SENIORITY. A. It is hereby agreed that the parties hereto recognize and accept the principle of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affected. B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire. C. The parties hereto shall recognize the principle of plant-wide seniority as follows: 1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications. a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped. b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped. c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee. d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority. e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II. 2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications. 3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time. D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.” E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.” F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates. G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire. H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job. I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. A. It is hereby agreed that the parties hereto recognize and accept the principle of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affected.
B. The seniority of an employee is defined as the 15.01 Seniority shall mean length of continuous uninterrupted service as an Authority employee dating back within the bargaining unit.
15.02 An Employee shall lose all seniority rights for any one or more of the following reasons:
a) Voluntary resignation
b) Discharge for just cause
c) Failure to his/her last return to work within ten (10) working days of receipt of recall by double registered mail unless due to illness or accident or other just cause. The Employer may require substantiating proof of the illness or accident.
15.03 Employees retained on staff following the probationary period will have seniority credited to date of hirehiring.
C. 15.04 An Employee laid off and placed on the recall list will retain but will not accumulate seniority during the period of layoff.
15.05 Seniority lists will be made available by the Employer and shall be amended quarterly in the event any changes occur during such period.
15.06 A member of the bargaining unit will be granted a leave of absence to accept a temporary assignment to another position with the Employer outside the bargaining unit for a known duration of not more than six (6) months. This period may be extended for an additional thirty (30) calendar days upon written request to the Union. The parties hereto Employee shall recognize continue to accumulate all seniority rights with the principle bargaining unit during this leave. Upon completion of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessaryleave of absence, the last person hired in a job classification affected Employee shall be the first one returned to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time former position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held 15.07 No Employee shall be transferred to a full-time position within outside the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positionswithout their consent. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee If an Employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions transferred to a higher position or transfers to other positions within outside the bargaining unit, the Authority Employee, for the term of the trial period of that position, shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon retain their seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back accumulated up to the position from which he/she camedate of leaving the unit, but will not accumulate any further seniority. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has Such Employees shall have the right to retain such employee as return to a nonunion “substitute employee.”
E. If a position in the bargaining unit employee accepts a position outside of during that trial period. If an Employee returns to the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list Employee shall be posted on placed in a job consistent with their seniority. Such return shall not result in the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laidlay-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits or bumping of the afforded jobany Employee holding greater seniority.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. A. It is hereby agreed that the parties hereto recognize and accept the principle of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will Seniority shall be a factor in designating the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she unit within the following divisions. Accumulation of seniority will have begin on the option to bump the least senior employee employee's most recent date of hire in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positionsdivision. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event that more than one individual has the same starting date of any layoffs or reductions in forcework, all employees hired before July 28, 2000, who exercise their right to bump into position on the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards seniority list shall be deemed to determined by casting lots. Employees transferring between divisions will have top their seniority for the purpose of this Section (C), so long as they are able to do the available work frozen in a satisfactory manner their former division and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to at the position from which he/she came. Likewise, if the position from which bottom of their new division seniority list unless the employee left was filledhas frozen seniority with the new division. The following seniority divisions will be maintained: Secretaries Vocational Education Paraeducators Special Education (including Special Education In-school Suspension), that employee will return Paraeducators, and Bus Paraeducators Title I Paraeducators (including General Education In-school Suspension), Playground, Lunchroom Paraeducators, and High School Attendance Clerk Library Paraeducators Mechanics
B. Probationary employees shall have no seniority until the completion of a forty-five (45) work day probationary period at which time their seniority shall revert to his/her former position without recourse their first day of work. The discipline and discharge of probationary employees is not subject to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed.
C. The Board shall prepare, maintain and post annually in the month of October, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. seniority list. If a bargaining unit employee accepts a position outside there are no potential errors identified within ten (10) business days of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimedposting, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on deemed correct until the bulletin boards and will show the employees’ names, classifications and seniority datesnext annual posting.
G. The Authority D. Any employee who has been incapacitated at her regular work may elect to take a vacant position which she is able to perform. Such election shall notify be limited by the Union ability of all newly-hired bargaining unit employees within thirty (30) days after hirethe employee and the length of the employee's seniority.
H. During a layoff, if the Authority offers a full-time, laid-off E. An employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker on unpaid leave shall have her seniority "frozen" for the duration of the absence without union benefitsleave and no step advancement on the salary schedule will be granted.
F. Seniority shall be lost by an employee upon termination, resignation, retirement from the bargaining unit, or the failure to return from a leave or layoff as elsewhere stipulated in this Agreement. An employee transferring out of the bargaining unit shall retain all rights and benefits accrued while in the bargaining unit upon her return to the bargaining unit..
G. For purposes of Article 16 (H) and Appendix B (1), employees may only attend and select an assignment if the employee was assigned to a position at the end of the preceding school year which is subject to the aforementioned provisions.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. A. It is hereby agreed that Seniority, for the parties hereto recognize and accept the principle purposes of seniority in all cases of transfersthis Agreement, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will shall be a factor in designating the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted unbroken service within the bargaining unit from the date of the employee’s first day of employment in a bargaining unit position. All bargaining unit seniority is lost when employment is severed by resignation, retirement, failure to return from a leave of absence, failure to return from recall, abandonment, or discharge. Neither lay-off nor the taking of an approved leave, as an Authority employee dating back provided under this Agreement, shall constitute a break in service. A seniority list consistent with this Agreement, shall be prepared by the employer within thirty (30) days of the ratification of this Agreement. The seniority list shall be in rank order of the date of the bargaining unit member's first day of work as a bargaining unit member. In the event more than one individual has the same first day of work as a bargaining unit member, the relative place of such persons on the seniority list, with respect to that date of work, will be determined by a drawing. The date, place and time of the drawing will be provided, in writing, to the Union and all affected members one (1) week before the drawing. The drawing will be conducted openly and at a time and place that reasonably allows all interested bargaining unit members, and particularly those affected, to attend. The President of the Union, or his/her last date designee shall draw for any person unable to be in attendance. All affected bargaining unit members will be notified, in writing, of hire.
C. the results of the drawing within forty-eight (48) hours of the drawing. The parties hereto seniority list shall recognize be published (with notation of the principle certification/approvals then on file with the Employer of planteach bargaining unit member) and posted conspicuously in the area of each building reserved for bargaining unit members use by October 15th of each school year. Updates of the list shall be published and posted once a year. A copy of the posted seniority list and all subsequent updates shall be provided to the Union. Errors, omissions and/or deletions in or to the list as posted, will be noted and made as required to conform to this Agreement at the request of the Union and notice provided to affected members. All challenges to a seniority list must be made within ten (10) days of the posting of the list. If the challenge results in any corrections, the corrections shall be posted and subject to another ten (10) day challenge period. The District shall incur no liability for relying upon the accuracy of the seniority list. For seniority and salary schedule placement purposes, regular teachers or teachers on lay- off status who are substitute teaching with an assignment to one specific teaching position serving forty-wide five (45) or more working days, or one (1) marking period during a semester, will be given credit for one semester. Bargaining unit personnel working less than full-time will receive salary schedule and seniority credit as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a fullTeachers working half-time position within the bargaining unit, he/she or less will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plantreceive one-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request quarter (1/4) year credit for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker IIeach semester worked.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newlyTeachers working more than half-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and time will receive the contract wage and uninterrupted benefits of the afforded jobfull credit for each semester worked.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
SENIORITY. A. It is hereby agreed that the parties hereto recognize and accept the principle of seniority 14.01 Seniority as referred to in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affected.
B. The seniority of an employee is defined as the this Agreement shall mean length of continuous uninterrupted service as an Authority employee dating back to his/her with the Employer at its warehouse operations in Toronto and Brampton, Ontario, from the employee's last date of hire. It shall have relevance only where specifically set forth and explained with respect to how it is to be applied. Subsequent to the signing of this Agreement, and every six months thereafter, a seniority list including separate seniority ranking number shall be posted in the main hallway by the Human Resources Manager. Employees will have two (2) weeks following such posting to clarify any disputes with respect to such seniority after which the list shall be accepted by the Union and all employees as correct.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. 14.02 If an employee who is being laid off has previously held a full-time position within hired into the bargaining unit with recognized company service accumulated outside the bargaining unit, he/she such service will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid recognized for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, purposes of wage and no Utility Worker employee is on layoff, the Authority will not bid the positionbenefit administration and entitlement. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right that an employee elects to bump into the Utility Worker positionbargaining unit pursuant to Article 14.06 from other Distribution Centre buildings, previous service earned at that Distribution Centre will be recognized by the Employer as if earned under this collective agreement, for all purposes under this collective agreement. It is further understood that all members of the bargaining unit employed by the Employer as of the date of execution of this Agreement shall do so receive full recognition for any service which may have been earned at the contractual rate of pay of Utility Worker IIEmployer's City View Distribution Centre for all purposes under this Collective Agreement.
2. Stewards 14.03 An employee shall be deemed to considered on probation and shall have top no seniority for the purpose of this Section until he has worked sixty (C), so long as they are able to do the available work 60) consecutive working days in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make . Upon completing such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, period the employee will be placed back to on the position from which he/she cameseniority list as of his last date of hire. Likewise, if An employee on probation shall hold no seniority and the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has employer shall have the right to retain such discharge, demote, suspend, reprimand, lay-off or otherwise discipline a probationary employee as providing they act in good faith and in a nonunion “substitute employeenon-arbitrary manner.”
E. 14.04 When filling permanent vacancies and on lay offs, the skills, ability, dependability and qualifications of employees together with the results of any tests deemed by the Employer to be relevant shall be given consideration. If a bargaining unit there is any choice to be made between two employees who are otherwise relatively equal, the employee accepts a position outside of having the bargaining unitgreater seniority shall receive the preference. In all instances, that employee regular full time (Material Handlers and General Maintenance) will be able given first preference by seniority and then material processors. The Company may consider personal leaves prior to return any lay-off. Recalls from lay off will be conducted by seniority if the employee is capable of doing the job. Regardless of seniority, the Chief ▇▇▇▇▇▇▇ will be the last employee laid off and the first to his/her former position only within be recalled. When the workforce is reduced, material handlers will not lose employment before the existing material processors. Permanent vacancies are defined as vacancies that are expected to or do last in excess of ninety (90) day probationary period days, except where relieving for sickness, accident, vacation, leave of absence and maternity/parental leave, or for temporary assignments outside the new jobbargaining unit. Likewise, if the position which the employee left was filled, that employee Permanent vacancies will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees filled within thirty (30) days after hireof the Company being notified in writing by the Union unless the vacancy is that of a Maintenance Mechanic or Lead hand.
H. During a layoff, if the Authority offers a full-time, laid-off employee 14.05 Employees within the bargaining unit a temporary “substitute” position, shall have the employee accepting this position will remain opportunity to apply in the union and will receive event a permanent vacancy in the contract wage and uninterrupted benefits of bargaining unit occurs, subject to the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.criteria set out in article
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. A. It is hereby agreed that the parties hereto recognize and accept the principle of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affected.
B. The seniority of an employee 9.01 Seniority is defined as the total length of continuous uninterrupted service as an Authority employee dating back in a position covered by the scope of the bargaining unit calculated from the last date of hire into a bargaining unit position at the Fort ▇▇▇▇▇▇▇▇ locations.
9.02 When a new Employee is hired, it is agreed that he/she shall be on probation for five hundred and four (504) straight time hours worked. During this probationary period the Employee may appeal to his/her last date Manager but will have no access to the grievance procedure regarding termination, provided the Employee has been notified of hireany deficiencies in writing and given the opportunity to correct them. After successful completion of the probationary period, the Employee's seniority shall be dated from the day their employment began.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. 9.03 When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay or more Employees are hired on the same day seniority will be issued at this timedetermined by using date of birth. The new hire with lowest month will be most senior. Should two or more new hires share the same month then lowest date will be used to determine seniority. Should the new hires have the same month and day for a birth date then the lowest year will be used to determined seniority.
D. For promotions to (a) Employees who accept a higher temporary or permanent position or transfers to other positions within outside the bargaining unitunit other than as Chargehand may accrue seniority for a period not to exceed five hundred and four (504) hours in a calendar year subject to the remittance of union dues.
(b) Employees who accept a position of Chargehand to temporarily fill a vacancy or meet a temporary need pursuant to Articles 9.06, 9.07 or 9.08 may accrue seniority for a period not to exceed five hundred and four (504) combined total hours in such roles in a calendar year subject to remittance of union dues. The Company may ask that the Authority Union agree to extend the five hundred and four (504) hour period and such consent shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall not be based upon seniority and ability to perform the work and qualificationsunreasonably withheld. Employees accepting these positions must sign a Chargehand acknowledgement, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee a copy of which will be placed back forwarded to the position from which he/she came. Likewise, if the position from which the union
(c) An employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee who accepts a position of Chargehand in anticipation of that employee accepting an existing or anticipated permanent Supervisor position pursuant to Articles 9.10 or 9.11 may accrue seniority for a period not to exceed five hundred and four (504) hours subject to remittance of union dues. Employees accepting these positions must sign a Chargehand acknowledgement, a copy of which will be forwarded to the union.
(d) An employee who accepts a permanent Supervisor position with the Company outside of the bargaining unitunit pursuant to Articles 9.10 or 9.11 may accrue seniority for a period not to exceed five hundred and four (504) hours including the hours since the employee first accepted a non-bargaining unit position subject to remittance of union dues.
(e) No employee may accrue seniority in Chargehand and Supervisor positions in excess of one thousand and eight (1008) hours in a calendar year.
(f) Except as otherwise agreed, that employee will following the expiry of any of the preceding limits, the employee's name shall be able removed from the bargaining unit seniority list.
9.05 An Employee shall lose seniority in the event that:
a) The Employee is discharged for just cause and not reinstated by the grievance procedure.
b) The Employee quits or retires.
c) The Employee fails to return to his/her former position only within work after being recalled from layoff.
d) The Employee has expired all recall rights.
e) The Employee misses two (2) consecutive shifts without direct notification to the ninety (90) day probationary period Company unless such notification was not reasonably possible.
9.06 Employees may be appointed as Chargehands for temporary purposes under one or more of the new job. Likewisefollowing circumstances:
a) To replace a Supervisor absent due to vacation, if illness, leave of absence, temporary promotion or training;
b) to replace a Supervisor temporarily assigned to a large job which prevents that Supervisor from performing regular supervisory functions in respect to the employees normally reporting to that supervisor; or
c) When assigned to a large job requiring the full authority of management.
9.07 When the incumbent of an existing Supervisory position which the employee left was filled, permanently vacates that employee will return to his/her former position without recourse any significant prior notice to the grievance procedure. It is agreed that if Company, an employee may be temporarily appointed as Chargehand for up to one hundred and sixty eight (168) hours pending selection by the Company of a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.Chargehand considered
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. A. It is hereby agreed that 8.01 An employee, other than a student hired for the parties hereto recognize and accept the principle vacation period, shall acquire seniority status after he has completed a probationary period of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affectedsixty (60) consecutive days within this bargaining unit.
B. The seniority of an employee is defined as (a) An employee, who, on the length of continuous uninterrupted service as an Authority employee dating back to his/her last effective date of hire.
C. The parties hereto shall recognize this Agreement, was in the principle employ of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position Company within the bargaining unitunit at the said Location, he/she will have shall, for the option to bump purposes of this Agreement, be credited with the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumpedhe possessed at such time.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit(b) Except as hereinafter and above provided, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top calculating seniority for the purpose of this Section Agreement all periods of a person's employment with the Company at the said Location, whether within the bargaining unit or not, which employment was not interrupted otherwise than by a lay-off of less than twelve (C)12) months, so long shall be included.
(c) Notwithstanding the provisions of clause 8.02 (b) above, a person who has been in the employ of the Company or its predecessor at any Works or location other than the said Location shall not be credited with seniority for such periods of employment unless an operation or operations of the Company should be transferred to the said Location from another location, in which case any person who was employed by the Company at the other location in such operation and who, as they a result of such transfer, becomes an employee at the said Location shall, on becoming an employee, be credited with the seniority he possessed immediately prior to his transfer.
(d) Seniority shall be lost upon termination of employment for any reason as well as upon transfer to a position outside the bargaining unit. Notwithstanding the foregoing, and provided the period of employment outside the bargaining unit did not exceed twelve (12) months, and was not interrupted by a lay-off of less than twelve (12) months, seniority would be restored upon re-entering the bargaining unit.
8.03 Seniority shall govern in the case of employees who are able equally qualified to do the available work job on all occasions when a lay-off which the Company expects to remain in effect for more than one (1) week is necessary, or when a satisfactory manner promotion or transfer to a classification listed in Schedule "F" occurs. If any such temporary lay-off should subsequently become permanent or exceed one (1) week in duration, the provisions of this clause 8.03 shall apply immediately but such application shall be without retroactive effects. The Company's judgement shall not be exercised arbitrarily or unreasonably and have the proper qualificationsCompany agrees to advise the Union of the reason for its decision on request.
3. Layoffs will become permanent (a) When it is necessary to increase the working force the Company shall not hire a person not formerly employed if the there is available a former employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions who was laid off within the bargaining unit, the Authority shall first attempt previous twelve (12) months who had acquired seniority status prior to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority lay-off and ability who is suitably qualified to perform the work available. Seniority at the time of lay-off shall govern between such former employees who possess equivalent qualifications.
(b) A former employee who has not filed his current address and qualificationstelephone number with the Company shall be ineligible for re-employment under the provisions of clause 8.04 (a).
(c) The Company will advise an eligible former employee by telephone or failing this by registered letter of the availability of a job opening. Should the former employee fail to reply within three (3) days (excluding Saturdays, Sundays and those holidays described in clause 6.03 of this Agreement) from the date of mailing of such registered letter to the last forwarding address filed with the Company he shall be deemed ineligible for re-employment under the provisions of clause 8.04 (a).
(d) A former employee who is unable or unwilling to accept re-employment when required by the Company may be bypassed by the Company in favour of another qualified former employee in accordance with the provisions of clause 8.04 (a) or if no such qualified former employee is available by other candidates for employment.
(e) A former employee who is ineligible for re-employment under the provisions of clause 8.04 (b) or 8.04 (c) or who is unable or unwilling to accept employment under the provisions of clause 8.04 (d) shall be removed from the list of former employees eligible for re-employment and shall not be reinstated on such list unless he specifically requests the Company to do so, by registered letter, within twelve (12) months from his last date of lay-off.
(f) A former employee who is eligible for re-employment under the provisions of this Article 8 may present a grievance at Step 3 of the grievance procedure and process the grievance in accordance with the grievance procedure set out in this Agreement if he believes the Company's action in not re-employing him was in contravention of this Agreement. Should such grievance succeed and should the individual not be otherwise disqualified, he shall be re-instated and compensated at the regular basic rate of the job to which he is reinstated for the time lost.
(a) The Company agrees to post seniority lists showing the seniority status of each employee and to furnish a copy of such lists to the Union.
(b) The Company agrees to alter the seniority lists from time to time and to correct any errors therein whenever proof of error is submitted by the Union or any employee. No change shall be made in the seniority status of an employee so promoted or transferred is not deemed qualified after without consultation with the ninety Union.
8.06 The Company agrees that before permanently filling vacancies in jobs under preferred classifications listed in Schedule "F" it will post, on plant notice boards for five (905) day trial periodworking days, notices soliciting applications for such vacancies.
8.07 A Committee composed of one representative of the Union and one representative of the Company shall meet from time to time to discuss the filling of vacancies in jobs covered by clause 8.06 above and may make recommendations to the Company thereon.
8.08 In January of each year the Company will meet with the employees and discuss if any employees would like to change their job classification. If an employee makes such a request the Company will post the job and the most senior applicant will be placed back to awarded the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employeeposition.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. A. It is hereby agreed that the parties hereto recognize and accept the principle of Apprentices will exercise their seniority in all cases their own group, only in the event of transfersstaff reductions, promotionssubject to provisions in the collective agreement and job security agreements. For example if there are four apprentices in the trade such as “Railcar Mechanic” and a reduction in this number is required due to lack of work, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted service first hired or classified as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected apprentice shall be the first one to be last laid off, off and the last person laid off shall be the first to be recalled reinstated. Upon satisfactory completion of the apprenticeship program, the apprentice will be placed on the respective craft seniority list at the home terminal where they began their apprenticeship and be credited with seniority from date of entry into the apprenticeship. Except as otherwise provided in accordance with the Craft Special Rules, apprentices shall on completion of their apprenticeship be permitted to exercise their seniority and at their classification; provided home seniority terminal to displace the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior junior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee their Craft in the Utility Worker classification provided that designated work area of their choice with the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoffshift, if a Utility Worker position becomes availabledays off, hours of work and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2their choice in accordance with the provisions of Rule 23.14 of Collective Agreement No. Stewards 101. By mutual agreement between the proper officer of the Company and the Local 101 Vice President concerned, an apprentice may at any time during their apprenticeship be permitted to transfer to any location on his Region with a view to remaining at that location on completion of his apprenticeship. Such apprentice shall during the last six months of this apprenticeship be required to make formal application to remain at that point. Such application shall be deemed to have top seniority for the purpose accepted provided that on completion of this Section (C)apprenticeship their seniority will permit them to fill a permanent vacancy in accordance with Rule 23.13 or displace an unqualified mechanic. Should their application be accepted, so long as they are able to do will have their name placed on the available work mechanics' permanent seniority list at that point with a seniority date established in a satisfactory manner and have accordance with Rule 31. In the proper qualifications.
3. Layoffs will become permanent if the employee event their application is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unitaccepted, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back required to return to the position from point at which hes/she camehe commenced their apprenticeship in order to protect their seniority rights under Rule 31. LikewiseNotwithstanding the provisions of the Collective Agreement between the Company and the Union, of which these Apprentice Standards shall henceforward be a part, an employee with seniority who is selected for an apprenticeship shall be permitted, if affected by layoff during the position from which the employee left was filledfirst five hundred (500) hours of apprenticeship, that employee will to return to his former job classification with the same seniority date that s/he held immediately prior to becoming an apprentice. After five hundred (500) hours of apprenticeship, apprentices shall have as his/her former position without recourse seniority date established as to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee date s/he commenced as a nonunion “substitute employeean apprentice.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. A. It is hereby agreed that the parties hereto recognize and accept the principle of Apprentices will exercise their seniority in all cases their own group, only in the event of transfersstaff reductions, promotionssubject to provisions in the collective agreement and job security agreements. For example if there are four apprentices in the trade such as “Railcar Mechanic” and a reduction in this number is required due to lack of work, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted service first hired or classified as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected apprentice shall be the first one to be last laid off, off and the last person laid off shall be the first to be recalled reinstated. Upon satisfactory completion of the apprenticeship program, the apprentice will be placed on the respective craft seniority list at the home terminal where they began their apprenticeship and be credited with seniority from date of entry into the apprenticeship. Except as otherwise provided in accordance with the Craft Special Rules, apprentices shall on completion of their apprenticeship be permitted to exercise their seniority and at their classification; provided home seniority terminal to displace the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior junior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee their Craft in the Utility Worker classification provided that designated work area of their choice with the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoffshift, if a Utility Worker position becomes availabledays off, hours of work and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2their choice in accordance with the provisions of Rule 23.14 of Collective Agreement No. Stewards 101R. By mutual agreement between the proper officer of the Company and the Local 101R Vice President concerned, an apprentice may at any time during their apprenticeship be permitted to transfer to any location on his Region with a view to remaining at that location on completion of his apprenticeship. Such apprentice shall during the last six months of this apprenticeship be required to make formal application to remain at that point. Such application shall be deemed to have top seniority for the purpose accepted provided that on completion of this Section (C)apprenticeship their seniority will permit them to fill a permanent vacancy in accordance with Rule 23.13 or displace an unqualified mechanic. Should their application be accepted, so long as they are able to do will have their name placed on the available work mechanics' permanent seniority list at that point with a seniority date established in a satisfactory manner and have accordance with Rule 31. In the proper qualifications.
3. Layoffs will become permanent if the employee event their application is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unitaccepted, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back required to return to the position from point at which hes/she camehe commenced their apprenticeship in order to protect their seniority rights under Rule 31. LikewiseNotwithstanding the provisions of the Collective Agreement between the Company and the Union, of which these Apprentice Standards shall henceforward be a part, an employee with seniority who is selected for an apprenticeship shall be permitted, if affected by layoff during the position from which the employee left was filledfirst five hundred (500) hours of apprenticeship, that employee will to return to his former job classification with the same seniority date that s/he held immediately prior to becoming an apprentice. After five hundred (500) hours of apprenticeship, apprentices shall have as his/her former position without recourse seniority date established as to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee date s/he commenced as a nonunion “substitute employeean apprentice.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. A. It is hereby agreed that 9.01 In recognition of the discrepancies between the starting dates of the two amalgamating Boards for the school years 1992-1998, the date for first day worked will be adjusted for placement on the seniority list to be the same for both amalgamating Boards and other members of the bargaining unit would then be placed on the seniority list relative to the adjusted first day worked.
9.02 By January 31, the Employer shall, in conjunction with the Bargaining Unit, have developed a list of all Bargaining Unit members in order of their acquired seniority. The seniority list will be determined in accordance with the provisions of this Article and shall be used for the purposes of declaring surplus and redundant teachers only. The seniority list will record the teacher’s qualifications and OSSTF category rating.
9.03 The seniority system will take effect the date of ratification of this Agreement or such earlier date as the parties hereto recognize and accept the principle of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affectedmay agree.
B. The seniority of an employee is defined as (a) Seniority shall be the length of continuous uninterrupted service secondary teaching as an Authority employee dating back to his/her a Bargaining Unit member with the Greater Essex County District School Board and the teacher’s immediate predecessor Board with seniority accruing from the first day worked after last date of hire. Approved absence, including layoff with recall rights, shall not be considered an interruption of continuous service.
C. The parties hereto shall recognize (b) For the principle purpose of plant-wide placing teachers on the seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessarylist, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees of those teachers who are on layoff fractional timetables will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long calculated as if they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this were working full-time.
D. For promotions (c) Teachers who taught credit courses in the Windsor Adult Day School program who were on Seniority List B in the 1994-1996 school year and who accept positions in the elementary or secondary panels will have their seniority back-dated to a higher position or transfers to other positions within the bargaining unitSeptember 1, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers 1996.
9.05 Separate seniority lists shall be based upon established for teachers, night school teachers, and summer school teachers.
9.06 Lists shall be rank ordered such that the most senior Bargaining Unit member is at the top of the list and the most junior at the bottom.
9.07 Seniority lists shall be posted in all secondary schools and copies forwarded to the President of the Bargaining Unit no later than January 31, of each school year.
9.08 Errors in the calculation of a member’s seniority and ability shall be brought to perform the work and qualificationsattention of the Employer by the member as soon as discovered, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back brought to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees Employer’s attention within thirty (30) days after hirework days, at the time of discovery will be noted but not updated until the next year’s seniority list is prepared.
H. During 9.09 Bargaining Unit members who commenced teaching on or after January 1, 1998 shall be added to the seniority list based on their first day of work subject to 9.04(c).
9.10 Should a layofftie in rank ordering occur, if the Authority offers tie will be broken by a lot conducted by the Bargaining Unit.
9.11 The seniority rights of a secondary school teacher shall cease for any one of the following reasons:
(a) a secondary school teacher resigns,
(b) a secondary school teacher retires,
(c) a secondary school teacher is discharged and such discharge is not reversed through grievance/arbitration procedures;
(d) a secondary school teacher is not recalled subsequent to being declared redundant in accordance with Section 12.05 (a)
(e) a recalled secondary school teacher refuses a fractional or full-timetime position equivalent to the position which they previously held, laid-off employee within unless a reason is given which is satisfactory to the unit Superintendent of Schools upon consultation with the Bargaining Unit President;
(f) a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the teacher’s contract wage and uninterrupted benefits of the afforded jobis terminated with severance pay.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. A. It is hereby agreed that the parties hereto recognize and accept the principle of seniority in
8.01 In all cases of transfers, promotions, layoffs demotions, transfer and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; governing factor provided the more senior employee is able qualified and competent to do the available work work.
(a) The Corporation shall prepare annually in January of each year a satisfactory mannerlist of all employees covered by this Agreement. Such list shall include: the name, classification, and provided that he/she has seniority date of the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within employees in the bargaining unitunit as at December 31, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification1981, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the AuthorityCorporation. The Effective January 1, 1982, all employees entering the bargaining unit shall be placed on such list and their seniority shall be based on the length of service in the bargaining unit. A copy of this seniority list shall be provided to the Local 122 President and Recording Secretary in January of each year and copies posted on the Corporation bulletin boards and will show the employees’ names, classifications and seniority datesboards.
G. The Authority (b) Protests with regard to the above-mentioned list shall notify be submitted, in writing, to the Union Director of all newly-hired bargaining unit employees Human Resources within thirty (30) calendar days after hireof the date the list is posted on the Corporation’s bulletin boards. When proof of error is presented by the employee or his representative, such error will be corrected and when so corrected the agreed upon correction date shall be final. Once the seniority standing of an employee is confirmed by the posting of the seniority list, no further requests for changes to the seniority standing shall be made. The Local 122 President and Recording Secretary shall be notified immediately in writing of any protest concerning the posted seniority list. When an employee is absent from work for the entire thirty (30) calendar day period mentioned above, they may protest their seniority standing within the first thirty (30) calendar days following their return to work.
H. (c) When addressing seniority issues, all ties shall be broken by lot in the presence of the President of the Bargaining Unit or designate and, if so desired, the affected employees. Tie-breaking meetings will be held at a time and place mutually agreed by all parties. The names of affected employees will be placed in a hat, and the Director of Human Resources or designate will draw the names. The first name drawn is to be the most senior, and so on, until the names of all affected employees have been drawn.
(a) (i) An employee who accepts a permanent position outside the bargaining unit shall be required to pay union dues beyond the date of transfer. Such employee shall retain their seniority acquired to the date of leaving the unit including a probationary period of six (6) months and they shall not accumulate any further seniority beyond this period of six (6) months. Upon expiration of the six (6) months probationary period, the employee shall lose all bargaining unit seniority rights. The Employer shall notify the employee and Local 122, in writing, a minimum of thirty (30) days before the expiration of the six (6) month probationary period to ensure that the employee is fully aware of the terms of this clause. During a layoffthe aforementioned six (6) month period, if the Authority offers a full-time, laid-off employee within employee’s performance is judged unsatisfactory by the unit a temporary “substitute” position, Corporation or if the employee accepting this position will remain in chooses to return to the union and will receive bargaining unit during the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff aforementioned six (6) month period, or if call backs are refused, the Authority will retain they shall have the right to fill the temporary “substitute” position with a nonunion worker for the duration revert to their former department, classification and rate, as shall any other employee who was promoted or transferred by reason of the absence without union benefitssuch placement.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. A. It 1. Within the various areas of certification/licensure listed on the seniority list in Section C, those bargaining unit members who hold a continuing contract shall be considered to be more senior than those who hold a limited contract. Seniority will then be computed from the teacher’s most recent date of hire into the bargaining unit by the Board. Seniority shall not be interrupted by an authorized leave of absence. For reduction in force purposes, comparable evaluations shall be determined as follows:
a. The effectiveness ratings for evaluation in Article 7 of this Agreement shall normally be assigned numbers as follows: Ineffective = 1, Developing = 2, Skilled = 3 and Accomplished = 4.
b. Bargaining unit members rated as Ineffective for two out of their last three evaluations shall be assigned the number 1.
c. Bargaining unit members rated as Developing for two out of their last three evaluations shall be assigned the number 2, unless the most recent evaluation is hereby agreed that rated Ineffective in which case the parties hereto recognize and accept the principle of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications member will be a factor in designating assigned the employee to be affectednumber 1.5.
B. The seniority d. Bargaining unit members rated as Skilled for two out of their last three evaluations shall be assigned the number 3, unless the most recent evaluation is rated Ineffective in which case the member will be assigned the number 2.5
e. Bargaining unit members rated as Accomplished for two out of their last three evaluations shall be assigned the number 4.
f. Bargaining unit members who receive a different effectiveness rating in each of their last three evaluations shall be assigned a number which is numerically between the least and greatest numbers associated with their last three evaluations. For example, an employee is defined as who receives effectiveness ratings of Skilled (= 3), Ineffective (= 1) and Developing (= 2) respectively in their last three evaluations shall be assigned the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hirenumber 2.
C. The parties hereto g. Bargaining unit members, who have received one but not yet received three evaluations, shall recognize be assigned the principle number associated with their most recent effectiveness rating.
h. Bargaining unit members who are assigned the same number as a result of plant-wide their evaluation(s), as stated in paragraphs a through g above, shall be considered to have comparable evaluations.
i. Bargaining unit members shall then be listed by last name first on a comparable seniority list as follows:
1. When the Authority determines that a layoff or rehiring is necessary) The names shall be separated into two categories by contract status (Continuing vs. Limited).
2) Next, within each contract status category, the last person names shall be listed in columns by areas of certification/licensure.
3) Next, within each certification/licensure column, the names shall be listed in ascending order by date of hire, beginning with the most recent hired in a job classification affected listed at the bottom of the column.
4) And finally, listed by each name shall be the first one to be laid offbargaining unit member’s assigned evaluation number (1, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner2, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit3, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II4).
2. Stewards Bargaining unit members who leave the employ of the Board and are re-hired shall be deemed to have top begin their seniority for the purpose of this Section (C), so long as when they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualificationsre-hired, and if an employee so promoted or transferred is any previously accrued seniority shall not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employeecount.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
SENIORITY. A. It is hereby agreed that the parties hereto recognize and accept the principle of (a) A Regular Employee's seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and date on which a Regular Employee's continuous service in the last person laid off shall be employ of the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position Centre commenced within the bargaining unit, he/she will have the option including all prior periods of service as a Casual, Temporary or Regular Employee contiguous to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumpedpresent regular employment.
b. If the employee (b) An Employee who applies for and is successful at being laid off has not previously held appointed to a full-time position within the same ▇▇▇▇▇▇▇ Care Society Centre but in another AUPE bargaining unit or at another ▇▇▇▇▇▇▇ Care Society Care Centre in another AUPE bargaining unit shall, effective the date of the appointment, transfer or promotion, have their seniority date adjusted to the date the Employee commenced at the Centre. The Employee’s total years of service with ▇▇▇▇▇▇▇ Care Society recognized for the purposes of all wages, benefits and entitlements in the Collective Agreement. If an Employee returns to their original Centre or bargaining unit, he/she will their seniority date shall be adjusted to reflect the seniority earned prior to their departure.
(c) An Employee who applies for and is successful at being appointed to a new classification shall, effective the date of the appointment, transfer or promotion, have their seniority date adjusted to the option to bump date the least senior employee Employee commenced in the Utility Worker classification provided that new classification. The Employee’s total years of service with ▇▇▇▇▇▇▇ Care Society recognized for the laid off employee has more plant- wide purposes of all wages, benefits and entitlements in the Collective Agreement. If an Employee returns to their original classification, their seniority than date shall be adjusted to reflect the Utility Worker being bumpedseniority earned prior to their departure.
c. All full-11.02 Seniority shall not apply during the probationary period; however, once the probationary period has been completed, seniority shall be credited from the seniority date established pursuant to Clause 11.01.
11.03 Seniority shall be considered in determining:
(a) preference of vacation time employees as specified in Article 26: Annual Vacation;
(b) layoffs and recalls, subject to the provisions specified in Article 35: ▇▇▇▇▇▇ and ▇▇▇▇▇▇;
(i) promotions and transfers and in filling vacancies within the bargaining unit who are laid off will have subject to the right provisions specified in Article 14: Recruitment and Selection -Appointments, Transfers and Promotions; and
(ii) shall include short-term movement from one place (neighbourhood or unit) to bid another place (neighbourhood or unit) in the Centre;
(d) the selection of available rotations by Employees on a unit affected by a new master rotation;
(e) the distribution and allocation of available positions. The Union will submit a request additional shifts / "pick up shifts" / hours of work for bid for the laid off employeePart-Time and Casual Employee as specified in Clause 15.16.
d. While under a 11.04 Seniority shall be considered broken, all rights forfeited, and there shall be no obligation to rehire:
(a) when the employment relationship is terminated by either the Employer or the Regular Employee;
(b) upon the expiry of twelve (12) months following the date of layoff, if during which time the Regular Employee has not been recalled to work;
(c) if a Utility Worker position becomes availableRegular Employee does not return to work on recall, as provided in Clause 35.07. A Regular Employee filling a temporary position/ assignment retains all rights of a Regular Employee.
11.05 Within three (3) months of the signing date of this Collective Agreement the Employer will provide to the designated Union representative, a seniority list containing the name and no Utility Worker employee is seniority date of each Regular Employee in the bargaining unit in chronological order. The designated Union representative shall be responsible for the posting of the seniority list on layoffthe bulletin board(s). The seniority list will be updated by the Employer and provided to the designated Union representative not less frequently than every six (6) months thereafter.
11.06 The Union shall have thirty (30) calendar days in which to take issue with the seniority list, otherwise the seniority list will be deemed to be correct. Should a difference arise regarding an Employee's seniority, the Authority Employer will not bid provide the position. Other employees who are on layoff will be afforded recall rights Union with the information necessary to the Utility Worker position regardless of classification, based on their plant establish accurate seniority.
e. 11.07 In the event of seniority dates are the same, any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after disputes arising between two (2) years Employees with the same date as they relate to layoffs and severance pay recall shall be resolved by a coin toss. If the dispute involves three (3) or more Employees with the same seniority date, then numbered cards will be issued at this timeused to determine the order of seniority.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. A. It is hereby agreed that 12.01 A new Grounds Staff employee shall be on probation until after the parties hereto recognize employee has completed four hundred and accept eighty (480) hours of work. Upon completion of such probationary period, the principle employee’s name shall be placed on the appropriate seniority list and credited with seniority as of seniority in all cases the date of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications commencement of the successful probationary period.
12.02 A new Office Staff employee will be a factor in designating considered on probation until after the employee to has completed four hundred and fifty (450) hours of work. Upon completion of such probationary period, the employee’s name shall be affectedplaced on the appropriate seniority list and credited with seniority as of the date of the commencement of the successful probationary period.
B. 12.03 A new Sales Consultants Staff employee shall be on probation until after the employee has completed six (6) calendar months of work. Upon completion of such probationary period, the employee’s name shall be placed on the appropriate seniority list and credited with seniority as of the date of the commencement of the successful probationary period.
12.04 The seniority employment of an employee is defined as may be terminated during her probationary period and, in this event, there shall be no recourse to the length grievance or arbitration procedure and the termination shall not be the subject matter of continuous uninterrupted service as an Authority employee dating back to his/her last date of hirea grievance.
C. The parties hereto shall recognize (a) Whenever they are used in the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessaryCollective Agreement, the last person hired in a job classification affected shall be the first one to be laid off, terms “seniority” and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards “service” shall be deemed to have top refer to the length of employment subject to the following conditions:
(b) It is understood that during an approved absence paid by the Employer, both seniority and service will accrue;
(c) During an absence not paid by the Employer, credit for service for purposes of salary increment, vacation, sick leave, or any other benefits under any provisions of the purpose of this Section (C)Collective Agreement or elsewhere, so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority suspended; the benefits concerned appropriately reduced on a pro-rata basis and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial periodemployee’s anniversary date adjusted accordingly. In addition, the employee will be placed back to the position from become responsible for full payment of subsidized employee benefits in which he/she came. Likewise, if is participating at the position from which commencement of the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. absence.
(d) It is agreed further understood that if a new hire was placed into a position which is being reclaimedduring such leave of absence not paid by the Employer, credit for seniority for purposes of promotion, demotion, transfer or layoff shall be suspended and not accrue during the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new jobabsence. LikewiseNotwithstanding this provision, seniority shall accrue for a period of twenty- seven (27) months if the position which the employee left was filled, that employee will return any employee’s absence is due to hisa disability resulting in WSIB benefits or STD/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employeeLTDbenefits.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. A. It 7.01 Seniority will date from the first day of service with the Fire Department, provided there is hereby agreed that continuity of service.
7.02 Schedule "C" attached hereto shall form part of this Agreement and shall show the parties hereto recognize and accept seniority of the principle members covered by this Agreement. The placement of a new employee at the bottom of the seniority in all list shall occur automatically at the time said employee becomes a permanent employee. In cases of transfersmultiple hiring of employees occurring on one date, promotionsthe order that persons are ranked in the eligibility list as of the date of hire shall determine their rank on the seniority list. The City shall provide this list to the Union upon request, layoffs and recallsbut in no event less often than once each calendar year. In all cases(An employee's date of birth, for privacy reasons, shall not appear on the seniority list, however, ability upon request the Union shall be provided with the listing of their member's dates of birth.)
7.03 Seniority shall govern layoffs, and when the Fire Department is engaging additional employees, the rehiring shall be done in the inverse order to layoffs, subject to the following conditions:
(a) An employee shall retain recall rights from the date of layoff for a period of time equal to their length of continuous employment with the Fire Department immediately preceding such layoff.
(b) An employee on layoff under Subsection 7.03(a) above for twelve (12) or more months shall:
(i) produce a medical certificate certifying the employee's physical and mental fitness to perform the work in a satisfactory manner and qualifications will be a factor in designating duties required by the City, and
(ii) satisfy the Chief of the Department, at the time of recall, that the employee has the qualifications to be affected.
B. The seniority perform the duties of an the rank and position in which the employee is defined as was laid off and/or that the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize acquires the principle of plant-wide seniority as follows:
1. When necessary knowledge and competence in their new position the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected employee shall be assigned to steady day shift (8 hours) for purposes of training. After satisfactory completion of such training the first one to be laid off, and the last person laid off employee shall be the first assigned to be a normal working shift. If satisfactory completion of such training is not achieved, such recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top be a newly hired employee and the provisions of Section 8:01, Probationary Fire Fighter, shall apply.
7.04 No member of the Fire Suppression Division shall be assigned to duty in the Fire Prevention Division for a period in excess of three (3) continuous years.
7.05 In the event that sickness or injury of a member makes it desirable for him to serve in the Fire Prevention Division, Alarm or Mechanical Divisions in excess of a three (3) year period, such extended service may be authorized by the City, although such continued service shall result in discontinuation of seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain promotion in the union and will receive the contract wage and uninterrupted benefits of the afforded jobFire Suppression Division.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. A. It is hereby agreed that the parties hereto recognize and accept the principle 11.1 An employee will be considered on probation until they have completed eighty (80) days of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the actual work in a satisfactory manner and qualifications the service of the Corporation. The employees may be removed for cause, which, in the opinion of the Corporation, renders the employee unsuitable for its service during such period. The probationary employee shall have access to the grievance procedure.
11.2 A seniority list will be maintained for each seniority group showing seniority numbers, names, positions, location and date of last entry into the Corporation's service in a factor position covered by such seniority group, from which date seniority will accumulate. Seniority lists will be maintained by the Corporation and a copy furnished to the designated National or Regional Representative of the Union and the Local Chairperson concerned in designating the employee to be affectedFebruary, June and October of each year.
B. 11.3 The seniority name of an employee is defined as shall be placed on the length seniority list immediately upon being employed on a position covered by this Agreement. An employee transferred to an excepted position or on leave of continuous uninterrupted service as an Authority employee dating back to his/her last date of hireabsence will have appropriate notation placed opposite his name.
C. The parties hereto shall recognize 11.4 Protests respecting seniority status must be submitted in writing within 60 calendar days from the principle of plant-wide date seniority as follows:
1lists are posted. When proof of error is presented by an employee or his representative, such error will be corrected and when so corrected the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected agreed upon seniority date shall be the first one to be laid off, and the last person laid off final. No change shall be made in the first existing seniority status of an employee unless concurred by the designated National or Regional Representative of the Union.
11.5 No change shall be made in the seniority date accredited an employee which has appeared on two consecutive annual seniority lists unless the seniority date appearing on such lists was protested in writing within the 60 calendar day period allowed for correctional purposes. Names which have not appeared on two consecutive annual seniority lists shall not be restored to be recalled such seniority lists except in accordance with their Article 11.13 or by agreement with the designated National or Regional Representative of the Union. A supplemental bulletin will be issued by the Corporation and posted by June 30th of each year showing any corrections to the seniority list as provided for above.
11.6 An employee with less than one year's seniority who, while filling a position under this Agreement, accepts a non-supervisory position under another wage agreement shall forfeit his seniority under this Agreement and their classification; his name shall be removed from the seniority list. This shall not apply when the employee accepts temporary and/or relief work under another wage agreement but should such temporary and/or relief work extend into a continuous period exceeding six months, he shall forfeit his seniority under this Agreement and his name shall be removed from the seniority list.
11.7 An employee with one year's seniority or more who, while filling a position under this Agreement, accepts non-supervisory work under another wage agreement shall be permitted to perform such work for a continuous period up to six months without loss of seniority. However, provided the more senior employee is able to do the available he can hold work in his own seniority group, he must return to such group at or prior to the expiration of such six month period or forfeit his seniority rights under this Agreement and his name shall be removed from the seniority list. After return from work under another wage agreement, the employee must remain on a satisfactory mannerposition covered by this Agreement for a continuous period of at least six months. If he returns to work under another wage agreement before the expiration of such six months, and provided that he/she has the proper qualificationsexcept when required for emergency work under another wage agreement, he will forfeit his seniority under this Agreement.
a. If 11.8 The provisions of Articles 11.6 and 11.7 shall not apply to an employee who, while holding seniority rights under another wage agreement, obtains employment and establishes seniority rights under this Agreement. If such an employee, while filling a position under this Agreement, exercises his seniority under the provisions of another wage agreement, his name shall be removed from the seniority list. An employee shall not be regarded as having exercised seniority rights when used for emergency service only.
11.9 Effective June 14, 1995, an employee holding seniority under this Agreement and who is being laid off has previously held presently filling or who may in the future be promoted to an official or any position with the Corporation which is excepted from any provision of this or any Collective Agreement, will have his name continued on the seniority list of the group from which promoted at his home seniority terminal and will retain seniority rights and continue to accumulate seniority while so employed for a full-time period of twelve (12) consecutive months. Thereafter, such employee will cease to accumulate any further seniority until he returns to a position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards Regional Representative shall be deemed to have top seniority for provided with a copy of the purpose of this Section (C), so long as they staff form when employees are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions promoted to a higher permanent or temporary position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employeeof more than 60 calendar days.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. A. It is hereby agreed that 9.1 Except as otherwise provided in Article 14.13, a new employee shall not be regarded as permanently employed until after sixty-five (65) working day’s service, which service must be accumulated within the parties hereto recognize and accept preceding twenty-four (24) months. Within such sixty-five (65) day period they may, without investigation, be removed for cause, which in the principle opinion of the Railway renders the employee undesirable for its service. If removed for cause they shall be provided with a written notice. If retained, seniority in all cases the Maintenance of transfersWay department shall commence from the date of entry into the service as Maintenance of Way employee under this agreement.
9.2 When two (2) or more employees are employed in the bargaining unit on the same day, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications their seniority standing will be a factor determined in designating the employee to be affected.following order:
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her (a) last date of hire.entry into Company service; if the same,
C. The parties hereto shall recognize (b) the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available local time at which they started work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have ; if the option to bump same,
(c) date on which application for employment was made; if the least senior employee in same,
(d) by a drawing of names as arranged by the classification appropriate Company Officer and the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumpedLocal Representative.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. 9.3 In the event of any layoffs or reductions an employee leaving the service when their services are required, upon re-entering the service, they shall rank as a new employee but shall not be required to complete the probationary period stipulated in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker IIArticle 9.
21. Stewards shall be deemed to have top seniority for If the purpose experience of an applicant meets the requirements of this Section (C)they are, so long as they are able if employed, entitled to do the available work in a satisfactory manner and have the proper qualificationsminimum schedule rate.
39.4 Probationary employees, if qualified, shall have preference of employment over the engagement of new hires. Layoffs Seniority Lists
9.5 Complete lists of all Maintenance of Way employees covered by this agreement on each seniority territory as defined* hereunder, showing their seniority standing in their respective departments and dates of promotion to higher classifications therein, shall be updated and posted at the headquarters locations of all employees concerned, on or before March 31 and September 30 of each year. A copy of said list shall be furnished to the Union Representatives of the employees. Seniority territories, as defined* hereunder, shall not be changed except by agreement between the railway involved and the TCRC MWED President. Note: See Seniority Territories, Appendix B
9.6 Separate lists will become permanent if be prepared for employees in the Track Department, Bridge and Structures Department and all other groups governed by this agreement.
9.7 Seniority lists shall be open for correction for a period of one hundred and twenty (120) calendar days on presentation in writing of proof of error by the employee is or their Representative to the issuing officer. Except by mutual agreement, between the TCRC MWED President or the authorized Representative and the appropriate officer of the Railway, seniority standing shall not recalled after two (2) years be
9.8 The list for Track Maintainer shall be prepared and severance pay will include those employees who in the exercise of their seniority have been assigned to vacancies or new positions regarded at the time as providing full time work. A seniority list shall also be prepared for the classification of Trackman “B” to include those employees who
9.9 A seniority list shall not be established for Track Maintainer/Section Truck Drivers. Bulletined vacancies of Track Maintainer/Section Truck Driver will be issued at this time.
D. For promotions to a higher position or transfers to other positions within awarded on the bargaining unit, basis of seniority in the Authority classification of Track Maintainer. A Track Maintainer/Section Truck Driver will retain all seniority rights and shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return exercise
a) An employee will not forfeit seniority in higher classifications (above Track Maintainer) for failure to hisoccupy vacancies in those classifications if the
b) The Track Maintainer/her former position only within Section Truck Driver will have the ninety (90) day probationary period primary responsibility for the operation of the new jobBTMF Section Vehicle. Likewise, if This operation will consist of the regular driving and daily inspection of the Section Vehicle. The principal duties of an employee working in the position which of Track Maintainer/Section Truck Driver shall be that of a Track Maintainer.
c) If for any reason a Track Maintainer on the employee left was filledsection is unable to drive the Section Vehicle, that employee duty will return to his/her former position without recourse to be performed by the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, Leading Track Maintainer or the Authority has Track Maintenance ▇▇▇▇▇▇▇.
d) All training regarding the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, Section Vehicle will be provided by the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the AuthorityCompany during regular working hours. The seniority list Company is prepared to absorb the cost of any additional licensing fees regarding the operation of the Section Vehicle.
e) Work Equipment Repair Shop employees represented by the TCRC MWED shall be posted provide maintenance services on the bulletin boards BTMF Section Vehicles, including repair of hydraulic components, crane and will show Hi-Rail components, in line with present practices. Note: Following the employees’ names1993 BTMF Reorganization, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoffon each Seniority Territory, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right bulletins were issued to fill the temporary “substitute” permanent positions of Track Maintainer/Section Truck Driver that were established under the BTMF implementation. For the purposes of establishing these new positions, one position with a nonunion worker of Track Maintainer, as outlined in the Article 8 notices, for the duration each of the absence without union benefits.reorganized sections to which a BTMF Section Vehicle was assigned, were considered
Appears in 2 contracts
Sources: Wage Agreement, Wage Agreement
SENIORITY. A. It is hereby agreed that Seniority for the parties purpose o f this contract shall be calcu lated by continuous service from the last date of employment (except as otherwise provided). Seniority list for all full time employees and a separate list for all part time employees shall be set up by the Employer and shall be furnished to the Union upon request. Seniority areas governing this Agreement are outlined in Exhibit “ C,” attached hereto recognize and accept made a part hereof. Seniority shall prevail in the principle of seniority following instances in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affectedas listed hereafter.
B. The seniority Employer agrees to give a week’ s notice or a week’s pay in lieu of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back a week’s notice to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-full time employees within the unit with six (6) months service and three (3) days’ notice or three (3) days’ pay to part time employees with twelve (12) months service who are laid off will have the right due to bid on available positionslack o f work. The Union will submit All employees like wise shall give a week’s notice prior to intended resignation. It is mutually agreed that after termination notice has been given by either party, no new request for bid for the sick benefits shall be granted.
C. Employees laid off employee.
d. While under a due to the store closing or reduction of employment shall be laid off by order o f the most recent hired and shall be rehired in the reverse order of the layoff, if a Utility Worker position becomes availablewith due consideration given job classification. Employees laid off and subsequently recalled within six (6) months will retain former seniority. Employer agrees to go beyond the seniority areas in the case of full time layoffs in distressed areas. How ever, and Employer will decide what store to transfer the employee to. There shall be no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant bumping by seniority.
e. In the event 1. Full time employees to be laid off shall have option of any layoffs or reductions in forcepart time employment, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, and shall do so be placed at the contractual rate top of pay of Utility Worker II.
2the part time seniority list, or may take a complete layoff. Stewards They shall be deemed to have top seniority for the purpose of this Section (C)right o f recall on any full time opening, so long as provided they are able to can do the available work in work. Full time employees reduced from full time to part time through no fault of their own will retain Blue Cross and Blue Shield coverage for a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new jobsix (6)
1. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee This Agreement shall not be construed as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authorityrestricting maonths. The seniority list Employer will pay the monthly composite rate sales representative from inspecting any and all merchandise of his respective company for spoilage or replacement, nor shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority datesit apply to initial special displays unless they have a tend ency to become constant or too often.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. A. It is hereby agreed that (a) Seniority for full-time Nurses shall commence and accumulate from the parties hereto recognize date of employment. Seniority for regular part-time Nurses shall accumulate on the basis of the number of paid hours in each calendar year including stat, sick and accept the principle of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affectedvacation hours.
B. The seniority of an employee is defined as i) In the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held event a full-time position within Employee transfers to part-time status, her seniority will be maintained and accumulated on the bargaining unit, he/she will have basis of one (1) year of full-time service equalling eighteen hundred and twenty (1,820) paid hours in service with the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumpedEmployer.
b. If ii) In the employee who is being laid off has not previously held event a full-time position within or part-time Employee transfers to casual status, her seniority shall be maintained on the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All basis of one (1) year of full-time employees within service equalling eighteen hundred and twenty (1,820) paid hours in service with the unit who are laid off will have the right to bid on available positions. The Union will submit a request Employer for bid for the laid off employeepurposes as defined at Article 5.1(a)(iv) below.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. iii) In the event of any layoffs a part-time or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker casual Employee obtains a full-time position, shall do so at her seniority will be credited on the contractual rate basis of pay eighteen hundred and twenty (1,820) paid hours in service with the Employer equalling one (1) year of Utility Worker IIfull-time service.
2. Stewards iv) Seniority shall be deemed to have top seniority accumulate for casual Employees on the purpose basis of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedurepaid hours. It is agreed understood that if a new hire was placed into a position which is being reclaimed, seniority for casual Employees shall only be recognized for purposes of job postings. The casual Employee seniority ranking shall appear on the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list with a notation indicating “for purposes of employees by classification and by length of service with the Authority. The job posting only”.
(b) A seniority list showing each Nurse's name and professional category shall be posted in February on one bulletin board in each office and shall be revised yearly. For part-time Nurses only, seniority on such lists will be expressed in terms of total paid hours. Complaints concerning the accuracy of such list will be considered within twenty (20) worked days of such posting and if no complaint is received within that time such list will be presumed to be accurate. If a complaint is received it will be responded to within twenty (20) worked days from the date the complaint was received. A copy of such list will be sent to the Bargaining Unit President at the time of posting.
(c) Seniority dates on the bulletin boards above list will determine the effective date of salary increments. Regular part-time Nurses will be entitled to one (1) increment within the salary schedule for each eighteen hundred and will show twenty (1,820) paid hours in the employees’ namesservice of the Employer, classifications and seniority datesbeing the equivalent of one (1) year of service.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30d) days after hire.
H. During a layoff, if the Authority offers a A newly employed full-time, laidtime Nurse shall be considered a probationary Nurse until she has completed four hundred and twenty (420) hours. A newly hired part-off employee within time nurse shall be considered a probationary nurse until she has completed four hundred and twenty (420) hours. After which the unit a temporary “substitute” position, full-time and/or the employee accepting this position will remain in part-time nurse shall be placed on the union and will receive the contract wage and uninterrupted benefits seniority list with full seniority commencing from her date of the afforded jobhire subject to article 5.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. A. It is hereby agreed that 15:01 An employee will be considered on probation and will not acquire seniority until the parties hereto recognize and accept employee has worked for a total of ninety (90) working days for the principle Employer, when their seniority shall commence from the date of last hiring.
15:02 The Employer agrees to observe the seniority of employees in all cases of connection with promotions, demotions, transfers, promotionslayoffs, layoffs and recalls, insofar as it is practicable to do so, providing their other qualifications are relatively equal. In all cases, however, ability Promotions to perform supervisory positions shall not be subject to the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affectedprovisions of this Agreement.
B. The seniority of 15:03 When an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and they shall have the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior option of displacing an employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position lower classification providing they have more seniority in terms of service within the bargaining unit, he/she will have unit than the option to bump the least senior employee in the lower classification except for apprentices. It is understood that when an employee exercises this option, they shall be paid the laid off employee once held; provided that rate for the laid off employee has more plant-wide seniority than the employee to be bumpedlower classification.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. 15:04 In the event of a tie in seniority between two or more employees, the Employer will interpret seniority standing for layoff purposes by ranking such employees by date of commencing work as a Temporary Journeyman Machinist/Millwright immediately prior to the date of last hiring. In the event that this ranking also produces a tie in seniority between two or more employees, the Employer will then interpret seniority standing for layoff purposes by ranking such employees in alphabetical order.
15:05 A seniority list by classification will be prepared and forwarded to the Union office on or about the 30th day of November during the term of this Agreement.
15:06 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. All other rights and privileges under the Collective Agreement with the exception of Articles 14:01, 15:01 15:02, 15:03, 32:01, and 35:01 shall apply to apprentice Electricians.
15:07 Employees who continue to be employed by the Employer in an acting position outside the bargaining until shall, subject to the approval of the Union, continue to acquire seniority for the duration of the acting appointment. The employee may return to their normal duties at any layoffs or reductions time upon request. In the event of a layoff of an employee with greater seniority than that of the seniority held by the employee in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker acting position, the employee in the acting position shall do so be considered to be laid off in the bargaining unit. An acting position shall be defined as a period not to exceed one year. This period may be extended by mutual agreement to a maximum of one (1) additional year.
15:08 An employee shall lose all seniority and be deemed terminated if the employee:
a) voluntarily quits, resigns or retires the employ of the University;
b) is justifiably discharged;
c) has been laid off for more than twenty-four (24) consecutive months;
d) following a layoff, fails to advise the Employer within five (5) working days of receipt of notice to return to work of their intention to return, or fails to report for work on the date and at the contractual rate of pay of Utility Worker II.time specified in the said notice; or
2. Stewards e) is absent from work for five (5) consecutive working days without notifying the Employer, and providing a reasonable explanation for such absence, in which case the employee shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service resigned their employment with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority datesEmployer.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. A. It is hereby agreed that 6.1 For the parties hereto recognize and accept the principle purpose of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications there will be a factor in designating the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All list for full-time employees within and one list for part-time employees in each group.
6.2 The Union’s Local President (or his/her designate) shall work with the unit who are laid off will have Director, Human Resources (or the right Company’s designate) to bid on available positionsprepare accurate seniority lists of full-time and part-time employees, to reflect seniority in a maximum of three (3) job classifications. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards draft lists shall be deemed to have top posted on April 1st and November 1st of each calendar year. Changes in the seniority for the purpose date and/or job classification of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent an employee shall be considered if the employee or his/her Union Representative makes written protest within thirty (30) calendar days after posting of the draft seniority list. Errors reported after the-said 30 days shall only be considered by the Director, Human Resources (or the Company’s designate) and the Local President (or his/her designate) where the change is not recalled after supported by recorded evidence. If an employee has been in the same seniority section for more than two (2) years and severance pay has not reported an error in his/her seniority over the last four (4) seniority postings, then the employee’s request for change will not be considered. Prior to their posting, the finalized seniority lists must be approved, dated and signed by the Director, Human Resources (or the Company’s designate) and the Local President (or his/her designate).
6.3 Where an employee has only held seniority in one seniority section for more than fifteen years and their job has been abolished, they may use their seniority to displace in any seniority section where they are qualified.
6.4 Employees appointed by bulletin to permanent positions in a seniority section will be issued at this timeaccorded a seniority date from the date of appointment by the bulletin.
D. For promotions 6.5 Any time that the Tower has a temporary department closure, all affected bargaining unit employees will be offered voluntary lay- off in seniority order before junior employees are laid off. Those employees who chose this option are deemed to a higher position or transfers acknowledge by this provision that he/she may not be entitled to other positions within the bargaining unitUnemployment Insurance Benefits.
6.6 When laying off an employee, the Authority shall first attempt Company will give to make such promotions the employee affected a fourteen (14) calendar days notice if the lay- off is deemed to be for more than three (3) months, and in the event of job abolition fourteen (14) calendar days notice. Notices will be hand delivered and via email. The Local President (or transfers from its regular employees; considerations for such promotions or transfers his/her designate) shall be based upon advised of all lay-offs and job abolition, and he/she may make proposals to Management on behalf of the employees affected.
6.7 When reducing forces, senior qualified employees will be permitted to exercise their seniority and ability in accordance with the terms of this Article. Any full-time employee will be considered as senior to any part-time employee.
6.8 A displaced employee or one whose position is abolished must exercise his/her seniority within his/her own job classification provided he/she has the qualifications to perform the work and qualificationswork, failing which he/she may:
(a) exercise his/her seniority within other job classifications within his/her seniority section or within another seniority section wherein he/she holds seniority, provided he/she has the qualifications to perform the work; or
(b) the employee may take a lay-off and/or hold him/herself available for part-time employment within his/her own seniority section until such time as he/she recalled in his own seniority section in accordance with the provisions of the Collective Agreement. In the application of this Article, an employee required to exercise his/her seniority to an immediately previous job classification, provided he/she has the qualifications to perform the work, will establish a seniority date the same date as his/her immediate previous job classification. Where there is more than one vacancy in a particular job classification, and if an more than one employee so promoted is qualified, and one or transferred more of them is not deemed qualified after a new scheduled employee and obtains one of the ninety (90) day trial periodvacancies, the seniority date of the successful employee will be placed back established on the basis of the date of first hire and, if there is a tie, then a full-time employee shall be considered more senior over a part-time employee. An employee exercising seniority in accordance with this Article shall, within five (5) calendar days of the abolition of her/his position or of her/his displacement, make her/his choice in writing to the Director, Human Resources (or the Company’s designate), copy to the Local President (or his/her designate), stating her/his qualifications where necessary, failing which the employee shall forfeit her/his seniority. The employee in question shall assume such new position at a date specified by the Company, such discretion not to be abused by Management. An employee, who is laid off and chooses to exercise his/her seniority to another job classification, must stay in the classification until a posted schedule becomes available for him or her to choose in accordance with his/her seniority.
6.9 When an employee is on leave of absence, or vacation, granted by the Company, on the date of her/his displacement or the abolition of her/his position, the time limits established in Article 6.8 above shall apply from the date of her/his return to work.
6.10 To be eligible for recall, a laid-off employee must keep the Human Resources Department informed of her/his current address.
6.11 A laid-off employee who fails to report for duty after receiving notification by registered letter and email or by a similar recordable message, or who fails to give satisfactory reasons for not doing so within five (5) calendar days of receipt of such notification, shall forfeit his/her seniority rights and shall be removed from the employ of the Company such being regarded as a voluntary separation.
6.12 A laid-off employee who is otherwise employed at the time of recall, may, without loss of seniority refuse a recall to a position of less than thirty (30) days anticipated duration, provided that another junior qualified laid-off employee is available. If a laid-off employee is recalled for one shift, the Company will give him/her a minimum of three (3) hours notice. If this notice is not given, he/she will not be required to work unless there is no junior qualified person available.
6.13 Laid-off employees shall be given preference in filling positions or vacancies in other seniority sections when no qualified laid-off employees are available in those seniority sections, their seniority in other seniority sections shall date from the date employed in these seniority sections.
6.14 Laid-off employees will be recalled to service in the order of their seniority provided that they have the necessary qualifications to perform available work, due regard being given to the provisions of Article 6.9 and 18.1.
6.15 The name of an employee who has been or is appointed from a bargaining unit position to employment in a non-bargaining unit position shall be retained on the seniority list of the seniority section from which he/she came. Likewisewas appointed, if and such employee shall continue to accumulate seniority for a period of one (1) year after which his/her name shall be removed from the seniority list of departments.
6.16 When an employee is released from a non-bargaining unit position, he/she may exercise his/her seniority rights to any position from which the employee left was filled, that is qualified to fill. The right to exercise shall be limited to a period of five (5) calendar days subsequent to release from a non-bargaining unit position. Such employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has shall also have the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within seniority section if he/she so desires during the ninety twelve (9012) day probationary month period of the new job. Likewisein which he/she was promoted, if the position which provided that the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if serves a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days day notice in writing to the Director, Human Resources (or the Company’s designate) not later than one (1) year from the date of his/her promotion after hire.
H. During a layoff, if which the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits provision of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.Article
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. A. It is hereby agreed that the parties hereto recognize and accept the principle
(a) Length of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant (seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority ) for the purpose of this Section Agreement, excluding purchased credited service under the Employees' Retirement System (C)Chapter 33, so long as they are able Article Ill of the Montgomery County Code) shall be calculated based on total County service, except in cases when breaks in service of 2 or more years occur. In such cases, service prior to do the available work break in a satisfactory manner and have the proper qualificationsService shall not be counted.
3. Layoffs (b) In the event that there is a tie between or among 2 or more employees regarding their calculated seniority, the tie will become permanent be broken on the basis of the sum of the last 4 digits of each affected employee's social security number, with the employee having the higher sum of the 4 digits being deemed the more senior.
8.2 An employee's seniority shall be terminated and all rights under this Agreement forfeited for the following reasons: discharge for cause, voluntary quit, resignation, or retirement.
8.3 (For SLT Bargaining Unit Employees Only) The filling of vacancies by transfer or promotion will be made from the highest rating category of the eligibility list, based on criteria established by the Employer.
(a) For job classes in the SLT unit on the attached list, if the employee is not recalled after highest rating category contains two (2) years and severance pay or more employees, selection will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority.
(b) For all vacancies to be filled by transfer or promotion other than those specified in subsection (a) above, seniority shall be considered when qualified candidates are otherwise deemed reasonably equal.
(c) If any individual is selected to fill any vacancy in (a) and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90b) day trial periodbecause of affirmative action, the employee will appointing authority must submit written justification for such action, which then must be placed back to approved by the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if Chief Administrative Officer or designee and made a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside part of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new jobselection record. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedureClass Title Grade Class Title Grade Autobody Repairer Apprentice 11 Plumber II 19 Building Services Inspector 12 Printer Apprentice 09 ▇▇▇▇▇▇▇▇▇ Apprentice 11 Public Services Craftsworker 15 ▇▇▇▇▇▇▇▇▇ II 18 Public Services Worker III 12 Depot Supply Coordinator 15 Sign Fabricator Apprentice 09 Electrician Apprentice 11 Supply Technician I 10 Electrician II 19 Supply Technician III 13 Equipment Operator I 14 Transit Aide I 08 Equipment Operator II 15 Transit Aide II 12 Equipment Operator Ill 16 Truck Drv./Whse. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the AuthorityWorker Helper 10 HVAC Mechanic Apprentice 11 Truck Drv./Whse. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.Worker Sub. Worker 11 HVAC Mechanic II 19 Truck Drv./Whse. Worker 15 Pavement Marking Leader 16 Warehouse Equip. Operator 13 Plumber Apprentice 11 Work Force Leader I 13
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. A. It is hereby agreed that Section 1 There shall be established a Seniority list by classification seniority of the parties hereto recognize regular Officers of the Fire & Rescue Department and accept said list shall be brought up-to-date by the principle City on or before January 15th of each year. Said list shall immediately be posted on a bulletin board in each Fire Station for a period of not less than thirty (30) days, and a copy of same shall be mailed to the Secretary of the Association. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired.
Section 2 Any laid-off or terminated Officer who withdraws from the State's retirement system shall automatically lose his/her seniority rights.
Section 3 In matters affecting promotion, demotion, and/or transfers of Officers within the Department, the determination of an Officer's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration:
a) Has the physical qualification to do the work, as prescribed in all cases Section21 of transfersthe Procedural Memoranda, promotions, layoffs and recalls. In all cases, however, ability Administration;
b) Has experience related to perform do the job;
c) Performs the work in the manner required by the City;
d) Cooperates with supervisors and other Officers and observes rules and regulations;
e) Protects the property and interest of the City;
f) Maintains harmonious relations with peers and subordinates;
g) Has a satisfactory manner positive attitude towards advancement and qualifications will the assumption of additional responsibility; Collective Bargaining Agreement IAFF Local 2909 FY12- FY14 Section 4 Section 5 Section 6 Section 7
h) Any new Officer positions shall be offered to regular permanent Officers first;
i) There shall be no re-testing for any permanent position existing as of the effective date of this Agreement unless the position being tested for entails a factor change in designating the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to job function. An Officer may refuse a permanent promotion in his/her last date line of hire.
C. The parties hereto progression. He/she then forfeits his/her rights to that position until all other Officers have had an opportunity to accept or refuse. This shall recognize not affect the principle of plant-wide seniority as follows:
1Officer's current rank nor his/her seniority, and shall not be held against the Officer in any way for future promotions. When the Authority determines that a layoff or rehiring is necessary, the last person hired Promotional examinations and/or evaluations conducted to fill vacancies in a job classification affected positions covered by this agreement shall be the first one to be laid off, and the last person laid off shall be the first to be recalled conducted in accordance with their seniority and their classification; established departmental regulations. Such regulations may be amended from time to time by the department provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During notice is given prior to the amendment(s) taking effect. When an employee is promoted to a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” Lieutenant position, such employee shall receive an hourly pay rate that is equal to or greater than three percent (3%) above their subordinates pay rate, provided such rate does not exceed the employee accepting this position will remain in maximum rate for the union and will receive the contract wage and uninterrupted benefits Lieutenant position. Lateral transfer of the afforded jobDeputy and Assistant Chief positions will be allowed for incumbents at the date of signing of this Agreement, thereafter it will be subject to the department's promotional procedure.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. A. It is hereby agreed that Departmental seniority for an employee shall be defined as their continuous length of service in the parties hereto recognize bargaining unit. Departmental seniority shall be the controlling factor in regard to layoffs, recalls, vacations and accept transfers. For employees of the principle City of Greenfield transferring into this bargaining unit, the departmental seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a mutually agreed to in advance by the City and the Union. Divisional seniority for an employee shall be defined and restricted to their continuous length of service in their current Division. Divisional seniority shall be the controlling factor in designating the employee regard to be affectedjob bids and promotions subject to Section B of this Article. Part-time employees who work less than twenty (20) hours per week and summer help and temporary employees shall not have any departmental or Divisional seniority.
B. When the City determines to fill a vacancy at the W-3 level or above, job bids shall be posted for three (3) work days on the appropriate bulletin boards, during which time employees may submit written bids to the appropriate Division Supervisor. The seniority of an employee is defined as job award to qualified applicants shall be determined in the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as followsfollowing order:
1. The senior employee bidding from within the same Division where the vacancy exists shall have preference.
2. The senior employee in the Department shall then have preference.
3. Applicants from outside the bargaining unit may then be considered.
4. If a job opening occurs while a qualified employee is on authorized leave, an employee may submit their written bid within three (3) days of receipt of written notice from the City of the job bid posting or within three (3) days of their return to work, whichever is shorter. An employee on workers compensation who does not have a known or an anticipated return to work date as certified by their treating physician will not be eligible to bid on job openings.
5. No employee with a seniority preference will lose the bid to an applicant with less seniority except for good cause. An employee aggrieved by such a decision may appeal to arbitration, whose decision shall be final. Any arbitration under this Section will be by the voluntary expedited arbitration rules of the American Arbitration Association.
6. When the Authority determines that there is a layoff bid on an open position, which requires a Commonwealth of Massachusetts CDL or rehiring is necessaryhydraulic license, the last person hired senior in-division employee that possesses the required licenses at the time of the bid opening shall be given the award. If no bidding employee in the Division possesses the required license(s), the City may consider making a provisional award to the most senior bidding employee who has demonstrated skills that indicate that they are likely to be able to acquire the required license(s). The provisional awardee shall be given at least two (2) tries or at least ninety (90) calendar days to acquire the license(s). A provisional awardee under this sub-section, shall not receive the associate pay increase until the first full week that they have possession of the license.
7. When there is a bid on an open position which requires a Commonwealth of Massachusetts operator’s license for either Water Facilities or Water Distribution, the employee must possess the requisite license at the time of the bid opening to receive the award. The City may consider making a provisional award to the most senior bidding employee who has demonstrated skills that indicate that they are likely able to acquire the required operator’s license within one (1) calendar year. A provisional awardee under this sub-section shall be given one (1) calendar year to obtain the license and shall not receive the associate pay increase until the first full week that they have possession of the license; except, in the case where an employee is at the top of the current scale and eligible for a step increase according to Article 9(F), then a step will be given to the next highest pay scale of the awarded position. However no future steps will be given until such time as the required license is received.
8. When there is a bid on an open position which requires a possession of an Automotive Service Excellence (ASE) Mechanic’s Certification, the employee must possess the requisite certification at the time of the bid opening to receive the award. The City may consider making a provisional award to the most senior bidding employee who has demonstrated skills that indicate that they are likely to be able to acquire the required certification within one calendar year. A provisional awardee under this sub-section shall be given one (1) calendar year to obtain the certification and shall not receive the associate pay increase until the first full week that they have possession of the certification.
9. It is understood that any employee awarded the bid, after a reasonable period of training, must demonstrate his ability to satisfactorily perform the work. “A reasonable period of training” as used in this Section shall be by mutual agreement of the City and the Union at the inception of such a training period. At the conclusion of such training period, if the City believes the employee has not demonstrated ability to satisfactorily perform the work, the employee may be returned to their prior position (if it still exists; otherwise to the appropriate position for which they have demonstrated ability to do the job classification affected and greater seniority than the incumbent). In case of such bumping, all bumped employees shall themselves have such bumping rights. The implementation of an award may be postponed by the City for a reasonable period until a replacement for the employee is ready.
10. In the event an employee was bumped by another more senior employee due to a position elimination, they shall have the opportunity to return to the position from which they were bumped should a vacancy in that position occur or a reinstatement of the position occurs. The right to return to a former position shall extend for a period of time equal to two (2) years or the employee’s length of employment service, whichever is the shorter, calculated from the date the employee was bumped.
11. An employee who is awarded a bid shall not be eligible to bid laterally for another vacancy more than twice during the twelve (12) months subsequent to the award. Employees who bid and are awarded the position and who either withdraws the bid and/or declines the position shall have the bid considered as such and is applicable under this Article.
12. The City will furnish the Union with a copy of the job bid posting, name of bidders, name of awardee and reason for the award.
C. An employee shall lose their seniority and cease to be an employee of the City for any of the following reasons:
1. If an employee quits or retires;
2. If the employee is discharged;
3. If the employee fails to report within five (5) days when recalled from layoff, or if an employee is on layoff for the length of their service or two (2) years, whichever is less;
4. Unauthorized Absences without notifying the DPW Director or their designee within three (3) days; or
5. False reasons for leave of absence.
D. New employees shall serve a probationary period of ninety (90) calendar days during which they shall have no seniority rights or use of accruals. After the expiration of the probationary period, seniority rights shall date back to the time of employment. The City has the right to discharge a probationary employee without reference to the Union and such discharge is not subject to any provisions of this agreement.
E. In case of discharge, the ▇▇▇▇▇▇▇ or the Business Agent will be notified at the time, if available, but in any case, within four (4) hours. An enclosed and locked bulletin board will be provided for Union use and under the control of the Union President or their designee. The Union shall have the right to post Union notices and bulletins pertaining to the administration of the internal business and affairs of the Union on the bulletin boards at each of the three (3) primary facilities. The Union agrees that it will neither cause, encourage nor permit the posting of notices which contain propaganda or which are partisan, controversial or derogatory to the City, its employees or its policies. Each notice and/or bulletin shall be signed by the Union officer or representative responsible for posting it and it shall be the first one duty of said Union officer or representative to cause the removal of said notice or bulletin from the board as soon as it has served its purpose.
F. The City will send to Union Headquarters (and also provide a copy to union officers) a current seniority list upon the list being amended from a hiring or separation of employment event. The City shall be laid offfurnished the names and titles of all Union officers and committees representing the Union in matters with the City and shall notify the City and Human Resources immediately of any change thereof or additions thereto.
G. The City shall have the right to employ temporary help at its discretion between May 1 to September 30, and such help shall work the last person laid off normal work week. All exceptions to these dates and hours shall be by mutual agreement between the first DPW Director and the Union. The City shall have the right to be recalled in accordance with their seniority and their classification; provided terminate the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualificationsemployment of temporary help at any time.
a. If H. Employees will not be discharged or disciplined except for good cause.
I. Work assignments within a classification will, whenever possible, be on the basis of the senior employee’s ability.
J. Employees being re-employed by the City after having previously terminated employment for any reason will be considered as a new employee. Seniority, vacations and other benefits will be computed from the date of most recent employment unless reinstated due to correction of facts or other pertinent information leading to current termination.
K. Except for emergencies beyond the control of the City, experimental or developmental work, the unusual absence of employees, unusual or unexpected service requirements or in the course of the instruction, training or supervision of other employees in the bargaining unit, supervisory SSEA personnel shall not perform the full-time work normally performed by the employees in the bargaining unit. Nothing in this agreement shall limit or restrict supervisory personnel or other non-bargaining unit personnel from performing work identical to their normal functions and responsibilities, as the City considers necessary or advisable.
L. The City agrees to give the Union President and its employees involved, a two (2) week advance notice of any intended layoff and an opportunity to discuss alternatives. At the time of a bump, the parties will meet to discuss the duration of the familiarization period appropriate to learn the job (as opposed to developing the skills). An employee in the bargaining unit who is being laid off has previously held a full-time due to elimination of or lack of funding for their position within the bargaining unit, he/she will have the option opportunity to bump another bargaining unit employee with less departmental seniority who occupies a position with the least senior same or lower grade, provided the employee whose job is being eliminated or not funded has all of the required licenses and other qualifications listed in the classification position description at the laid off time they exercise the right to bump. The employee once held; provided shall be allowed a familiarization period on the new job of two (2) weeks, which may be extended by mutual agreement of the City and the Union. During this period, the City may determine, for good cause, that the laid off employee cannot perform up to standard and they will be subject to layoff. An employee who has more plant-wide seniority than been bumped under this Article shall be returned to the employee former position held where there is a vacancy to be bumpedfilled.
b. If M. Employees assigned to tasks and work sites which extend beyond the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off normal work hours will have the right of first refusal to bid on available positions. The Union will submit a request for bid for the overtime.
N. A laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded shall retain recall rights for a period of time equal to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by their length of service with service, whichever is the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority datesshorter period.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. A. It is hereby agreed that (a) Seniority for full-time Nurses shall commence and accumulate from the parties hereto recognize date of employment. Seniority for regular part-time Nurses shall accumulate on the basis of the number of paid hours in each calendar year including stat, sick and accept the principle of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affectedvacation hours.
B. The seniority of an employee is defined as (i) In the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held event a full-time position within Employee transfers to part-time status, their seniority will be maintained and accumulated on the bargaining unit, he/she will have basis of one (1) year of full-time service equalling eighteen hundred and twenty (1,820) paid hours in service with the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumpedEmployer.
b. If (ii) In the employee who is being laid off has not previously held event a full-time position within or part-time Employee transfers to casual status, their seniority shall be maintained on the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All basis of one (1) year of full-time employees within service equalling eighteen hundred and twenty (1,820) paid hours in service with the unit who are laid off will have the right to bid on available positions. The Union will submit a request Employer for bid for the laid off employeepurposes as defined at Article 5.1(a)(iv) below.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. (iii) In the event of any layoffs a part-time or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker casual Employee obtains a full-time position, shall do so at their seniority will be credited on the contractual rate basis of pay eighteen hundred and twenty (1,820) paid hours in service with the Employer equalling one (1) year of Utility Worker IIfull-time service.
2. Stewards (iv) Seniority shall be deemed to have top seniority accumulate for casual Employees on the purpose basis of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedurepaid hours. It is agreed understood that if a new hire was placed into a position which is being reclaimed, seniority for casual Employees shall only be recognized for purposes of job postings. The casual Employee seniority ranking shall appear on the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list with a notation indicating “for purposes of employees by classification and by length of service with the Authority. The job posting only”.
(b) A seniority list showing each Nurse's name and professional category shall be posted before the end of February and August on one bulletin board in each office. For part-time Nurses only, seniority on such lists will be expressed in terms of total paid hours. Complaints concerning the accuracy of such list will be considered within twenty (20) worked days of such posting and if no complaint is received within that time such list will be presumed to be accurate. If a complaint is received it will be responded to within twenty (20) worked days from the date the complaint was received. A copy of such list will be sent to the Bargaining Unit President at the time of posting.
(c) Seniority dates on the bulletin boards above list will determine the effective date of salary increments. Regular part-time Nurses will be entitled to one
(1) increment within the salary schedule for each eighteen hundred and will show twenty (1,820) paid hours in the employees’ namesservice of the Employer, classifications and seniority datesbeing the equivalent of one (1) year of service.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30d) days after hire.
H. During a layoff, if the Authority offers a A newly employed full-time, laidtime Nurse shall be considered a probationary Nurse until they have completed four hundred and twenty (420) hours. A newly hired part-off employee within time nurse shall be considered a probationary nurse until they have completed four hundred and twenty (420) hours. After which the unit a temporary “substitute” position, full-time and/or the employee accepting this position will remain in part-time nurse shall be placed on the union and will receive the contract wage and uninterrupted benefits seniority list with full seniority commencing from their date of the afforded jobhire subject to article 5.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. A. It is hereby agreed that the parties hereto recognize and accept the principle of (a) A Regular Employee's seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and date on which a Regular Employee's continuous service in the last person laid off shall be employ of the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position Centre commenced within the bargaining unit, he/she will have the option including all prior periods of service as a Casual, Temporary or Regular Employee contiguous to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumpedpresent regular employment.
b. If the employee (b) An Employee who applies for and is successful at being laid off has not previously held appointed to a full-time position within the same ▇▇▇▇▇▇▇ Care Society Centre but in another AUPE bargaining unit or at another ▇▇▇▇▇▇▇ Care Society Care Centre in another AUPE bargaining unit shall, effective the date of the appointment, transfer or promotion, have their seniority date adjusted to the date the Employee commenced at the Centre. The Employee’s total years of service with ▇▇▇▇▇▇▇ Care Society recognized for the purposes of all wages, benefits and entitlements in the Collective Agreement. If an Employee returns to their original Centre or bargaining unit, he/she will their seniority date shall be adjusted to reflect the seniority earned prior to their departure.
(c) An Employee who applies for and is successful at being appointed to a new classification shall, effective the date of the appointment, transfer or promotion, have their seniority date adjusted to the option to bump date the least senior employee Employee commenced in the Utility Worker classification provided that new classification. The Employee’s total years of service with ▇▇▇▇▇▇▇ Care Society recognized for the laid off employee has more plant- wide purposes of all wages, benefits and entitlements in the Collective Agreement. If an Employee returns to their original classification, their seniority than date shall be adjusted to reflect the Utility Worker being bumpedseniority earned prior to their departure.
c. All full-11.02 Seniority shall not apply during the probationary period; however, once the probationary period has been completed, seniority shall be credited from the seniority date established pursuant to Clause 11.01.
11.03 Seniority shall be considered in determining:
(a) preference of vacation time employees as specified in Article 25: Annual Vacation;
(b) layoffs and recalls, subject to the provisions specified in Article 34: ▇▇▇▇▇▇ and ▇▇▇▇▇▇;
(c) promotions and transfers and in filling vacancies within the bargaining unit who are laid off will have subject to the right to bid provisions specified in Article 14: Recruitment and Selection - Appointments, Transfers and Promotions;
(d) the selection of available rotations by Employees on a unit affected by a new master rotation;
(e) the distribution and allocation of available positions. The Union will submit a request additional shifts / "pick up shifts"/ hours of work for bid for the laid off employeePart-Time and Casual Employees as specified in Clause 15.12.
d. While under a 11.04 Seniority shall be considered broken, all rights forfeited, and there shall be no obligation to rehire:
(a) when the employment relationship is terminated by either the Employer or the Regular Employee;
(b) upon the expiry of twelve (12) months following the date of layoff, if during which time the Regular Employee has not been recalled to work;
(c) if a Utility Worker position becomes availableRegular Employee does not return to work on recall, as provided in Clause 34.07. A Regular Employee filling a temporary position/ assignment retains all rights of a Regular Employee.
11.05 Within three (3) months of the signing date of this Collective Agreement the Employer will provide to the designated Union representative, a seniority list containing the name and no Utility Worker employee is seniority date of each Regular Employee in the bargaining unit in chronological order. The designated Union representative shall be responsible for the posting of the seniority list on layoffthe bulletin board(s). The seniority list will be updated by the Employer and provided to the designated Union representative not less frequently than every six (6) months thereafter.
11.06 The Union shall have thirty (30) calendar days in which to take issue with the seniority list, otherwise the seniority list will be deemed to be correct. Should a difference arise regarding an Employee's seniority, the Authority Employer will not bid provide the position. Other employees who are on layoff will be afforded recall rights Union with the information necessary to the Utility Worker position regardless of classification, based on their plant establish accurate seniority.
e. 11.07 In the event of seniority dates are the same, any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after disputes arising between two (2) years Employees with the same date as they relate to layoffs and severance pay recall shall be resolved by a coin toss. If the dispute involves three (3) or more Employees with the same seniority date, then numbered cards will be issued at this timeused to determine the order of seniority.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. A. It is hereby agreed Company seniority under this Agreement shall be defined as length of continuous service with the Company.
B. Classification seniority shall accrue from the time the Employee enters the classification (provided he successfully completes the probationary period) until he leaves that classification.
1. The date of entering a classification shall be established as one (1) day after the parties hereto recognize closing date of the bid, for seniority purposes only. The work classifications to be recognized for seniority purposes shall be available in electronic format at each StationMaintenance Base. An Employee moving from a lower to a higher classification shall retain and accept the principle of continue to accrue seniority in all cases lower classifications in which he worked.
a. An Employee who is “involuntarily” moved into an equal or lower rated classification shall retain and continue to accrue seniority in his former classification. The Employee shall continue to be paid premium pay for thirty (30) days.
b. An Employee who “voluntarily” moves into a lower rated classification shall retain, but not accrue, seniority in his former classification provided such move occurs after the effective date of transfersthis Agreement.
c. An Employee who “voluntarily” moves into an equal rated classification shall retain and continue to accrue seniority in his former classification. For purposes of this paragraph, promotions, layoffs an Aircraft Mechanic and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications Avionics Technician will be a factor in designating the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hireconsidered equally rated positionsclassifications.
C. The parties hereto Classification seniority shall recognize govern all Employees covered by this Agreement in preference of shifts, days off, furloughslayoffs, re-employment after layoffsfurloughs, displacements, demotions, transfers, and in bidding for vacancies of new jobs, and promotions provided that in each case, the principle Employee meets the qualifications for the job. (Seniority shall not be considered for promotions to Supervisory positions or positions not covered by this Agreement.)
D. When retained in service after the probationary period, the names of plant-wide such Employees shall then be placed on the seniority list for their respective classifications in accordance with Article 9 (A.)(2).B.1. To decide the position of two (2) or more Employees on the seniority list whose date of entry into a classification is the same, the following procedure will be used in the sequence as followsoutlined:
1. When Date of entering classification;
2.1. Date of becoming a Company Employee;
2. Employees will pick out one (1) card from one (1) suit from a deck of cards, ace being the Authority determines that highest card. Employees drawing the highest card will be first on the seniority listIn the event there is a layoff or rehiring is necessarytie of Company seniority and/or no Company seniority among the group of Employees, a representative from Human Resources (HR) shall determine the order of Classification seniority by using the last four (4) numbers of each Employee’s Social Security Number (SSN) and place them in order from highest number (most senior) to the lowest number (most junior) to establish their Classification Seniority.
3. If after the process in number 2 above, their still remains a tie, the HR representative shall continue to add numbers from right to left from the end (i.e. last person hired in five (5), last six (6), etc.) until there is a job classification affected shall be highest (senior) to lowest (junior) order thereby breaking the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualificationstie.
a. If an employee who is being laid off has previously held a full-time position E. All newly hired Employees for positions within the bargaining unitunit will be considered probationary Employees up until the end of their regular shift after one hundred eighty (180) calendar days of service. Employees on any type of leave including sick leave will not progress through the probationary period, he/she will have during such leave. During the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layofffirst sixty (60) calendar days of his probationary period, the Authority will not bid the position. Other employees who are on layoff will Employee may be afforded recall rights assigned shifts and duties without regard to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of training and evaluating the Employee. At no time will this Section assignment cause a more senior Employee to be displaced from his current shift.
F. All probationary Employees shall enjoy all benefits of the terms of this Agreement unless otherwise expressly provided for, except that the Company’s discipline/discharge of a probationary Employee shall not be subject to the grievance procedure.
G. All Employees permanently transferred to a new classification shall be subject to a probationary period of one–hundred and twenty (C)120) calendar days from the date of entering the classification, so long as they are able and during such probationary period, will be returned to do his prior classification if the available work Company determines he is not progressing satisfactorily in a satisfactory manner the new positionClassification.
H. An Employee will lose his seniority, and have his name shall be removed from the proper qualifications.seniority list and his employment with the Company terminated under the following conditions:
1. Employee quits or resigns;
2. Employee is discharged for just cause;
3. Layoffs will become permanent Employee is absent from work for three (3) consecutive work days without properly notifying the Company of the reason for his absence;
4. Employee does not inform the Company in writing or by another Company designated faxprescribed method of his intention to return to service from layoff within three (3)five (5) calendar days of delivery of a certified letter of notice from the Company offering him re-employmentrecall. Laid off Employees shall not be required to accept a temporary job, and the Company shall notify the Employee(s) if a recall is for a temporary position;
5. Employee does not return to the employee service of the Company on or before a date specified in the notice from the Company offering him re-employmentrecall from layoff, which date shall not be prior to fourteen (14) calendar days after the delivery of the certified letter or overnight express mail with receipt of notice provided, however, that this paragraph shall not apply to offers of temporary work or recalled to another StationMaintenance Base at time of layoff.
6. All notices required to be sent under this section shall be sent by certified U.S. mail, return receipt requested or overnight express mail with receipt of the notice provided, to the last known address filed by him with the Company. Employee is responsible to provide an updated address.
7. The Employee is not recalled after two having been on lay-offlayoff status from the Company for a continuous period of thirty-six (236) years and severance pay will be issued at this timemonths.
D. For promotions to 8. An Employee accepts gainful employment while on leave of absence, where said employment was not specifically authorized;
9. An Employee gives false reason for obtaining a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she cameleave of absence;
10. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able An Employee fails to return to his/her former position only within work after medical leave or upon medical certification of ability to work. If there is a dispute concerning the ninety Employee’s ability to return to work; the dispute will be resolved by the opinion of a physician mutually agreed upon. The cost of such physician will be shared equally the Company and the Employee; and
11. An Employee fails to return to work upon expiration of a leave of absence.
I. All reductions in force shall be in inverse order of seniority by classification. Employees whom the Company intends to furlough lay off will be given (9014) day probationary period fourteen calendar days advance notice or pay in lieu thereof, except in cases of emergency, strikes, acts of God or other causes beyond the control of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the AuthorityCompany. The seniority list fourteen (14) calendar days’ notice provision shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority not apply to Employees displaced by furloughed laid off Employees exercising their options as set out below. Furloughed Laid off Employees shall notify the Union Company of all newly-hired bargaining unit employees their option within thirty five (305) days after hire.
H. During a layoffcalendar days, if and displaced Employees will be notified as soon as possible, but with no less than five (5) days’ notice thereafter. Furloughed Laid off Employees must exercise their options; to the Authority offers a full-timeextent they are available, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive following order, except that they may elect lay-offlayoff status without regard to the contract wage and uninterrupted benefits availability of the afforded jobother options.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Tentative Agreement, Tentative Agreement
SENIORITY. A. It is hereby agreed that a. In the parties hereto recognize case of layoff and accept the principle of seniority in all cases of transfers, promotions, layoffs seniority and recalls. In all cases, however, ability to perform do the work job(s) in a satisfactory manner and qualifications will question shall be a factor in designating the employee to be affectedconsidered with seniority ruling where ability is equal.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her b. Seniority shall be calculated from last date of hire.
C. c. For the purpose of determining increases within rate ranges, an employee shall be credited for a full week’s seniority for any part of a week worked.
Section 2 Employees laid off and subsequently rehired by the Employer within six (6) months of the layoff date shall retain their former seniority. Employees laid off on ac count of ill health shall retain their seniority for a period of twenty-four (24) months.
Section 3 The parties hereto Company agrees to furnish the Union each con tract year with a separate seniority list of all employees indicating their employment date.
a. First Grocery Clerks, First Produce Clerks, Head Meat Cutters, Night Shift Heads, and First Meat Cutters shall recognize not be subject to bumping, except in cases of store closing due to fire or flood.
b. In order for bumping to occur, a bona fide job open ing (defined to mean: an opening created by quit, discharge or retirement) must exist. Bumping may also occur in the principle case of plant-wide layoff.
c. Union will notify the Company three (3) days in ad ▇▇▇▇▇ of proposed bumping where such is across departmental lines. The bumping employee must be qualified to do the new job.
d. The provisions of this section does not apply in the case of new store openings until the store has been opened for sixty (60) days.
a. When there is a reduction or layoff in the work force, Company seniority as follows:
1. When shall govern and a qualified em ployee with seniority on day shift shall have the Authority determines that a layoff or rehiring is necessaryright to displace the least senior employee of the same job classification on day shift within first, the last person hired store, then within a ten mile radius of the store.
b. If there is no junior employee within a ten-mile (10) radius, then such employee shall have the right to either displace the nearest day shift junior employee working in the same job classification in a store outside the ten (10) mile radius or displace the least senior employee working within a ten (10) mile radius in either department (1) Meat, (2) Grocery- Produce, in a classification with the same or a lower authorized rate.
c. If no day shift opportunity is available as set forth above, the employee shall have similar rights insofar as a job classification affected on the night shift is concerned.
d. The junior employee so displaced shall have the same job rights until all possibilities have been ex hausted.
e. The Company will inform the Union at least one (1) week in advance of proposed layoffs; should Com pany fail to provide such notice, employee shall be compensated one (1) week's normal straight-time pay (or appropriate pro rata fraction thereof) for the first one to be laid off, and the last person week (or fraction thereof) not included in advance notice.
f. Employees laid off shall be the first to be recalled rehired in accordance with order of their seniority and their classification; provided they possess the more senior employee is able necessary qualifications to do the available work in a satisfactory mannerjobs available. Written notice of recall shall be sent to employee with copy to Union office. If employee does not answer within five (5) days, the Company has no further obligation.
Section 6 Any employee returning from the military service shall be put back on the regular job he had when leaving for military service subject to the provisions of the Universal Military Training and Service Act, provided that he/she has can reasonably perform the proper qualificationsfunctions of the position, with all across-the-board increases or less any across-the- board deductions that may have become effective dur ing his/her absence. Because on-the-job experience and application are the predominating factors in upgrad ing within a rate range, military service itself will not qualify an employee for automatic promotion within such rate range, but same shall be based on payroll service only.
a. If an employee who Section 7 It is being laid off has previously held a understood that stewards of the Union shall at all ' times be full-time position within day shift employees and shall be the bargaining unit, he/she will have the option last to bump the least senior employee in the classification the be laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee in any case, subject to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after job in question. The Union shall furnish the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if Company with a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority complete list of employees by classification and by length of service with the Authority. The seniority list stewards which shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority datessupplemented from time to time as may be necessary.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. A. It is hereby agreed that the parties hereto recognize and accept the principle of seniority 11.01 Seniority, as referred to in all cases of transfersthis Agreement, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will shall be a factor in designating the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of planta regular part-wide seniority as follows:
1. When the Authority determines that a layoff time or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within employee in the bargaining unitemploy of the Employer as provided for in Article 11.02.
11.02 When an employee is hired, such employee shall be considered probationary for their first 90 days actually worked and he/she will have no seniority during that period. If the option employee’s contract is not terminated during the probationary period, then the employee shall be given seniority retroactive to bump the least senior employee first day of work. A casual employee, hired for a permanent position, upon completion of his/her probationary period will also be credited seniority for hours worked in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee 12 months prior to be bumpedtheir date of permanent hire.
b. If 11.03 The Employer agrees to supply an updated seniority list to the employee who is being laid off has not previously held a full-time position Chair, and the Union Office, by January 31 of each year. The seniority lists shall contain the names of all employees within the bargaining unit, unit and shall include date of hiring and classification for each employee. A copy of each seniority list shall be made available for posting in all sites in which bargaining unit members are assigned. All bargaining unit members will have access to the seniority lists by way of the Board’s electronic bulletin board/email system.
11.04 An employee shall accumulate seniority under any of the following conditions:
a) While he/she will have is at work for the option to bump Employer after completion of the least senior employee probationary period as set out in Article 11.02.,
b) During any period when he/she is prevented from performing his/her work by reason of injury arising out of and in the Utility Worker classification provided that course of his/her employment for the laid off employee has more plant- wide seniority than Employer for which he/she is receiving compensation under the Utility Worker being bumpedprovisions of the Workplace Safety and Insurance Act,
c) During any absence due to illness, or
d) Under any authorized leave of absence given in writing.
c. All full-time employees within the unit 11.05 An employee who are laid off will have the right does not qualify to bid on available positions. The Union will submit a request for bid for the laid off employeeaccumulate seniority under Article 11.04 shall maintain his/her existing seniority unless and until he/she loses same pursuant to Article 11.06.
d. While under a layoff, if a Utility Worker position becomes available, 11.06 Seniority rights shall cease and no Utility Worker employee is on layoff, the Authority an employee’s employment will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C)terminated if an employee:
a) voluntarily resigns or quits, so long as they are able to do the available work in a satisfactory manner b) is discharged and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to reinstated through the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, procedure or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.arbitration,
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. A. It is hereby agreed that (a) For the parties hereto recognize and accept the principle purposes of determining a seniority in all cases of transfersdate, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications an employee's aggregate paid hours will be a factor in designating converted by using the employee to be affectedfollowing formula: two thousand and eighty (2,080) paid hours equals one (1) year.
B. The (b) An employee’s seniority shall be calculated from his/her initial date of hire, provided he/she is not absent from work for any period exceeding twelve (12) continuous months for reasons other than illness, injury, layoff or an employee is defined as the length approved leave of continuous uninterrupted service as an Authority employee dating back to absence. If he/she has been so absent, his/her seniority shall accumulate from his/her last date of hire.
C. The parties hereto (c) Notwithstanding the foregoing sub-clause, as of May 11, 2000, all employees who were previously covered by a Collective Agreement shall recognize the principle of plant-wide have placed to their credit such seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled they had accumulated in accordance with the terms of their predecessor Collective Agreements. Following the aforementioned effective date, employees shall continue to accrue seniority and their classification; provided in accordance with the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualificationsterms of this Collective Agreement.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit12.01 (d) Notwithstanding clause 12.01(b), he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unitas of May 11, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force2000, all employees hired before July 28who were not covered by a predecessor Collective Agreement shall have placed to their credit seniority in accordance with Section 33(3)(b) or (c) of the Public Sector Labour Relations ▇▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇, S.O. 1997, c.21, Schedule. B, which shall be calculated from their first date of hire with their predecessor employer unless they lost seniority in accordance with clause 12.02, in which case it shall be calculated from their subsequent date of hire. Following the aforementioned effective date, employees shall continue to accrue seniority in accordance with the terms of this Collective Agreement.
12.01 (e) Notwithstanding Clause 12.01(b), as of May 11, 2000, all employees who exercise were covered by a predecessor Collective Agreement and who are not excluded from the Unit B bargaining unit in accordance with Clarity Note 2 in Article 2 (Recognition) shall have placed to their right credit such seniority as they had accumulated in accordance with the terms of their predecessor Collective Agreements. Following the aforementioned effective date, employees shall continue to bump into accrue seniority in accordance with the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose terms of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualificationsCollective Agreement.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. A. It is hereby agreed that the parties hereto recognize and accept the principle of 20.01 An employee shall acquire seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she status after he has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee been in the classification employ of the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so Company at the contractual rate said Works for a probationary period of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section one hundred and eighty (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2180) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedurecalendar days. It is agreed that if the provisions of Article 23, Arbitration, shall not apply in the case of a new hire was placed into layoff or dismissal of a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute probationary employee.”
E. If 20.02 Seniority shall, for the purposes of this Agreement, be calculated so as to include all periods of a bargaining unit employee accepts person's employment with the Company at the said Works or its predecessor, which was not interrupted otherwise than by a layoff of less than thirty six (36) months.
20.03 Seniority shall be lost upon termination of employment for any reason, or upon a transfer to a position outside of the bargaining unit. Notwithstanding the foregoing, however, seniority lost upon a layoff lasting less than thirty six (36) months shall be restored upon re-employment; seniority lost upon a transfer to a position outside the bargaining unit shall be restored upon re-entering the bargaining unit together with full seniority credit for the time spent in the Company's employ outside the bargaining unit, provided that the period of such employment outside of the bargaining unit was not interrupted otherwise than by a layoff of less than thirty six (36) months.
20.04 Seniority shall govern the case of layoff which the company expects to remain in effect for more than two (2) weeks, or a transfer or promotion to a classification in Schedule "A", provided the senior employee is as well qualified as other employees. If any such temporary layoff should subsequently become permanent or exceed two (2) weeks in duration, the provisions of this clause
20.04 shall apply immediately but such application shall be without retroactive effects.
20.05 In the case of persons who are as well qualified as other persons who apply for employment when job vacancies occur, the Company will give preference according to seniority at the time of layoff to available former employees who were laid off by the Company due to lack of work within the previous thirty six (36) months.
a) The Company shall maintain a recall list. An individual's name will be put on the recall list whenever he is laid off from the Company. When hiring for jobs covered by this Agreement, the Company will give preference according to the seniority at the time of layoff to those individuals who are on the recall list.
b) The following provision shall apply when recalling individuals:
i) For part-time work an individual may refuse recall four (4) times per year. A refusal to accept recall will not be counted if the individual has a legitimate reason for not being able to return to his/her former position only work or if he is off due to accident or illness.
c) For full-time employment the following procedure will be followed:
i) A registered letter must be sent to the individual.
ii) An individual will be allowed five (5) working days to accept recall from the date he receives his registered letter.
iii) An individual will have to report to work within a further seven (7) days or he will be removed from the ninety (90list.
iv) day probationary period of The Company may extend these time limits to an individual.
v) An individual will not be removed from the new job. Likewise, recall list if the position which the employee left was filled, that employee will he is unable to return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employeework because of sickness or accident.”
F. Twice each year, the Authority 20.06 Seniority shall prepare and forward to the Union a seniority list of employees by classification and by be based on length of continuous service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union from date of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During 20.07 The Company agrees to post seniority lists showing the seniority status of each employee and to furnish a layoff, copy of such lists to the Union.
20.08 An employee will lose all seniority and be deemed to have terminated employment if the Authority offers employee is absent without leave from the Company for a full-time, laid-off employee within period of over five (5) working days without providing a reason satisfactory to the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded jobCompany.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. A. It is hereby agreed that the parties hereto recognize and accept the principle of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority (A) Seniority for the purpose of this Section con tract shall be calculated by continuous service from the last date of employment (except as otherwise provided). Seniority list for all full time employees and a separate list for all part time employees shall be set up by the Em ployer and shall be furnished to the Union upon request. Seniority areas governing this agreement are outlined in Exhibit C, attached hereto and made a part hereof. Seniority shall prevail in the following instances in the man ner as listed hereafter:
(B) The Employer agrees to give a week’s notice or a week’s pay in lieu of a week’s notice to full time employees with six (6) months service and three (3) days notice or three days pay to part time employees with twelve (12) months service who are laid off due to lack of work. All employees likewise shall give a week’s notice prior to intended resignation. It is mutually agreed that after termination notice has been given by either party, no new request for sick benefits shall be granted.
(C)) Employees laid off due to the store closing or reduction of employment shall be laid off by order of the most recent hired and shall be rehired in the reversed order of the layoff, with due consideration given job classification. Employees laid off and subse quently recalled within six (6) months will retain former seniority. Employer agrees to go beyond the seniority areas in the case of full time layoffs in distressed areas. However, Employer will decide what store to transfer the employee to. There shall be no bumping by seniority.
1. Full time employees to be laid off shall have option of part time employment, and shall be placed at the top of the part time seniority list. They shall have right of recall on any full time opening provided they can do the work.
2. Where practicable, Employer shall en ▇▇▇▇▇▇ to combine existing part time assign ments on a seniority basis, providing they can do the work, so long as they are able to do provide the available work in a satisfactory manner and have maximum part time employment per individual, within the proper qualificationsdefinition of part time employment, and, further, to create as many full time positions as possible.
3. Layoffs will become (D) The Employer recognizes the principle of seniority as being one in which the move ment of an employee from one job to another or from one location to another through pro motion, demotion, layoff, recall after layoff, or permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unittransfer, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority governed by the length of service of the employee, and in connection with such movement the Employer may take into consideration as to each em ployee involved his ability to perform the work and qualificationswork.
(E) Employees having more than one (1) year’s seniority on either the night or day shift shall have the right to request a trans fer to or from the night or day shift on an individual store basis.
(F) Employees on leave of absence, sick leave, or maternity leave shall retain their former standing on all seniority lists.
(G) The Employer agrees to advise the Union weekly on all increases, monthly on all terminations, and if an employee so promoted or transferred is will continue to advise the Union of newly hired employees as in the past, but not deemed qualified after later than thirty (30) days.
(H) Part time employees who desire to ob tain full time work shall request same in writing to Company Personnel Office and the ninety (90) day trial periodUnion. When full time openings occur, the employee will pref erence shall be placed back given to the position from which he/she came. Likewise, if part time em ployee in the position from which order of the employee left date the request was filled, that employee will return to his/her former position without recourse to received at the grievance procedure. It is agreed that if Personnel Office.
(I) Part time employees shall receive credit toward full time service based on a new hire was placed into a position which is being reclaimed, the Authority conversion ratio of two thousand eighty (2,080) part time hours equal one (1) year of full time work for wage rates only.
(J) Employer has the right to retain such discharge any employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unitfor good cause, including but not limited to dishonesty, intoxication during working hours, provided, however, that no employee will shall be able to return to his/her former position only within the ninety (90) day probationary period discharged or discriminated against because of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to membership in the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority datesor for Union activities.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. A. It is hereby agreed that the parties hereto recognize and accept the principle Section 1 There shall be two types of seniority seniority:
a) Departmental Seniority.
b) Classification Seniority
Section 2 Seniority shall prevail in all cases of transfers, promotions, matters concerning layoffs and recallsre-hiring. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a Any Member scheduled for layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held written notice within a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary reasonable period of time from when an intent to layoff is confirmed by the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It City provided there is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list minimum of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.written notice before involuntary termination. Qualified and available regular Members shall be reinstated before new Members are hired. Members subject to recall, as outlined herein, shall not forfeit their recall status if they refuse an offered position that is dissimilar in job classification or hours. The Member shall notify the Collective Bargaining Agreement Dover Municipal Employees Association FY12- FY14
H. During Section 4 the City of his/her intention to return to work within ten (10) calendar days of the City's notification to do so, and must return to work within fifteen (15) calendar days of notice, otherwise, he/she shall be considered permanently terminated from City employment. The obligation of the City to notify a former Member shall not exceed beyond three (3) years from the date of layoff, if with said Member being obligated to notify the Authority offers a full-timeCity of changes in address, laid-off employee within and written notice being given by mail by the unit a temporary “substitute” position, City to the employee accepting last known address shall be deemed proper notice. Departmental Seniority shall be considered in matters concerning promotion and transfers as set forth in ARTICLE VII of this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain Agreement. No Member shall have the right to fill replace another Member in any position by virtue of Departmental or Classification Seniority alone, except in the temporary “substitute” position with event of a nonunion worker permanent lack of work or layoff in any position. In no event shall a regular, part-time member have bumping rights over a regular, full-time member. Seniority for this purpose shall be determined by the duration length of the absence without union benefits.service at their current full-/part-time status. The following definitions shall be used when considering member bumping:
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. A. It is hereby agreed SENIORITY RATING
11.1 Seniority in the Local 1041 bargaining unit shall commence and accumulate from the point in time that an individual was appointed to a frontline foreperson's and/or frontline supervisor's position with the parties hereto recognize and accept the principle City of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affected▇▇▇▇▇▇▇▇ and/or any predecessor municipality.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back 11.2 Those Employees who are promoted or appointed to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time temporary position within the bargaining unit, he/she unit will accrue seniority within the bargaining unit for time served. Employees who are promoted or appointed to the same vacancy on a permanent basis through the posting process as set out in this agreement will have previous time served from the option aforementioned temporary assignments added to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumpedtheir seniority.
b. If 11.3 Employees with less than one-hundred and twenty (120) calendar days continued service with the employee who is being laid off has not previously held a full-time position within Employer, in the bargaining unit, he/she will be considered probationary. Such Employees shall attain seniority rights only after completion of such probationary period. Notwithstanding anything to the contrary contained in this Agreement, the Employer shall have exclusive right to discharge Employees within the option to bump first one-hundred and twenty (120) calendar days of their employment, and such discharge may not become the least senior employee in subject of any grievance under the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumpedprovisions of this Agreement.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid 11.4 Notwithstanding 11.1 above, for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, purposes of vacation entitlement an Employee's length of service shall commence and no Utility Worker employee is accumulate from the date on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she cameentered the service of the Employer.
11.5 The Employer agrees to compile quarterly, a seniority list showing the names of all Employees, each Employee’s number, the date of hire and the respective seniority dates. Likewise, if Copies of the position said listing shall be delivered to the Secretary of the Union and President.
11.6 Protests regarding seniority standing must be submitted by the Union in writing to the Director of Labour Relations within sixty (60) calendar days from which the employee left was filled, that employee will return to date seniority lists are posted. When proof of error is presented by an Employee or his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimedrepresentative, such error shall be corrected, and when so corrected, the Authority has agreed upon seniority date shall be final. No change shall be made in the right existing seniority status of any Employee unless concurred with by the Union. LOSS OF SENIORITY
11.7 Seniority will be lost and the employment relationship will be terminated if an Employee:
(i) Is dismissed for just cause
(ii) Voluntarily resigns in writing
(iii) Fails to retain such employee as report for work within a nonunion “substitute employee.”period of Seven (7) calendar days after receipt of written notice to return to work after layoff
E. If (iv) Is absent without leave
(v) Is laid off for a bargaining unit employee continuous period of twelve (12) months. Further, seniority will be lost if an Employee accepts a permanent position outside of the bargaining unit.
11.8 Upon the date of ratification of the Collective Agreement, that employee will seniority within CUPE 1041 shall be able to return to his/her former position only determined alphabetically by surname when two (2) or more Employees start date within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hireis the same.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. A. It is hereby agreed that 7:01 Seniority shall be assigned to the parties hereto recognize Owner Operators and accept the principle of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to drivers who perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affectedbargaining unit work.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee 7:02 Non Owner drivers who is being laid off has previously held a full-time position switch employers within the bargaining unitunit will forfeit their current seniority. Their new seniority will commence on the date of rehire.
7:03 In the event that a non Owner driver purchases the vehicle he is currently operating, he/she he will have retain his present seniority position.
7:04 The Employer shall keep posted on a suitable notice board a seniority list with the option name of the Owner Operator and driver, seniority number and the date of commencement. The list shall be updated at least every six (6) months. The Employer shall forward a copy of each posted list to bump the least senior employee in the classification the Union.
7:05 The Employer shall recall laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumpedOwner Operators and drivers in order of their seniority.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. 7:06 All full-time employees within the unit Owner Operators and drivers who are laid off will have shall retain their seniority for a period of twelve (12) months from the right date of lay off.
7:07 Within five (5) days of receipt of the Notice, the Owner Operator or driver shall report to bid on available positionswork unless permission is otherwise granted by the Employer. The Employer shall grant permission where reasonable, including where leaves of absence have been arranged prior to the receipt of Notice of Recall.
7:08 Where a leave of absence is granted an Owner Operator or driver shall have right upon expiry of the leave to be recalled to work in accordance with the Owner Operator's or driver's seniority even if it results in the bumping of a recalled junior Owner Operator or driver.
7:09 It will not be cause for discipline or discharge for an Owner Operator or driver to seek and/or accept gainful employment while on lay-off, however, the Employer must be notified under such circumstances.
7:10 Any Owner Operator or driver who has been laid off for any reason and who does not retain his membership in the Union will submit a request for bid for not retain his seniority with the laid off employeeEmployer unless the Owner Operator or driver restores his membership within fifteen (15) days of notice of dues or assessment of delinquency from the Union.
d. While under a layoff, if a Utility Worker position becomes available, 7:11 Owner Operators and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to drivers must perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a consecutive days of bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is work before being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union assigned a seniority list of employees by classification and by length of service with the Authority. The seniority list number which shall be posted given based on the bulletin boards and will show the employees’ names, classifications and seniority datesfirst day of work.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. A. It is hereby agreed that 16:01 An employee will be considered on probation and will not acquire seniority until the parties hereto recognize and accept employee has worked for a total of ninety (90) working days for the principle Employer, when their seniority shall commence from the date of last hiring.
16:02 The Employer agrees to observe the seniority of employees in all cases of connection with promotions, demotions, transfers, promotionslayoffs, layoffs and recalls, insofar as it is practicable to do so, providing their other qualifications are relatively equal. In all cases, however, ability Promotions to perform supervisory positions shall not be subject to the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affectedprovisions of this Agreement.
B. The seniority of 16:03 When an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off employee shall be have the first to be recalled in accordance with their seniority and their classification; provided the more senior option of displacing an employee is able to do the available work in a satisfactory manner, and provided that he/she lower classification providing the employee has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position more seniority in terms of service within the bargaining unit, he/she will have unit than the option to bump the least senior employee in the lower classification the laid off except for apprentices. It is understood that when an employee once held; provided that the laid off employee has more plant-wide seniority than exercises this option, the employee to shall be bumpedpaid the rate for the lower classification.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. 16:04 In the event of any layoffs a tie in seniority between two or reductions more employees, the Employer will interpret seniority standing for layoff purposes by ranking such employees by date of commencing work as a Temporary Journeyman Electrician/Control Technician immediately prior to the date of last hiring. In the event that this ranking also produces a tie in forceseniority between two or more employees, all the Employer will then interpret seniority standing for layoff purposes by ranking such employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker IIin alphabetical order.
2. Stewards 16:05 A seniority list by classification will be prepared and forwarded to the Union office on or about the 30th day of November during the term of this Agreement.
16:06 An apprentice shall not acquire seniority until the employee has successfully completed the apprenticeship programme and has continued employment with the Employer, at which time the employee shall be deemed to have top credited with seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back retroactive to the position from which he/she came. Likewise, if the position from date on which the employee left was filledinitially employed as an apprentice. All other rights and privileges under the Collective Agreement with the exception of Articles 15:01, that employee will return 16:01 16:02, 16:03, 33:01, and 36:01 shall apply to his/her former apprentice Electricians.
16:07 Employees who continue to be employed by the Employer in an acting position without recourse outside the bargaining until shall, subject to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside approval of the bargaining unitUnion, that employee will be able continue to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a acquire seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefitsacting appointment. The employee may return to their normal duties at any time upon request. In the event of a layoff of an employee with greater seniority than that of the seniority held by the employee in the acting position, the employee in the acting position shall be considered to be laid off in the bargaining unit. An acting position shall be defined as a period not to exceed one year. This period may be extended by mutual agreement to a maximum of one (1) additional year.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. A. It is hereby agreed that 9.01 A person employed within the parties hereto recognize bargaining unit described in Article 2 of this Agreement will be on probation until he/she has worked five hundred and accept forty (540) hours in any period of twelve (12) consecutive months. Upon completion of the principle probationary period, the employee will, if retained in the employ of the Employer, acquire seniority. The employee’s seniority in all cases date will be the employee’s last date of transfers, promotions, layoffs and recallshire. In all casesthe event that two (2) or more employees are hired on the same date, however, ability to perform the work in a satisfactory manner and qualifications numbers will be a factor in designating drawn to determine higher seniority. For the purpose of this Article, hours worked will include holidays, and mandatory meetings called by the Employer. However, if the employee is required to be affectedwork on a holiday, or on overtime, only the hours worked will count, not the hours compensated.
B. 9.02 The Employer will maintain and post an updated plant-wide seniority list. Such lists will show employee’s job classifications. Copies of an such lists will be provided to the Plant Chairperson as requested.
9.03 The appointment, selection, or promotion of any employee to a classification or position who is defined as not subject to this Agreement, is not covered by this Agreement. A seniority employee who is appointed, selected or promoted to a classification or position which is not subject to this Agreement, may, at the length option of continuous uninterrupted service as an Authority employee dating the Employer, within three (3) calendar months of his/her appointment, selection, or promotion, be transferred back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unitunit described in Article 2 of this Agreement without loss of seniority or benefits. No employee will be permitted or allowed to exercise this option, he/she nor will have the Employer be allowed to exercise this option with respect to bump any employee more than once during the least senior employee in employee’s employment with the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee Employer. Any employees affected by such transfer will be transferred as necessary to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within accommodate such return to the bargaining unit.
9.04 Seniority will be lost and employment will be terminated if an employee:
a) quits, he/she will have resigns or retires;
b) is discharged and such discharge is not reversed through the option grievance or arbitration process;
c) fails to bump return to work or fails to notify the least senior Employer of his absence from work for two (2) consecutive scheduled shifts without supplying a reason satisfactory to the Employer for such failure, subject to the Arbitrator’s test of reasonableness;
d) is laid off and not recalled for a period of twenty-four (24) months, or sooner if the employee in elects to receive termination and/or severance pay pursuant to the Utility Worker classification Employment Standards Act prior to the expiration of twelve (12) months;
e) having been laid off, fails to report for work within two (2) consecutive scheduled shifts after recall by the Employer provided that the laid off employee notice of recall which has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights been sent to the Utility Worker position regardless employee by registered mail at his address on the records of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, Employer shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall conclusively be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if been received by the employee is not recalled on the second day after two it was mailed;
f) fails to report to work following the expiry of a leave of absence (2including pregnancy and/or parental leave) years granted by the Employer without notifying the Employer and severance pay will be issued at this time.
D. For promotions without supplying a reason satisfactory to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations Employer for such promotions or transfers shall be based upon seniority and ability to perform the work and qualificationsfailure, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back subject to the position Arbitrator’s test of reasonableness;
g) engages in gainful employment while on leave of absence from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return Employer;
h) leaves work prior to his/her former position quitting time without recourse obtaining a leave of absence or without obtaining the permission of a supervisor, which permission shall not be unreasonably withheld; or
i) If an employee requests and accepts termination pay or severance pay prior to the grievance procedure. It is agreed that if a new hire was placed into a position which is recall rights being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employeeexhausted.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. A. It is hereby agreed that (a) Upon completion of the parties hereto recognize and accept the principle of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessaryprobationary period, the last person hired in a job classification affected employee’s seniority for all purposes shall be the first one day worked as a probationary employee. Seniority shall be broken only by discharge, voluntary quit, normal retirement, or more than a two (2) year layoff, or leave, except for employees on workers compensation leave who shall not suffer a break in seniority unless on leave for more than three (3) years.
(b) A list of employees arranged in the order of their seniority shall be posted on the Union bulletin board no less often than once every six (6) months. A copy of the seniority posting shall be sent to the Local Union.
(c) Any controversy over the seniority standing of any employee on the seniority list shall be laid offsubject to the grievance procedure. An employee shall have thirty (30) days to protest his placement on the seniority list once it is first posted. If there is no written protest within this thirty (30) day period, the employee shall not have a right to challenge his placement on the list thereafter.
(d) For full-time employees there shall be two seniority lists, “local cartage” and “over-the- road.” There shall also be a separate “casual local cartage” seniority list. Employees in the following classifications shall be included on the local cartage seniority list: all truck drivers, helpers, dock workers, jockeys, and such other employees as may be presently or hereafter represented by the last person Union, engaged in local pickup, delivery, and assembling of freight. The “over-the-road” seniority list shall include all over-the-road drivers whose primary job is to transport freight between the Employer’s facilities. Nothing within this paragraph shall preclude the Company from requesting a road driver to make extra stops to pick up or deliver freight in connection with his regular run or performing other local cartage work as the Company may assign. It is not the intent of the Company that this provision be utilized to diminish cartage employees’ work.
(e) The Company shall offer extra city or dock work to road employees who are on layoff and who are qualified and immediately available for city or dock work prior to using casual employees, except where there is a mutually agreed procedure to the contrary. No road employee shall gain “local cartage” seniority under this provision, but he/she shall accrue Company seniority.
(f) The following shall apply to casual employees:
(i) The date an employee is hired as a casual will be the casual seniority date.
(ii) A casual employees laid off due to lack of work for less than one year will retain his/her casual seniority. Company and job classification seniority shall be lost due to discharge, voluntary quit or retirement.
(iii) The date of a casual employee obtains full-time employment shall be the first to be recalled in accordance with their employee’s regular seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualificationsdate.
a. (iv) A casual employee whose layoff exceeds one (1) year shall be considered to have been terminated and shall lose seniority, but may reapply for employment.
(v) A full-time employee’s seniority shall prevail over a casual employee’s seniority in case of layoff.
(vi) If an employee who is being laid off has previously held a full-time position within the bargaining unitis available for bid, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who and is being laid off has not previously held bid upon by a qualified regular full-time employee, the casual employee with the most seniority who bids on the position within will be awarded the bargaining unit, he/position if he or she meets the minimum qualifications of the position.
(vii) Casual employees will have the option to bump the least senior employee in the Utility Worker classification provided that the be laid off employee has more plant- wide seniority than the Utility Worker being bumpedand recalled to their job classification in accordance with Section 2 below.
c. All (viii) Casual employees hired prior to September 1, 2006 who possess a CDL shall become full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at years. If the employee does not possess the CDL by January 1, 2009, this time.
D. For promotions to provision shall no longer apply. When a higher position casual or transfers to other positions within combinations of casuals works the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations same shift for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the eight (8) continuous hours forty-five (45) days in ninety (90) day trial periodconsecutive calendar days, other than as a temporary replacement for an employee on vacation or leave of absence, the employee Company shall create a fulltime position that it may classify, at its discretion, as a full time dock with CDL or full time dock only; pay will be placed back in accordance with Article 26.
(g) In developing the initial Local Cartage seniority list referenced above, the Company shall use the employee’s Company seniority date unless a particular employee transferred into his current service center from another service center. In such event, the employee’s transfer date to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of current service with the Authority. The seniority list center shall be posted on used to develop the bulletin boards and will show the employees’ names, classifications and seniority dateslist.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: National Master Ups Freight Agreement, National Master Ups Freight Agreement
SENIORITY. A. It SECTION 1. Seniority under this Agreement shall be computed from the employee’s most recent day of hire. Seniority of those employees who start to work on the same day shall be determined by their employee identification number. Employees hired prior to 3/3/2008 will still use their last four (4) numbers of their Social Security Number for determining seniority order when their hire date is hereby the same. The employee hire date will become the anniversary date for pay progression step increases. The Employer retains the right to restrict the movement of personnel for an additional ninety (90) days after the probationary period in order to insure an equitable distribution of new employees on each shift and other legitimate business consideration. All openings for team and shift will be posted for minimum of ten (10) calendar days, at this time, all interested officers will turn in their names to the Security Operations Supervisor (SOS) and the SOS will forward a copy of this list to the Union President. For all bargaining member positions, the senior officer will be awarded the position. All shift and team assignments will be posted unless the Employer and the Union agree to a change, to include Echo team. The Employer may not move employees from one shift to another without posting unless an emergency or temporary staffing condition(s) exist, but no more than ninety (90) days unless agreed that the parties hereto recognize and accept the principle of to by both parties.
SECTION 2. An employee promoted to a Supervisory position shall not retain their seniority in all cases of transfersthe event he/she is returned to the bargaining unit.
SECTION 3. An employee who voluntarily resigns or retires and decides at a later date that he/she wishes to return, promotionsthe following conditions will exist. If the Employer decides to rehire the individual and forty-five (45) days have not passed since their last workday, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating then the employee will retain their previous seniority provided they re-establish good standing in the Union and International for the period of non-employment with the Employer. If the Employer decides to be affected.
B. The rehire the individual and it has been longer than forty- five (45) days since their last workday, then the employee shall not retain their previous seniority, seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last will begin with their new date of hire.
C. The parties hereto SECTION 4. Layoffs and recalls shall recognize be based upon an employee’s seniority, and qualifications to perform the principle necessary duties of plantthe position. Laid-wide off employees shall have callback rights for a period of twelve (12) months, or length of employment, whichever is less, and shall retain their accumulated seniority as follows:
1of the date of layoff. When the Authority determines that a layoff or rehiring is necessaryIn case of re-employment, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid employee’s who have been laid-off shall be the first notified, at their last known address, in order of Employer seniority to be recalled in accordance with their seniority and their classification; provided the more senior employee is able report to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positionswork. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff notice will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. by certified mail return receipt. In the event a former employee so notified fails to report to work within five (5) days after receipt of any layoffs or reductions in forcesuch notice, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards his seniority shall be deemed to have top seniority for the purpose of this Section (C)terminated; however, so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years prevented from reporting because of sickness or emergency involving the employee or immediate family, or other legitimate reason, and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions so notifies the Employer within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.five
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. A. It is hereby agreed SECTION 1 Any new employee will be considered to be a probationary employee until he or she has been placed on a "permanent assignment" (Article IV, Section 5) for thirty (30) working days, and during the probationary period he or she will not be entitled to any seniority. At the end of the probationary period, seniority date will revert back to the date of hire at Fremont Public Schools as a School Bus Driver. During the probationary period, the employer may suspend, transfer or discharge the new employee for any reason whatsoever and no claim will be made by him or her or by the Union that the parties hereto recognize action was improper.
SECTION 2 The School agrees to furnish the Union with a seniority list within ten (10) days after the signing of this Agreement and accept furnish a list every three (3) months thereafter, the names of employees hired during the interim. Identical hiring dates will be entered alphabetically.
a. In the case of lay-off, recall from lay-off, job bidding, special trips or promotion, the principle of seniority shall prevail, all other things being relatively equal.
b. In the case of lay-off or reduction in all cases routes the chief ▇▇▇▇▇▇▇ and assistant ▇▇▇▇▇▇▇, providing they have 4 years seniority, shall have super seniority.
c. If a partial run is abandoned/discontinued, the driver of transfersthat abandoned/discontinued route will have the ability to bump to the lowest seniority driver with a complete/full run, promotions, layoffs and recalls(AM & PM). In all casesthe case that a complete/full run is being abandoned/discontinued, however, the driver will have the ability to perform bump the work in lowest seniority driver with a satisfactory manner and qualifications complete/full run. Any runs that are abandoned will be a factor in designating discussed by the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to hiscommittee before they are abandoned/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualificationsdiscontinued.
a. If an employee who All notices of recall shall be by telephone or mail, whichever is being laid most convenient to the School. As for employees in a lay-off has previously held a full-time position within status, the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the failure of any employee to inform the School of his or her availability to return to work within five (5) days after receiving such notice shall be bumpeddeemed a waiver of any rights under this Agreement.
b. If a. A.M./P.M., A.M., P.M. & ▇▇▇▇. ED. ROUTES. - These routes are "permanent assignments" which continue from year to year. As it becomes necessary to assign a bus driver to a route due to the employee who is being laid off has not previously held formation of new routes, or due to the termination of a full-time position within the bargaining unitdriver, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request such route openings shall be posted for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes availableminimum of three (3) working days, and no Utility Worker among those applying the most senior employee is on layoff, shall be assigned to the Authority will not bid route. Subsequent vacancies created by the position. Other employees who are on layoff bidding procedure will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions filled in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service accord with the Authority. The seniority list shall be posted on of drivers who inform the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right transportation supervisor that they want to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefitssuch vacancies.
Appears in 2 contracts
Sources: Bus Drivers Contract, Employment Agreement
SENIORITY. A. It is hereby agreed that the parties hereto recognize and accept the principle of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will 3.1 A new employee shall not be a factor in designating the employee to be affected.
B. The seniority of an employee is defined regarded as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that permanently employed until he/she has completed sixty-five (65) working days cumulative service. In the proper qualifications.
a. If an meantime, unless removed for cause which, in the opinion of the Company renders him/her undesirable for its service, the employee who is being laid off has previously held a full-time position within shall accumulate seniority from the bargaining unit, date he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to entered service and shall be bumped.
b. If the employee who is being laid off has not previously held a full-time position regarded as coming within the bargaining unitterms of this Agreement. When a new employee is hired, he/she the Company will have supply the option to bump the least senior Union with name, employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes availablenumber, and no Utility Worker employee is on layoff, date of hire of the Authority will not bid the position. Other employees who are on layoff employee
3.2 The seniority list will be afforded recall rights open for investigation and copies shall be furnished by the Company to the Utility Worker position regardless of classification, based on their plant seniority.
e. In local committee and the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the AuthorityUnit Chairperson concerned. The seniority list shall be compiled and posted in January of each year, and shall be open for correction for a period of 60 calendar days after being posted. If exceptions are taken or requests made for corrections, same must be made in writing to the immediate officer in charge, with copy to Union representative and the Unit Chairperson concerned, within the 60-day limit prescribed within this Article. If no exceptions are taken to a seniority list date within the 60-day limit after it is first posted, the date shall be established as correct and not changed thereafter, except by mutual agreement between the Local
3.3 An employee’s seniority shall date from the time entering the service in a position covered by this Agreement.
3.4 An employee holding seniority under this Agreement and who is presently filling an official or any position with the Railway which is excepted from any provision of this or any other Collective Agreement, will have his/her name continued on the bulletin boards seniority list and will show retain seniority rights and continue to accumulate seniority while so employed. The Unit Chairperson shall be advised. Effective (on the employees’ namesdate of signing memorandum of agreement), classifications and employees accepting a permanent position not covered by this collective agreement shall have his/her seniority dates.
G. The Authority shall notify "temporarily suspended" until such time as he/she returns to the Union of all newly-hired bargaining unit. In such event, only the seniority accumulated while in the bargaining unit employees within thirty (30) days after hireshall be taken into consideration when exercising seniority as provided in this or any other Rule.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. A. It is hereby agreed that (a) There shall be two seniority lists. The first list shall rank drivers by their overall seniority driving under the Blue Line Taxi roof sign and the second list shall rank drivers by their seniority with the individual Member of the Owners Group.
(b) The Owners Group shall formulate both seniority lists and have copies of said lists posted where accessible to the drivers within ninety (90) days of the signing of this agreement. The drivers will then have sixty (60) days to verify their status on said lists and to provide all information in writing regarding any discrepancies to the Union.
(c) Both parties hereto recognize then have ninety (90) days, from the end of the period outlined in article 16.01(b), to confirm and accept approve the principle seniority lists. Once this has been completed these seniority lists shall be final and no changes will be made by either party.
(d) Once annually thereafter, the Owners Group shall post the seniority lists and only new drivers and drivers whose seniority appearing on the previous posted list(s) has changed are entitled to challenge their seniority.
16.02 Seniority shall be applied in the following manner:
(a) For Rental Drivers defined as drivers who rent a taxicab from a Member of the Owners Group on a twelve (12) or twenty-four (24) hour shift basis;
(1) Overall seniority in all cases under the Blue Line Taxi roof sign shall determine:
(i) length of transfers, promotions, layoffs time-off;
(ii) preference for time-off;
(iii) bidding on job opening for shifts with any Member of the Owners Group.
(2) Seniority with the individual Member of the Owners Group shall determine:
(i) lay-off;
(ii) recall from lay-off;
(iii) priority on available shifts (12 or 24 hours);
(iv) priority for issuance of leases to drivers currently on rental vehicles;
(v) priority for the purchase of taxi plate currently on rental vehicles.
(b) For Single Plate Owners and recallsSingle Plate Lessees
(1) Overall seniority under the Blue Line Taxi roof sign shall determine:
(i) length of time-off. In all cases, however, ability to perform other cases seniority with the work in individual Member of the Owners Group shall determine issues where a satisfactory manner and qualifications will be a factor in designating the employee to be affectedchoice between two drivers is required.
B. The 16.03 In the event of a tie in overall seniority under the Blue Line Taxi roof sign, then seniority for the individual Member of an the Owners Group prevails and if still tied the municipal records shall resolve the tie based on the date the drivers were first licensed.
16.04 A newly hired employee is defined as shall be required to present to the length Member of continuous uninterrupted service as an Authority employee dating back the Owners Group all relevant documentation prior to his/her last commencing employment, namely:
(i) Valid Ontario or Quebec provincial driver's license; with a current provincial driving record with no more than six (6) demerit points at such time, and if applicable, has been pardoned for any prior conviction for impaired driving;
(ii) Applicable Taxi Driver's License;
(iii) Work permit, if applicable;
(iv) Proof of Union membership;
(v) Original copy of a driver's abstract dated within one (1) week of the date of hirethe application for employment;
(vi) Social Insurance Number/card or verification from appropriate Federal Government department of such number;
(vii) Letter from previous or present insurer (where possible);
(viii) Letter from previous or present employer;
(ix) A Police Criminal check (Form 306), no older than twenty-eight (28) days. The parties agree to appoint a joint committee consisting of up to two (2) representatives from the Union and two (2) representatives from the Company. This committee shall meet when necessary to discuss any unclear Police Criminal Record provided by new hires;
(x) Training as set out in article 4.12.
C. The parties hereto shall recognize (xi) HST registration number
(xii) Radio License (renewal).
(a) Drivers employed by any individual Member of the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessaryOwners Group, the last person hired in a job classification affected shall be the first one to be laid off, and the last person when laid off shall be placed on the first to be recalled recall list in order of their seniority with the individual Member of the Owners Group. Laid off lessees shall have priority on this list.
(b) The Owners Group shall recall laid off employees in accordance with their seniority the list outlined in 16.05 (a) and their classification; provided the more senior employee is able Union should receive an updated copy of said list. Should the Company be unable to do notify the available work in a satisfactory mannerdriver(s) on the list, and provided that he/she has the proper qualificationsUnion should be afforded twenty-four (24) hours from such notification to advise the driver(s) to report forthwith, failing which the Company shall contact the next driver(s) on the list.
a. If an employee who is being laid (c) Drivers on lay off has previously held should provide a full-time position within telephone number where they could be reached and notify the bargaining unit, he/she will have Company and the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumpedUnion of any changes.
b. If 16.06 A driver injured or ill should notify the employee who is being laid off has not previously held a full-time position individual member of the Owners Group and the Union within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years weeks of his absence and severance pay will be issued at this time.
D. For promotions should arrange to provide a higher position detailed medical certificate as evidence of injury or transfers illness and an estimated time of return signed by a doctor in order to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if preserve his seniority. Only an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position returning from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside an absence of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.eighteen
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. A. It is hereby agreed that the parties hereto recognize and accept the principle of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications 16.01 An employee will be considered on probation and will not be subject to the seniority provisions of this Collective Agreement, nor shall her name be placed on the seniority list until after she has completed eighty-four (84) calendar days of work with the Gallery. Upon completion of such probationary period, the employee's name shall be placed on the appropriate seniority list with seniority dating from the date she was last hired by the Gallery. The dismissal of a factor in designating probationary employee shall not be the employee to be affectedsubject of a grievance.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee 16.02 Employees who is being laid off has previously held hold both a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a fulland part-time position within with the bargaining unit, he/she Gallery must complete the appropriate probationary period for each position.
16.03 Seniority will have the option to bump the least senior employee be maintained but shall not accumulate during leaves of absence without pay in excess of six (6) months. Seniority will be maintained and accumulate in the Utility Worker classification provided that case of paid leaves, such as Pregnancy/Parental leave, Short- term Disability, Workplace Safety and Insurance Board (WSIB) and during the laid off employee has more plant- wide seniority than period the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoffapproved Long-term Disability.
16.04 Seniority lists shall be revised every six (6) calendar months (January 1st and July 1st), by the Authority will not bid Staff and Volunteer Resources Division. A copy of the position. Other employees who are on layoff will list shall be afforded recall rights provided to the Utility Worker Union Local President and posted on the designated bulletin boards throughout the Gallery. It is also agreed and understood that each list shall remain posted for a period of twelve (12) months. If an employee does not challenge the position regardless of classificationher name on the seniority list within the first (1st) fourteen (14) calendar days from the date her name first appears on a seniority list, based on their plant seniority.
e. In provided she is at work when the event of any layoffs or reductions in forcelist is posted, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards then she shall be deemed to have top proper seniority for standing. In the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if event the employee is not recalled at work when the list is posted, she must object to her seniority standing within fourteen (14) calendar days from the date she returns to work.
16.05 A person shall lose all seniority and shall be conclusively deemed to have terminated employment with the Gallery if she:
(a) voluntarily quits the employ of the Gallery; or
(b) is discharged and such discharge is not reversed through the Grievance Procedure; or
(c) fails to report to work within seven (7) calendar days after two being notified by the Gallery to report for work, unless a satisfactory reason is given; or
(2d) years is absent for three (3) consecutive working days unless a satisfactory reason is given; or
(e) fails to return to work upon the termination of an authorized leave of absence unless a satisfactory reason is given or utilizes a leave of absence for purposes other than those for which the leave of absence was granted, unless a satisfactory reason is given; or
(f) is absent due to layoff of more than six (6) months in the case of employees with seniority of less than six (6) months; or
(g) is absent due to layoff of more than twelve (12) months in the case of employees with seniority of more than six (6) months but less than three (3) years; or
(h) is absent due to layoff of more than eighteen (18) months in the case of employees with seniority of more than three (3) years; or
(i) is absent due to layoff of more than twenty-four (24) months in the case of employees with seniority of more than five (5) years.
16.06 It shall be a condition of employment that employees provide the Gallery with their current address and severance pay telephone number and further shall notify the Gallery in writing of any change of address or telephone number. The Gallery shall be entitled to rely upon the last address and telephone number furnished by the employee for all purposes.
16.07 When a full-time employee is transferred from the full-time bargaining unit to a regular part-time position in the part-time bargaining unit, such employee will maintain her seniority accumulated as of the date of the transfer. Such seniority will be issued at this time.
D. For promotions exercisable only in the full-time bargaining unit should such employee return to a higher position or transfers to other positions within that unit. While in the part-time bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon employee will accumulate seniority and ability to perform in accordance with Article 3 - Seniority of the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, Part-time Collective Agreement. Should the employee will be placed back return to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the full-time bargaining unit, that employee her seniority in the full-time unit will be able to return to his/her former position only within that accumulated at the ninety (90) day probationary period time of transfer into the part-time unit plus the seniority accumulated in the part-time unit in accordance with Article 3.08 - Seniority of the new job. LikewisePart-time Collective Agreement.
(a) When a part-time employee is transferred to a regular full-time position in the full-time bargaining unit, if her service and seniority in the position which the employee left was filled, that employee will return to his/her former position without recourse part-time bargaining unit shall be transferred to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare full-time bargaining unit and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted converted on the bulletin boards and will show the employees’ namesbasis of one (1) year equals one thousand, classifications and seniority dateseight hundred (1,800) hours.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30b) days after hire.
H. During a layoff, if the Authority offers When a full-timetime employee is transferred to a regular part-time position in the part-time bargaining unit, laidher service and seniority in the full-off employee within time bargaining unit shall be transferred to the part-time bargaining unit and converted on the basis of one (1) year equals one thousand, two hundred (1,200) hours.
(c) When a temporary “substitute” positionfull-time position is filled by a part-time employee, the employee accepting this position will remain her hours worked in the union temporary full-time position shall be applied to her service and will receive seniority in the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker part-time bargaining unit for the duration of the absence without union benefits.assignment or until the employee is hired and transferred to a regular full- time position as per Article 16.07
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. A. It is hereby agreed that 11.1 Seniority shall be established and maintained for all employees in the parties hereto recognize and accept the principle of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications Bargaining Unit as determined within this agreement
11.2 Employees will be a factor in designating regarded as probationary during the employee to be affectedfirst six (6) months of continuous employment.
B. The seniority 11.3 Upon successful completion of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial probationary period, the an employee will be placed back credited with seniority retroactive to the position from which he/she came. Likewise, if employee's first day worked under the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new terms of this agreement or date of hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee where established as a nonunion “substitute employee.”
E. If a bargaining unit employee prior to the effective date of this agreement.
11.4 The Seniority list will be revised every three (3) months and posted on designated plant bulletin boards and a copy of the seniority list will be forwarded to the union office.
11.5 For employees who have the same date of hire, their seniority ranking will be determined by way of a draw conducted in the presence of a union representative.
11.6 A bargaining unit employee who accepts a position outside of the bargaining unit, that unit on a permanent basis and who maintains the payment of the equivalent of Union dues shall maintain but not accumulate seniority for a period of up to twelve (12) consecutive months. Should the employee will be able wish to return to his/her former previous classification prior to the end of the twelve (12) months or should the Company wish to return the employee to his/her previous classification, the employee may exercise seniority to bump a junior employee as per article 15 of the Collective Agreement or accept a vacancy based on his/her seniority. Further, providing there is a vacancy and if the Company allows the employee to return after twelve (12) consecutive months, the employee shall continue with all his/her benefits as entitled under the unbroken service criteria, however, his/her seniority date shall be his/her re-entry date into the bargaining unit. Any exceptions must be agreed to between the parties.
11.7 A bargaining unit employee may accept a position only within outside of the ninety (90) day probationary bargaining unit on a temporary basis for a period of the new jobup to twelve (12) consecutive months. LikewiseDuring such temporary assignment, if the position which the employee left was filledshall maintain the payment of dues and accumulate seniority. At the end of the temporary assignment, that the employee will shall return to his/her former position without recourse previous permanent position. Any exceptions must be agreed to between the grievance procedureparties.
11.8 A classification seniority date shall be established as seniority held as of the effective date of this Agreement and thereafter the date of entry into the classification. It is agreed that if a new hire was placed into a position which is being reclaimed, The classification seniority shall be used for vacation selection and job postings within the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority same classification. Filling of required positions on recognized holidays shall prepare and forward to the Union a seniority list of employees be by classification and by length of service with the Authority. The seniority list shall be posted shift, on the bulletin boards and will show the employees’ names, classifications and seniority datesa rotating basis.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. A. It is hereby agreed that the parties hereto recognize and accept the principle of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability Each Employee shall be considered to perform the work in a satisfactory manner and qualifications will be a factor in designating probationary Employee for the employee first sixty (60) calendar days. Probationary Employees may be dismissed or otherwise terminated by the employer and dismissal or termination shall not be subject to be affected.
B. The seniority the grievance and/or arbitration provisions of an employee this Agreement. Seniority is defined for the purpose of the Agreement as the length of continuous uninterrupted service as an Authority employee dating back to his/her last of any Employee with the Employer after successful completion of the probationary period, after which date of hire.
C. The parties hereto the Employee shall recognize have seniority from the principle of plant-wide seniority as follows:
1first day worked. When several Employees have the Authority determines that same seniority date, they shall rank among themselves on the seniority roster in the order in which their Employee numbers were assigned. Clock numbers shall be assigned on a layoff or rehiring is necessaryfirst day worked basis. When two Employees are assigned a clock number on the same, seniority shall be assigned in alphabetical order by first letter of the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their name. A seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff roster will be afforded recall rights numbered and posted on all bulletin boards. A copy of such will be sent to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the AuthorityUnion. The seniority list roster shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union challengeable for a period of all newly-hired bargaining unit employees within thirty (30) days after hireposting are made available. Where a seniority date has existed on a previously posted roster, it is challengeable only if the names, dates of roster positions rate incorrectly transferred from one list to the other. This shall apply to shift or job change only. There shall be no time limit in the result of a lay-off. Seniority among full-time Employees will be based on their length of service in the full-time classification. All seniority rights for Employees shall be lost if any of the following occur:
1. Resignation of the Employee;
2. Discharge of any Employee for just cause;
3. Absence for three (3) successive assigned workdays without permission or without proper notification to the Superintendent or designee, unless prevented from doing so by serious accident or an Act of God. A telephone call will be considered proper notification provided that the call is placed to the Superintendent or Director of Transportation or his/her designee.
H. During 4. Not returning from a layoff, if the Authority offers Leave of Absence as scheduled.
5. Not returning to work after a full-time, laidlay-off employee within fifteen (15) days after mailing of a notice to report by the unit a temporary “substitute” position, School District by registered mail to the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits last address of the afforded jobEmployee as it appears on the records. A copy of the letter will be sent to the Union.
I. If 6. Lay-off in excess of twelve (12) months or period of active employment whichever is less. The below listed, but not limited to the Authority is not within a layoff periodsame, or if call backs are refusedshall constitute just cause for discharge. However, such action may be subject to the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration grievance and arbitration procedures of this Agreement.
(i) A dischargeable offense of the absence without union benefitsDistrict Drug and Alcohol Policy.
(ii) Proven Theft;
(iii) Improper use of communication equipment;
(iv) Inciting an illegal slowdown or work stoppage;
(v) Physical assault;
(vi) Any act of vandalism and/or abuse of employer property; The Treasurer of the Union will be notified with the names and addresses and date of employment of all new Employees as they are hired and of any major change in their employment status. In the event of a lay-off, Employees with the least seniority shall be laid off first. Recall shall be in inverse order of lay-off provided the Employees recalled are qualified to efficiently perform all available work.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. A. It is hereby agreed that (a) Upon completion of sixty (60) days worked, employees covered by this Appendix shall be deemed to have served their probationary period and then shall be placed on the parties hereto recognize seniority list of part-time employees with their seniority date being established as their first day worked.
(b) Employees shall obtain seniority on a store basis. The seniority list for part- time employees shall be posted in each store and accept shall be updated at the principle end of seniority in all cases March, June, September, December of transferseach calendar year.
(a) Seniority shall begin after the employee's probationary period has been served. Lay-offs and re-employment shall be based on seniority, promotions, layoffs and recalls. In all cases, howeveravailability, ability and qualifications to perform the work in work. Where a satisfactory manner and qualifications part-time employee who becomes a full-time employee they will be required to serve the full-time probationary period and will be given a factor seniority credit of fifty (50%) percent of their part-time seniority up to a maximum of twelve (12) months and they will be given the greater of their part-time rate or the rate which their full- time seniority credit gives them and they shall proceed from that point in designating the full-time wage progression. For clarity, the Full time seniority credit shall not exceed the 12 months point of the full time wage progression and employees will be required to accrue the necessary full time service to advance on the progression. If for some reason the employee reverts to part- time during the probationary period there will be affected.
B. no loss of seniority. The seniority rights of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be terminated after six (6) months following lay-off due to lack of work. In the first one event of an opening occurring in the full-time staff, employees covered under this Appendix shall receive preference for such full-time position providing they have the necessary seniority, ability and qualifications to be laid off, and perform the last person laid off shall be the first work. It is understood that any part-time employee promoted to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option who does not successfully complete such probationary period shall be entitled to bump the least senior revert back to their part-time position with no loss of seniority or any other part- time rights under this collective agreement. It is also understood that any part-time employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee promoted to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option prior to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All fullcompleting their part-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards probationary period shall be deemed to have top seniority completed such probationary period. It is understood that termination from full-time employment for the purpose cause (except reasons related to full-time probationary competency) shall not result in reversion to part-time employment. Part time employees promoted to full time shall be entitled to unpaid vacation time based on their combined part time and full time service. The portion of this Section their vacation to be with pay shall continue to be determined based on full time service.
(C), so long as they b) Part-time employees are able expected to do the available attend work in a satisfactory manner and have accordance with their schedule of hours. When unable to attend, the proper qualificationsemployee must notify the Owner, or designate prior to his scheduled starting time, giving the reason why he is unable to attend.
3. Layoffs will become permanent if the employee is not recalled after two (2a) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers The weekly schedule of hours of work shall be based upon seniority allotted according to seniority, by store, providing the senior employee(s) has the necessary ability and ability qualifications to perform the work and qualificationsis available. For clarity, it is understood that an employee will normally be scheduled in one area of the store only, unless a different arrangement is worked out between the Owner and the employee. The area of the store in which an employee is normally scheduled may be changed on a permanent or semi-permanent basis by mutual agreement between the Owner and the employee. For clarity the Owner will schedule part time hours so that the senior part time employee(s) will have the opportunity to work a weekly schedule of hours that may be up to twenty-four (24), but in no event less than a junior part time employee(s), provided they have the necessary ability and qualifications to perform the work and are available. In the event of hours of work becoming available, within a given week, beyond the schedule of hours for that given week, due to approved absences, sickness, compensation, bereavement and/or an unanticipated increase in business; the Owner will call the most senior part time employee not scheduled that day provided the employee is available and has the qualifications to perform the available work.
(b) Notwithstanding article 2.03 (a), part time cashiers with four (4) years of service, or more, may make a request to be transferred to another area of the store and shall be provided customary part time new hire training. Upon such transfer employees will maintain their seniority and rate of pay and shall be required to serve a probationary period of sixty (60) days worked in their new scheduling area. In the event an employee does not successfully complete the probationary period they will be returned to their previous role on the front end with no loss of seniority or rate of pay. Employees may also elect to return to the front end during their probationary period with no loss of seniority or rate of pay. Once transferred, employees will be scheduled and eligible for call-ins in the new scheduling area of the store. For clarity, employees who do not successfully complete their probation in another area of the store will be deemed not to have gained ability and qualifications in that area of the store. Such transfers shall be limited to two (2) cashiers per store per six (6) month period. Individual cashiers may make one request during the term of the Collective Agreement.
(c) The assignment of hours as set out in 2.03 (a) will result in the schedule of daily hours being posted not later than Friday at 9:00 a.m. of the previous week. Store Stewards will be permitted to review employee requests for time off weekly. The store ▇▇▇▇▇▇▇ will be given a copy of work schedules. Employee's meal periods will be based on the commencement of their shift. The weekly schedule of hours shall be totaled for every employee on every schedule.
2.04 It is agreed and recognized by both the Union and the Employer that due to the nature of the Employer's business, it may be necessary to employ both full-time and part-time employees. The Employer agrees that part-time employees will not be scheduled to work in excess of twenty-four (24) hours per week, except in the following circumstances: -
a) when a full-time employee is absent on Union duties;
b) in a store in which a full time employee is absent due to illness, accident, compensation or bereavement or an emergency (power failure, snow storm, refrigerator breakdown, etc.) in the said store;
c) to cover off for vacations;
d) where an employee is on a leave of absence provided the Union is notified of such leave of absence;
e) from the week of December 1st to the week of January 1st;
f) during the months of May 1st through September 1st in resort areas which would include ▇▇▇▇ Sound, Orillia, Brockville, Leamington, Port ▇▇▇▇▇▇▇▇▇, Peterborough, Picton, Sutton, North Bay, Campbellford, Belleville, Parry Sound, Brighton, Bancroft, Gananoque, Shelburne, Fort Erie, Grand Bend, Kenora, Port Dover, and if an Innisfill and any other resort/vacation area where a store may open during the lifetime of this Agreement;
g) for the two (2) weeks previous to and eight (8) weeks directly following the opening of a new store and the commencement date of promotional activities in a store which has been completely refurbished.
h) during the six (6) working days immediately preceding a legal holiday;
i) for training purposes for new employees; or for training purposes for new locations, or new equipment.
j) during promotional periods which may be defined as “banner-wide” promotional activities (maximum 4 per year), Garden Centre and the week in which Social Assistance Cheques are issued.
2.05 Part-time employees shall be covered by Article 10.06 of the main body excluding
10.06 (g).
(a) In the event that a part time employee so promoted or transferred is not deemed qualified after the ninety works for more than twenty-four (9024) day trial periodhours in a given week for reasons other than as outlined in Article 2.04, the employee they shall be paid a bonus of fifty cents ($0.50) per hour for all such hours worked in excess of twenty-four (24).
(b) Part time employees who work more than thirty-two (32) hours in a week for reasons other than as outlined in Article 2.04 will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedurereceive a premium of one dollar and fifty cents ($1.50) per hour on all hours over thirty-two (32) hours worked. It is agreed understood that if (a) above shall apply for hours worked over twenty-four (24) up to thirty-two (32) hours worked.
(c) Part time night crew employees who are scheduled to work more than thirty- two (32) hours in a new hire was placed into week for reasons other than as outlined in Article 2.04 will receive a position which premium of one dollar and twenty five cents ($1.25) per hour for all hours worked in the week. Night crew employees are defined as employees who work exclusively night crew within a given week.
(d) It is being reclaimedunderstood that no more than one of a), the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unitb), that employee or c) will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse applicable to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employeesame hour.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Franchise Agreement, Franchise Agreement
SENIORITY. A. It is hereby agreed that (a) For the parties hereto recognize purpose of this Agreement and accept the principle of subject to Clause 28.03, seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one number of days of service (rounded to be laid offthe nearest half-day) an employee has been employed with the Employer as defined in this Collective Agreement, and the last person laid off shall be the first to be recalled include all periods of leave, granted in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory mannerCollective Agreement, and provided that he/she has the proper qualificationsunless otherwise specified.
a. If (b) Notwithstanding Clause 28.01(a), an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top accrue seniority for the purpose of this Section Collective Agreement as follows:
(C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2i) years and severance pay will be issued at this time.
D. For promotions When temporarily assigned to a higher position or transfers vacancy outside the Bargaining Unit for a period up to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety sixteen (9016) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee weeks;
(ii) When assigned as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts temporary replacement to a position outside the Bargaining Unit for a period up to thirteen (13) months.
(c) The Employer and the Union agree that employees temporarily assigned in Clause 28.01 (b) shall be and remain members in good standing of the bargaining unit, that employee will be able to return to his/her former position only within College Faculty Bargaining Unit.
(a) The Employer shall post seniority lists for all employees in each campus and submit the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse lists to the grievance procedureunion on October 31 and March 31, listing the seniority which has been accumulated to August 31 and January 31, respectively. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority Each list shall be posted on the bulletin boards and will show the employees’ names, classifications and organized by area of instruction in descending order of seniority datesby campus.
G. (b) Areas of instruction shall be defined and shall be uniform throughout the College.
(c) The Authority Employer shall notify post a recall list of both permanent and temporary employees listing seniority, areas of instruction and campuses to which the Union employees have recall rights and such recall list must be posted at the same time and places as the regular seniority list.
28.03 The following conditions shall result in loss of all newlyseniority for an employee:
(a) they resign in writing and are not re-hired bargaining unit employees employed within thirty (30) days after hire.days;
H. During a layoff, if the Authority offers a full-time, laid-(b) they are dismissed and are not reinstated;
(c) they have been laid off employee within the unit as a temporary “substitute” position, or contractual employee in excess of thirteen (13) consecutive months;
(d) they have been laid off as a permanent employee in excess of twenty-five (25) months;
(e) they accept a permanent position outside the employee accepting this bargaining unit and do not return to the bargaining unit within thirty (30) days;
(f) they are assigned as a temporary replacement to a position will remain outside the bargaining unit for a period in excess of thirteen (13) months;
(g) they are temporary assigned to a vacancy outside the union and will receive the contract wage and uninterrupted benefits bargaining unit for a period in excess of the afforded jobsixteen (16) weeks.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Faculty Agreement, Faculty Agreement
SENIORITY. A. It is hereby agreed that the parties hereto recognize and accept the principle of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority Seniority for the purpose of this Section contract shall be calcu lated by continuous service from the last date of employment (except as otherwise provided). Seniority list for all full time employees and a separate list for all part time employees shall be set up by the Employer and shall be furnished to the Union upon request. Seniority areas governing this Agreement are outlined in Exhibit “ C),” attached hereto and made a part hereof. Seniority shall prevail in the following instances in the manner as listed hereafter.
B. The Employer agrees to give a week’s notice or a week’s pay in lieu of a week’s notice to full time employees with six (6) months service and three (3) days’ notice or three (3) days’ pay to part time employees with twelve (12) months service who are laid off due to lack of work. All employees likewise shall give a week’s notice prior to intended resignation. It is mutually agreed that after termination notice has been given by either party, no new request for sick benefits shall be granted.
C. Employees laid off due to the store closing or reduction of employment shall be laid off by order of the most recent hired and shall be rehired in the reverse order of the layoff, with due consideration given job classification. Employees laid-* off and subsequently recalled within six (6) months will retainer former seniority. Employer agrees to go beyond the seniority-^" areas in the case of full time layoffs in distressed areas. How ever, Employer will decide what store to transfer the employee to. There shall be no bumping by seniority.
1. Full time employees to be laid off shall have option of part time employment, and shall be placed at the top of the part time seniority list, or may take a complete layoff. They shall have right of recall on any full time opening, provided they can do the work. Full time employees reduced from full time to part time through no fault of their own will retain Blue Cross and Blue Shield coverage for a period of six (6) months. The Em ployer will pay the monthly composite rate as certified by the Trustees to the “ Fund” for this coverage.
2. The Employer shall combine existing part time assign ments on a seniority basis, unless such hours duplicate each other, providing the employee can do the work, so long as they are able to do provide the available work in a satisfactory manner maximum part time employment per individual within the definition of part time employment, and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this timefurther to create as many full time positions as possible.
D. For promotions The Employer recognizes the principle of seniority as being one in which the movement of an employee from one job to a higher position another or transfers from one location to other positions within the bargaining unitanother through promotion, the Authority shall first attempt to make such promotions demotion, layoff, recall after layoff, or transfers from its regular employees; considerations for such promotions or transfers permanent transfer, shall be based upon seniority governed by the length of service of the employee, and in con nection with such movement the Employer may take into con sideration as to each employee involved his ability to perform the work and qualifications, and if an employee so promoted work.
E. Employees having more than one (1) year’s seniority on either the night or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has shift shall have the right to retain such employee as request a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside transfer to or from the night or day shift on an individual store basis. V/ F. Employees on leave of the bargaining unitabsence, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff periodsick leave, or if call backs are refused, the Authority will maternity leave shall retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefitstheir former standing on all seniority lists.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. A. It is hereby agreed that the parties hereto recognize and accept the principle of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority Seniority for the purpose of this Section contract shall be calcu lated by continuous service from the last date of employment (except as otherwise provided). Seniority list for all full time employees and a separate list for all part time employees shall be set up by the Employer and shall be furnished to the Union upon request. Seniority areas governing this Agreement are outlined in Exhibit “ C),” attached hereto and made a part hereof. Seniority shall prevail in the following instances in the manner as listed hereafter.
B. The Employer agrees to give a week’s notice or a week’s pay in lieu of a week’s notice to full time employees with six (6) months service and three (3) days’ notice or three (3) days’ pay to part time employees with twelve (12) months service who are laid off due to lack of work. All employees likewise shall give a week’s notice prior to intended resignation. It is mutually agreed that after termination notice has been given by either party, no new request for sick benefits shall be granted.
C. Employees laid off due to the store closing or reduction of employment shall be laid off by order of the most recent hired and shall be rehired in the reverse order of the layoff, with due consideration given job classification. Employees laid off and subsequently recalled within six (6) months will retain former seniority. Employer agrees to go beyond the seniority areas in the case of full time layoffs in distressed areas. How ever, Employer will decide what store to transfer the employee to. There shall be no bumping by seniority.
1. Full time employees to be laid off shall have option of part time employment, and shall be placed at the top of the part time seniority list, or may take a complete layoff. They shall have right of recall on any full time opening, provided they can do the work. Full time employees reduced from full time to part time through no fault of their own will retain Blue Cross and Blue Shield coverage for a period of six (6) months. The Em ployer will pay the monthly composite rate as certified by the Trustees to the “ Fund” for this coverage.
2. The Employer shall combine existing part time assign ments on a seniority basis, unless such hours duplicate each other, providing the employee can do the work, so long as they are able to do provide the available work in a satisfactory manner maximum part time employment per individual within the definition of part time employment, and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this timefurther to create as many full time positions as possible.
D. For promotions The Employer recognizes the principle of seniority as being one in which the movement of an employee from one job to a higher position another or transfers from one location to other positions within the bargaining unitanother through promotion, the Authority shall first attempt to make such promotions demotion, layoff, recall after layoff, or transfers from its regular employees; considerations for such promotions or transfers permanent transfer, shall be based upon seniority governed by the length of service of the employee, and in con nection with such movement the Employer may take into con sideration as to each employee involved his ability to perform the work and qualifications, and if an employee so promoted work.
E. Employees having more than one (1) year’s seniority on either the night or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has shift shall have the right to retain such employee as request a nonunion “substitute employeetransfer to or from the night or day shift on an individual store basis.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each yearEmployees on leave of absence, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff periodsick leave, or if call backs are refused, the Authority will maternity leave shall retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefitstheir former standing on all seniority lists.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. A. It is hereby agreed that (a) For the parties hereto recognize and accept the principle purposes of determining a seniority in all cases of transfersdate, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications an employee's aggregate paid hours will be a factor in designating converted by using the employee to be affectedfollowing formula: two thousand and eighty (2,080) paid hours equals one (1) year.
B. The (b) An employee’s seniority shall be calculated from his/her initial date of hire, provided he/she is not absent from work for any period exceeding twelve (12) continuous months for reasons other than illness, injury, layoff or an employee is defined as the length approved leave of continuous uninterrupted service as an Authority employee dating back to absence. If he/she has been so absent, his/her seniority shall accumulate from his/her last date of hire.
C. The parties hereto (c) Notwithstanding the foregoing sub-clause, as of May 11, 2000, all employees who were previously covered by a Collective Agreement shall recognize the principle of plant-wide have placed to their credit such seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled they had accumulated in accordance with the terms of their predecessor collective agreements. Following the aforementioned effective date, employees shall continue to accrue seniority and their classification; provided in accordance with the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualificationsterms of this Collective Agreement.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit12.01 (d) Notwithstanding clause 12.01(b), he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unitas of May 11, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force2000, all employees hired before July 28who were not covered by a predecessor Collective Agreement shall have placed to their credit seniority in accordance with Section 33(3)(b) or (c) of the Public Sector Labour Relations ▇▇▇▇▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇, S.O. 1997, c.21, Schedule. B, which shall be calculated from their first date of hire with their predecessor employer unless they lost seniority in accordance with clause 12.02, in which case it shall be calculated from their subsequent date of hire. Following the aforementioned effective date, employees shall continue to accrue seniority in accordance with the terms of this Collective Agreement.
12.01 (e) Notwithstanding Clause 12.01(b), as of May 11, 2000, all employees who exercise were covered by a predecessor Collective Agreement and who are not excluded from the Unit B bargaining unit in accordance with Clarity Note 2 in Article 2 (Recognition) shall have placed to their right credit such seniority as they had accumulated in accordance with the terms of their predecessor Collective Agreements. Following the aforementioned effective date, employees shall continue to bump into accrue seniority in accordance with the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose terms of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualificationsCollective Agreement.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. A. It is hereby agreed 4.01 Each employee covered by this Agreement shall have seniority rights as set forth in this Article and subject to any other articles that the parties hereto recognize and accept the principle of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability refer to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positionsseniority. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) days of employment, which may be extended an additional sixty (60) days provided written request is made by the Employer in advance of the end of the 90 day trial period, shall be a probationary period and seniority does not apply. The order of seniority shall be based on the employee will beginning date of employment in the plant. Each new employee's name shall be placed back added to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the seniority list after ninety (90) day probationary period days of employment. In the event more than one employee is hired on the same day, the employees' names shall be added in alphabetical order.
1) Discharge for just cause;
2) Voluntary quit;
3) Layoff of more than three months duration;
4) Illness or accident of six (6) months from the beginning of such absence: provided, however, that upon return to work the employee must be able to perform all of the new regularly assigned duties of the classification which was their classification at the time such absence began, unless otherwise mutually agreed to between the Employer and the Union.
4.02 The principles of seniority as set forth herein shall be observed and any dispute as to interpretation of these principles shall be taken care of in conformance with the grievance procedure set forth in this Agreement.
4.03 In the layoff and recall of employees, seniority shall be given every consideration providing the employee is qualified to perform the available job. LikewiseLayoff and recall shall be handled on a departmental basis rather than a plant wide basis.
4.04 Where a promotional opportunity (increase in pay) occurs and the skills and abilities of the applicants are, if in the position which Employer's judgment, equal, seniority shall be utilized in selecting the person for the job.
4.05 Should there be no promotable applicant, the Employer is free to fill job vacancies in any convenient manner.
4.06 Any employee left was filled, that employee will given a job vacancy as provided herein shall be permitted to return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list job of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees equal pay within thirty (30) days after hireof their filling the vacancy.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not 4.07 Seniority shall also be applicable with respect to employee's preference for vacations by departments within a layoff periodplant, or if call backs are refused, the Authority will retain the right and to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefitsshift assignments.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. A. It is hereby agreed that 9.01 An employee’s seniority date shall be the parties hereto recognize and accept most recent date of hire in the principle of seniority in all cases of transfers, promotions, layoffs and recallsbargaining unit. In all cases, however, ability The employees shall be subject to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last twelve (12) calendar month probationary period following such date of hire.
C. . The parties hereto shall recognize probationary period may be extended, by mutual agreement of the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, Port and the last person laid off Union, if the probationary employee has been absent due to bona fide illness or other legitimate reason. Employees that are separated from employment before the completion of their twelve (12) month probationary period shall not be subject to recall rights as outlined in Section 9.02 of this Article. An employee promoted to a position within the first Police Department that is outside the Police Specialist bargaining unit may choose to be recalled in accordance with their seniority and their classification; provided return to the more senior employee is able Police Specialist unit if he/she fails to do successfully pass the available work in a satisfactory manner, and provided probationary period for the promotional position. After receiving notice that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position not successfully passed probation, within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than five (5) business days the employee to be bumped.
b. If must notify the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless Administrative Division Manager of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able intent to return to his/her former prior position only within in the ninety (90) day probationary period of the new jobunit. Likewise, if the position which the employee left was filled, that Such employee will return to have his/her former position without recourse seniority in that classification restored to the grievance proceduresame level accrued prior to leaving. It An employee who is agreed that if terminated for misconduct is not eligible to return to the Police Specialist bargaining unit under the terms of this Article.
9.02 Seniority shall prevail in the event of a new hire was placed into a position which is being reclaimedlayoff; thus, the Authority has last employee hired into the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, bargaining unit shall be the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service first laid off. Employees laid off in accordance with the Authorityprovisions of this Article will be eligible for rehire in the inverse order of layoff for a period of one (1) year following layoff. The Employees recalled pursuant to this provision retain their seniority based on their original date of hire into the bargaining unit, but no seniority or any benefits shall accumulate during the time that the employee was on layoff. However, employees that are separated from employment before the completion of their probationary period shall not be subject to recall rights as outlined in this Article.
9.03 In the event of an imminent reduction in force, written notice shall be provided to each employee scheduled for layoff at least fourteen (14) days prior to termination.
9.04 Seniority shall be a primary consideration when making job assignments. However, based on the skills and qualifications of the employee, management may require particular employees in specific job assignments.
9.05 Shift preference and vacation scheduling shall be done so that seniority is the primary consideration. Vacation scheduling and shift bidding shall be by Department Policy and Procedures.
9.06 Seniority shall only be broken in the event of retirement, voluntary quit, discharge for just cause, leave of absence exceeding six (6) weeks, or layoff exceeding one (1) year.
9.07 A seniority list shall be posted provided to the Union on the bulletin boards and will show the employees’ names, classifications and seniority datesrequest.
G. The Authority shall notify 9.08 Should the need arise for a permanent reduction in force under this Agreement, the Port agrees to meet with the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration purpose of negotiating the absence without union benefitseffects of such decision.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. A. It is hereby agreed that Section 1. There shall be for the parties hereto recognize purpose of job preference, etc., four separate seniority classifications: School maintenance personnel, bus drivers, custodians, and accept cooks. Seniority for the principle purpose of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications fringe benefits will be a factor in designating the employee to be affectedby total district seniority.
B. The seniority of an employee is defined as A. In reducing the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessaryworking force, the last person employee hired in a job classification affected shall be the first one employee laid off in his respective seniority classification. In returning to be laid offwork, and the last person employee laid off shall be the first to be recalled employee re-hired in accordance with their his/her respective seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held B. Seniority shall be broken only by discharge, voluntary quit or more than a fulltwenty-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plantfour (24) month lay-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positionsoff. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in forcea layoff of less than twenty four (24) months, all employees hired before July 28, 2000, who exercise their right an employee laid off shall be given seven (7) calendar days notice of recall by certified mail to bump into the Utility Worker position, shall do so last known address of the employee. In the event the employee fails to make himself/herself available for work at the contractual rate end of pay of Utility Worker IIsaid seven (7) calendar days he/she shall lose all seniority rights under this Agreement. Employees who transfer or promote to positions within the District but outside the bargaining unit shall continue to accumulate seniority for a period not to exceed six (6) months, at which point their seniority will be frozen. Upon their return to the unit, they shall be entitled to their previously accumulated seniority.
2. Stewards C. A list of employees arranged in the order of their seniority shall be deemed provided annually at the beginning of the school year to have top seniority the Union ▇▇▇▇▇▇▇/stewards for each classification and to the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3business agent. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay Updated lists will be issued at provided as new employees are hired. Any controversy over the seniority standing of any employee on this timelist shall be referred to the Grievance Procedure for settlement. Such determination shall be made without regard to whether the employees involved are members or not. Employees have ten (10) working days to challenge the seniority posting. No challenges will be accepted after the tenth day.
D. For promotions to Should an employee be hired during June, July and August and offered a higher position or transfers to other positions within regular position, this employee will start their probationary period on the bargaining unitfirst day of school, normally the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers day after Labor Day. During the probationary period, no probationary employee shall be based upon seniority and ability entitled to perform the work and qualificationsfringe benefits under this agreement, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial periodhowever, the employee sick leave will be placed back accrue retroactive to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employeefirst date of probation.”
E. If a Non-bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able members have no rights to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employeethis contract.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. A. It is hereby agreed that a. New employees hired into the parties hereto recognize and accept the principle of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected secretarial unit shall be considered probationary employees for the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with ninety (90) days worked of their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumpedemployment.
b. If the employee who is being laid off has Probationary employees shall not previously held a full-time position within the bargaining unit, he/she will have the option access to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time arbitration for disciplinary matters up to and including discharge. Newly hired probationary employees within the unit who are laid off will shall not have the right to bid transfer to a vacant position in the bargaining unit during their probationary period. Newly hired probationary employees shall be granted an interview for vacant positions if they express an interest in the position, in writing, during the posting period.
c. Seniority shall be on available positions. The Union will submit a request for bid for District-wide basis with the laid off employee’s date of hire by the Board of Education.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff A letter of intent to hire will be afforded recall rights given to the Utility Worker applicant when a position regardless is offered and accepted by the applicant, stating the date of classificationBoard approval and starting rate of pay. If the Board meeting referred to in the letter is canceled for any reason, based on their plant seniorityapproval will be postponed until the next meeting, with the employee’s starting rate of pay to be effective retroactive to the original Board date for any time worked after the original date.
e. A secretary who resigns and is re-employed shall have seniority beginning with her re-employment date. A secretary whose services have been terminated by a layoff shall be reinstated with full seniority standings, if recalled by the District in accordance with Article 7 – Vacancies, Promotions, and Layoffs, Paragraph H.
f. In the event that more than one individual secretary has the same starting date of any layoffs work, the relative place of such persons on the seniority list with respect to that date of work will be determined by a drawing of lots participated in by all affected secretaries. The notice of the drawing, including date, time and place, will be provided in writing to the Association and all affected secretaries one week before the drawing. The drawing will be conducted openly and at a time and place that allows all interested secretaries, particularly those affected, to attend. The president of the Association, or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker positionher designee, shall do so at draw for any secretary unable to be in attendance. All affected secretaries and the contractual rate Association will be notified in writing of pay the results of Utility Worker IIthe drawing within forty-eight hours of the drawing.
2. Stewards g. A secretary’s seniority shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions frozen when transferred to a higher position or transfers to other positions within the non-bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers unit position. Seniority shall be based lost upon seniority and ability to perform the work and qualificationstermination, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff periodresignation, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefitsretirement.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. A. It 18.01 Seniority shall only be effective after an employee has completed his probationary period.
(a) Persons who were previously employed within the Bargaining Unit, or the area presently covered by the Bargaining Unit, may return to positions within the Bargaining Unit with seniority for the purposes of this Clause based on their length of service in the Bargaining Unit provided they do not return to a position higher than the one previously held and further provided that no Bargaining Unit member is hereby agreed demoted or laid off.
(b) Employees from outside the Bargaining Unit may be transferred into the Bargaining Unit to fill a specific position with seniority for the purposes of this Clause based on their starting date with the Company where the Company is unable to fill the position with an employee in the Bargaining Unit. In such case, the employee will not exercise seniority accumulated outside the Bargaining Unit for a period of eighteen (18) months.
18.03 In cases of promotions, lay-offs, recall from lay-offs, and vacations, where ability and qualifications are approximately equal, seniority shall prevail. The Company agrees to exercise the greatest care when deciding questions of employee qualifications to ensure that its decisions are neither arbitrary nor unfair. In cases of layoff, employees can bump employees in Chief Clerk, Dairy Department Head, and Deli Operator positions provided they are qualified as outlined above. In addition, qualified employees can bump "red circled" employees. In such case, the parties hereto recognize and accept employee doing the bumping shall not assume the "red circled" position, but shall be classified in accordance with the job function he will be performing.
18.04 Any deviation from the principle of seniority as stated above shall be subject to the grievance procedure.
18.05 Seniority lists shall be prepared and a copy supplied to the Union Office each May and October.
18.06 Seniority shall be considered broken and service terminated if an employee:
(a) is duly discharged by the Company.
(b) voluntarily quits or resigns.
(c) has been laid off continuously for a period of more than one (1) year, but in all cases no case to exceed his bargaining unit seniority at the time of transfershis lay-off, promotionsor if he is called back to work by registered mail during the recall period and does not return to employment within two (2) weeks of the mailing of such notice.
(d) is absent for any reason for a period of over three (3) days without a written leave of absence, layoffs and recallsexcept in case of probable sickness or accident, or inability to communicate. In all casesThis article, however, ability does not permit or sanction absences of up to perform three (3) days without reasons satisfactory to Management or beyond the work in a satisfactory manner and qualifications will be a factor in designating control of the employee to be affectedemployee.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit 18.07 Employees who are laid off will have shall cease to be employees of the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority Company for the purpose of this Section Agreement as of the date of such lay-off. Employees so laid off who are eligible for recall shall have their name retained on the seniority list for a period of one (C)1) year, so long as they are able but in no case to do exceed his bargaining unit seniority at the available work in a satisfactory manner time of his layoff, for the sole and have the proper qualificationsexclusive purpose of recall only.
3. Layoffs 18.08 The Company will become permanent if not deny to a senior employee the necessary training within his department when a vacancy is foreseeable for which no qualified employee is not recalled after two (2) years and severance pay available to fill.
18.09 Following successful completion of the full-time probationary period, a part-time employee who is hired full-time will be issued at this timecredited with fifty (50%) percent of his part-time service up to a maximum of one (1) year. This credit will apply to matters of lay-off, promotion, vacation, and rates of pay; however, the normal waiting period will apply to Group Insurance, Absence from Work Pay, and other fringe benefits.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. 18.10 If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time employee, who has completed one (1) year's continuous service, wishes to revert to part time, laid-off employee within he will be credited with his original unbroken start date with the unit a temporary “substitute” position, the employee accepting this position will remain in the union Company as his seniority date and will receive be employed under the contract wage terms and uninterrupted benefits of the afforded jobconditions as set out in Appendix "C".
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. A. It is hereby agreed that the parties hereto recognize and accept the principle of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affected.
B. Section 1: The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, CITY and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided UNION agree that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list showing date of employees by classification hire in the Fire Department ("Department Seniority") and by length date of service with the Authoritylast promotion ("In-Grade Seniority") shall be established and made current annually on or before September 1. The seniority This list shall be posted on the Fire Department bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees boards. If within thirty (30) calendar days after hireof posting there are no protests by employees to seniority as shown, the seniority list shall stand as conclusive evidence of each person's seniority until the establishment of the new seniority list the following year. This list will be utilized for seniority- based scheduling of vacations and reduction in force. There shall be no seniority credit for promotional exams.
H. During Section 2: Department seniority is defined as full time continuous service with the Fire Department that is not broken by dismissal or resignation. .
Section 3: Departmental seniority shall be determined by the following order:
(a) date of full time employment;
(b) entrance examination grade;
(c) date of original application;
(d) in the event factor (a) is not conclusive, factor (b) shall govern. If factor (b) is not conclusive, factor (c) shall govern.
Section 4: In-grade seniority for positions normally filled by promotional examinations shall be determined by:
(a) date of eligibility list;
(b) date of promotion;
(c) promotional examination grade;
(d) departmental seniority;
(e) in the event factor (a) is not conclusive, factor (b) shall govern. If factor (b) is not conclusive, factor (c) shall govern. If factor (c) is not conclusive, factor (d) shall govern.
Section 5: The classification of Paramedic Ambulance Operators shall be the first positions eliminated in a layoffreduction in force. The City shall then, if further reduction is needed, determine which positions shall be eliminated. Thereafter, reductions in force in the Authority offers a full-time, laidFire Department shall be as follows:
(a) The CITY shall exercise its discretion in respect to the lay-off employee of employees who have not completed the initial probationary period. The CITY shall not exercise its discretion in an arbitrary or discriminatory manner prohibited by federal or Nevada law.
(b) Employees who have completed the initial probationary period shall be reduced in force based on departmental seniority. Thereafter employees may bump into any lower grade previously held based on in-grade seniority.
(c) Employees shall be rehired based on department seniority provided the employees have completed the initial probationary period, and provided further the rehire occurs within one year from the unit a temporary “substitute” position, date of layoff. At the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits discretion of the afforded jobCITY, an employee's rehire shall be subject to medical certification of fitness.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Labor Agreement, Labor Agreement
SENIORITY. A. It is hereby agreed that the parties hereto recognize and accept the principle 13-1 Seniority of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within shall be computed from the unit who are laid off will have date of original appointment unless an employee has been out of the right to bid on available positionsemploy of the Department for over one (1) year (leave of absence not included), in which event, seniority shall be computed from the latest date of employment by the Department. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event that more than one employee is appointed on the same date, the employee appearing in the highest order on the eligibility list shall be senior to the other(s). The Department shall maintain a seniority list of any layoffs or reductions in force, all employees hired before July 28, 2000, who and shall furnish a copy of the list to the EGFFA during the first week of November of each year.
13-2 All platoon employees shall be allowed to select station assignments and platoon assignments based on seniority. Employees may exercise their right to bump into select station and platoon assignments in accordance with Section 13-3 of this agreement whenever a vacancy occurs or whenever additional professional firefighter positions become vacated or available. Seniority for officers shall be computed from the Utility Worker date the officer was appointed to that position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (Cbidding for a vacant position only. In all instances, in the event that more than one employee is appointed on the same date, the employee appearing in the highest order on the eligibility list shall be senior to the other(s), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications. A coin toss shall break any further tie.
13-3 When a vacancy occurs on the platoon system, or whenever new positions are added, the Department shall within five (5) days of the vacancy post a notice of the vacancy on the Department bulletin boards at both fire stations. Within ten (10) days of posting of the vacancy, the President of the East Greenwich Firefighters Association shall designate a date and time for the purpose of convening a bid session for the vacancy and any subsequent vacancies which occur during that bid session. The Secretary of the Local shall notify all members of the time and date of the bid session. The union executive board shall convene the bid session and ensure that the vacancy or vacancies are properly filled in accordance with seniority. Within five (5) days of the vacancy bid, Local #3328 shall notify the Chief of the outcome of said bid. Transfers to any new station or platoon assignments shall be made no later than 30 days following completion of the bid session. The Chief shall work with the Association to implement a mutually agreeable timeline for instituting the new bid selection. In addition to the vacancy bid, an annual bid shall be held during the first week of November each year for a voluntary bidding. These transfers would go into effect after January 1st and be completed by January 15. Within five (5) days of the Annual Bid, Local #3328 shall notify the Chief of the outcome of said bid.
13-4 Selections made during the bid session shall be allowed providing that they do not adversely affect the following minimum assignment qualifications:
a. Each of the platoons shall have permanently assigned no more than three (3) probationary firefighters. Layoffs will become permanent if the employee is not recalled after two Two (2) years at Station One and severance pay will be issued one (1) at this timeStation Two.
D. For promotions 13-5 The Department and the Association agree that the requirements listed in section 13-4 a apply only to the permanent assignment of personnel and that at various times these requirements, on a higher position temporary basis will not always be met by the Department or transfers the Local.
13-6 Members of the platoon system who shall at any time voluntarily elect to other positions within change platoons, when such change is permissible under the bargaining unitterms and conditions of this agreement, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability responsible to perform work all hours necessary to effectuate the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back change without any financial cost to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employeeDepartment.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Personnel Policies and Contractual Agreement, Personnel Policies and Contractual Agreement
SENIORITY. A. It is hereby agreed (a) An employee, other than a student hired for the vacation period, shall acquire seniority status after being in the employ of the Company for a probationary period of one hundred and eighty days.
(b) Seniority shall govern in the case of a lay-off which the Company expects to remain in effect for more than seven days provided employees are sufficiently qualified. No individual employee will be laid off for more than a total of 14 days in a year without applying his / her seniority rights, notwithstanding the Company‟s ability to implement the seven day lay-off without applying said employee‟s seniority. Sufficiently qualified shall be deemed to mean that the parties hereto recognize and accept the principle of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability employee is qualified to perform the work normal duties of his / her job classification. For equally qualified employees seniority shall govern in the case of a satisfactory manner and qualifications will be transfer or promotion to a factor in designating the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she which the Company expects to remain in effect for more than thirty days. It is understood that where employees are not equally qualified preference will have be given to the option best qualified. Qualifications acquired during the period of a transfer or promotion made under the temporary provisions of this clause shall be disregarded in making a permanent adjustment. Where the temporary adjustments contemplated above occur and subsequently become permanent or exceed the stipulated time limits, the provisions of this clause shall apply immediately but such application shall be without retroactive effects. Copies of the Job Posting and Lay-Off Procedure are available to bump the least senior employee in Union and will show the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positionsestablished lines of progression and retrogression. The Union will submit a request for bid for Company agrees not to revise the laid off employee.
d. While under a layoffProcedure during the term of this Agreement. However, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights any addition to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, Procedure shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall not be deemed to have top be a revision but will be discussed and reviewed with the Union. After moving through the lines of retrogression and before lay-off, an employee will be assigned by the Company according to the employee‟s seniority for and subject to the purpose first paragraph of this Section clause, to the lowest classification of any job progression, other than the Manufacturing Service Person job progression, (C), so long as they are able and such assignment may be to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if that classification occupied by the employee with the least seniority of all the employees in the bottom classifications of the lines of progression) or, if there is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions no such classification available to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial periodemployee, the employee will be placed back assigned to one of the position following classifications, in the following order based on said employee‟s seniority: Manufacturing Service Person, Service Person, Services Trainee, Janitor, Hiree. Seniority shall govern in the case of a lay-off from which he/she camethe classification of Manufacturing Service Person, Service person, Services Trainee, Janitor, and Hiree.
(c) For the purposes of this agreement seniority shall be calculated from the date an employee first enters the bargaining unit under this Collective Agreement with the Company or its predecessor. LikewiseEmployees who leave the bargaining unit for any reason shall maintain and continue to accumulate seniority for the total period of his / her subsequent employment with the Company or its predecessor. Seniority so acquired shall be lost on termination of employment. However, accumulated seniority shall be restored upon re-employment if such termination was due to lay-off or the position from which expiration of leave of absence for illness or accident provided the lapse of time between the date of termination for such reasons and the date of re-employment does not exceed eighteen months.
(d) Seniority shall terminate and an employee shall cease to be employed by the Company if:
i) the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if absent from active employment for a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of twenty- four (24) months calculated from the new job. Likewise, if period the position which absence commenced.
ii) the employee left was filled, that employee will return to his/her former position is absent for three (3) consecutive working days without recourse to notifying the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration Company of the absence and providing reasons satisfactory to the Company for such absence.
(e) When employment offers are made, former employees whose employment with the Company was terminated during the preceding eighteen months due to lay-off and who are qualified for the job or jobs available shall be offered employment on the basis of seniority accumulated prior to termination. The Company shall be under no obligation to re-employ such a former employee unless said person has filed a current address and telephone number with the Company for this purpose, can be reached when the opportunity for employment arises and is available for work when required. In the even that a former employee fails to accept re-employment the Company may consider that said person no longer wishes to be re-employed.
(f) The Company agrees to post seniority lists showing the seniority status of each employee and to furnish a copy of such lists to the Union.
(g) The Company agrees to alter the seniority lists at least every four months and to correct any errors therein whenever proof of error is submitted by the Union or any employee. No change shall be made in the seniority status of an employee without union benefitsconsultation with the Union.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. A. 10.01 Seniority' shall mean an Employee's length of service, calculated in regular hours worked and divided by one thousand eight hundred twenty (1,820) from the Appointment Date (Article 31.03 - Definitions). Seniority shall be affected as described below in Article 10.02 and 10.03, and Article 20.03 – Leave of Absence without Pay.
10.02 Seniority accrual will be affected in the following circumstances:
(a) The seniority of Employees who were in YusApuY Unit 1 positions prior to the ratification of this Agreement, where hours of work were other than full-time, (one thousand eight hundred and twenty (1,820) hours per year), shall be determined on a pro-rata basis in accordance with the proportion of full-time hours worked, except as provided for elsewhere in this Agreement. It is hereby agreed that the parties hereto recognize and accept the principle of seniority in all cases of transfers, promotions, layoffs and recalls. In all casesagreed, however, ability that such Employees shall accrue seniority for unpaid hours to perform a maximum of four hundred fifty-five (455) hours per year. If, for reasons other than layoff, an Employee, affected by this article, accepts another position in the work bargaining unit, seniority from the date that the Employee starts the new position will henceforth be calculated as outlined in a satisfactory manner Article 10.01 above, and qualifications the provisions of this Article will be a factor in designating the employee to be affectedno longer apply.
B. (b) The seniority of an employee is defined as Employees who were in YusApuY Unit 3 prior to the length ratification of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessarythis Agreement, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled calculated in accordance with their seniority and their classification; provided the more senior employee is able provisions of Article
10.01. Seniority will be calculated from December 2, 1996 or date of appointment to do a position in the available work in a satisfactory manner, and provided that he/she has the proper qualificationsbargaining unit.
a. If an employee (c) An Employee who is being laid off has previously held takes a leave of absence without pay to fill a full-time position within the bargaining unit, he/she will have the option in YusApuY shall continue to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide accrue their applicable seniority than the employee to be bumpedduring such leave.
b. If (d) Temporary Employees may use their accrued seniority to apply for a position as provided for in Article 12 - Job Posting, for a maximum of four (4) calendar months after completion of the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumpedtemporary assignment.
c. All full-time employees within the unit who are laid off will have the right to bid (e) Employees, while on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker positionsick leave, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed continue to have top accrue their applicable seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualificationsentire sick leave.
3. Layoffs will become permanent if the employee is not recalled after two (2f) years Employees on a combined leave (pregnancy and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority parental) shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon accrue their applicable seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefitssuch leaves.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. A. It is hereby agreed that the parties hereto recognize and accept the principle Seniority shall be defined as an Employee's first day of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor continuous service in designating the employee to be affected.
B. The seniority employ of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her Board since the Employee's last date of hire, provided the probationary period has been satisfactorily fulfilled. The term "last date of hire" shall mean the date upon which an Employee first reported to work at the instruction of the Board, since which the Employee has not quit, retired, been discharged, or otherwise had such employment terminated.
B. If two or more Employees have the same initial day of work in the unit, seniority will be determined among them by the last four digits of their social security numbers. The higher number shall have the greater seniority.
C. The parties hereto shall recognize As soon as is reasonably possible upon the principle execution of plant-wide seniority this Agreement, and as follows:
1. When the Authority determines that a layoff or rehiring is necessarysoon as possible after July 1 of each year thereafter, the last person hired in Board shall provide a job classification affected shall be current seniority list to the Group President and each Employee. If at the end of the first one 30 calendar days that such list is provided, there have been no objections raised by any Employees or the Group as to the seniority dates as they appear in such list, thereafter such seniority dates shall not be laid offsubject to question by the Board, and the last person laid off shall Group, or the Employees. If an Employee or the Groups objects to the seniority list, such Employee or Group may file a written objection which will constitute a grievance, which will be processed under the first to be recalled in accordance Grievance Procedure beginning with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualificationssecond step.
a. If an employee D. Any Employee who is being laid off has previously held a full-time position within resigns shall notify his/her immediate supervisor in writing at least two weeks prior to the bargaining unit, he/she will have effective date of the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumpedresignation.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. E. In the event of any layoffs or reductions a necessary reduction in forcethe Group, all probationary employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top laid off first. Group Employees will be laid off in inverse order of seniority for the purpose of this Section (Cleast senior Employee first), so long as they are able to do provided the available work in a satisfactory manner and remaining Employees have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority skill and ability to perform the work work. The Board shall give Employees written layoff notice as soon as reasonably possible but not less than 5 working days prior to the layoff. The Board will recall laid off Employees in order of seniority, provided the most senior person on layoff has the skill and qualificationsability to perform the work. The Board shall have sole discretion to determine which classification to recall first, and to determine if the Employees have the skills and ability to perform the work. The Board is not required to recall probationary employees.
F. The following guidelines to establish a bumping procedure for all food service employees:
a. In the event an employee so promoted is laid off due to job elimination or transferred is not deemed qualified after the ninety (90) day trial periodlack of work, the employee may bump into a less seniored position with comparable hours or less in their current classification. Seniority will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within retained during a layoff period, or if call backs are refusedan approved leave of absence period, for up to one year.
b. In the event the employee is deemed unsatisfactory for this position after a two week probationary period, or the employee is not interested in this position, the Authority employee may bump into any position in a lower classification held by an employee with less seniority.
c. An employee who chooses to bump into a lower classification will retain be placed at the right step closest to fill his/her current salary, but not more than his/her current rate.
d. The displaced employee may follow the temporary “substitute” same bumping procedures. The employee may bump into a less seniored position in their current classification with comparable hours or less or any less seniored position in a nonunion worker for lower classification, (per a, b, c, above).
e. Employees on layoff will be called back according to the duration terms of the absence without union benefitsFood Service Group contract.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Contract Agreement
SENIORITY. A. It is hereby agreed that 9.01 An employee will be on probation and shall not acquire seniority until after twenty-five (25) worked days with the Employer and shall then count from the date of employment with the Employer. The principles of seniority shall be recognized by the parties hereto recognize on an individual store basis.
9.02 Lay off due to lack of work and accept recalls shall be made on the principle basis of seniority in all cases of transfersas set out below, promotions, layoffs and recalls. In all cases, however, ability to perform providing the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able has the skill and ability to do the available work job in a satisfactory competent manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of lay off, an employee may exercise his seniority to bump within his classification or if he chooses, bump into another classification. An employee may not bump up into a department head or assistant department head position as identified in Article 9.07.
(a) In the event an employee is laid off in accordance with Article 9.02, and he is subsequently recalled, upon completion of at least one (1) full week of recall, his recall rights shall be renewed.
9.03 The Employer agrees to post the seniority lists in the store semi-annually.
9.04 A person employed at a store covered by this Agreement, who is transferred into the Bargaining Unit, may be returned to his former position or to a lower position, and will be credited with seniority equal to his total length of service in the Bargaining Unit, providing such transfer occurs within twelve (12) months of his departure date from the Bargaining Unit. If such transfer occurs more than twelve months after his departure from the Bargaining Unit, such person who is transferred into the Bargaining Unit will not be credited with seniority and may not displace existing employees. One (1) year following such transfer into the Bargaining Unit, such person shall be credited with up to three (3) years' seniority. Such persons will not be entitled to promotions within the Bargaining Unit for one year from the date of their transfer into the Bargaining Unit, and shall be placed in the stock clerk, service clerk or meat cutter classification.
9.05 Seniority shall be lost and employment deemed to be terminated if the employee:
(a) voluntarily quits;
(b) is discharged for cause and the discharge is not reversed through the Grievance Procedure;
(c) is laid off for a period of eighteen (18) months;
(d) fails to report for work within seven (7) days after being notified by registered mail by the Employer following the lay-off; or fails to advise the Employer within two (2) days of his intention to report for work pursuant to the notification;
(e) fails to return to work at the expiration of a leave of absence without a reason satisfactory to the Employer; or
(f) has an unreported absence for three (3) consecutive working days without a satisfactory reason.
9.06 It shall be the duty of employees to notify the Employer promptly on forms supplied by the Employer of any layoffs or reductions change in forceaddress, telephone number, marital status, number of dependents, and other related information that may be required from time to time. If an employee fails to do this, the Employer will not be responsible for failure to comply with any part of this agreement where such information is necessary in order to comply. It is further agreed that where the Employer is advised of an employee's name change, such information will be forwarded to the Union.
9.07 Applications for promotion to and/or training for the positions of Grocery, Produce and Meat Department Head, Bakery Department Head, Head Cashier, Assistant Meat Department Head, Seafood Department Head, Night Leader, Deli Department Head, Bake-Off Department Head, Food Service Department Head, and Salad Bar Department Head will be available to all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2upon request. Stewards Such training shall be deemed assigned by seniority providing the applicant has the qualifications and ability to have top seniority warrant the training. Such forms shall be supplied by the Employer and may be submitted to the Employer at any time by an employee. Following their submission, such applications will be valid for the purpose a period of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years but may be renewed at any time. The Employer may post a bulletin soliciting applications at any time. When an employee is promoted within a store, the name, seniority date, and severance pay classification of the employee concerned will be issued at this timeposted in the store.
9.08 Employees laid off from full-time jobs shall be offered part-time employment.
A. Part-time employees reclassified to full-time on jobs involving the same skills, will not be required to serve a further probationary period providing that such employees have completed their part-time probation.
B. A part-time employee, reclassified to full-time employment, shall carry one half (1/2) of his part-time seniority up to a maximum of one (1) year, to his full-time employment. Seniority thus acquired may be used for the purposes of lay-off, recall, vacation, and wage progression but shall not apply with respect to the employee's eligibility for the various benefits applicable to full-time employees. Furthermore, such employee shall not be allowed to take vacation during the first three (3) months of such full-time employment, except when less than three months remain in the calendar year, and providing he qualifies shall be entitled to a maximum of one (1) week of vacation during the vacation year. Thereafter, his full-time vacation entitlement shall be in accordance with his full-time seniority date.
C. In the event that two or more employees are credited with the same seniority date under Article 9.09 B, the senior employee shall be deemed to be the one with the greatest continuous service.
D. For An employee reclassified from part-time to full-time and subsequently to part-time again will be credited with his complete part-time and full-time seniority. A full-time employee converted to part-time will carry his full-time seniority to the part-time seniority list.
9.10 In making promotions, (except that this provision shall not apply to promotions to a higher position or transfers to other positions within outside of the bargaining unit), the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers Employer will consider the following factors in determining which employee shall be based upon seniority promoted:
(a) seniority;
(b) qualifications and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety work;
(90c) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. physical fitness It is agreed that if a new hire was placed into a position which is being reclaimedwhere factors (b) and (c) are relatively equal, seniority as herein defined will govern. Employees on maternity or parental leave, who have made application under Article 9.07, will be considered for promotion subject to Article 9.10.
9.11 In the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside case of the bargaining unitlay-off for employees with more than three (3) months seniority, that an employee will be able to return to his/her former position only within given at least one (1) week's notice or one (1) week's pay in lieu thereof. In the ninety case of lay- off for employees with more than one (901) day probationary period of the new job. Likewiseyear's seniority, if the position which the employee left was filled, that an employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.given at least two
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. A. It is hereby 1. As of the effective date of this agreement, seniority shall be as agreed that to by the parties hereto recognize and accept for all existing personnel. From that date forward seniority shall be determined by the principle provisions of seniority in all cases of transfers, promotions, layoffs and recallsthis Article. In all cases, however, ability to perform the work in Seniority shall be on a satisfactory manner and qualifications will be a factor in designating the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plantschool district-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position basis within the bargaining unit, he/she will have unit and defined as from the option to bump date of the least senior employee in completion of the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positionsprobationary period. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in forceconflicts arising due to identical employment starting dates ranking shall occur by the last four digits of the respective Social Security numbers, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at one with the contractual rate higher number being given a higher seniority rank. For example: Driver ▇▇. ▇ ▇-▇-▇▇ ▇▇# ▇▇▇-▇▇-▇▇▇▇ Driver No. 2 9-1-75 SS# ▇▇▇-▇▇-▇▇▇▇ Seniority of pay Bus Aides: Seniority of Utility Worker II.
2. Stewards bus aides shall be deemed to have top separate and distinct from seniority of drivers with no ranking between the two listings for any purpose under the purpose terms of this Section (C)Agreement. Whenever an aide becomes a driver or vice versa, so long as they are able to do seniority shall be from the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if date the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to loses his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only position. This seniority date shall be for all purposes except for those benefits dependent on seniority which shall continue based on original employment date. The entry date shall then become seniority ranking date for promotion, bidding, layoff, etc. Subject to this limitation, other provisions of the Article shall apply. The Dispatcher’s and dispatcher substitute’s seniority shall continue to accrue as a driver until such time that he/she leaves the bargaining unit.
2. Seniority shall be a required principle in determining promotions. Ability and job experience shall also be considered.
3. Seniority of an employee within the bargaining unit is in force as long as he/she is in the employment of the Board.
4. Seniority shall be granted for time spent away from the job for service with the United States Armed Forces.
5. An employee returning from service with the Armed Forces of our country within ninety (90) days of the date of a discharge under honorable conditions shall be granted the privilege of exercising his/her seniority within the bargaining unit.
6. The seniority for each job classification shall be brought up to date once a year and a copy sent to each employee.
7. In regard to transfer or promotions out of the bargaining unit, an employee who is transferred or promoted to a position under the Employer not included in the bargaining unit shall be given a trial period of up to thirty (30) calendar days, during which time he/she shall be entitled to transfer back to his/her former job status and location. His/Her seniority will continue to accumulate during this time. In the event the employee remains on the job beyond the trial period, his/her accumulated seniority on his former job will be frozen as of the date of completion of his trial period. In the event he/she desires to return to the bargaining unit after the thirty (30) day trial period and there is a vacancy, he/she shall be reinstated in the same group classification within the bargaining unit that his/her accumulated seniority within the bargaining unit entitled him/her to exercise full seniority from that date on.
8. An employee shall lose his/her seniority for the following reasons:
a. He/she quits.
b. He/she is discharged for a just cause.
c. He/she is absent for three (3) days without notifying the appropriate administrator.
d. He/she fails to return from an authorized leave on the date specified.
e. He/she is laid off for a period in excess of his/her accumulated seniority at time of layoff.
9. The seniority of an employee shall not be lost because of an approved absence. An employee on personal leave, after one (1) calendar year of accumulating seniority on such leaves, shall have the accumulation frozen for any future leaves.
10. An employee who is displaced by another employee with greater seniority shall have the right to select the assignment in the bargaining unit for which he/she qualifies by seniority.
11. There shall be no seniority among probationary employees. Upon completion of probationary period defined in Article 32, the employee shall be entered on the seniority list of the new jobbargaining unit and shall rank for seniority from the date the Board formally approves the permanent hiring at its first regularly scheduled meeting following the completion of the probationary period.
12. LikewiseTransportation aides who wish to move into the driver classification must request the transfer in writing to management and the union. Once his/her request is granted, if he/she must get a physical examination, begin training, have a CDL certification and be registered in school for school bus drivers. Once an aide begins his/her probationary driving period, he/she can no longer work as an aide and must work sixty (60) working days as a probationary driver. On the position which first day after the probationary period ends, seniority as an aide shall be frozen and seniority as a driver shall begin. Anytime during the probationary period, the employee left was filled, that employee will may return to his/her former aide position without recourse with no loss in seniority as an aide.
13. Any driver who wishes to the grievance procedure. It is agreed that if a new hire was placed move into a transportation aide position which must request the transfer in writing to management and the union. Once the request is being reclaimedgranted, the Authority has the right to retain such employee driver shall begin training as an aide. Once a driver begins his/her probationary period as an aide he/she may no longer work as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare driver and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within must work thirty (30) working days as a probationary aide. On the first day after hire.
H. During the probationary period ends, seniority as a layoff, if driver shall be frozen and seniority as an aide shall begin. Anytime during the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” positionprobation period, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right may return to fill the temporary “substitute” his/her driver position with a nonunion worker for the duration of the absence without union benefitsno loss in seniority.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. A. It is hereby agreed that the parties hereto recognize and accept the principle of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affected.
B. The seniority of an employee 12.01 Seniority is defined as the length of continuous uninterrupted service and will be acquired when an Employee has completed forty-five (45) days worked.
12.02 Such seniority will date from the most recent date of hire that an Employee actually commenced work for the Residence and will accumulate thereafter. Employees will be regarded as an Authority employee dating back to his/her last probationary Employees until they have acquired seniority as above. All Employees will accrue vacation based on their date of hire. All part time Employees will progress on the wage grid at 1800 hours = 1 year; and full time will progress by date of hire.
C. The parties hereto 12.03 In the case of promotion, layoff and recall, seniority shall recognize apply providing the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she Employee concerned has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unitskill, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, ability and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability qualifications to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside normal requirements of the bargaining unit, that employee job.
12.04 Seniority lists containing the names of all Employees will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards official Union Bulletin Board in January and July of each year. Such lists will show provide the employees’ namesEmployee’s name, classifications classification, date of hire and seniority dates.
G. The Authority shall notify the Union of all newly-accumulated hours paid for those hired bargaining unit employees within after June 6, 1995. Employees will have thirty (30) calendar days after hirefrom the date on the seniority list to notify the Residence, in writing, of any errors, changes and/or additions, unless Employee is absent for this period. Thereafter, the list as posted or amended shall be deemed accurate.
H. During 12.05 The Residence will supply the Union Committee member with sufficient copies of the seniority list as well as forwarding a copy to the Local Union Office.
12.06 An Employee shall lose her seniority and be deemed terminated in the event she:
(a) resigns or retires;
(b) is laid off for a period in excess of thirty-six (36) calendar months;
(c) is absent from work for three (3) working days without a satisfactory reason;
(d) fails to report for work as scheduled upon the termination of a leave of absence, unless she notifies the Employer with proof it was not reasonably possible to do so;
(e) fails to respond within five (5) days of receiving a notice of recall from layoff, if the Authority offers a full-time, laid-off employee sent by registered mail of her intention to return to work within the unit time frame noted therein;
(f) is absent due to illness or non-compensable disability for a temporary “substitute” position, the employee accepting this position will remain period in the union excess of thirty-six (36) months;
(g) is absent while in receipt of Workplace Safety and will receive the contract wage and uninterrupted Insurance Board benefits for a period of the afforded jobthirty (30) months.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. A. It is hereby agreed that the parties hereto recognize and accept the principle of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority Seniority for the purpose of this Section contract shall be calcu lated by continuous service from the last date of employment (except as otherwise provided). Seniority list for all full time employees and a separate list for all part time employees shall be set up by the Employer and shall be furnished to the Union upon request. Seniority areas governing this Agreement are outlined in Exhibit “ C), so long ,” attached hereto and made a part hereof. Seniority shall prevail in the following instances in the manner as they are able to do the available work in a satisfactory manner and have the proper qualificationslisted hereafter.
B. The Employer agrees to give a week’s notice or a week’s pay in lieu of a week’s notice to full time employees with six (6) months service and three (3) days’ notice or three (3) days’ pay to part time employees with twelve (12) months service who are laid off due to lack of work. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions All employees like wise shall give a week’s notice prior to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedureintended resignation. It is mutually agreed that if a after termination notice has been given by either party, no new hire was placed into a position which is being reclaimed, request for sick benefits shall be granted.
C. Employees laid off due to the Authority has store closing or reduction of employment shall be laid off by order o f the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside most recent hired and shall be rehired in the reverse order of the bargaining unitlayoff, that with due consideration given job classification. Employees laid off and subsequently recalled within six (6) months will retain former seniority. Employer agrees to go beyond the seniority areas in the case of full time layoffs in distressed areas. How ever, Employer will decide what store to transfer the employee will to. There shall be able no bumping by seniority.
1. Full time employees to return to his/her former position only within be laid off shall have option of part time employment, and shall be placed at the ninety (90) day probationary period top of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a part time seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff periodlist, or if call backs are refusedmay take a complete layoff. They shall have right of recall on any full time opening, provided they can do the Authority work. Full time employees reduced from full
1. This Agreement shall not be construed as restricting taime to part time through no fault of their own will retain the right sales representative from inspecting any and all merchandise of his respective company for spoilage or replacement, nor shall it apply to fill the temporary “substitute” position with initial special displays unless they have a nonunion worker for the duration of the absence without union benefitstend ency to become constant or too often.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. A. It is hereby agreed SENIORITY RATING
11.1 Seniority in the Local 1041 bargaining unit shall commence and accumulate from the point in time that an individual was appointed to a frontline foreperson's and/or frontline supervisor's position with the parties hereto recognize and accept the principle City of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affected▇▇▇▇▇▇▇▇ and/or any predecessor municipality.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back 11.2 Those Employees who are promoted or appointed to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time temporary position within the bargaining unit, he/she unit will accrue seniority within the bargaining unit for time served. Employees who are promoted or appointed to the same vacancy on a permanent basis through the posting process as set out in this agreement will have previous time served from the option aforementioned temporary assignments added to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumpedtheir seniority.
b. If 11.3 Employees with less than one-hundred and twenty (120) calendar days continued service with the employee who is being laid off has not previously held a full-time position within Employer, in the bargaining unit, will be considered probationary. Such Employees shall attain seniority rights only after completion of such probationary period. Notwithstanding anything to the contrary contained in this Agreement, the Employer shall have exclusive right to discharge Employees within the first one-hundred and twenty (120) calendar days of their employment, and such discharge may not become the subject of any grievance under the provisions of this Agreement.
11.4 Notwithstanding 11.1 above, for the purposes of vacation entitlement an Employee's length of service shall commence and accumulate from the date on which he/she will have entered the option service of the Employer.
11.5 The Employer agrees to bump compile quarterly, a seniority list showing the least senior employee names of all Employees, each Employee’s number, the date of hire and the respective seniority dates. Copies of the said listing shall be delivered to the Secretary of the Union and President.
11.6 Protests regarding seniority standing must be submitted by the Union in writing to the Director of Labour Relations within sixty (60) calendar days from the date seniority lists are posted. When proof of error is presented by an Employee or his/her representative, such error shall be corrected, and when so corrected, the agreed upon seniority date shall be final. No change shall be made in the Utility Worker classification provided that existing seniority status of any Employee unless concurred with by the laid Union. LOSS OF SENIORITY
11.7 Seniority will be lost and the employment relationship will be terminated if an Employee:
(i) Dismissal for just cause, or
(ii) Voluntary resignation in writing, or
(iii) Failure to report for work within a period of four (4) calendar days after confirmation of recall and further seven (7) calendar days after sending a notice by registered mail to return to work; or
(iv) Absence without leave, or
(v) A lay off employee has more plant- wide seniority than the Utility Worker being bumpedextending continuously for a period of twelve (12) months.
c. All full-time employees 11.8 Upon the date of ratification of the Collective Agreement, seniority within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards CUPE 1041 shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after determined alphabetically by surname when two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions more Employees start date within the bargaining unit, unit is the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employeesame.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. A. Section 1. The Employer shall use the factors of experience, qualifications, capabilities and seniority in awarding promotions to employees when filling newly created or vacated positions. Where two or more candidates for a position are determined to be equivalent in experience, qualifications and capabilities, then the more senior shall be appointed. It is hereby agreed that the intention of the parties hereto recognize and accept to this Agreement that preference in promotions shall be granted to persons already employed.
Section 2. Lay-offs caused by reduction in force shall be in order of seniority; that is, the principle of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability employee last hired shall be the first released except when there is no available qualified personnel left to perform carry out the work in a satisfactory manner and qualifications will be class, in which case management can retain a factor in designating the employee qualified person with less seniority. Employees who are scheduled to be affected.
B. The seniority released shall be given at least 10 working days’ notice. All recalls to employment shall likewise be in order of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines seniority; that a layoff or rehiring is necessaryis, the last person hired employee released as a result of reduction in a job classification affected force shall be the first one rehired when the Employer needs additional employees. The Employer shall notify such employees to be laid offreturn to work and furnish the Federation a copy of such notification; and if the employee fails to notify the Employer in writing within 5 calendar days of his/her intention to return to work, and the last person laid off such employee shall be the first considered as having forfeited his/her right to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualificationsre-employment.
a. If an Section 3. Seniority shall be computed from the date the employee who is being laid off has previously held a full-time position began regular uninterrupted service with the Employer within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If Section 4. Employees whose seniority dates are the employee who is being laid off has not previously held a full-time position within the bargaining unitsame shall have their respective seniority rank determined alphabetically by last name, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumpedfirst name, and then middle initial.
c. All full-time employees within Section 5. Within 30 calendar days after the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoffdate of signing this Agreement, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority Employer shall prepare and forward furnish to the Union Federation sufficient copies of a seniority list roster of all employees by classification hereunder, so that the Federation may distribute them to its members.
A. Such roster shall at least include: numerical seniority rank assigned; name of each employee, and by length of service with the Authority. The seniority list date.
B. Such roster shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority datesrevised every six months if necessary.
G. The Authority shall notify C. Employees may protest their seniority designation through the Union of all newly-hired bargaining unit employees within thirty (30) days after hireusual grievance procedure if they have cause to believe an error has been made.
H. During a layoffSection 6. Seniority shall be broken by discharge for cause or voluntary termination, if the Authority offers a full-time, laid-lay- off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff periodwhich exceeds six calendar months, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence leave without union benefitspay which exceeds six calendar months.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. A. It is hereby agreed that 1. On October 1 and June 1 of each year the parties hereto recognize Board shall provide the Association with a seniority list for each member of the bargaining unit. The list shall contain the names and accept the principle dates of all employees who hold seniority in all cases the bargaining unit.
2. Such employees shall have thirty (30) calendar days to request necessary corrections. After thirty (30) calendar days, the Association President shall sign and deliver to the Board an approved copy of transferssaid list. After said list is signed and delivered to the Board, promotions, layoffs the list shall become the official seniority list and recallsshall not be subject to grievance. Any employee who objects to their seniority date shall put their objection in writing before the thirty (30) calendar day time limit.
3. In all casesthe event that more than one (1) individual has the same last date of hire according to the aforementioned seniority list, howevera drawing shall be held to determine position on the seniority list. The Association and the employees so affected shall be notified in writing of the date, ability to perform time, and place of the work in drawing. The drawing shall be conducted openly and at a satisfactory manner time and qualifications place which will be a factor in designating the employee reasonably allow affected employees and Association Representatives to be affectedin attendance.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her 4. Seniority shall be measured from last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessaryThat date (adjusted, the last person hired in a job classification affected shall be the first one to be laid offif need be, and the last person laid off shall be the first to be recalled in accordance with their the following principles) shall become the seniority date and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request number for bid for the laid off each employee.
d. While under a layoff5. Employees who have, if a Utility Worker position becomes availablesince their last date of hire, and no Utility Worker employee is had approved leaves of absence without pay for more than thirty calendar days for reasons other than service with the Armed Forces of the United States shall not lose seniority nor gain additional seniority while on layoffsuch leave. Upon return, they shall accrue seniority at the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on point where they left off at their plant senioritydeparture.
e. In 6. Employees on leave of absence to serve with the event Armed Forces of any layoffs or reductions the United States will accrue seniority if given an honorable discharge and return to work in force, all employees hired before July 28, 2000, who exercise their right accordance with Michigan Laws relating to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker IIVeterans.
27. Stewards shall be deemed Employees who leave the bargaining unit to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to accept other positions within in the bargaining unit, the Authority District shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon not lose seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is nor gain additional seniority while not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside member of the bargaining unit, that employee will be able to if he/she returns within sixty (60) calendar days of departure. They shall accrue seniority at the point they left off at their departure. Said employees who do not return to his/her former position only the bargaining unit within sixty (60) calendar days shall lose all previously accrued seniority and be removed from the ninety (90) day probationary seniority list.
8. Employees on layoff shall retain, but not accrue, seniority during the entire period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority datessaid layoff.
G. The Authority 9. Leaves of absence, voluntary and involuntary transfer, and/or promotions shall notify not interrupt continuous service, which means employment in the Union school's service without break or interruption.
10. Leaves of all newly-hired bargaining unit employees within absence without pay of less than thirty (30) calendar days after hireand leaves of absence with pay shall not interrupt continuous service nor be deducted from seniority.
H. During 11. Leaves of absence without pay in excess of thirty (30) calendar days, except for extended service with the Armed Forces of the United States, shall be deducted beginning with the thirty-first day of leave. Days deducted will be limited to days when regular school is in session. Such deductions will apply in computing total service but shall not serve to interrupt continuous service.
12. No paraprofessional will receive service credit for duties performed prior to date of hire in this unit.
13. Seniority will be based on the last date of hire as a paraprofessional. Paraprofessionals who quit and are subsequently rehired shall start at Step #1 of the appropriate pay rate.
14. Employee shall lose his/her seniority for the following reasons:
a) Quit.
b) Is discharged and the discharge is not reversed through the grievance procedure.
c) Is absent for three (3) working days without notifying the employer. The employer will notify the employee by certified letter at their last known address that they have been terminated. The Association President will receive a copy of the certified letter.
d) Does not return to work when recalled from a layoff as set forth in the recall procedure.
e) In the event of a layoff, if employees will be dropped from the Authority offers a full-timeseniority list when layoff exceeds length of seniority or after three (3) years, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded jobwhichever is greater.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. A. It is hereby agreed that (a) An employee’s length of service in the parties hereto recognize bargaining unit will determine an employee’s seniority. Current or former bargaining unit members who have, prior to 1997, accepted promotion to a supervisory position, may step down from the supervisory position to the bargaining unit and accept will be deemed not to have interrupted their length of service in the principle of seniority in all cases of transfers, promotions, layoffs and recallsbargaining unit. In all cases, however, ability the event a bargaining unit member accepts a transfer or a promotion to perform the work in a satisfactory manner and qualifications will be a factor in designating an excluded position the employee to be affected.
B. The seniority of an shall not accrue seniority. However, the employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to shall retain his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one right to be laid off, and the last person laid off shall be the first return to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, heprovided the leave has not exceeded one (1) year, and have his/she her seniority date reinstated from the date they accepted the new position.
(b) An employee’s length of continuous service with the Employer will have the option to bump the least senior employee in the classification the determine an employee’s vacation entitlement, severance pay and other applicable Company benefits.
(c) An employee’s continuity of service shall be broken, seniority lost, and employment terminated when he or she:
i) voluntarily terminates his or her employment;
ii) is laid off employee once held; provided that by the laid off employee has more plant-wide seniority than Employer for a period exceeding thirty (30) consecutive months;
iii) fails to report for work within fourteen (14) days after being notified by the employee Employer of recall following layoff;
iv) is terminated for just and sufficient cause;
v) fails to be bumpedreport for work after the end of an authorized leave of absence without providing a satisfactory reason.
b. If (d) The Employer shall maintain a mutually agreed seniority list showing the employee who is being laid off has date upon which each employee’s service commenced. An up-to-date seniority list shall be sent to the Union annually not previously held a full-time position within later than March 31st of each year. The seniority list as at the bargaining unit, he/she date of signing of this collective agreement will have be appended to the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumpedagreement as Appendix B for information purposes only.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. (e) In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back transferring from another department to the position from which he/she came. Likewiseproduction department, if his or her seniority will begin the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside day of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new jobtransfer. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by Other length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority datesrights are not affected.
G. The Authority shall notify (f) Employees who have the Union of all newly-hired same start date in the bargaining unit employees within thirty (30) days after hireshall have their seniority determined by their Company seniority.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. A. It is hereby agreed that 1. In the parties hereto recognize case of layoffs due to reduction in force, both seniority and accept qualifications within job classification shall govern. Qualifications as used in this Article shall mean the principle ability to do the remaining work required under this Agreement. Layoffs shall occur only after due notification to the Union and bargaining with the Union. In reduction of forces, in preference to layoff of seniority in all cases of transfersemployees, promotionsprobationary and temporary employees, layoffs and recallsincluding summer hires, shall be laid off first. In all cases, however, ability to perform case of an anticipated layoff the work in a satisfactory manner and qualifications Union will be notified in writing at least thirty (30) days prior to the anticipated date and the Union will be furnished with a factor in designating list of the employee employees to be affected.
B. The laid off and their seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. . Employees shall have at least three (3) days’ notification of the pending layoff. The parties hereto shall recognize Employer may give the principle employee pay in lieu of plant-wide seniority as follows:
1such notice. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected No new employee shall be the first one to be laid off, and the last person hired until all laid off shall be employees with seniority rights have been given the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able opportunity to return to his/her former position only within the ninety (90) day probationary period of the new jobwork. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedureRecalled employees may retain any severance pay awarded or their seniority but not both. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority Complaints regarding layoffs shall prepare and forward be submitted in writing to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hireof layoffs and if it be proved that the procedure for layoff outlined herein was violated or the wrong employee was laid off, that employee shall be called back to work and compensated for all wages lost following the registering of the complaint.
H. During 2. Any employee who has been employed in the same building for a layoffperiod in excess of six (6) months and has been laid off shall have the right of recall, if within job classification, provided the Authority offers period of lay off does not exceed six (6) months. Recall shall be in the reverse order of classification seniority. The Employer shall notify the employee of appropriate job vacancies and a full-timecopy of such notice shall be sent to the Union. The employee shall have five (5) working days to accept the job in writing. Upon recall, laid-off full seniority status shall be credited to the employee. If the employee within does not accept the unit a temporary “substitute” positionjob, the employee accepting Employer shall have right to hire new employees in accordance with the terms of this position will remain Agreement. Probationary and temporary employees shall have no lay off or recall rights.
3. In filling vacancies or newly created positions at a particular site in the union bargaining unit, preference shall be given to those employees already employed in the building based upon the employees’ seniority. Training, ability, efficiency and personality for a particular job shall also be considered.
4. Employees who are unable to perform their job because of illness or injury shall retain their seniority and position for up to ninety (90) days. Employees with five years or more of seniority will receive the contract wage and uninterrupted benefits be permitted to retain it for 120 days. The only payment required of the afforded job.
I. If the Authority is Employer for employees unable to perform their duty because of illness or injury shall be payment of Pension, Health Benefit, and Legal Services contributions. The aforementioned contribution shall not within a layoff period, or if call backs are refused, the Authority will retain the right to fill be required on behalf of the temporary “substitute” position with replacement. Temporary employment described herein shall be credited to the employee’s trial period in the event that he is hired as a nonunion worker for the duration of the absence without union benefitsregular employee.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. A. It is hereby agreed that the parties hereto recognize and accept the principle of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority Seniority for the purpose of this Section contract shall be cal culated by continuous service from the last date of employment (except as otherwise provided). Seniority list for all full time employees and a separate list for all part time employees shall be set up by the Employer and shall be furnished to the Union upon request. Seniority areas governing this Agreement are outlined in Exhibit “ C), so long ,” attached hereto and made a part here of. Seniority shall prevail in the following instances in the man ner as they are able to do the available work in a satisfactory manner and have the proper qualificationslisted hereafter.
B. The Employer agrees to give a week’s notice or a week’s pay in lieu of a week’s notice to full time employees with six (6) months’ service and three (3) days’ notice or three (3) days’ pay to part time employees with twelve (12) months’ service who are laid off due to lack of work. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions All employees like wise shall give a week’s notice prior to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedureintended resignation. It is mutually agreed that if a after termination notice has been given by either party, no new hire was placed into a position which is being reclaimed, request for sick benefits shall be I) granted. W \
C. Employees laid off due to the Authority has store closing or reductiofiVA.'V* of employment shall be laid off"by ordcf'O f 't'ne most recent hired and shall be rehired in the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside reversed order of the bargaining unitlayoff, that employee 7 ’C ^Zrl with due consideration given job classification. Employees laid off and subsequently recalled within six (6) months will be able retain former seniority. Employer agrees to return go beyond the seniorityj^p??-}' areas in the case of full time layoffs in distressed areas. H ow y*« v, ever, Employer will decide what store to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which transfer the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure’ \ to. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list There shall be posted on no bumping by seniority. TI— —
1. Full time employees to be laid off shall have option o6 f( s y part time employment, and shall be placed at the bulletin boards and will show the employees’ names, classifications and top of the
1. This Agreement shall not be construed as restricting paart time seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff periodlist, or if call backs are refusedmay take a complete layoff. They • sales representative from inspecting any and all merchandise of his respective company for spoilage or replacement, the Authority will retain the right nor shall it apply to fill the temporary “substitute” position with initial special displays unless they have a nonunion worker for the duration of the absence without union benefitstendency to become constant or too often.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. A. It is hereby agreed that 15:01 An employee will be considered on probation and will not acquire seniority until the parties hereto recognize and accept employee has worked for a total of ninety (90) working days for the principle Employer, when their seniority shall commence from the date of last hiring.
15:02 The Employer agrees to observe the seniority of employees in all cases of connection with promotions, demotions, transfers, promotionslayoffs, layoffs and recalls, insofar as it is practicable to do so, providing their other qualifications are relatively equal. In all cases, however, ability Promotions to perform supervisory positions shall not be subject to the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affectedprovisions of this Agreement.
B. The seniority of 15:03 When an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and they shall have the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior option of displacing an employee is able to do the available work in a satisfactory manner, and provided that he/she lower classification providing the employee has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position more seniority in terms of service within the bargaining unit, he/she will have unit than the option to bump the least senior employee in the lower classification except for apprentices. It is understood that when an employee exercises this option, they shall be paid the laid off employee once held; provided that rate for the laid off employee has more plant-wide seniority than the employee to be bumpedlower classification.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. 15:04 In the event of a tie in seniority between two or more employees, the Employer will interpret seniority standing for layoff purposes by ranking such employees by date of commencing work as a Temporary Journeyman Locksmith immediately prior to the date of last hiring. In the event that this ranking also produces a tie in seniority between two or more employees, the Employer will then interpret seniority standing for layoff purposes by ranking such employees in alphabetical order.
15:05 A seniority list by classification will be prepared and forwarded to the Union office on or about the 30th day of November during the term of this Agreement.
15:06 An apprentice shall not acquire seniority until the employee has 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 the employee was initially employed as an apprentice. All other rights and privileges under the Collective Agreement with the exception of Articles 14:01, 15:01 15:02, 15:03, 32:01, and 35:01 shall apply to apprentice Electricians.
15:07 Employees who continue to be employed by the Employer in an acting position outside the bargaining until shall, subject to the approval of the Union, continue to acquire seniority for the duration of the acting appointment. The employee may return to their normal duties at any layoffs or reductions time upon request. In the event of a layoff of an employee with greater seniority than that of the seniority held by the employee in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker acting position, the employee in the acting position shall do so be considered to be laid off in the bargaining unit. An acting position shall be defined as a period not to exceed one year. This period may be extended by mutual agreement to a maximum of one (1) additional year.
15:08 An employee shall lose all seniority and be deemed terminated if the employee:
a) voluntarily quits, resigns or retires the employ of the University;
b) is justifiably discharged;
c) has been laid off for more than twenty-four (24) consecutive months;
d) following a layoff, fails to advise the Employer within five (5) working days of receipt of notice to return to work of their intention to return, or fails to report for work on the date and at the contractual rate of pay of Utility Worker II.time specified in the said notice; or
2. Stewards e) in absent from work for five (5) consecutive working days without notifying the Employer, and providing a reasonable explanation for such absence, in which case the employee shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service resigned their employment with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority datesEmployer.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. A. It is hereby agreed that 9.01 An employee’s seniority date shall be the parties hereto recognize and accept most recent date of hire in the principle of seniority in all cases of transfers, promotions, layoffs and recallsbargaining unit. In all cases, however, ability The employees shall be subject to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last twelve (12) calendar month probationary period following such date of hire.
C. . The parties hereto shall recognize probationary period may be extended, by mutual agreement of the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, Port and the last person laid off Union, if the probationary employee has been absent due to bona fide illness or other legitimate reason. Employees that are separated from employment before the completion of their twelve (12) month probationary period shall not be subject to recall rights as outlined in Section 9.02 of this Article. An employee promoted to a position within the first Police Department that is outside the Police Specialist bargaining unit may choose to be recalled in accordance with their seniority and their classification; provided return to the more senior employee is able Police Specialist unit if he/she fails to do successfully pass the available work in a satisfactory manner, and provided probationary period for the promotional position. After receiving notice that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position not successfully passed probation, within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than five (5) business days the employee to be bumped.
b. If must notify the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless Administrative Division Manager of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able intent to return to his/her former prior position only within in the ninety (90) day probationary period of the new jobunit. Likewise, if the position which the employee left was filled, that Such employee will return to have his/her former position without recourse seniority in that classification restored to the grievance proceduresame level accrued prior to leaving. It An employee who is agreed that if terminated for misconduct is not eligible to return to the Police Specialist bargaining unit under the terms of this Article.
9.02 Seniority shall prevail in the event of a new hire was placed into a position which is being reclaimedlayoff; thus, the Authority has last employee hired into the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, bargaining unit shall be the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service first laid off. Employees laid off in accordance with the Authorityprovisions of this Article will be eligible for rehire in the inverse order of layoff for a period of one (1) year following layoff. The Employees recalled pursuant to this provision retain their seniority list based on their original date of hire into the bargaining unit, but no seniority or any benefits shall accumulate during the time that the employee was on layoff. However, employees that are separated from employment before the completion of their probationary period shall not be subject to recall rights as outlined in this Article.
9.03 In the event of an imminent reduction in force, written notice shall be posted provided to each employee scheduled for layoff at least fourteen (14) days prior to termination.
9.04 Seniority shall be a primary consideration when making job assignments. However, based on the bulletin boards skills and will show qualifications of the employees’ namesemployee, classifications and seniority datesmanagement may require particular employees in specific job assignments.
G. The Authority 9.05 Shift preference and vacation scheduling shall notify be done so that seniority is the Union of all newly-hired bargaining unit employees within thirty (30) days after hireprimary consideration. Vacation scheduling and shift bidding shall be by Department Policy and Procedures.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain 9.06 Seniority shall only be broken in the union and will receive the contract wage and uninterrupted benefits event of the afforded job.
I. If the Authority is not within a layoff periodretirement, voluntary quit, discharge for just cause, leave of absence exceeding six (6) weeks, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.layoff exceeding one
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. A. It is hereby agreed that the parties hereto recognize and accept the principle of 10.1 A seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications list will be posted by the Company for a factor in designating period of fourteen (14) calendar days within one (1) month after the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose signing of this Section (C)Agreement. Except as otherwise modified elsewhere in this Agreement, so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers seniority shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by on total length of service with the AuthorityCompany. After such posting, the list shall become final as to the employees’ names and dates designated on it, except as to any employee who has disputed the accuracy of his seniority date while the list is posted, in which case it will be subject to adjustment under the Grievance Procedure if established to be inaccurate. The seniority list shall will be brought up-to-date every six (6) months and a copy will be given to the Unit Chairperson and a copy posted on the bulletin boards and will show the employees’ names, classifications and seniority datesboard.
G. The Authority 10.2 An employee’s seniority will be lost and the employee shall be deemed terminated if he:
(a) quits the employ of the Company for any reason;
(b) is discharged and is not reinstated through the grievance procedure or arbitration;
(c) is laid off for a continuous period exceeding the length of his seniority at the time of layoff or a period exceeding twelve (12) months, whichever comes first;
(d) fails to notify the Union Company of his intention to return to work within five (5) working days of his being notified of recall from layoff, or fails to return to work within five (5) working days of being notified of such recall. An extension of these time limits may be granted by mutual agreement between the Company and the Union. An employee shall be deemed to be notified of recall on the day following the posting of a registered letter to that effect addressed to the employee’s most recent address on the Company’s files; NOTE: It shall be the responsibility of the employee to keep the Company informed of his current address.
(e) is absent for three (3) consecutive working days without notifying the Company with a reason satisfactory to the Company; or
(f) retires.
10.3 Subject to Article 10.4, in all newlycases of layoff or recall, senior employees shall be entitled to preference provided they have the immediate ability and qualifications to perform the available work.
10.4 Notwithstanding Article 10.3, employees on a bid job may not be bumped in the case of layoff or movement to on call status. The Unit Chairperson shall be exempt from layoff or on call status from his/her classification so long as there is work which he/she can perform satisfactorily. (If the Unit Chairperson is a driver their seniority will be exercised by bumping the most junior tramp driver.)
(a) When creating a new bid or filling a permanent bid (other than under Article 10.6), seniority will apply where the ability and qualifications of the applicants for promotion are relatively equal and are sufficient for the vacancy to be filled. Such openings will be posted for three (3) working days to give interested employees an opportunity to apply. Notwithstanding the above, employees outside the Maintenance Department shall not be eligible to apply for postings in the Maintenance Department and vice versa, unless specifically authorized by the Company.
(b) Employees who wish to be considered for transfer to a non-hired bargaining unit employees within thirty (30) days after hireposition may place a written statement of such wishes on file with the Company annually.
H. During (c) An employee who bids into a layoff, if the Authority offers different classificiation resulting in a full-time, laid-junior employee being laid off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in that classificiation until the union following annual bid. This shall not prevent the employee from bidding within the new classification during this period.
(a) On the first Tuesday following Labour Day, the Company agrees to the posting of all bid jobs that have been established stating, where applicable, the class, type of truck and will receive the contract wage and uninterrupted benefits starting time. The posting shall remain on the bulletin board from 12:00 o’clock noon, Tuesday, the day of the afforded posting, until 12:00 o’clock noon Friday, following the date of the posting. The jobs shall take effect no later than the fifteenth (15th) working day from the Friday the posting is removed. For clarity, the parties agree that bid jobs will be done based on starting time and not by runs or areas. Drivers will be assigned their daily trips by the dispatch department determined by seniority and qualifications.
(b) After September of each year when a permanent job bid is reposted for any reason whatsoever, no employee who is currently on a permanent bid at the time of the posting shall then have the right to exercise his seniority for the posted job. Notwithstanding the above, a tramp driver or an employee on a permanent job bid who did not have the opportunity to the posted bid in September, or a laid off or “on call” employee who has permanently lost his bid, may now have the opportunity to the posted job.
I. If (c) Licensed motor mechanics, licensed trailer mechanics and tiremen may not exercise their seniority for any bid jobs, except in the Authority is not within event of a layoff periodcomplete, or if call backs are refusedpermanent closure of the maintenance department, when they may exercise their seniority for any bargaining unit position pursuant to Article 10.3.
(d) At the time for the annual job bid, the Authority Company shall each day post on the bulletin board what starting times have been taken and by whom.
(e) Out of town starting drivers will retain be notified of job bids under 10.05 and 10.06(a).
(f) The Company will provide the right to fill the temporary “substitute” position Union with a nonunion worker copy of the job bids.
(g) Current bids which require a change in starting time at the Customer’s or Company’s request shall first be offered to the employee presently holding such bid. If that employee refuses, the bid will be considered a re-posted bid under Article 10.6(b).
10.7 Employees shall be selected and allocated to the annual job bid in order of seniority, provided that the employee has the qualifications for the duration job. An employee shall be called by seniority to select the particular job of the absence without union benefitshis choice.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. A. It is hereby agreed that the parties hereto recognize and accept the principle of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, Company and the last person laid off shall be Association adopt the first to be recalled in accordance with their seniority list, effective January as attached at Appendix A. This seniority list supersedes all previous seniority lists, which are declared null and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a void. Each new full-time position within Flight Crew Member hired into the bargaining unit, he/she Company will have be assigned a seniority number. Such number will be appended to the option to bump end of the least senior employee in appropriate section of the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positionscurrent Seniority List. The Union determination of seniority number will submit a request for bid for recognize current employment with other Skyservice divisions or companies. A new Flight Crew Member transferring to the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff airline division will be afforded recall rights to awarded the Utility Worker position regardless lowest (most senior) seniority number within any group of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees Flight Crew Members hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2simultaneously. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after Where two (2) years and severance pay or more Flight Crew Member’s of the same status have the same date of hire, their relative seniority on the seniority list will be issued at this time.
D. For promotions to a higher position or transfers to other positions determined by the Company once all Flight Crew Members within that group have completed their initial The Director of Flight Operations will notify the bargaining unitAssociation of all new Flight Crew Member’s names, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon their seniority and ability to perform the work and qualificationsnumbers, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside their dates of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authorityhire. The seniority list shall be posted on the bulletin boards and will show the employees’ namesCompany will, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days of the first day of July of each year, or at any time significant changes have occurred, furnish all Flight Crew Members with a Pilot’s and Flight Engineer’s Seniority List. A copy of this list will be posted on a suitable bulletin board. Such list will contain, in order of seniority, the names of all Flight Crew Members in each category and their respective date of hire. Protest in regard to seniority standing shall be submitted to the Director of Flight Operations in by the Flight Crew Member concerned within thirty (30)days of the date of posting. If a Flight Crew Member is on vacation, sick leave, or is out of the country when such a list is published, he shall have fifteen (15) days after hire.
H. During a layoffhis return to duty, if or until the Authority offers a full-timeend of the thirty (30) day period, laid-off employee whichever is later, to register such protest. If no protest is brought to the attention of the Director of Flight Operations within the unit a temporary “substitute” positionspecified time period, the employee accepting this position will remain in the union Seniority List as posted shall be considered as final and will receive the contract wage binding, and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff periodno longer subject to challenge. However, or if call backs are refusedby mutual agreement, the Authority Company and the Association shall have the power to correct errors at any time. Seniority protests that cannot be satisfactorily resolved shall be processed through the grievance procedure. The appropriate Flight Crew Member Seniority Number will govern all Flight Crew Members in case of reduction of force, vacation preference, their bidding of monthly blocks, their assignment or reassignment due to expansion or reduction in schedules equipment, their recall from furlough, and their choice of vacancies except as outlined in Article REDUCTION IN FORCE, FURLOUGH AND RECALL. Flight Crew Members transferred to non-flying or supervisory duty will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefitsand accrue their seniority provided that all necessary licenses are maintained.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. A. It is hereby agreed that 7.1 The Board shall provide the parties hereto recognize OPEA with an up-to-date seniority list by October 15 and accept April 1 of each year. The list shall include names of all members of the principle of Bargaining Unit, whether on leave, layoff, or active employment, in the rank order based on seniority as defined in all cases of transfersthis Agreement, promotionsdegree status, layoffs certification/endorsement, and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affectedcurrent assignment.
B. 7.2 The seniority Board shall provide the OPEA with a list of an employee is defined as non-bargaining unit professional personnel who have previous service in this bargaining unit. The list shall include the length names of continuous uninterrupted service as an Authority employee dating back to hisall such persons, the previous seniority, degree status, and certification/her last endorsement.
(a) Seniority shall date from the teacher's most recent date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside member of the bargaining unit. When a teacher resigns, that employee will be able to all seniority is lost.
(b) To receive seniority credit for a month, a teacher must work until on or after the fifteenth (15th) of the month or return to his/her former position only within work on or before the ninety fifteenth (9015th) day probationary period of the new jobmonth. LikewiseShould the fifteenth (15th) of a month be a non-scheduled work day, if the position which teacher must work the employee left was filled, that employee will return to his/her former position without recourse last scheduled work day prior to the grievance procedurefifteenth (15th) of the month or return the first scheduled work day after the fifteenth (15th) of the month. It is agreed that if Seniority credit shall not be added or deducted for July and August.
(c) For a new teacher hired before June 15, 1998, date of hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee shall be as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union per a seniority list of employees by classification and by length of service with the Authority. The seniority list shall to be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within established thirty (30) days following the implementation of the master agreement. The OPEA and administration shall establish said seniority list. The parties shall use the most current seniority list and establish tie-breakers where more than one person has the same date of hire. Teachers shall have the opportunity to provide proof of alleged errors in the list prior to the thirty (30) days expiring. Corrections to the seniority list shall be made if errors are proven to exist. Once the thirty (30) day time limit has passed, both parties shall sign an agreement that recognizes the seniority list as accurate and official. Both parties shall receive three (3) copies of the list with the signed agreement attached. Once signed, the list shall not be amended, nor can grievances be filed to amend it. A teacher hired after hireJune 15, 1998, shall have their date of hire be their first day worked as a contract teacher.
H. During (d) Time spent on layoff or unpaid leaves of absence shall be blanked out for purposes of counting seniority credit except as provided in Articles 16 and 17 of this agreement. Seniority, as defined in Article 7, and seniority lists, may be amended due to leaves of absence which last more than a layoffyear. Corrections on the seniority list due to layoff or leave shall be provided to the association.
7.4 Any teacher who is appointed to an administrative or department chairperson position after September 15, if 1980, will retain previously accumulated seniority but shall not accrue seniority while in that position. Those persons in such positions prior to the Authority offers a full-timeabove date shall continue to accumulate seniority in the unit.
7.5 In the case of equal seniority, laid-off employee within teachers will be ranked based in order of the unit a temporary “substitute” positionfollowing:
(a) Prior contract teaching in Oak Park.
(b) Substitute teaching, in Oak Park, where those having substituted the most days would have the greater seniority.
(c) The last four (4) digits of their social security number. In the event that more than one teacher has the same four (4) digits, the employee accepting next digit to the left would be used until the tie was broken. The higher the number the greater the seniority.
(d) In both (a) and (b) above, credit for prior teaching or substituting shall be given by the district on a form signed by the member and by administration at the time the member’s individual contract is signed. Once signed, this position will form, or the information contained therein, shall be deemed to be accurate and cannot be amended. It shall not be grievable. The administration shall require all new hires to sign the form and it shall be kept as part of the teacher’s personnel file.
7.6 The OPEA president shall have greater seniority than other members as defined and found in Articles 13.1(b), 13.2 and 13.5. Said super-seniority applies to these articles only and shall remain in effect during the union and will receive time the contract wage and uninterrupted benefits of individual holds office as OPEA president. After leaving office, s/he shall have the afforded jobseniority defined as related to any position s/he holds in the district.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. A. It is hereby agreed that (a) In all layoffs and promotions the parties hereto recognize ordinary rules of seniority shall be applied, taking into account also the ordin ary rules of fitness for the work involved and accept the principle practicability of applying the rules of seniority in all cases of transfersthe particular case, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will (b) Seniority shall be a factor in designating the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her calculated from last date of hire, (c) For the purpose of determining increases within rate ranges, an employee shall be credited for a full week’s seniority for any part of a week worked.
C. Section 2. Employees laid off and subsequently rehired by the Employer within six (6) months of the layoff date shall retain their former seniority. Employees laid off on account of ill health shall retain their seniority for a period of twelve (12) months.
Section 3. The parties hereto Company agrees to furnish the Union each contract year with a separate seniority list of all employees indicating their employment date.
(a) First Grocery Clerks, First Produce Clerks, Head Meat Cutters, Night Shift Heads, Head Cashiers, Dairy Department Heads, and First Meat Cutters shall recognize not be subject to bumping.
(b) In order for bumping to occur a bona fide job opening (defined to mean: an opening created by quit, discharge or retirement) must exist. Bumping may also occur in the principle case of plant-wide layoff.
(c) When there is a reduction or layoff in the work force, Company seniority as follows:
1. When shall govern and a qualified employee with seniority shall have the Authority determines that a layoff or rehiring is necessaryright to displace the least senior em ployee of the same job classification within first, the last person hired store, then within a ten mile radius of the store. If there is no junior employee within a ten mile radius, then such employee shall have the right to either displace the nearest junior employee working in the same job classification in a job classification affected shall be store outside the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump ten (10) mile radius or displace the least senior employee working within a ten (10) mile radius in either depart ment ( (1) Meat, (2) Grocery-Produce), in a classification with the classification same or a lower authorized rate. The Junior employee so displaced shall have the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumpedsame job rights until all possibilities have been exhausted.
b. If (a) Any employee returning from the employee who is being laid off has not previously held a full-time position within military service shall be put back on the bargaining unitregular job he had when leaving for military service subject to the provisions of the Universal Military Training and Service Act, provided he/she can reasonably perform the functions of the position, with all across-the-board increases or less any across-the-board deductions that may have become effective during his/her absence. Because on-the-job experience and application are the predominating factors in upgrading within a rate range, military service itself will have not qualify an employee for automatic promotion within such rate range, but same shall be based on payroll service only.
(b) Average weekly hours worked prior to entering military service will determine the option position to bump the least senior which an employee is assigned upon returning from such service, it being understood, however, that this will not constitute an indefinite guarantee of weekly hours in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumpedcase of part time employees.
c. All full-Section 6. Layoff Procedures, (a) The Company will in form the Union at least one (1) week in advance of proposed layoffs; should Company fail to provide such notice, employee shall be compensated one (1) week’s normal straight time employees within pay (or appropriate pro rata fraction thereof) for the unit who are laid off will have week (or frac tion thereof) not included in advance notice. Union will, in turn, notify the right to bid on available positionsCompany three (3) days in advance of proposed bumping where such is across departmental lines. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker bumping employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will must be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able qualified to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. A. It is hereby agreed that the parties hereto recognize and accept the principle of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affected.
B. 6.01 The seniority of an each “regular” employee is defined shall be as set forth in the length present seniority lists.
6.02 An employee, upon completion of a probationary period of four (4) months’ continuous uninterrupted service as an Authority employee dating back to shall have his/her last name placed on the appropriate seniority list as of the date four (4) months prior to the date of hirecompletion of such probation.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected 6.03 Seniority shall be recognized within seniority lists as set out in the first one appendix to this Agreement, but may only be changed by mutual agreement.
6.04 Should a probationer be laid offoff during his/her probationary period, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.shall receive preference over
a. If an employee 6.05 A probationer who is being laid off has previously held and is rehired as a full-time position within probationer will be required to serve the bargaining unitregular probation- ary period of four (4) months of continuous service. How- ever, he/she will have receive an adjustment in his/her pay to the option to bump “regular” rate when he/she has served the least equivalent of the unexpired portion of his/her first probationary period.
6.06 Within each seniority group in the matter of promo- tions, demotions, layoffs and recalls after layoffs, seniority shall govern provided the senior employee in has the classification ability and physical fitness to perform the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee work. The Employer shall continue its present practice with respect to be bumpedjob post- ing.
b. If 6.07 An employee shall lose his/her seniority for any of these reasons:
(a) if an employee is discharged for just cause;
(b) if an employee voluntarily leaves the employ of the Employer;
(c) if an employee fails to notify the Employer accepting return to work within seventy-two (72) hours of recall notification by registered mail at the last address on file with the Employer, and failure to report to work within seven (7) days of acceptance of recall.
6.08 An employee who is being laid off has transferred from positions not previously held a full-time position within subject to the provisions of this Agreement, shall, if trans- ferred to the bargaining unit, hehave his/she her name placed on the seniority list and shall outrank any new addition to the list made under the provisions of Section 3 and at the end of twelve (12) months will have be given seniority equivalent to his/her total service with the option Employer, to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumpedbe effective when a vacancy exists.
c. All full-time 6.09 The Guaranteed Wage Plan, which is a supplement to this Agreement, is intended to provide assistance for those eligible employees within the unit who have one (1) or more years of seniority who are laid off will have as a result of the right application of the above clause, and it is not to bid on available positions. The Union will submit a request for bid for the laid off employeebe construed as authoriza- tion to alter existing layoff and recall provisions.
d. While under a 6.10 Persons hired as regular employees after March 21, 1988 who have achieved seniority and who are not yet ▇▇▇- gible for participation in the Guaranteed Wage Plan will, upon permanent layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights eligible to the Utility Worker position regardless receive an amount of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions equal to a higher position or transfers to other positions within one (1) week of regular pay for each completed year of service as of the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to original date of his/her former position without recourse to the grievance procedurelayoff. It is agreed that if a new hire was placed into a position which is being reclaimedUpon receipt of such severance pay, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to em- ployee’s employment is terminated and his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employeeseniority and other rights under this Agreement are cancelled.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. A. It is hereby agreed that 9.01 The Employer shall maintain a list of all Bargaining Unit members on staff with the parties hereto recognize and accept the principle Employer in order of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affectedacquired seniority.
B. The seniority of an employee is defined as 9.02 Seniority shall be the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the AuthorityEmployer or its predecessor Employers as a Teacher of the Secondary Bargaining Unit from the first day worked after last being hired. Any approved absence including layoff with recall rights shall not be considered an interruption of continuous service.
9.03 The seniority list shall be ordered such that the most senior teacher is at the top of the list and the most junior is at the bottom.
9.04 The seniority list shall be made available electronically with an electronic copy forwarded to the President of the Bargaining unit no later than March 1st of each school year.
9.05 On the seniority list, teachers shall have identified their first day worked after last being hired, their assigned workplace and their entitlement.
9.06 Errors in the calculation of a teacher’s seniority shall be brought to the attention of the Employer and the Bargaining unit in writing by the Teacher within ten (10) working days of the posting of the list.
i) Any such error shall be resolved in (a) meeting(s) between the Bargaining Unit and the Employer
ii) Such changes shall be recorded in writing and an amended seniority list established and posted electronically with an electronic copy forwarded to the President of the Bargaining unit within twenty (20) working days of the initial posting of the list.
iii) Subsequent changes to the list so established shall indicate only additions and deletions to the list.
9.07 Newly hired teachers shall be added to the seniority list based on their first day of work and tie breaking criteria as outlined in 9.08.
9.08 Should a tie occur based on the bulletin boards and will show first day of work, the employees’ names, classifications and seniority dates.
G. The Authority following criteria shall notify be used to break the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layofftie, if necessary:
i) total years of secondary teaching experience with the Authority offers a full-time, laid-off employee within Employer or its predecessor Employers; THEN
ii) total years of teaching experience with the unit a temporary “substitute” positionEmployer or its predecessor Employers; THEN
iii) total years of secondary school teaching experience in Canada; THEN
iv) total years of secondary Long‐Term Occasional teaching experience in Canada; THEN
v) total years of experience recognized for pay purposes as per article 5; THEN
vi) by lot conducted by the Director of Education or designate and the Bargaining Unit President or designate. The above criteria shall be applied and shown on the seniority list in advance for all teachers identified in clause 9.05. In applying the above criteria, the employee accepting this position will remain steps shall be applied in order as required until the union and will receive the contract wage and uninterrupted benefits of the afforded jobtie is broken.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
SENIORITY. SECTION A. It is hereby agreed Seniority shall be defined for the purpose of this Agreement to mean the length of an employee’s service with the Board. Seniority for employees hired on the same date shall be determined by lot.
1. Secretaries with previous secretarial-clerical experience in the Saginaw Public School System may, at the discretion of the Board, if they are hired back into the School System, be restored to the same step level on the salary schedule at which they left if they have been continuously engaged in a secretarial-clerical field on a full-time basis.
2. Secretaries with previous secretarial-clerical experience in the Saginaw Public School System, if they are hired back into the School System, who have not been continuously engaged in a secretarial-clerical field on a full-time basis, may at the discretion of the Board, be placed at any level on the salary schedule, provided that said level shall in no case be higher than the parties hereto recognize level at which they left.
3. The provisions of Section A1 and accept 2 above shall apply only to those employees leaving of their own volition, that is, to those employees who have given the principle Board at least two weeks’ advance written notice before the effective date of their termination of employment.
4. Any employee who has been discharged or has lost his/her seniority pursuant to Section D, will, if rehired by the School district, be subject to a six-month probation period.
5. Those secretaries rehired by the Board and who have lost their seniority pursuant to Section D of this article, shall, in all cases aspects except for salary credit purposes, per Subsection 1 and 2 above, be considered to be a probationary employee and shall be so covered under the terms and conditions of transfersthis Agreement.
SECTION B. New employees shall be subject to a probationary period of one hundred (100) working days of employment which must be completed within six (6) months in which work is scheduled. During the probationary period, promotionsthe Board shall have the sole right to discharge,
1. The Association will represent probationary employees for the purpose of collective bargaining in respect to rates of pay, layoffs wages, hours of employment, and recallsother conditions of employment as set forth in Article 1 – Recognition of this Agreement.
2. Upon hiring, new employees will receive a copy of the collective bargaining Agreement. Additionally, the Board will notify new employees of their completed probationary period.
3. If a current Board of Education employee moves to the Secretarial Association, they will be paid for any holidays (listed in this Agreement) that may occur during their probationary time.
SECTION C. Probationary employees shall be considered as terminated rather than laid off in the event of a reduction in work force. There shall be no requirement for the Board to rehire. In the event they are rehired at a later date, they shall then be treated for all casespurposes of this Agreement as a new employee.
SECTION D. An employee shall be terminated and lose his/her seniority rights if he/she:
1. Quits without proper notification as defined in Section A3 above.
2. Is discharged and not reinstated.
3. Is laid off for a period of two (2) years or the length of his/her seniority whichever is less.
4. Fails to report for work within five (5) days following recall from layoff, howevernotice of said recall to be by telegram or registered mail.
5. Is absent without a reasonable excuse for two (2) consecutive working days without notice to the Board of such excuse within the two (2) days.
6. Fails to return from a leave of absence at the designated time, ability without reasonable excuse acceptable to perform the work in a satisfactory manner and qualifications will Board.
SECTION E. It shall be a factor in designating the responsibility of each employee to notify the Board of any change of address or telephone number. The employee’s address as it appears on the Board’s records shall be affectedconclusive when used in connection with layoffs, recalls, or other notices to employees.
B. SECTION F. The seniority of an employee is defined as shall continue to accumulate while absent because of injuries covered by the length Workers’ Disability Act during a prolonged and continuous absence for a period of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after up two (2) years and severance pay will be issued at this time.
D. For promotions due to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety injuries. After two (902) day trial periodyears, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to retain his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employeeseniority standing but will no longer accumulate additional seniority.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 2 contracts
Sources: Collective Bargaining Agreement, Collective Bargaining Agreement
SENIORITY. A. It Seniority is hereby agreed that only applicable within the parties hereto recognize and accept terms of a contract year. Administrative seniority shall be determined by the principle first date of current full-time continuous employment within each administrative category (e.g., principal, director). Time spent in an acting position is included in seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work only when an administrator is placed permanently in a satisfactory manner and qualifications will be a factor position/category in designating the employee to be affectedwhich s/he earlier had acting status.
B. The seniority of ▇. ▇▇ administrator who has earned tenure as a teacher in the District and who has not been non- renewed or terminated through evaluation or has not received an employee is defined as the length of continuous uninterrupted service as assignment in an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority administrative position (acting administrator) has rights and privileges as follows:
1. When The administrator shall retain all the Authority determines that rights of a layoff certified employee of the District s/he earned as a tenured teacher for the cumulative total years of service in the District should s/he be voluntarily or rehiring is necessary, involuntarily returned to a position on the last person hired in a job classification affected District teachers' salary schedule.
2. Any teacher who shall be the first one transferred to be laid offan administrative position and later returned to a teacher status shall retain such rights as s/he may have had as a teacher prior to such transfer to administrator, and to full credit for total experience in the last person laid off District.
C. Effective January 1, 2000, a classified employee who moves to an administrative position shall move to the following conditions:
1. Upon movement from one employee group to another, any accrued vacation that exceeds the limit established in the Handbook/Agreement for his/her current position shall be paid in full to the first employee.
2. Upon acceptance of a position as a classified administrator the employee will receive an administrative seniority date as outlined in the Administrators Handbook. He/she will retain his/her original hire date as a classified employee in the District. Therefore, seniority dates will be established in each classification and not carried from one classification to be recalled another.
3. The employee retains her/his longevity but it does not move to the new group.
4. Accrued sick leave/leave days will move with the employee.
5. This language applies to all employees past and present.
i. An administrative employee who has held a permanent classified position in accordance the District immediately prior to moving to the administrative position (with their seniority and their classification; provided the more senior employee is able to do the available work no break in a satisfactory manner, and provided service) may place his/her name on any job title (s) that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off District on a permanent basis as a classified employee once held; provided that the laid off employee has more plant-wide seniority than the employee should they be involuntarily returned to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positionsclassified position. The Union will employee must submit a request for bid for to Talent Division within three (3) work days after initial notification to determine their current seniority in the laid off employeeDistrict.
d. While under ii. The employee will complete a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff PR-14 which will be afforded recall rights verified and reviewed by Talent Division to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent determine if the employee is not recalled after two (2) years and severance pay meets all position qualification requirements. Failure to meet all of the qualifications or to provide the information stated above will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, disqualify the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to having his/her former position without recourse name placed on the requested seniority job title list.
6. An employee is subject to all regulations outlined in the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to Handbook/ Agreement for his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employeecurrent position.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 1 contract
SENIORITY. A. It 10.01 For the purpose of this Agreement, seniority is hereby agreed that the parties hereto recognize and accept the principle of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affected.
B. The seniority of an employee is defined as the total length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hireOfficer.
C. The parties hereto shall recognize 10.02 If two or more Officers have the principle of plant-wide same seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessarydate, the last person hired in a job classification affected eldest shall be deemed to have the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualificationsmost seniority.
a. If 10.03 The Company will prepare and post on appropriate bulletin boards, by January 15 of each year, listings showing the seniority of Officers. One copy of these listings will be sent to the Guild.
10.04 In the event an employee who Officer is being laid off has previously held promoted to a full-time position within the outside this bargaining unit, he/she will have the option continue to bump the least senior employee accrue seniority provided he/she has maintained his/her membership in the classification Guild.
10.05 An Officer shall lose his/her seniority standing and shall have his/her name removed from all seniority lists in any one of the following cases:
a) Where the Officer voluntarily quits;
b) Where the Officer is discharged for cause;
c) Where the Officer is laid off employee once held; provided that and fails to return to work within fifteen (15) days after the Company has delivered written notice to him/her and to the Guild by prepaid registered post advising him/her to return to work;
d) Where an Officer has been laid off employee has because of lack of work for a continuous period of more plantthan twenty-wide seniority than the employee to be bumpedfour (24) months.
b. If 10.06 In the employee who is being laid off has not previously held a full-time position selection of Officers for promotion within the bargaining unit, he/she will have the option to bump the least senior employee where ability and qualifications are equal, seniority in the Utility Worker classification provided that acting position will be the laid off employee has more plant- wide seniority than the Utility Worker being bumpeddetermining factor.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff10.07 Notwithstanding any other provisions contained in this agreement, the Authority will Company may at its discretion promote a Company Officer in order to fill a temporary vacancy for a period not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section exceeding sixty (C60), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two but at or before expiry of that sixty (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (9060) day trial period, the employee will be placed back to Company shall fill the position from which he/she came. Likewise, if vacancy in accordance with the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if express provisions of this agreement.
10.08 When a new hire was placed Officer is hired by the Company, and is to be trained in a lower rank, he will not displace another existing Officer from his regular position or Tour of Duty in such a manner that would affect the normal income of the existing Officer. An existing Officer’s leave will not be carried further into a position which the hole than normally contemplated without the Officer’s consent. This may require the Officer that is being reclaimed, trained to be carried aboard the Authority has the right to retain such employee vessel as a nonunion “substitute employeesupernumerary.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 1 contract
Sources: Collective Bargaining Agreement
SENIORITY. A. The recognizethat job opportunity and security shall increase in to length of service. It is hereby therefore agreed that the parties hereto recognize and accept the principle of seniority in all cases of transfersvacancy, promotionsvacation preference, layoffs promotion, demotion, transfer, layoff, after layoff, cell and recalls. In all casesshift preference, however, senior employees shall be entitled to preference provided they have the ability and physical fitness to perform the work available work. For the purposes of a layoff, from layoff or job posting, qualifica- tions will not be taken into consideration. The intention of providing preference in a satisfactory manner and qualifications will be a factor in designating this article is for the senior employee to have preference among available openings or options at the timeof a layoff or recall layoff. Senior employees entitled to preference will not be affected.
B. The seniority of an employee entitled to “bump” employees in exercisingtheir preference. To “bump” is defined as the length of continuous uninterrupted service as an Authority employee dating back displacing existing employees who are not otherwise affected by a work- force reduction. During a workforce reduction only affected employees willbe entitled to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide exercise their seniority as follows:
1to select among available openings or options. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be employees have been laid off, and the last person laid off they shall be the first to placed on a recall and when work is available they shall be recalled in order of seniority and with respect to ability and willingness to perform the job available. An employee will be considered probationary for his first sixty (60)working days within a one hundred and twenty (120) day and will have no seniority rights during that period, and his employment may be terminated at any time during such probationary period. After sixty (60)working days’ service within the one hundred and twenty (120) day period his seniority shall date back to the date sixty (60)work- ing days within the one hundred and twenty (120) day prior to the date on which he completed his probationary period. Seniority shall terminatewhen an employee: Voluntarily quits for any reason; Is discharged and is not reinstated throughthe grievance procedure or arbitration; Has been on layoff for a period equal to his to a maximum of thirty (30) months; Failsto respond to recall within three (3)working days and present himself within five (5) days. Notification of recall will be by registered mail to the employee’s last address registered with the Company and a copy of such notice shall be sent to the Union; Fails to return to work immediately afterthe expiration of a leave of absence, unless prevented from so doing by verified illness or without reasonable and substantialjustification; Is absent from work for a period of three(3) consecutive working days without previously notifying the Company, unless there was reasonable and substantialjustification for failure to such notice; Is absent from work for a period of three (3) consecutive working days without leave, unless there was reasonable and substantialjustification for such absence; Is not at work for a continuous period of thirty (30)months for any reason unless on approved leave of absence in accordance with their seniority and their classification; Article or as otherwise provided for by law. During emergency situations, including interferenceswith the more senior employee is able Company operations, beyond the control of the Company which cause a layoff reasonably anticipated by the Company to do last for a period not in excess of one (I) working day, the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will Company shall have the right to bid on available positionswaive the provisions of this Article. The Union will submit a request for bid for the Company shall give at least five (5) working days notice whenever reasonably possibleto any employee laid off employee.
d. While under for a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the positionperiod in excess of five (5) working days. Other employees who are on layoff Seniority lists will be afforded recall rights revised every three (3) months and a copy of the list will be posted on the plant bulletin board. A copy of the list will be given to the Utility Worker position regardless Union. Seniority as referred to in this Agreement shall mean service in the employ of classificationthe Company within the bargain- ing unit, based provided that persons hired on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards same day shall be deemed to have top listed in accordance with Company hiring records. Each employee’s seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner date and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay job classification will be issued at this time.
D. For promotions to listed. Once per year a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make copy of such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on mailed to the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits area office of the afforded jobUnion. Such list shall contain the employee’sjob classification, current rate of pay and the employee’s latest address and telephone number on file with the Company.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 1 contract
Sources: Collective Bargaining Agreement
SENIORITY. A. It is hereby agreed that Section 1 There shall be established a Seniority list by classification seniority of the parties hereto recognize regular Officers of the Fire & Rescue Department and accept said list shall be brought up-to-date by the principle City on or before January 15th of each year. Said list shall immediately be posted on a bulletin board in each Fire Station for a period of not less than thirty (30) days, and a copy of same shall be mailed to the Secretary of the Association. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired.
Section 2 Any laid-off or terminated Officer who withdraws from the State's retirement system shall automatically lose his/her seniority rights.
Section 3 In matters affecting promotion, demotion, and/or transfers of Officers within the Department, the determination of an Officer's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration:
a) Has the physical qualification to do the work, as prescribed in all cases Section 21 of transfersthe Procedural Memoranda, promotions, layoffs and recalls. In all cases, however, ability Administration;
b) Has experience related to perform do the job;
c) Performs the work in the manner required by the City;
d) Cooperates with supervisors and other Officers and observes rules and regulations;
e) Protects the property and interest of the City;
f) Maintains harmonious relations with peers and subordinates;
g) Has a satisfactory manner positive attitude towards advancement and qualifications will the assumption of additional responsibility; Collective Bargaining Agreement IAFF Local 2909 FY09 - FY11
h) Any new Officer positions shall be offered to regular permanent Officers first;
i) There shall be no re-testing for any permanent position existing as of the effective date of this Agreement unless the position being tested for entails a factor change in designating the employee to be affectedjob function.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to Section 4 An Officer may refuse a penmanent promotion in his/her last date line of hireprogression. He/she then forfeits his/her rights to that position until all other Officers have had an opportunity to accept or refuse. This shall not affect the Officer's current rank nor his/her seniority, and shall not be held against the Officer in any way for future promotions.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired Section 5 Promotional examinations and/or evaluations conducted to fill vacancies in a job classification affected positions covered by this agreement shall be the first one to be laid off, and the last person laid off shall be the first to be recalled conducted in accordance with their seniority and their classification; established departmental regulations. Such regulations may be amended from time to time by the department provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hirenotice is given prior to the amendment(s) taking effect.
H. During Section 6 When an employee is promoted to a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” Lieutenant position, such employee shall receive an hourly pay rate that is equal to or greater than three percent (3%) above their subordinates pay rate, provided such rate does not exceed the employee accepting this position will remain in maximum rate for the union and will receive the contract wage and uninterrupted benefits Lieutenant position.
Section 7 Lateral transfer of the afforded jobDeputy and Assistant Chief positions will be allowed for incumbents at the date of signing of this Agreement, thereafter it will be subject to the department's promotional procedure.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 1 contract
Sources: Collective Bargaining Agreement
SENIORITY. A. SECTION 1 All new hourly employees covered by this Agreement shall be considered temporary until they have worked thirty (30) calendar days for the Company on a job included in the bargaining unit. The thirty (30) calendar days worked may be extended an additional fifteen (15) calendar days by the Company notifying the Union Committee of their intention. If at the end of this probationary period the employee's services are found satisfactory his/her seniority shall then date from the first day of his/her employment. It is hereby understood and agreed that the parties hereto recognize Company may, at its sole discretion, terminate the services of any employee before the expiration of his/her probationary period and accept neither the principle of Union nor the employee shall have the right to process a grievance over any such termination or discharge. Such separation notices shall read "did not satisfactorily pass probationary period."
SECTION 2 All hourly rated employees who have acquired a seniority in all cases of transfersstatus shall work on a straight plant-wide seniority basis with the Company, promotions, layoffs and recalls. In all cases, however, providing the employee has the ability to perform the work available.
SECTION 3 In the laying off of employees or in the recalling of laid off employees the elected and installed Union Committee of the Local Union, not to exceed a total of three (3), shall hold seniority rights over all other employees, including stewards for the period of their elected term of office. This Section applies only to the Union Committee who are employees of the Company and further applies only in the case of layoff. Should employment increase to the extent that a Lodge is reestablished of Imperial Electric Company employees, the language shall revert back to that of the 1978-1981 Agreement.
SECTION 4 In decreasing the working force within a department group, the elected and installed ▇▇▇▇▇▇▇ within the department group shall hold seniority rights over all other employees, except the Union Committee described above, and working foremen, providing the ▇▇▇▇▇▇▇ can perform the work which is available. The Section applies only in cases of permanent layoff and a departmental ▇▇▇▇▇▇▇ shall not have the right to hold any particular job in his/her department over an employee with more seniority. Neither shall he/she have the right to exercise seniority preference in any department group other than the one in which he/she serves as ▇▇▇▇▇▇▇ -The elevator products group shall have one ▇▇▇▇▇▇▇. -The P.M. products group shall have one ▇▇▇▇▇▇▇ -The second shift shall have one ▇▇▇▇▇▇▇, third shift shall have one ▇▇▇▇▇▇▇. When any of the above groups reaches 20 employees, a reassignment of an existing ▇▇▇▇▇▇▇ should be made to reduce the number of employees per ▇▇▇▇▇▇▇, but no new stewards other than mentioned above will be acme
SECTION 5 Nothing in Sections 3 and 4, shall obligate the Company to retain in their employ any Union official or ▇▇▇▇▇▇▇ who is not qualified to perform the work available. The provisions of Sections 3 and 4 apply only to those officers and stewards whose names appear on the latest roster submitted by the Union to the Company.
SECTION 6 In the event of a permanent layoff, all employees shall be laid off in reverse order to that in which they were hired except as provided in Sections 3 and 4 above. However, it is understood and agreed that nothing in this Section of this Article shall obligate the Company to continue the employment of any employee who cannot perform the work available in a satisfactory reasonably efficient manner. In such a case where an employee bumps an older employee with less seniority, the Company has the right to make the decision to let the employee do so according to experience and ability to do the job with no responsibility to train the employee for the job that he/she is bumping into.
SECTION 7 When re-hiring takes place, all former employees who have acquired seniority status and who have been laid off will be recalled in the reverse order to that in which they were laid off, providing the recalled employee can do the work available.
SECTION 8 Departmental layoffs, not to exceed five (5) working days, can be made at the discretion of the Company. Such layoffs shall be restricted so that any one employee shall not be given more than three (3) temporary layoffs totaling fifteen (15) working days during any contract year. Seniority shall not be applicable in cases of temporary layoff, however, it is agreed that a Union ▇▇▇▇▇▇▇ or committee man shall be retained on any floor during a period of temporary layoff, providing other employees represented by the Union are working on that floor.
SECTION 9 In the event a job is created or a vacancy occurs, the new job or vacancy will be filled either under the provisions of Section 18 or Section 19 of this Article. However, in cases where layoffs or cut-backs are in progress, employees affected will move back to their former job or a job that they can perform in a reasonably efficient manner and qualifications will be a factor in designating accordance with their seniority. In such cases the employee to be affectedjob posting procedure outlined under Section 19 shall not apply.
B. The seniority of SECTION 10 If an employee is defined as transferred under the length provisions of continuous uninterrupted service as an Authority SECTION 9 above, the Company shall not be obligated to give the employee dating more than a thirty (30) calendar day trial period. If at the end of this thirty (30) calendar day period the Company feels that the employee is not qualified to do the work, then the employee shall be transferred back to his/her last date of hireformer job classification.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected SECTION 11 Seniority shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid broken for the laid off employeefollowing reason: A. Voluntarily quitting.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 1 contract
SENIORITY. A. It is hereby agreed (a) An employee, other than a student hired for the vacation period, shall acquire seniority status after being in the employ of the Company for a probationary period of two hundred and seventy days.
(b) Seniority shall govern in the case of a lay-off which the Company expects to remain in effect for more than seven days provided employees are sufficiently qualified. No individual employee will be laid off for more than a total of 14 days in a year without applying his / her seniority rights, notwithstanding the Company‟s ability to implement the seven day lay-off without applying said employee‟s seniority. Sufficiently qualified shall be deemed to mean that the parties hereto recognize and accept the principle of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability employee is qualified to perform the work normal duties of his / her job classification. For equally qualified employees seniority shall govern in the case of a satisfactory manner and qualifications will be transfer or promotion to a factor in designating the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she which the Company expects to remain in effect for more than thirty days. It is understood that where employees are not equally qualified preference will have be given to the option best qualified. Qualifications acquired during the period of a transfer or promotion made under the temporary provisions of this clause shall be disregarded in making a permanent adjustment. Where the temporary adjustments contemplated above occur and subsequently become permanent or exceed the stipulated time limits, the provisions of this clause shall apply immediately but such application shall be without retroactive effects. Copies of the Job Posting and Lay-Off Procedure are available to bump the least senior employee in Union and will show the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positionsestablished lines of progression and retrogression. The Union will submit a request for bid for Company agrees not to revise the laid off employee.
d. While under a layoffProcedure during the term of this Agreement. However, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights any addition to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, Procedure shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall not be deemed to have top be a revision but will be discussed and reviewed with the Union. After moving through the lines of retrogression and before lay-off, an employee will be assigned by the Company according to the employee‟s seniority for and subject to the purpose first paragraph of this Section clause, to the lowest classification of any job progression, other than the Manufacturing Service Person job progression, (C), so long as they are able and such assignment may be to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if that classification occupied by the employee with the least seniority of all the employees in the bottom classifications of the lines of progression) or, if there is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions no such classification available to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial periodemployee, the employee will be placed back assigned to one of the position following classifications, in the following order based on said employee‟s seniority: Manufacturing Service Person, Service Person, Services Trainee, Janitor, Hiree. Seniority shall govern in the case of a lay-off from which he/she camethe classification of Manufacturing Service Person, Service person, Services Trainee, Janitor, and Hiree.
(c) For the purposes of this agreement seniority shall be calculated from the date an employee first enters the bargaining unit under this Collective Agreement with the Company or its predecessor. LikewiseEmployees who leave the bargaining unit for any reason shall maintain and continue to accumulate seniority for the total period of his / her subsequent employment with the Company or its predecessor. Seniority so acquired shall be lost on termination of employment. However, accumulated seniority shall be restored upon re-employment if such termination was due to lay-off or the position from which expiration of leave of absence for illness or accident provided the lapse of time between the date of termination for such reasons and the date of re-employment does not exceed eighteen months.
(d) Seniority shall terminate and an employee shall cease to be employed by the Company if:
i) the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if absent from active employment for a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of twenty- four (24) months calculated from the new job. Likewise, if period the position which absence commenced.
ii) the employee left was filled, that employee will return to his/her former position is absent for three (3) consecutive working days without recourse to notifying the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration Company of the absence and providing reasons satisfactory to the Company for such absence.
(e) When employment offers are made, employees who were laid off during the preceding six (6) months and who are qualified for the job or jobs available shall be recalled on the basis of seniority accumulated prior to layoff. The Company shall be under no obligation to recall a laid off employee unless said person has filed a current address and telephone number with the Company for this purpose, can be reached when the opportunity for recall arises and is available for work when required. In the event that a laid off employee fails to accept recall the Company may consider that said person no longer wishes to be recalled for work.
(f) The Company agrees to post seniority lists showing the seniority status of each employee and to furnish a copy of such lists to the Union.
(g) The Company agrees to alter the seniority lists at least every four months and to correct any errors therein whenever proof of error is submitted by the Union or any employee. No change shall be made in the seniority status of an employee without union benefitsconsultation with the Union.
Appears in 1 contract
Sources: Collective Bargaining Agreement
SENIORITY. A. It is hereby agreed that the parties hereto recognize and accept the principle of seniority in all cases of transfers, 20.01 In promotions, layoffs and recallsrehires, preference shall be given to employees with greatest seniority of service with the Company, subject to the condition that consideration be given to skill, ability, and the employee’s capability for promotion to higher occupations. In all casesThe initial decision in such matters to be the responsibility of the Management. The application of this Clause is subject to the grievance procedure.
20.02 (16 Jul 04) When an employee is laid off due to a lack of work, howeverhis service record with the Company will not be broken, ability and will not be interrupted for up to perform twelve (12) months of his length of recall, whichever is less, providing he returns to work within seven (7) days of notification. After he accumulates the work in a satisfactory manner and qualifications additional seniority up to twelve (12) months, his service will not be broken but will be interrupted until he is recalled, providing he returns to work within seven (7) days of notification. An employee’s recall rights will be for twenty-four (24) months or equal to his seniority whichever is less. It is the responsibility of the laid off employee to keep the employment office advised of his current address and telephone number. An employee’s participation in the various benefit plans will be suspended during the period of layoff unless otherwise provided in each individual plan. However when recalled, the employee will be entitled to continue his participation in these plans without having to submit to the waiting period prescribed in each plan.
20.03 When a factor man is hired from outside or in designating promotions within a department, or in the case of permanent transfers from one department to another, if the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety senior man, the Company will present the name of its selectee to the Union concerned at least five (905) days before the appointment is made. If necessary, the senior employee concerned shall be given a ten (10) day trial periodperiod on the promotional job. If unable to qualify for the position, he will be returned to his former position with full seniority.
20.04 If, in the opinion of the Union, the employee will be placed back decision of the Management appears to the position from which he/she came. Likewisehave been unjust, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has they shall have the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of appeal the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse decision to the grievance procedureGeneral Manager who will review all relevant facts and make a decision. It If his decision is agreed that if a new hire was placed into a position which is being reclaimedunsatisfactory, the Authority has signatory Union concerned shall have the right to retain such employee as a nonunion “substitute employeerefer the matter for settlement through the procedure provided in Section 39 for handling complaints and grievances.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 1 contract
Sources: Collective Bargaining Agreement
SENIORITY. A. It is hereby agreed that the parties hereto recognize and accept the principle of seniority in (a) In all cases of transferstransfer or promotion, promotionsthe following factors shall be considered:
i) skill, ability, experience and qualifications;
ii) seniority. Where the criteria of factor (i) are relatively equal, factor (ii) shall govern. Any applicant refused a position may ask for the reason for such refusal.
(b) For the purpose of layoffs and recalls, seniority will be considered separately for Public Health Nurses, Registered Nurses in the Public Health Program. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines event that a layoff or rehiring reduction of the nurse force is necessaryrequired within a classification, the last person hired in a job classification affected shall be the first one Board agrees to be laid lay off, subject to seniority, part-time nurses before full-time nurses and the last person laid off shall to be employed will be the first to be recalled in accordance with their seniority and their laid off. When recalling nurses after layoff within a classification; provided , those last to be laid off will be the more senior employee is able first to do be recalled. The Board agrees to inform the available work in a satisfactory manner, and provided that he/she has Association of the proper qualificationsnames of all nurses so laid off or recalled.
a. If (c) In the event a nurse is displaced as a result of the closure of an employee who is being laid off has previously held office, it shall be treated as a layoff. The affected nurse may exercise her seniority rights under Article 6.1 (b) and Article 6.3 (b) shall not apply.
(d) In the event of a pending layoff of a permanent or long term nature, the employer will:
i) provide the union with sixty-five (65) calendar days’ notice of layoff;
ii) meet with the Local Association’s negotiation team and the Labour Relations Officer for discussions regarding impending layoffs; and,
iii) provide no less than sixty (60) calendar days’ notice of layoff to the individual nurse(s), which may run concurrently with the notice to the Union.
(e) All part-time and full-time position within nurses represented by the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded given a job opportunity in the full-time and part-time categories before any new nurse is hired into either category.
(f) Full-time and part-time layoff and recall rights to the Utility Worker position regardless of classification, based on their plant seniorityshall be separate.
e. In (g) Any agreement between the event Employer and the Union concerning the method of any implementation of layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into will take precedence over the Utility Worker position, shall do so at the contractual rate terms of pay of Utility Worker IIthis Article.
2. Stewards shall be deemed (a) Subject to have top seniority for the purpose of this Section 6.2 (Cd), so long as they are able to do seniority shall commence and accumulate from the available work in date on which a satisfactory manner and have nurse was employed by the proper qualificationsEmployer.
3. Layoffs will become permanent if (b) i) Seniority is to be retained and accumulated when a nurse is absent from work under the employee is not recalled after two following circumstances: - injury or illness covered by WSIB up to one (21) years and severance year; - illness for up to twelve (12) consecutive months; - approved leave of absence without pay will be issued at this time.
D. For promotions for a period of up to one (1) month; - paid leave of absence; - parental leave up to one (1) year; - education leave to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety maximum of six (906) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employeeconsecutive months.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. A. It is hereby agreed that the parties hereto recognize and accept the principle of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected (a) An Employee’s “Seniority Date” shall be the first one date on which a Regular or Temporary Employee’s continuous service in the bargaining unit commenced, including all prior periods of service as a Casual, Temporary or Regular Employee contiguous to be laid offpresent regular or temporary employment.
(b) Continuous service within the bargaining unit shall include service with any Employer with a bargaining relationship with UNA, provided that the Collective Agreement with that Employer contains a reciprocal clause and provided there was no break in the last person laid off Employee’s service for longer than six (6) months.
(c) An Employee who has accrued seniority with this Employer or another Employer under the terms of a Collective Agreement with reciprocal seniority provisions shall be entitled to maintain their previous seniority date provided that there has not been a break of six (6) months or more in the first to Employee’s continuous employment. Such seniority date shall be recalled considered in accordance with their seniority and their classification; provided Article 12.01, but shall have no impact upon the more senior employee is able Employee, as an external candidate, obtaining an initial position subject to do Article 14: Promotions, Transfers & Vacancies, the available work in a satisfactory mannerEmployee’s initial Basic Rate of Pay subject to Article 25: Salaries, and provided that he/she has the proper qualificationsvacation entitlement subject to Article 17: Vacations with Pay, sick leave accrual subject to Article 19: Sick Leave or Letter of Understanding: Severance.
a. If (d) Where an employee who is being laid off has previously held a full-time position Employee claims previous service under Article 12.01 (b), the Union carries the sole responsibility for compiling the necessary proof of prior service and for providing it to the Employer.
12.02 Seniority shall determine:
(a) assignment of available Shift schedules subject to the provisions of Article 7: Hours of Work and Scheduling Provisions;
(b) promotion and transfers within the bargaining unitunit subject to the provisions specified in Article 14: Promotions, he/she will have Transfers & Vacancies;
(c) layoff and recall subject to the option provisions specified in Article 15: Layoff and Recall; and
(d) approval of vacation times subject to bump the least senior employee provisions specified in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumpedArticle 17: Vacations with Pay.
b. If 12.03 Seniority shall be considered broken, all rights forfeited and there shall be no obligation to rehire:
(a) when an Employee’s employment ceases with the employee who is being laid off Employer;
(b) upon the expiry of 12 months following layoff during which time the Employee has not previously held a full-time position within the bargaining unitbeen recalled to work;
(c) if, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights subject to the Utility Worker position regardless provisions of classificationArticle 15: Layoff and Recall, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is an Employee does not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employeework on recall.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. A. It is hereby agreed that Section 1 There shall be established a Seniority list by classification seniority of the parties hereto recognize regular Officers of the Fire & Rescue Department and accept said list shall be brought up-to-date by the principle City on or before January 15th of each year. Said list shall immediately be posted on a bulletin board in each Fire Station for a period of not less than thirty (30) days, and a copy of same shall be mailed to the Secretary of the Association. This list shall stand approved as posted unless challenged and reported to the Fire Chief on or before the posting period has expired.
Section 2 Any laid-off or terminated Officer who withdraws from the State's retirement system shall automatically lose his/her seniority rights.
Section 3 In matters affecting promotion, demotion, and/or transfers of Officers within the Department, the determination of an Officer's fitness and ability shall be the sole right and responsibility of the City, as measured against the following consideration:
a) Has the physical qualification to do the work, as prescribed in all cases Section 21 of transfersthe Procedural Memoranda, promotions, layoffs and recalls. In all cases, however, ability Administration;
b) Has experience related to perform do the job;
c) Performs the work in the manner required by the City;
d) Cooperates with supervisors and other Officers and observes rules and regulations;
e) Protects the property and interest of the City;
f) Maintains harmonious relations with peers and subordinates;
g) Has a satisfactory manner positive attitude towards advancement and qualifications will the assumption of additional responsibility; Collective Bargaining Agreement IAFF Local 2909 FY14-FY16
h) Any new Officer positions shall be offered to regular permanent Officers first;
i) There shall be no re-testing for any permanent position existing as of the effective date of this Agreement unless the position being tested for entails a factor change in designating the employee to be affectedjob function.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to Section 4 An Officer may refuse a permanent promotion in his/her last date line of hireprogression. He/she then forfeits his/her rights to that position until all other Officers have had an opportunity to accept or refuse within the life of that promotional list. This shall not affect the Officer's current rank nor his/her seniority, and shall not be held against the Officer in any way for future promotions.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired Section 5 Promotional examinations and/or evaluations conducted to fill vacancies in a job classification affected positions covered by this agreement shall be the first one to be laid off, and the last person laid off shall be the first to be recalled conducted in accordance with their seniority and their classification; established departmental regulations. Such regulations may be amended from time to time by the department provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hirenotice is given prior to the amendment(s) taking effect.
H. During Section 6 When an employee is promoted to a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” Lieutenant position, such employee shall receive an hourly pay rate that is equal to or greater than three percent (3%) above their subordinates pay rate, provided such rate does not exceed the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker maximum rate for the duration of the absence without union benefitsLieutenant position.
Appears in 1 contract
Sources: Collective Bargaining Agreement
SENIORITY. A. It is hereby agreed that 14:01 An employee covered by this Agreement shall acquire seniority after he has been employed with the parties hereto recognize and accept Company for a total of Ninety (90) calendar days. Upon completion of such period an employee's seniority date shall be calculated as commencing from the principle first day of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform such employment with the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affectedCompany.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected 14:02 Seniority shall be the first one relative status of employees in respect to be laid offtheir accumulated at work service inclusive of vacation and Pregnancy and Parental Leaves with the Company set out in the Seniority Listing referred to in Clause 14:04 of this article, and the last person laid off which shall be compiled by the first to be recalled Personnel Department in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualificationseach employee's service record maintained therein.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option 14:03 A Plant & Departmental Seniority List shall be compiled to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, cover all employees hired before July 28, 2000, who exercise their right to bump into showing the Utility Worker position, shall do so at the contractual rate plant and departmental seniority standing of pay of Utility Worker II.
2each employee. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority This list shall be posted on the bulletin boards Union Bulletin Board in full view of the employees and will show shall be revised when changes are made and the employees’ names, classifications company shall supply copies to the Union President and seniority datesChief ▇▇▇▇▇▇▇.
G. 14:04 It is understood and agreed that, in cases of increases or decreases in forces, seniority shall govern, subject to the employees being qualified and able to perform the available work.
14:05 The Authority President will be the last to be laid off and the first to be recalled provided he is able and qualified to perform the available work.
14:06 For the purpose of Clause 14:02, there shall be eight departments in the plant as follows: Light Assembly Heavy Assembly Sheetmetal Cabinet Configuration Inspection Stores Maintenance Test
14:07 If any condition arises which involves a layoff of any employee, the Union will be notified and the following procedures shall apply:
(a) He shall exercise his departmental seniority to replace a junior employee in his department on any job which he is qualified and able to perform. He shall be paid at the rate range for such job.
(b) If a job cannot be thus obtained in his own department, he may exercise his plant-wide seniority to replace a junior employee in the plant on any job which he is qualified and able to perform. He shall be paid in the rate range for such job.
14:08 Probationary employees and Students will be laid off first, provided the remaining employees are qualified and able to do the existing work.
14:09 In all cases of lay-off, the provisions of THE EMPLOYMENT STANDARDS ACT shall apply.
14:10 Temporary lay-offs resulting from unexpected manufacturing problems, material shortages, equipment or power failure or other circumstances, may be made without regard to seniority.
14:11 In any case, such waiver of seniority shall not exceed five (5) successive working days at one time. It is clearly understood that a succession of temporary layoffs will not be used as a means of avoiding the application of the procedure set out in the Seniority Article.
14:12 A Laid-Off employee who is qualified and able to perform the required work shall be recalled in order of seniority when the Company intends to increase the work force.
14:13 When an employee is to be laid off on a temporary basis the Company shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hireemployee, Chief ▇▇▇▇▇▇▇ and President.
H. During 14:14 An employee having been laid off in his department and transferred to another department as a layoffresult of such lay-off, must be given the opportunity of returning to a department from which he was transferred provided there is permanent work available in that department, within a twelve (12) months' period of his lay-off and thereby resuming his regular seniority standing. Such an employee will lose his recall privilege to a department, if there is no opportunity to return within twelve (12) months of his lay-off from that department or if the Authority offers employee declines a fullrecall to his former department.
14:15 If an employee is absent from work because of sickness, or because of any accident which is not covered by Workers' Compensation, he shall continue to accumulate seniority during such absence as provided in Section 14.17(c) and shall return to the position held prior to such absence, or to one of equal rating provided he possesses the ability and physical fitness to qualify for that job. A health certificate is to be obtained prior to returning to work.
(a) Under the conditions set forth below, a lay-timeoff because of lack of work shall not break plant-wide seniority. If an increase in forces is necessary, any employee with recall rights, who is absent on lay-off, will be notified of his recall by Registered Letter at his last known address and a copy of the recall notice will be given to the Union President and Chief ▇▇▇▇▇▇▇ of the Local Union.
(b) It is the responsibility of a laid-off employee to notify the Human Resources Manager in writing of his current address. If any employee so recalled does not inform the Company of his intention to return to work, or fails to present satisfactory explanation of his failure to notify the Company within three days of the receipt of the letter of recall, such employee shall be considered as having voluntarily quit and shall lose all seniority and recall rights and the Union shall be notified without undue delay.
(c) Provided further, that any laid-off employee who is not recalled within the following time limit, shall lose his seniority and recall rights. probationary in accordance with Employment Standards 60 Days -3 years 1 year 3 years - over 2 years
14:17 An employee who transfers to a position outside the bargaining unit and who, at the request of management, is subsequently transferred back to a temporary “substitute” positionposition in the bargaining unit, provided however such transfer has not exceeded six (6) months the employee will be returned to his former position with no loss of seniority. Should his former position not be available, he shall exercise his seniority in accordance with the lay-off provisions of the current Collective Agreement. After six (6) months, the employee accepting no longer retains his bargaining unit seniority.
14:18 When the Company Doctor recommends that an employee should have a change in job for health reasons, that employee shall be considered as having been laid-off from his job classification for lack of work and he shall be permitted to use his seniority to secure alternate employment under the lay-off provision of this position article of the Agreement. Such an employee displaced as the above may apply for job posted vacancies but, before acceptance, must have the approval of the Company Doctor to take such new job. Where the employee’s physician disagrees with the Company doctor, and assuming those two physicians cannot resolve the issue, a third party independent medical opinion will remain be obtained. The physicians will attempt to agree on a suitable independent physician and failing agreement, the Union and the Company will select the independent physician.
14:19 Wherever the words "able to perform" occur in this Agreement, they shall be considered to mean that in the union and will receive the contract wage and uninterrupted benefits opinion of the afforded Company and possessing the skill, ability and qualifications to perform the normal requirements of the everyday job.
I. 14:20 An employee's seniority shall be cancelled and his name removed from all seniority lists for any of the following reasons:
(a) When employment is terminated for just cause.
(b) If an employee overstays a leave of absence granted by the Company (unless circumstances prevent the employee from notifying the Company).
(c) If an employee is absent for three (3) consecutive working days without advising the Company (unless circumstances prevent the employee from notifying the Company).
(d) When an employee is on a lay-off status and fails to return:
(1) within seven (7) days after notification to return has been sent by Registered Mail addressed to the last address on record with the Company, or
(2) within three (3) days after personal contact has been made by a designated representative of the Company that he is recalled. In either instance the Union will be notified of such recall.
(e) When an employee has not been engaged in work for the Company and his absence has exceeded the period provided for in Clause 14:16(c) of this Agreement.
(f) If an employee utilizes a leave for a purpose other than those for which the leave was granted.
(g) If he/she resigns.
(h) If he/she retires.
(i) If the Authority employee is discharged and not within a layoff period, or if call backs are refused, reinstated through the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefitsgrievance procedure.
Appears in 1 contract
Sources: Collective Bargaining Agreement
SENIORITY. A. It is hereby agreed that the parties hereto recognize and accept the principle of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affected.
B. The seniority of Seniority means an employee is defined as the employee's length of continuous uninterrupted service as an Authority employee dating back to his/her in the bargaining unit since the employee's last date of hire.
C. The parties hereto , except as otherwise stated in this Agreement. Employees shall recognize be placed in the principle of plant-wide seniority Professional, Administrative or Legal (attorney) Service. Each service is defined as follows:
1. When Administrative Service - shall encompass employees in titles assigned to Categories 1 – 8,
2. Professional Service shall encompass employees in titles assigned to Categories 9
3. Legal Service shall encompass Attorneys in Category 15.
B. If a unit employee who has been promoted to a non-unit position with ▇▇▇ returns to his or her unit position within one year of the Authority effective date of the non-unit appointment, that unit employee will be credited with all seniority accrued up to the effective date of the non-unit appointment.
C. Where two or more employees are hired on the same date, seniority shall be computed on an alphabetical basis using the first (1st) letter of the last name.
D. A seniority list shall be formulated for all employees by service, Professional, Administrative or Legal (Attorney), to be furnished to USW within thirty (30) days of the request. USW shall have thirty (30) days after the issuance of such list to question employees' seniority dates.
E. USW shall receive written notification of new hires immediately upon hiring showing their seniority dates.
F. If for any reason a supervisor believes that PEF's operating needs will not allow two or more employees to schedule vacation at the same time, the most senior employee will have first choice of scheduled vacation time.
G. Reductions in Force
1. In the event that PEF determines that a layoff or rehiring it is necessarynecessary to reduce the size of the work force, the last person hired procedure contained in this provision shall be utilized to determine how individual employees will be impacted.
2. There will be three geographic layoff units. The geographic area encompassing the PEF offices in PEF Regions 1 through 5 will be a separate layoff unit. The geographic area encompassing the PEF offices in PEF Regions 9, 10, 11 and 12 will be a separate layoff unit. The geographic area encompassing PEF Headquarters and the PEF offices in Regions 6, 7 and 8 will be a separate layoff unit.
3. PEF will identify the positions it intends to abolish. If there is more than one employee in the title of the position to be abolished in a job classification affected shall work location, the least senior employee in the title at that work location will be the first one employee whose position is abolished.
4. If a vacancy exists in a service in which a position is to be laid offabolished, employees whose positions have been abolished, and who meet the last person minimum qualifications for the vacant position, will be offered the opportunity to fill the vacancy. If more than one employee whose position has been abolished meets the minimum qualifications, PEF shall offer the vacancy to those employees in seniority order. The refusal to fill a vacancy will not impact on an employee's right to bump under this article. PEF's determination that an employee does or does not meet minimum qualifications for purposes of this sub- paragraph is not subject to Step 3 of the grievance procedure in Article 3 of this agreement.
5. Any temporary employee as defined by Article 25, or any probationary employee in that title in the geographic layoff unit must be laid off shall be the first prior to any permanent employee in that title.
6. The employee whose position is to be recalled abolished will first have the opportunity to bump less senior employees in accordance with their the same title in the geographic layoff unit. PEF will notify the employee whose position has been abolished of those office locations within the layoff unit among which the employee has enough seniority and their classification; provided the more senior to bump. The employee is able will have ten calendar days from receipt of this notification to do the available work in a satisfactory manner, and provided that he/she has the proper qualificationsrespond.
a. If an 7. PEF will also notify any employee who is being laid off has previously held a full-time position bumped pursuant to paragraph 6 above of any opportunities that might be available within the bargaining layoff unit to bump less senior employees in the same title.
8. Once it has been determined which employee in which title will be impacted by a layoff in a layoff unit, he/she that employee will have be offered the option opportunity to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee title without regard to be bumpedlayoff unit.
b. 9. If the employee who is being laid off will be impacted by ▇▇▇▇▇▇ has not previously held a full-time position within the bargaining unit, he/she will have the option no opportunity to bump the least senior employee in title in either the Utility Worker classification provided geographic layoff unit or statewide, that employee will also be given the option of bumping the least senior employee in the service holding a position for which the employee impacted by layoff meets the minimum qualifications. PEF's determination that an employee does or does not meet minimum qualifications for purposes of this sub-paragraph is not subject to Step 3 of the grievance procedure in Article 3 of this agreement.
10. Any employee who has no bumping rights or declines to exercise any right he or she might have had to bump another employee will receive a minimum of four (4) weeks notice of the effective date of the layoff.
11. An employee who exercises bumping rights within title will continue to be paid at the same salary level. An employee who bumps into another title will be paid at the same step of the category of the new title or their pre-layoff salary, whichever is less.
12. An employee who is laid off employee has more plant- wide pursuant to this Article will have his or her name placed on a recall roster for the length of his or her seniority than or six years from the Utility Worker being bumpedeffective date of the layoff, whichever is shorter.
c. All full-time 13. Future vacancies within a title shall be offered, in seniority order, to those former employees within on the unit recall roster who are laid off will have meet the right to bid on available positions. The Union will submit a request minimum qualifications for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other If no employee on the roster is eligible, or if all eligible employees who are on layoff decline, the position will be afforded recall rights filled pursuant to Article 23 of this agreement. PEF's determination that an employee does or does not meet minimum qualifications for purposes of this sub-paragraph is not subject to Step 3 of the Utility Worker position regardless grievance procedure in Article 3 of classification, based on their plant senioritythis agreement.
e. In 14. If a former employee on a recall roster declines an appointment to a position in his or her former title in the event same location, that former employee's name will be removed from the roster.
15. An employee who, as a result of any layoffs or reductions an Article 19 reduction in force, all bumps into a different title will be required to serve probation in the new title. An employee who bumps within title will not be required to serve probation.
16. An employee who, as a result of an Article 19 reduction in force, bumps into a different title shall have his or her name placed on the recall roster for the title held prior to the bump. Employees who have bumped and remain PEF employees hired before July 28will not be eligible for appointment from the recall roster unless there are no willing or eligible former employees on the roster. Recall rights under this sub-paragraph will be for the length of the employee's seniority or six years from the effective date of the layoff, 2000whichever is shorter. An employee who declines an offer to return to his or her former title in the same geographic layoff unit, who within 90 miles of his/her former work location, will have his or her name removed from the recall roster.
17. PEF will notify any employee working in a position PEF intends to reduce to less than full time, in writing, of that decision. The employee will have five (5) business days to advise the President of PEF or his or her designee whether the employee is willing to accept the reduction in hours and remain in the position. If the affected employee is unwilling to accept the reduction in hours, that employee shall exercise their right to bump into rights under this article as if the Utility Worker position, position had been abolished.
H. An employee shall do so at the contractual rate of pay of Utility Worker IIlose his/her seniority if he/she:
1. resigns.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualificationsis discharged.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions fails to a higher position or transfers report to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) calendar days after hireaccepting appointment from a recall roster.
H. During a layoff, if 4. fails without reason acceptable to PEF to report to work at the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits end of the afforded jobhis/her leave of absence.
I. If the Authority 5. is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker laid off for the duration length of the absence without union benefitshis or her seniority or six (6) years, whichever is less.
Appears in 1 contract
Sources: Collective Bargaining Agreement
SENIORITY. A. It is hereby agreed that the parties hereto recognize and accept the principle of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected There shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their (1) seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time list for employees within the unit who are laid off will have the right to bid on available positionscovered by this section. The Union will submit a request Prior credit for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section section shall be as per the seniority list dated April Seniority for regular employees in this section of the Agreement shall be established at the time the employee successfully obtains a full time position. Regular employees shall be credited with any previously accumulated seniority if: the employee has been laid off and later recalled under the provisions of this section; they transfer to a position covered by another section of this Agreement and subsequently return a period of ninety (C)90) days to a classification covered by this Section, so long as providing continuous membership has been maintained in the Union. An approved leave of absence shall not constitute a break in seniority, for the purposes of this section, provided continuous membership in the Union is maintained. The seniority of casual employees relative to each other shall be their date of hire and they are able shall be junior to do regular employees on the available work in seniority list. When an employee transfers to a satisfactory manner and new position, the following rules shall govern: Any time during the first ninety (90) days, any employee who enters a new position shalt have the proper qualifications.
3right to return to their former position without loss of seniority. Layoffs will become permanent if Collective Agreement between Gray Line of Victoria and CAW Local Section ARTICLE - JOB AND SELECTION Vacant full time positions shall be posted and filled by applicants from this section provided they fulfill the employee criteria of the position. If the position is not recalled after two (2) years and severance pay will be issued at filled in this time.
D. For promotions to a higher position or transfers to manner, then applicants from other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers sections shall be based upon considered. Employer shall have right of selection to fill Charter Sales Clerk positions. Selections to all other posted vacancies shall be made on the basis of ability, qualifications, experience and seniority and in that order. If any employee who is junior is selected, their ability to perform the vacant job shall be significantly and demonstrably higher than senior candidates. Ability shall include consideration of the employee's performance in the employee's present job. In addition to Article above, where selection is being made to any dispatcher classification, or to a position with supervisory or work leader responsibilities, primary consideration shall be given to personal qualities such as leadership, reliability, judgement, ability to organize and qualificationsinstruct, and if an understanding display of the practice of good human relations. Only those possessing these characteristics shall be considered. When obtaining a full time position, a casual employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will shall be placed back given service credits equal to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee total number of days worked as a nonunion “substitute employeecasual.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. A. It is hereby agreed that the parties hereto recognize and accept the principle of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affected.
B. The seniority of an employee is defined as Seniority shall mean the length of continuous uninterrupted service as an Authority employee dating back to his/her last employment in the Weymouth School System in the bargaining unit from the initial date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. (In the event of any layoffs or reductions in forcea tie, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards lots shall be deemed drawn to have top seniority establish the placement on the list.);
A. Leaves of absence shall not be considered as breaks in continuous employment, however, such leave shall not be counted as years, months, and days for the purpose of this Section (C), so long definition of seniority. Leaves referred to herein shall be defined as they are able to do those unpaid days which were mutually agreed upon by both the available work in a satisfactory manner School Committee and have the proper qualificationsESP.
3. Layoffs will become permanent if B. Persons who have been employed in consecutive, but not complete school years shall be considered continuously employed and shall have their paid time during any incomplete (yet consecutive) school years calculated (for purposes of seniority) by the employee is not recalled after two (2) years months and severance pay will be issued at this timedays in which they were Unit D employees.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers C. The seniority List shall be based upon seniority and ability to perform prepared by the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside Committee by November 1st of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list Association shall be posted on promulgate the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees Seniority List to each ESP within thirty (30) calendar days after hirereceipt of said list from the Committee.
H. During D. Any Education Support Professional who wishes to challenge their position on the Seniority List shall submit the challenge in writing setting forth the basis of their challenge to the President of the Association but, in any event, no later than January 1st (in the first year of this Agreement the date shall be February 1st). Thereafter, any challenges remaining unresolved shall be forwarded to the Committee on or before January 15th (in the first year of this Agreement the date shall be February 15th). Notwithstanding the provisions of Article III of this Agreement, a layofftripartite panel, consisting of a person appointed by the Association, a person appointed by the Committee, and a third person chosen by the appointed persons, shall meet to decide the validity of the unresolved challenges. The Panel shall render its decision prior to March 1st (in the first year of the Agreement the date shall be April).
1. A ESP who has filed timely in accordance with the provisions of this Article a challenge to the Seniority List which remains unresolved shall be advised of the date, time and place of the meeting of said Panel. The ESP shall have the opportunity to clarify their challenge before the Panel; provided, however, they have submitted a request for said opportunity in writing to the President of the Association prior to the meeting of the Panel.
E. The decision of a majority of the Panel will be final and binding on the ESP and the Committee.
F. The cost, if the Authority offers a full-timeany, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded jobservices of the neutral member of the Panel shall be borne equally by the Committee and the Association.
I. If G. The list as finally determined by the Authority is not within a layoff period, or if call backs are refused, Panel shall be the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker Seniority List for the duration purposes of this Article. In the event there are no unresolved challenges as of the absence without union benefitsJanuary 1st list, then the promulgated list shall be the final list.
Appears in 1 contract
Sources: Collective Bargaining Agreement
SENIORITY. A. It is hereby agreed that 8.01 An employee will be considered a probationary employee until he has been employed by the parties hereto recognize and accept Company for sixty (60) calendar days within a twelve (12) month consecutive period. During his probationary period he will have no seniority rights but when such rights are acquired, seniority will be regarded as having started from the principle of date sixty (60) days immediately prior to acquiring such seniority. The employee shall carry such seniority in all cases of transfers, promotions, layoffs his unit.
8.02 The Company will post seniority lists once every six (6) months and recalls. In all cases, however, ability to perform such list shall show the work employee's seniority and unit in a satisfactory manner and qualifications will be a factor in designating which the employee holds such seniority. Subject to the provisions of this Agreement, seniority shall be affected.by
B. The 8.03 For the purpose of applying the seniority provisions of an employee is defined as this Agreement, which seniority provisions shall be applied only to the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize extent expressly provided in this Agreement, the principle of plant-wide seniority present units are as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their 8.04 A seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid transferred to another unit by seniority on an indefinite lay-off has previously (ie. lay-off for a period longer than a temporary lay-off as defined herein), or on recall therefrom, shall lose seniority in his former unit (ie. in which he held unit seniority) after thirty (30) days worked and attain seniority in the new unit, after thirty (30) days worked in the new unit. During such thirty day period he shall continue to accumulate seniority in his former unit and when he attains seniority in the new unit he shall be credited with the seniority which he had in his former unit. However, if such employee's former job re-opens within such
8.05 The selection of employees for supervisory positions or for any position not subject to the conditions of this Agreement is not covered by this Agreement. A non-bargaining unit person with less than one (1) year of service in a full-time salaried position who is transferred to a position within the bargaining unit shall be credited with seniority equal to his full accumulated service with the Company excluding the time worked outside the bargaining unit. Upon such transfer into the bargaining unit, he/she will have the option employee shall exercise his seniority to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than bargaining unit. Should such job not be available the employee to be bumped.
b. If shall exercise his seniority under the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless provision of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.Article
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. A. It is hereby agreed that the parties hereto recognize and accept the principle
4.1 Seniority until August 13, 1985, shall be defined as an employee's most recent date of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work employment in a satisfactory manner fulltime position in the Agency. Seniority beginning August 14, 1985, shall be defined as an employee's first calendar day of employment in a fulltime position in the unit and qualifications shall be ranked from the highest to the lowest within the bargaining unit. When more than one (1) employee is hired on the same date, seniority rank will be a factor in designating determined by the employee to be affectedhighest number (9999) of the last four (4) digits of the individual's Social Security number.
B. The seniority 4.2 Only members of an employee is defined the bargaining unit can accrue seniority. Employees of the Agency as of August 13, 1985, who were not included in the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessarybargaining unit, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee but who is being laid off has had previously held a fullposition included in the bargaining unit and are returned to the unit, shall be given bargaining unit seniority credit for the time they held a position included in the bargaining unit. Members of the bargaining unit who are transferred or promoted out of the unit shall have their seniority frozen and will not accrue seniority until a return to the bargaining unit. Reentry will not cause the layoff of a non-time probationary member. Former members of the bargaining unit may re- enter the unit by accepting a vacant position for which the Employer determines they are qualified. Former members of the bargaining unit who are laid off may bump a probationary employee from positions which the Employer determines the former member of the bargaining unit is qualified.
4.3 A seniority list of employees will be developed during negotiations, by the Employer with the approval of the Union, which will state the date of the first calendar day of work for seniority within the bargaining unit, heand also the date of the first calendar day of work for retirement purposes.
4.4 The Union shall, within ten (10) calendar days of ratification of this contract, make a seniority list available to its members through RESA email. A revised master list shall be furnished to the Union by the Employer once a year, and posted by the Union within ten (10) calendar days of the Employer's provision of the list. The first time an employee's seniority date is posted, an employee who believes that his/she will have her seniority date is incorrect must follow the option to bump the least senior employee grievance procedure. Thereafter, except for seniority dates changed as a result of grievance filed, such lists shall be binding on all employees in the classification the bargaining unit.
4.5 Employees shall lose their seniority and their seniority shall be terminated if they:
a. resign or quit;
b. are discharged or terminated;
c. are laid off employee once held; provided that for a period of two years;
d. retire;
e. do not return to work within the laid off employee has more plant-wide seniority than the employee to be bumpedtime limits of a leave of absence or an extended leave of absence.
b. If 4.6 New employees shall be considered probationary employees for the first twelve (12) months of their regular fulltime employment. The twelve (12) month period may be extended for an additional six (6) month period by mutual agreement between the Employer and the Union. When an employee who is being laid off has not previously held completes the probationary period, he or she shall be entered on the seniority list, with seniority date retroactive to the last date of hire in a regular full-time position within at the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumpedAgency. The discharge of any probationary employees shall be non-grievable.
c. All full4.7 Regularly scheduled employees, whether they work a 10-, 11- or 12-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker positionmonth schedule, shall do so at accrue seniority of one (1) year even though they may not work the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section full twelve (C), so long as they are able to do the available work 12) months in a satisfactory manner and have the proper qualificationsyear.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 1 contract
Sources: Collective Bargaining Agreement
SENIORITY. A. It A seniority list of Employees covered by this Agreement shall be posted by the Employer annually in January each year. Such list shall show the names and dates of last entry into Employer’s service, from which date seniority shall accumulate. An Employee transferred or promoted to a position which is hereby agreed that excluded from the parties hereto recognize and accept bargaining unit shall, in the principle event of his subsequent return to the bargaining unit within twelve (12) months, be reinstated on the seniority list as if he had remained in all cases of transfersthe bargaining unit. If such an Employee returns to the bargaining unit after twelve (12) months following his transfer or promotion, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affected.
B. The his seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one date of his return to be laid off, and the last person bargaining unit. An Employee who has been laid off shall be the first retain his seniority status for a period of fifteen (15) months. If recalled to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work service in a satisfactory mannerclassification covered by this Agreement within fifteen (15) months of day of lay-off, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards he shall be deemed to have top reinstated with seniority status held at time of lay-off. An Employee who resigns or is discharged for the purpose of just cause shall forfeit all seniority rights under this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3Agreement. Layoffs will become permanent if the employee is not recalled after When two (2) years and severance pay or more Employees are hired by the Employer on the same calendar date, the Employee whose surname is first alphabetically will be issued at this time.
D. For promotions shown as such on the seniority list. Protests in regard to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers seniority status shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back submitted in writing to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees Employer within thirty (30) days after hire.
H. During a layoffof the publication of the list. When proof of error is presented by an Employee or his representative, if the Authority offers a full-timesuch error shall be corrected, laid-off employee within the unit a temporary “substitute” positionand when corrected, the employee accepting this position will remain in the union agreed upon seniority date shall be final. An Employee with than six (6) months service shall be on probation and will receive the contract wage and uninterrupted benefits of the afforded jobmay not exercise seniority rights nor grievance procedure relating to his separation while on probation.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. A. It is hereby agreed that An employeeshall acquire seniority after sixty (60) calendar days with the parties hereto recognize and accept Company in any twelve (12) month period of con- tinuous or intermittent employment. Following completion of this period, an employee’s seniority will date from the principle first day of work in any classification covered by this Agreement. During any layoff, employees with the least t of seniority in all cases of transfers, promotions, layoffs and recallsshall be laid off first. In all cases, however, ability to perform the work in a satisfactory manner and qualifications Employees who have not seniority will be laid off within the affected department in inverse order according to their first day of work. When recalls are made following a factor lay off, employees shall be recalled in designating the reverse order to which they were laid off. Seniority shall be broken for any of the following reasons:
(a) If the employee quits. If the employee is discharged, their discharge is not reversed through the grievance procedure. If the employee fails to answer a recall within three working days of receipt of a registered notice to report for work; such notice to be affected.
B. The seniority of mailed to their last recorded address with the Company. If theemployeeisabsentfrom working days without furnishing a reasonable excuse to the Company. If an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall for a thirty-six month period. Employees will be given as much notice as possible prior to any layoffconsistent notcontravening thelabourlawsof the first province of Ontario. Seniority will be given in any classification, except "Tool and Diemaker", "Millwright Maintenance" and "Electrician", to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee completed sixty (60) calendar days in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held in a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positionssix month period. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any a recall, the most senior employees who have been transferred due to layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay bumping will be issued at this time.
D. For promotions to a higher position or transfers to other positions within given the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able opportunity to return to his/her former their previous classification if provided that has not been out of the classification for more than sixty (60) calendar days. Any remaining vacancies will be posted. Any "Tool Diemaker" by the Company must be qualified to the Skilled Trades Standards. Any "Electrician, ▇▇▇▇▇▇▇▇▇▇ Maintenance, ▇▇▇▇▇▇▇▇▇▇ Maintenance B employed by the Company must have a woman's card. Present employees excluded. y Union employee accepting a staff position only within the ninety (90) day probationary shall retain seniority for a period of the new jobtwelve (12) months. Likewise, if the position which the employee left was filled, that employee will A return to his/her former position without recourse to the grievance procedurebargaining unit of thirty (30) calendar days or less will not interrupt this twelve (12) month period. It is agreed that if In the event of a new hire was placed into a position which is being reclaimed, the Authority has the right to retain layoff such employee as a nonunion “substitute employee.”
F. Twice could bump back the job providethe Union with list each year, the Authority shall prepare and forward three (3) months. is thepolicyof Management taco-operatein way with employees who desire transfer to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list new positions or vacancies New and/or vacancies shall be posted on the bulletin boards board for two (2) working days Employees wishing to bid on these jobs may do so two (2)working days The job shall be awarded to the most senior applicant having the fitness and ability to do the but if no applicant has the fitness and ability. the Company may fill the job with the most senior employee who does not hold a job, having the fitness and ability. It is understood the Company may fill job on a temporary basis during the period Of There shall be only one posting in respect to each vacancy. When an employee is temporarily transferred at the Comp- any's request to do a job classification other than own, will show retain own classification rate or the employees’ namesrate of the new classification. whichever is higher. When an employee is transferred due to lack of work to a job classification other than their own, classifications the employee's rate will be adjusted to that applicable to the rate for the new job classification two working days. When an employee is transferred to a higher classification, their starting rate will not be less than their former hourly rate. If an en! trial (lead hands = four weeks) they will be returned to their previous classification. When a employee is transferred to a job classification other than their own and at the employee's request, the employee's rate will be adjusted to that applicable to the rate for the new job classification at the time of the transfer. The Company agrees that employees will be their own classification wherever possible. The switching of be kept to a minimum. For temporary transfers the junior person knowing the most junior person if nobody knows be moved to the temporary job for up to five days. Should coverage on a job be required five days the Company must seek volunteers from amongst those employees knowing the job, if there are no volunteers then the most junior person will be placed on the job. Rates of pay for promotions and transfers will be as follows: The day rate will apply upon promotion or transfer to seniority dates.
G. employees having no experience an new jab. The Authority shall notify day rate will apply upon promotion or transfer to seniority employees who have experience on the Union new job. Notwithstanding the above, the day rate will apply at the time the employee the normal requirements of all newly-hired bargaining unit employees within the job. Any temporary work extending beyond thirty (30) days after hire.
H. During shall be subject to the job provisions of this Agreement, unlessthe time is extended by mutual agreement. Time spent on a layoff, if the Authority offers a full-time, laid-off employee within the unit job due to a temporary “substitute” positiontransfer will not provide the employee with seniority in that classification. Provision of article will not apply in the case of a temporary transfer. ARTICLE HOURS OF WORK In the event the Company schedules a Third Shift comprised of at least of the employees in a department, the employee accepting this position Company will remain provide a paid 20-minute lunch period for all three Shifts for that department. If the Company schedules a Third comprised of less than of the employees in a department, the Company will provide a paid minute lunch period for an equal number of employees on all three shifts in the union department so affected. Any change in the present established shift hours will be discussed with the Shop Committee in advance of such shift change. work performed outside of an employee's scheduled considered as overtime and shall be paid for at the rate of time and one-half except where there IS an agreement with the employee on make-up time in which case overtime will receive be based on timeworked In the contract wage day. All work performed timeandone-half hours and uninterrupted benefits double time thereafter. All work performed in excess of twelve twelveormoreconsecutive in a twenty-four period shall be paid for at the rate of double time. All work on Sunday and recognized Holidays shall be paid for at the rate of double time. All overtime shall be equitably distributed among those employees normally performing such work and who are willing and able to perform the work to be done. Records will be openly displayed in the department so employees may check their standing. The following rules shall apply for overtime selection:
(a) Overtime hours each January 1st and July 1st shall be reset to zero hours. Employees shall be charged with actual premium hours. Forexample time premium, hours for times premium. Employees absent for any reason, except Union business LOA, would have been offered had they been at work. When a newly hired employee comes into a classification will be placed at the highest hours of the afforded jobclassification.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. A. It Bus aide positions hired in 07-08 and on, will hold seniority dates in the Special Education Paraeducator category. Qualifying bus aides will hold grandfathered seniority dates in the transportation category, but will also assume new seniority dates in the paraeducator category (unless they already have one) of September 2, 2008. These existing three (3) bus aides will remain on their current routes and will not be required to re-bid each year. If/when a new “bus aide” position is hereby agreed that posted, the parties hereto recognize and accept the principle grandfathered transportation seniority dates of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications these three individuals will be considered over a factor in designating the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able special education paraeducator for the duration of their employment with the district. All new “bus aide” positions will be posted as special education and subject to do provisions in Section 10.6 NOT Section 7.10.1. 1806 1807 1808 1809 1810 1811 1812 1813 1814 1815 1816 1817 1818 1819 1820 1821 1822 1823 1824 1825 1826 1827 1828 1829 1830 1831 1832 1833 1834 1835 1836 1837 1838 1839 1840 1841 1842 1843 1844 1845 1846 1847 1848 1849 1850 “If this discussion could in any way lead to my being disciplined or terminated, or affect my personal working conditions, I respectfully request that my union representative, officer or ▇▇▇▇▇▇▇ be present at the available work in a satisfactory mannermeeting. Without representation, I will attend the meeting and provided that he/she has the proper qualificationsfollow lawful orders, but I choose not to answer any questions.
a. ” • If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/reasonable belief that discipline or other adverse consequences may result from what he or she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded recall rights to the Utility Worker position regardless of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial periodsays, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such request union representation. • Management is not required to inform the employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise▇▇▇▇▇▇▇▇▇▇ rights, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority dates.
G. The Authority shall notify the Union of all newly-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain unless specifically outlined in the union contract. • It is the employee’s responsibility to know and will receive request. The “▇▇▇▇▇▇▇▇▇▇ Rights” requires that an employee be given the contract wage opportunity to have union representation at an employer’s investigatory interview pertaining to the discipline, discharge or suspension of that employee. This rule recognizes that the presence of an able union representative at an investigatory interview may assist the employer in obtaining facts, and uninterrupted benefits may help both sides save valuable time in getting to the bottom of the afforded job.
I. If issue. This opportunity includes the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.following principles:
Appears in 1 contract
Sources: Collective Bargaining Agreement
SENIORITY. A. It is hereby agreed that the parties hereto recognize and accept the principle of seniority in all cases of transfers, promotions, layoffs and recalls. In all cases, however, ability to perform the work in a satisfactory manner and qualifications will be a factor in designating the employee to be affected.
B. The seniority of an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected 9.01 A Regular Employee’s Seniority Date shall be the first one to be laid off, and the last person laid off shall be the first to be recalled in accordance with their seniority and their classification; provided the more senior employee is able to do the available work in date on which a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position Regular Employee’s continuous service commenced within the bargaining unit, he/she will have with the option Employer, including all prior periods of service as a Casual, Temporary or Regular Employee contiguous to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumpedpresent regular employment.
b. If 9.02 Seniority shall not apply during the employee who is being laid off probationary period; however, once the probationary period has not previously held a full-time position been completed, seniority shall be credited from the seniority date established pursuant to Clause 9.01.
9.03 Seniority shall be considered in determining:
(a) preference of vacation time, subject to the provisions specified in Article 23: Annual Vacation;
(b) layoffs and recalls, subject to the provisions specified in Article 32: ▇▇▇▇▇▇ and ▇▇▇▇▇▇;
(c) promotions and transfers and in filling vacancies within the bargaining unitunit subject to the provisions specified in Article 11: Appointments, he/she will have Transfers and Promotions;
(d) the option to bump the least senior employee in the Utility Worker classification provided selection of available rotations by Employees on a unit affected by a new master rotation that the laid off employee has more plant- wide seniority than the Utility Worker being bumpeddoes not change an Employee's full time equivalency (FTE).
c. All full-time employees within 9.04 Seniority shall be considered broken, all rights forfeited, and there shall be no obligation to rehire:
(a) when the unit who are laid off will have employment relationship is terminated by either the right to bid on available positions. The Union will submit a request for bid for Employer or the laid off employee.Regular Employee;
d. While under a (b) upon the expiry of twelve (12) months following the date of layoff, if a Utility Worker position becomes availableduring which time the Regular Employee has not been recalled to work;
(c) if an Regular Employee does not return to work on recall, and no Utility Worker employee is on layoff, as provided in Clause 32.13.
9.05 Within three (3) months of the Authority signing date of this Collective Agreement the Employer will not bid the position. Other employees who are on layoff will be afforded recall rights provide to the Utility Worker position regardless of classificationdesignated Union representative, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions within the bargaining unit, the Authority shall first attempt to make such promotions or transfers from its regular employees; considerations for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return to his/her former position only within the ninety (90) day probationary period of the new job. Likewise, if the position which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list containing the name and seniority date of employees by classification and by length each Regular Employee in the bargaining unit in chronological order. The designated Union representative shall be responsible for the posting of service with the Authorityseniority list. The seniority list shall will be posted on updated by the bulletin boards Employer and will show provided to the employees’ names, classifications and seniority datesdesignated Union representative not less frequently than every six (6) months thereafter.
G. 9.06 The Authority Union shall notify the Union of all newly-hired bargaining unit employees within have thirty (30) calendar days after hirein which to take issue with the seniority list, otherwise the seniority list will be deemed to be correct. Should a difference arise regarding an Employee’s seniority, the Employer will provide the Union with the information necessary to establish accurate seniority.
H. During 9.07 In the event seniority dates are the same, any disputes arising between two Employees with the same date as they relate to layoff and recall shall be resolved by a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. coin toss. If the Authority is not within a layoff perioddispute involves three or more Employees with the same seniority date, or if call backs are refused, then numbered cards will be used to determine the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration order of the absence without union benefitsseniority.
Appears in 1 contract
Sources: Collective Agreement
SENIORITY. A. 14.01 Until a full time employee has completed a probationary period of ninety (90) days worked she shall be considered to be employed on a probationary basis.
14.02 Until a part time employee has completed a probationary period of four hundred and fifty (450) hours worked or six (6) calendar months, whichever comes first, she shall be considered to be employed on a probationary basis.
14.03 During the probationary period the Employer will assess the performance, abilities and suitability of the newly hired employee. Where the Employer has concerns regarding the performance, abilities and suitabilities of the employee, those will be shared with the employee. Where the employee cannot demonstrate the appropriate performance, or lacks the abilities or suitabilities necessary, then the Employer’s assessment constitutes just cause for dismissal. In addition, culpable behaviour during the probationary period will constitute just cause for dismissal.
14.04 Until a probationary employee attains seniority status, she shall not qualify for any benefits (i.e. sick leave, health & welfare, leaves of absences, paid holidays, other than those she would otherwise be entitled to under the Employment Standards Act) contained within this Collective Agreement, nor shall her name appear on any seniority list. Upon completion of the probationary period, the employee’s name shall be added to the seniority list and seniority shall date from the employee’s last date of hire for all employees. When a part-time employee transfers to full time her service shall be converted on the basis that one-year equals one thousand nine hundred and fifty (1950) hours paid. When a full time employee transfers to a part time position her service will be converted using the conversion set out above.
14.05 The Employer shall post up-to-date seniority lists on or about June 30th and December 31st of each year and will send a copy to the Union. The copy sent to the Union shall contain the employee’s job classification and current rate of pay.
14.06 The parties recognize that job opportunities and security should increase in proportion to the length of service. It is hereby therefore agreed that the parties hereto recognize and accept the principle of seniority in all cases of transfersfilling any job vacancy, promotionstransfer, layoffs lay-off and recalls. In all casesrecall after lay-off, however, ability to perform the work in a satisfactory manner and qualifications seniority will be a the determining factor provided they possess the necessary qualifications as may be set out elsewhere in designating this agreement.
14.07 An employee shall lose her seniority standing and shall be considered terminated
a) If the employee to be affected.voluntarily resigns;
B. The seniority of b) If the employee is discharged for just cause and is not reinstated in accordance with the grievance and arbitration procedures;
c) If an employee is defined as the length of continuous uninterrupted service as an Authority employee dating back to his/her last date of hire.
C. The parties hereto shall recognize the principle of plant-wide seniority as follows:
1. When the Authority determines that a layoff or rehiring is necessary, the last person hired in a job classification affected shall be the first one to be laid off, and the last person laid off shall be the first and fails to be recalled in accordance with their seniority and their classification; provided the more senior employee is able return to do the available work in a satisfactory manner, and provided that he/she has the proper qualifications.
a. If an employee who is being laid off has previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the classification the laid off employee once held; provided that the laid off employee has more plant-wide seniority than the employee to be bumped.
b. If the employee who is being laid off has not previously held a full-time position within the bargaining unit, he/she will have the option to bump the least senior employee in the Utility Worker classification provided that the laid off employee has more plant- wide seniority than the Utility Worker being bumped.
c. All full-time employees within the unit who are laid off will have the right to bid on available positions. The Union will submit a request for bid for the laid off employee.
d. While under a layoff, if a Utility Worker position becomes available, and no Utility Worker employee is on layoff, the Authority will not bid the position. Other employees who are on layoff will be afforded seven (7) calendar days after notification of recall rights to the Utility Worker position regardless by Registered mail (For purposes of classification, based on their plant seniority.
e. In the event of any layoffs or reductions in force, all employees hired before July 28, 2000, who exercise their right to bump into the Utility Worker position, shall do so at the contractual rate of pay of Utility Worker II.
2. Stewards this article registered mail shall be deemed to have top seniority for the purpose of this Section (C), so long as they are able to do the available work in a satisfactory manner and have the proper qualifications.
3. Layoffs will become permanent if the employee is not recalled after two (2) years and severance pay will be issued at this time.
D. For promotions to a higher position or transfers to other positions been delivered within the bargaining unit, seven (7) days following the Authority shall first attempt date of mailing) to make such promotions or transfers from its regular employees; considerations their last known address. Employees who for such promotions or transfers shall be based upon seniority and ability to perform the work and qualifications, and if an employee so promoted or transferred is any reason feel they may not deemed qualified after the ninety (90) day trial period, the employee will be placed back to the position from which he/she came. Likewise, if the position from which the employee left was filled, that employee will return to his/her former position without recourse to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, the Authority has the right to retain such employee as a nonunion “substitute employee.”
E. If a bargaining unit employee accepts a position outside of the bargaining unit, that employee will be able to return respond to his/her former position only a recall within the ninety seven (907) day probationary period of days, due to travel, must notify the new jobEmployer prior to leaving. LikewiseFurther, if the position which the an employee left was filled, that employee will return not able to his/her former position without recourse respond to the grievance procedure. It is agreed that if a new hire was placed into a position which is being reclaimed, recall within the Authority has the right seven (7) days due to retain such employee as a nonunion “substitute employee.”
F. Twice each year, the Authority shall prepare and forward to the Union a seniority list of employees by classification and by length of service with the Authority. The seniority list shall be posted on the bulletin boards and will show the employees’ names, classifications and seniority datesmedical reasons must supply verifiable medical documentation for any delay in reporting for work.
G. The Authority shall notify the Union d) If an employee is laid off in excess of all newlytwenty-hired bargaining unit employees within thirty (30) days after hire.
H. During a layoff, if the Authority offers a full-time, laid-off employee within the unit a temporary “substitute” position, the employee accepting this position will remain in the union and will receive the contract wage and uninterrupted benefits of the afforded job.
I. If the Authority is not within a layoff period, or if call backs are refused, the Authority will retain the right to fill the temporary “substitute” position with a nonunion worker for the duration of the absence without union benefits.four
Appears in 1 contract
Sources: Collective Agreement