Common use of SENIORITY AND LONGEVITY Clause in Contracts

SENIORITY AND LONGEVITY. 9.1 Seniority means a trooper's length of continuous service, as a trooper, with the Employer since the last date of hire. When more than one trooper is hired on the same date, seniority shall be determined by graduation order from patrol school. 9.2 Seniority shall be computed from the date the trooper takes the oath of office following completion of the curriculum at the MHP Advanced Academy: 1. To be absent from the job due to layoffs will be considered lost time for the purpose of longevity and seniority, however, previous employment shall count toward seniority and longevity. 2. To be absent from the job due to an approved leave of absence without pay that exceeds 30 calendar days, excepting leave for active military duty or authorized leave under the Family and Medical Leave Act or the Montana Maternity Leave Act, will be considered lost time for the purposes of longevity and seniority; however, previous service upon reemployment shall count toward seniority and longevity. 3. The Employer will comply with the provisions of the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. §§ 4301 et seq. and the Montana Military Service Employment Rights Act, §§ 10-1-1001 et seq., MCA with respect to any trooper who performs duty, voluntarily or otherwise, in the uniformed services as defined in those laws. 4. A trooper’s continuous service for purposes of longevity and seniority shall be broken by voluntary resignation, discharge or retirement. 5. Time spent in a job with the Division outside the bargaining unit shall be considered lost time for purposes of seniority, however, upon a trooper’s return to the bargaining unit, previous time spent in the bargaining unit shall count toward the trooper’s seniority. 9.3 Layoffs caused by reduction in force shall be in order of seniority within the bargaining unit; that is, the trooper last hired shall be the first released. Permanent and probationary trooper who are scheduled to be released shall be given at least 10 working days’ notice. All recalls to employment shall likewise be in order of seniority within the bargaining unit; that is, the last trooper released as a result of a reduction in force shall be the first rehired when the Employer needs additional troopers. The Employer shall notify such troopers who meet the minimum qualifications in Section 44-1-401. M.C.A., to return to work; and if the troopers fail to notify the Employer within 10 calendar days of his/her intention to return to work, or does not meet the qualifications provided in Section 44-1-402, M.C.A., the trooper shall be considered as having forfeited his/her right to reemployment. 1. No permanent trooper shall be laid off while there are probationary trooper serving in the bargaining unit. 2. After a general layoff, any trooper whose position is to be abolished and who has more seniority than a trooper of equal rank, may replace that trooper provided he/she meets the minimum occupational qualifications referred to in 9.3. Such transfer shall be considered a voluntary transfer for the purposes of Article 17. If the Employer determines that it is necessary to reduce the hours of troopers or initiate a layoff, the Employer agrees to meet and confer with the Federation prior to implementing the reduction in hours of layoff. The seven district representatives shall be allowed to "patrol" to and from the meeting, which shall be held during work time. No other expenses shall be borne by the Employer. 9.4 Longevity means a trooper’s length of continuous service with the Employer, irrespective of classification and/or assignment. 9.5 Longevity shall be counted from the hire. Longevity raises shall be computed from a trooper’s anniversary date as provided by the State Human Resources Division.

SENIORITY AND LONGEVITY. 9.1 Seniority means a trooper's length of continuous service, as a trooper, with the Employer since the his/her last date of hire. When more than one trooper is hired on the same date, seniority shall be determined by graduation order from patrol school. 9.2 Seniority shall be computed from the date the trooper takes the oath of office following completion of the curriculum at the MHP Advanced Academy: 1. To be absent from the job due to layoffs will be considered lost time for the purpose of longevity and seniority, however, previous employment shall count toward seniority and longevity. 2. To be absent from the job due to an approved leave of absence without pay that exceeds 30 calendar days, excepting leave for active military duty or authorized leave under the Family and Medical Leave Act or the Montana Maternity Leave Act, will be considered lost time for the purposes of longevity and seniority; however, previous service upon reemployment shall count toward seniority and longevity. 3. The Employer will comply with the provisions provision of the Uniformed Services Employment and Reemployment Rights Act (USERRA), 38 U.S.C. §§ 4301 et seq. and the Montana Military Service Employment Rights Act, §§ 10-1-1001 et seq., MCA with respect to any trooper who performs duty, voluntarily or otherwise, in the uniformed services as defined in those laws. 4. A trooper’s continuous service for purposes of longevity and seniority shall be broken by voluntary resignation, discharge or retirement. 5. Time spent in a job with the Division outside the bargaining unit shall be considered lost time for purposes of seniority, however, upon a trooper’s return to the bargaining unit, previous time spent in the bargaining unit shall count toward the trooper’s seniority. 9.3 Layoffs caused by reduction in force shall be in order of seniority within the bargaining unit; that is, the trooper last hired shall be the first released. Permanent and probationary trooper who are scheduled to be released shall be given at least 10 working days’ notice. All recalls to employment shall likewise be in order of seniority within the bargaining unit; that is, the last trooper released as a result of a reduction in force shall be the first rehired when the Employer needs additional troopers. The Employer shall notify such troopers who meet the minimum qualifications in Section 44-44- 1-401. M.C.A., to return to work; and if the troopers fail to notify the Employer within 10 calendar days of his/her intention to return to work, or does not meet the qualifications provided in Section 44-1-402, M.C.A., the trooper shall be considered as having forfeited his/her right to reemployment. 1. No permanent trooper shall be laid off while there are probationary trooper serving in the bargaining unit. 2. After a general layoff, any trooper whose position is to be abolished and who has more seniority than a trooper of equal rank, may replace that trooper provided he/she meets the minimum occupational qualifications referred to in 9.3. Such transfer shall be considered a voluntary transfer for the purposes of Article 17. If the Employer determines that it is necessary to reduce the hours of troopers or initiate a layoff, the Employer agrees to meet and confer with the Federation prior to implementing the reduction in hours of layoff. The seven district representatives shall be allowed to "patrol" to and from the meeting, which shall be held during work time. No other expenses shall be borne by the Employer. 9.4 Longevity means a trooper’s length of continuous service with the Employer, irrespective of classification and/or assignment. 9.5 Longevity shall be counted from the hire. Longevity raises shall be computed from a trooper’s anniversary date as provided by the State Human Resources Division.