shall be dated back to the date of beginning of employment.
11.02 Seniority lists, the accuracy of which has been agreed to on behalf of the Union in writing shall be maintained at all times by the Employer and shall be available to the Union for inspection to the extent reasonably necessary for the Union to ascertain the seniority status of an employee within its jurisdiction.
11.03 An employee shall lose his seniority and shall be deemed to have quit for any of the following reasons:
a. if the employee voluntarily quits his employment;
b. if the employee is discharged for a just cause and the discharge is not reversed through the grievance procedure;
c. for failure to report to work following a layoff pursuant to the terms of Article 11.07;
d. is absent from work for three (3) consecutive working days without notifying the Employer, unless a reason satisfactory to the Employer is given;
e. is absent due to layoff or long-term disability, or both, which absence continues for more than six (6) months, except in the event that the employee is on Workers' Compensation and in the event of sickness when the employee has submitted satisfactory evidence of illness, in which cases a period of two (2) years shall apply;
f. if the employee fails to report for work upon the termination of an authorized leave of absence, unless a reason satisfactory to the Employer is given, and is discharged as a result thereof, which discharge is not reversed through the grievance and arbitration procedure herein;
g. if an employee utilizes a leave of absence for purposes other than those for which the leave of absence was granted.
11.04 When a reduction of the workforce is inevitable, probationary employees shall be laid off first. If further reductions are necessary, the Employer shall determine the order of layoff in consultation with the union and in doing so, they shall be guided by the following considerations:
a. seniority standings of the employees;
b. ability of the employees to perform the work. It is understood and agreed that no employee will be laid off if there is a fellow employee (or employees) of comparable seniority who is still entitled to vacation. In such a case the latter may be required to take up any remaining vacation to which he is entitled before others will be laid off.
11.05 The Employer shall give one (1) week's notice to the employees of the need for a layoff.
11.06 Any appeal in regard to a layoff must be taken up under the first step of the grievance procedure hereinafter set forth within five (5) workdays after the layoff took place.
11.07 Any employee laid off and recalled for work must return within one (1) workday when unemployed and within seven (7) workdays when employed elsewhere after being recalled, or make definite arrangements with the Employer to return.
11.08 Employees who terminate their employment or are laid off and who are re-hired or return to work within eighteen