Common use of SENIORITY AND PROBATION Clause in Contracts

SENIORITY AND PROBATION. 10.1 New employees will be considered as probationary employees until after they have completed a total of 900 hours worked in a calendar year for the Employer, or until paragraph 10.4 is complied with, whichever is the greater. 10.2 Subject to paragraph 10.4 below, after having completed a total of 900 hours worked in a calendar year, the employee shall commence to acquire seniority and shall be credited with 900 hours’ seniority and be classified as a permanent employee. 10.3 In the event that the probationary period of employment with the Employer is interrupted by a lay-off, the employee, is rehired within a period equal to their former seniority with the Employer, shall receive credit for the number of days previously worked by the employee. 10.4 An apprentice shall not acquire seniority until they have successfully completed the apprenticeship programme and has continued employment with the Employer, at which time they shall be credited with seniority retroactive to the date on which they were initially employed as an apprentice. 10.5 It is recognized that the probationary period is a trial period and that the Employer has full rights to discharge a probationary employee, who has not yet acquired seniority, if in the opinion of the Employer, they do not meet the work standard required by the Employer. Such discharge cases will not be subject to the Grievance or Arbitration Procedure. 10.6 Seniority shall be accrued on the basis of working days worked and be exercised within the trade classification of the employee, i.e. journeyperson plumber and journeyperson steam fitter. Two hundred and thirty-five days worked shall constitute one year of seniority, and the number of years of seniority credited to the employee shall be calculated by dividing the number of days worked with the Employer by 235. 10.7 An employee, while assigned in the capacity of a working Foreperson shall accrue and exercise the seniority within the trade classification in which they were originally hired, and shall be one of the last journeypersons employed in their trade classification. 10.8 Seniority shall be the deciding factor in the event of termination of employment due to lay-off, or with a recall to employment providing that any such senior employee has the ability and qualifications to perform the work available. 10.9 Employees who are laid off will remain on the seniority listing for a period equal to their seniority prior to such lay--off or fourteen months, whichever is shorter. 10.10 An employee will lose their seniority rights and employment with the Employer if they: (1) leave the employ of the Employer; (2) are discharged, unless such discharge is reversed through the grievance or arbitration procedure; (3) are absent from work without permission of the employee's supervisor for a period of three consecutive scheduled work days; (4) are laid off and not recalled within the period provided for in Article 10.09; (5) are absent from work due to illness or injury for a period of time greater than their accrued seniority prior to such illness or injury, unless such absence is due to a compensable illness or injury with the Employer and covered by the Workplace Safety and Insurance Act in which case an employee will retain any accrued seniority for a period of three years; (6) following lay-off, fail to report to work on the date and at the time specified in the written recall notice. The Employer shall ensure that three days' advance notice of recall shall be given, in writing or by telegram to the employee. It shall be the employee's responsibility to keep the Employer notified as to any change of their address and telephone number so that they will be up-to-date at all times; (7) Retire. 10.11 The Employer will maintain an up-to-date seniority list which will be supplied to the Union upon request, but not more than once in every six month period. (a) On the day of lay-off the employee shall be given at least two hours notice before the end of their regular work day and shall be paid for the full regular work day. (b) An employee laid off while working overtime shall be paid their full pay to the time of lay-off. 10.13 When an employee is laid off or discharged, their pay and separation notice will be made available at the offices of the Employer on the scheduled pay day for that pay period. Should the employee not pick up their pay and separation notice on that day it shall be sent to their last known address by registered mail.