Common use of SENIORITY Clause in Contracts

SENIORITY. 9.01 Seniority for all employees shall be defined as the length of continuous service with the Co-operative within the bargaining unit. 9.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence. 9.03 Seniority shall be broken and all rights forfeited when: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreement; (b) an employee voluntarily leaves the service of the Co-operative; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 4 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 9.01 Seniority for all employees Section 1 There shall be defined established a Seniority List of the regular members of the Fire & Rescue Department, and said list shall be brought up-to-date by the City on or before January 15th of each year. Said list shall immediately be posted on bulletin board in each Fire Station for a period of not less than thirty days, and a copy of same shall be mailed to the Secretary of the Union. This list shall stand approved as posted unless challenged and reported to the length Fire Chief on or before the posting period has expired. Section 2 In matters affecting promotion, demotion, and transfer of continuous service with the Co-operative employees within the bargaining unit. 9.02 Seniority Department, seniority shall continue govern subject to accumulate during all paid fitness and unpaid authorized leaves ability. The determination of absence. 9.03 Seniority an employee's fitness and ability shall be broken the sole right and all rights forfeited whenresponsibility of the City, as measured against the following consideration: (a) an employee is dismissed a. Has the physical qualification to do the work, as prescribed in Section 21 of the Procedural Memoranda, Administration; b. Has experience related to do the job; c. Performs the work in the manner required by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this AgreementCity; (b) an employee voluntarily leaves d. Cooperates with supervisors and observes rules and regulations; e. Protects the service property and interests of the Co-operativeCity; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layofff. Reports for work promptly and regularly; g. Maintains harmonious relations with co-workers; h. Has a positive attitude towards advancement and the assumption of additional responsibility. Notice of examination shall be posted on all Department bulletin boards for a period of thirty (d30) an employee fails to report for work within ten (10) calendar days immediately preceding the examination. Said notice shall contain sources of being recalled after a layoffquestions asked on the written portion. When a permanent promotion is to be made, the Co-operative recalls an employee who has been laid off, it selection shall notify such employee by registered letter, addressed to be from the employee's last known address; (e) an employee is absent from work without an approved leave of absence for more than top three (3) consecutive working shifts unless a satisfactory reason is given by candidates on the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reasonestablished promotional roster. 9.04 In matters of demotion and reduction to part-time, and when assigning Section 3 When an employee refuses a permanent promotion in his/her line of progression, he/she forfeits his/her rights to relieve another employee in a higher paid classificationall future promotion, merit, ability and fitness, as determined by until after all the Co-operative, to perform the work satisfactorily shall be the governing factoremployees who have bypassed him/her are considered. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns Upon written request to the bargaining unit within City, he/she may be reinstated to his/her proper place in the three (3) month period shall do so without loss line of seniority and benefits. Employees progression behind those who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreementhave bypassed him/her. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 4 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 9.01 Seniority for all employees shall be defined as the length of continuous service with the Co-operative within the bargaining unit. 9.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absenceabsence except Union Leave as per sub-article 18.02. 9.03 Seniority shall be broken and all rights forfeited when: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration Arbitration procedure contained in this Collective Agreement; (b) an employee voluntarily leaves the service of the Co-operative; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without an approved a leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-part- time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-part- time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one (1) full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two four (24) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees will have seniority only over other part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 4 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 9.01 20.01 Seniority for all employees shall be defined as the length of continuous service with the Co-operative Employer within the bargaining unit, inclusive of training days, from the most recent date of hire. 9.02 20.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence, during all lay-offs, and during all periods of sickness and/or injury. 9.03 Seniority 20.03 An employee shall cease to have seniority rights and their employment status with the Employer shall be broken and terminated for all rights forfeited whenpurposes if the employee: (a) an employee is dismissed duly discharged by the Co-operative for just cause Employer and is not reinstated through the grievance and/or and arbitration procedure contained in this the Agreement; (b) an employee voluntarily leaves the service of the Co-operativequits or resigns; (c) more than twelve has been laid off continuously for a period of six (126) months have elapsed since last so employed, in the event of or is called back to work after a layoff; (d) an employee fails lay-off and does not return to report for work within ten seven (107) calendar days of being recalled after receiving a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed letter sent to the employee's their last known address; (ed) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts days unless a satisfactory reason is given by the employee such as sickness; (e) fails to return to work on the completion of an authorized leave of absence unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative . 20.04 The selection of employees for vacant or new positions shall be considered on the basis of qualifications, ability and seniority. Where qualifications and ability are relatively equal, seniority shall be the determining factor. Seniority shall be the governing factor in relieving an employee in a satisfactory reason. 9.04 In higher paying classification, leave requests, scheduling daily hours of work and recall after layoff, providing the more senior employee has, in the judgment of the Employer which shall not be exercised in an arbitrary or discriminatory manner, the ability to satisfactorily be able to perform all aspects of the work required. Reverse order of seniority shall be the governing factor in all matters of demotion non-disciplinary demotion, layoff, and reduction to part-time, and when assigning an providing the more senior employee to relieve another employee has, in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside judgement of the bargaining unit Employer which shall not be on a trial period for a period of three (3) calendar months. If the employee is not successful exercised in their new positionan arbitrary or discriminatory manner, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements satisfactorily be able to perform all aspects of the job and providing the employee is available and willing to work the additional hoursrequired. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 4 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 9.01 19.01 Seniority for all employees shall be defined as the length of continuous service with the Co-operative Employer within the bargaining unit. 9.02 19.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence, during all layoffs, and during all periods of sickness and/or injury. 9.03 19.03 Seniority in the bargaining unit shall be the governing factor in matters of promotion, demotion, layoff, reduction to part-time, rehire after layoff, filling of new positions or vacant positions, and in assigning hours provided the employee has the capability and willingness to perform the normal requirements of the job. 19.04 Seniority shall be considered broken and all rights forfeited whenif an employee: (a) an employee is dismissed duly discharged by the Co-operative for just cause Employer and is not reinstated through the grievance and/or and arbitration procedure contained in procedures of this Agreement; (b) an employee voluntarily leaves the service of the Co-operativequits or resigns; (c) more than has been laid off continuously for a period of twelve (12) months have elapsed since last so employed, in the event of a layoffmonths; (d) an employee fails is called back to report for work within ten (10) calendar days of being recalled after a layoff. When layoff and does not return within two (2) weeks of such notification (or up to two (2) weeks if notice to another employer is required) by the Co-operative recalls an employee who has been laid off, it shall notify such employee Employer by registered letter, addressed letter to the employee's last known addressaddress of the employee; (e) fails to return to work upon the completion of an employee is absent from work without an approved authorized leave of absence for more than unless such failure is due to provable sickness or provable inability to communicate established by evidence satisfactory to the Employer; and (f) any employee transferred to a position outside the bargaining unit shall lose all seniority rights under the Collective Agreement three (3) consecutive working shifts unless a satisfactory reason is given by months after the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside date of the bargaining unit shall be on a trial period for a period transfer out of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same or such longer period as mutually agreed between the Union and the Employer. 19.05 The Employer, when reducing hours of work, agree they will be allowed within not reduce the three (3) month period. Any scheduled hours of the full-time employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee replacing such hours with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for help. 19.06 For the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should establishing a full-time job within said department become available at seniority date, when a later date. In all other matters said part- time employee is promoted to full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time senioritystatus, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteenwill be credited with thirty

Appears in 4 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 9.01 20.01 Seniority for all employees shall be defined as the length of continuous service with the Co-operative Employer within the bargaining unit, inclusive of training days, from the most recent date of hire. 9.02 20.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence, during all lay-offs, and during all periods of sickness and/or injury. 9.03 Seniority 20.03 An employee shall cease to have seniority rights and their employment status with the Employer shall be broken and terminated for all rights forfeited whenpurposes if the employee: (a) an employee is dismissed duly discharged by the Co-operative for just cause Employer and is not reinstated through the grievance and/or and arbitration procedure contained in this the Agreement; (b) an employee voluntarily leaves the service of the Co-operativequits or resigns; (c) more than has been laid off continuously for a period of twelve (12) months have elapsed since last so employed, in the event of or is called back to work after a layoff; (d) an employee fails lay-off and does not return to report for work within ten seven (107) calendar days of being recalled after receiving a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed letter sent to the employee's their last known address; (ed) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts days unless a satisfactory reason is given by the employee such as sickness; e) fails to return to work on the completion of an authorized leave of absence unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative . 20.04 The selection of employees for vacant or new positions shall be considered on the basis of qualifications, ability and seniority. Where qualifications and ability are relatively equal, seniority shall be the determining factor. Seniority shall be the governing factor in relieving an employee in a satisfactory reason. 9.04 In higher paying classification, leave requests, scheduling daily hours of work and recall after layoff, providing the more senior employee has, in the judgment of the Employer which shall not be exercised in an arbitrary or discriminatory manner, the ability to satisfactorily be able to perform all aspects of the work required. Reverse order of seniority shall be the governing factor in all matters of demotion non-disciplinary demotion, layoff, and reduction to part-time, and when assigning an providing the more senior employee to relieve another employee has, in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside judgement of the bargaining unit Employer which shall not be on a trial period for a period of three (3) calendar months. If the employee is not successful exercised in their new positionan arbitrary or discriminatory manner, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements satisfactorily be able to perform all aspects of the job and providing the employee is available and willing to work the additional hoursrequired. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 9.01 Seniority for all employees 14.01 Employees shall be retain their previous seniority status with their former employer in accordance with Article 14.06, and thereafter seniority is defined as the length of continuous service in the bargaining unit and shall be used in determining preference or priority for promotions, transfers, demotions, layoffs and recall. Seniority shall operate on a Union-wide basis. 14.02 The Corporation shall maintain a master seniority list showing the date upon which each employee's service commenced and seniority date. The Corporation shall prepare copies of the seniority list which shall be brought up-to-date following each pay period and copies shall be posted to the Corporation’s intranet system and e-mailed to the Union. 14.03 Any newly hired full-time, part-time and casual employees shall be on probation and seniority shall become effective only after an employee has worked a total of six hundred hours (600) hours and shall then be measured from the beginning of the probationary period. During the probationary period employees shall be entitled to all rights and privileges of this Agreement, except that he shall not grieve with respect to discharge. 14.04 Seniority rights shall cease for the Cofollowing reasons: (a) If the employee resigns; (b) After twenty-operative four (24) consecutive months on layoff; (c) If the employee is discharged and the discharge is not reversed through the grievance procedure; (d) If an employee has been absent from work in excess of five (5) working days without sufficient cause or without notifying his ▇▇▇▇▇▇▇, superintendent, or immediate supervisor, unless satisfactory reason is given; (e) If an employee is laid off and fails to return to work within five (5) working days after being notified by registered mail to his last known address, on the Corporation's records, to report for work and does not give a satisfactory reason; (f) If an employee overstays a leave of absence granted by the Corporation in writing and does not secure an extension of such leave, unless a satisfactory reason is given; (g) Seniority shall end as of the end of the month in which the employee retires (i) No employee shall be promoted to a position outside the bargaining unit without his consent. If an employee is promoted to a permanent position outside of the bargaining unit, subsequent to the signing of this agreement, he shall retain his seniority acquired at the time of leaving the bargaining unit for a period of not to exceed six (6) months. Such an employee may only return to the bargaining unit during the six (6) months probationary period for this position, if laid off, terminated from the assignment or through the posting procedure. (ii) An employee who accepts a temporary posted position outside of the bargaining unit subsequent to the signing of this agreement for reason other than replacing a person who is absent due to illness, as defined in Article 23, shall have such temporary assignment limited to a period not to exceed one (1) year unless mutually agreed otherwise by the Parties. The employee shall return to his former permanent position upon completion of the temporary assignment and shall retain his seniority without any further accumulation from the time he worked outside of the bargaining unit. 9.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence. 9.03 Seniority shall (iii) An employee may be broken and all rights forfeited when: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreement; (b) an employee voluntarily leaves the service of the Co-operative; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted appointed to a position outside of the bargaining unit without a posting, and in such case, the following shall be on a trial period for a apply: (a) Appointments to temporary unposted non-union positions shall not exceed twenty (20) consecutive shifts, or exceed more than sixty (60) shifts in any calendar year. (b) During the period of three (3) calendar months. If appointment, the employee shall continue to remit union dues and will retain and continue to accumulate seniority. (c) During the period of appointment, the Parties agree the initial bargaining unit position will be back-filled by existing bargaining unit members on the basis of seniority and qualifications to perform the work involved. (d) In the event a bargaining unit member is not successful in their new positionavailable to perform this work, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to no member of the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish is willing to return after perform this work, a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and casual labour pool employee will be provided a new seniority date for all other purposes under this collective agreementassigned in accordance with the casual labour pool policy. 9.06 A full(e) All subsequent vacancies shall be filled in accordance with (c) and (d) above. (f) It is understood that any member of the bargaining unit appointed to a temporary unposted non-time employee with union position will not be responsible for labour relations or human resources issues involving bargaining unit members. Such matters will be referred to permanent non-union supervisors and managers. (g) It is understood the above conditions come into effect after one (1) shift when a member of the bargaining unit is appointed to a temporary unposted non-union position. 14.06 The seniority date of employees in municipalities, boards or more years commissions which have been or will be assumed by the Corporation and come within the jurisdiction of this Collective Agreement will be placed in their rightful chronological position on a combined list of employees forming the total seniority list. 14.07 Any regular full-time seniority, who is reduced to or part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniorityCorporation, who is reduced becomes a member of CUPE Local 1287 as the result of a permanent workplace accommodation due to part-time by the Co-operativea disability, shall use the length of their continuous transfer all accumulated seniority and/or credited service with the Co-operative within Corporation to CUPE Local 1287. 14.08 The following is the bargaining unit when determining where they are process to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give used when two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basisor more employees have the same seniority date. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 9.01 Seniority for all employees shall be defined as the length of continuous service with the Co-operative within the bargaining unit. 9.02 A. Seniority shall continue accrue to accumulate during all paid and unpaid authorized leaves of absence. 9.03 Seniority shall be broken and all rights forfeited when: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreement; (b) an employee voluntarily leaves the service of the Co-operative; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A permanent full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, Employees and shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of based upon total continuous service with in a classification represented by this Agreement. Approved leaves of absence without pay and layoffs shall not be cause for loss of seniority. Provided, however, such laid off Employees or Employees on leave without pay shall not accrue seniority during the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same timeactual period of layoff or leave. 9.07 A full-time employee who has B. Each new Public Safety Officer, upon the completion of his/her probationary period, which shall not be less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operativein duration, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority listlist and seniority shall accrue from the Employee's first day of employment in the classification. 9.08 The Co-operative agrees C. Seniority shall terminate if any Employee: 1. Quits or retires. Provided, however, that with respect to give an Employee who quits, this provision shall not apply to whatever rights such Employee has heretofore enjoyed in connection with the Pension Plan upon reemployment. 2. Is discharged for just cause, including, but not limited to, any violation of the Rules and Regulations of the Public Safety Department and the provisions of this Agreement. 3. If he/she is absent for two (2) weeksconsecutive work days without notifying the University or having a justifiable reason for his/her absence. 4. Gives a false reason to obtain a leave or if he/she fails to return to work upon termination of any leave of absence or vacation. 5. If he/she is laid off for a period equal to his/her seniority at the time of layoff, or two (2) years, whichever is the lesser. 6. Separation upon settlement covering total disability or Workers' notice prior Compensation. 7. Failure to changing return to work when recalled from layoff. D. If an employee's status from fullEmployee serving in a non-time represented capacity within the Department of Public Safety reverts to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees former assignment within the Bargaining Unit, he/she shall have seniority over part-time employees. Part-time employees rights reinstated on the basis of the seniority earned while serving in classifications represented by the Union. E. Any Employee who become full-time is promoted or transferred out of the Department of Public Safety but continues as an Employee of the University shall begin accumulating their full-time retain his/her earned Departmental seniority for a period equal to his/her seniority at that time. 9.10 Preference the time of the promotion or transfer or three (3) years, whichever is less, in weekly available hours of work within a department for part-time employees shall be given the event he/she is returned by the University to the most senior part-time employee first, and thereafter in decreasing order Department of seniority, providing the affected employee has the ability Public Safety. This shall apply to do the normal requirements of the job and providing the employee is available and willing to work the additional hoursfuture promotions or transfers. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 9.01 Seniority for all employees shall be defined as the length 7.1 The purpose of continuous service with the Co-operative within the bargaining unitseniority is to provide a policy governing layoffs and recalls. 9.02 Seniority 7.2 In the event of a layoff, the Company shall continue to accumulate during all paid and unpaid authorized leaves of absence. 9.03 Seniority shall be broken and all rights forfeited whenconsider: (a) an employee is dismissed by the Co-operative equipment for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreementwork that has to be performed; (b) an employee voluntarily leaves the service seniority of the Co-operativeunion member; (c) more than twelve (12) months have elapsed since last so employed, in the event the qualifications of the Owner-Operator’s equipment are relatively equal, then the Owner-Operators’ seniority shall be the determining factor. 7.3 The Union will provide a layoffbulletin board for each terminal in which the seniority list will be posted. The Company will provide the seniority list electronically to the Union office which will be updated and posted on a quarterly basis. 7.4 Owner-Operators shall be considered probationary until they have completed ninety (90) work days of contract, at which time they shall be placed on the seniority list, in accordance with dates. 7.5 Probationary Owner-Operators will work under the provisions of this Agreement during their probationary period, and they may be discharged or disciplined without recourse to the grievance procedure. Upon completion of the Owner-Operator’s probationary period all conditions of the Agreement will then apply, including the health and welfare provisions as provided in the Company’s policy documents. 7.6 Contract may be terminated for any of the following reasons; subject to the principals of progressive discipline and the reasonable application thereof: (a) if an Owner-Operator voluntarily quits: (b) if an Owner-Operator is discharged and not reinstated pursuant to the grievance procedure as provided for in the Agreement; (c) if an Owner-Operator has been laid off and has refused to return to work within twenty-four (24) hours after being contacted personally by the Company. When the Owner-Operator cannot be contacted personally, or is employed elsewhere, then the Company will notify him by registered mail, to his last known address, to return to work. He will then be given a maximum of seven (7) consecutive days from the date of notification to report for duty; (d) if an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the CoOwner-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee Operator is absent from work without an approved securing a leave of absence for more than three (3) consecutive working shifts unless days; (e) if an Owner-Operator refuses a satisfactory reason work or job assignment and that assignment has not violated this Collective Agreement or any provincial or federal regulations or other rules attached to this Agreement. (f) If an Owner Operator or his driver commits any act, or fails to act, in circumstances that is given a violation of the law, being unsafe for persons or property or being offensive to the Company’s customers, employees or other owner operators. (g) If the Owner Operator’s accident record is unacceptable to the Company. Such determination and evaluation shall be carried out in a reasonable manner by the employee. Sickness and/or inability Company. (h) If the Owner Operator or his driver fails to communicate comply with any of the Co-operative instructions, policies or procedures of the Company as may be issued from time to time in bulletins, memoranda, notices, manuals or other forms of announcement or directives which shall be considered a satisfactory reasonreasonable and will have been properly communicated and enforced by the Company. 9.04 In matters of demotion and reduction (i) If an Owner Operator is discovered to part-timehave pulled any load other than one dispatched by Highland Operations, and when assigning without prior written approval by Highland senior management, he/she is subject to immediate contract termination. A grievance may be processed; however an employee arbitrator will be limited to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or determining if the employee decides to return to their former job within the bargaining unitinfraction occurred and if so, same no substitution of penalty will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreementpermitted. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Owner Operator Agreement

SENIORITY. 9.01 Seniority for all employees 14.01 Employees shall be retain their previous seniority status with their former employer in accordance with Article 14.06, and thereafter seniority is defined as the length of continuous service in the bargaining unit and shall be used in determining preference or priority for promotions, transfers, demotions, layoffs and recall. Seniority shall operate on a Union-wide basis. 14.02 The Corporation shall maintain a master seniority list showing the date upon which each employee's service commenced and seniority date. The Corporation shall prepare copies of the seniority list which shall be brought up-to-date following each pay period and copies shall be posted to the Corporation’s intranet system and e-mailed to the Union. 14.03 Any newly hired full-time, part-time and casual employees shall be on probation and seniority shall become effective only after an employee has worked a total of six hundred hours (600) hours and shall then be measured from the beginning of the probationary period. During the probationary period employees shall be entitled to all rights and privileges of this Agreement, except that he shall not grieve with respect to discharge. 14.04 Seniority rights shall cease and the Coemployee will be deemed terminated for the following reasons: (a) If the employee resigns; (b) After twenty-operative four (24) consecutive months on layoff; (c) If the employee is discharged and the discharge is not reversed through the grievance procedure; (d) If an employee is laid off and fails to return to work within five (5) working days after being notified by registered mail to his last known address, on the Corporation's records, to report for work and does not give a satisfactory reason; (e) If an employee overstays a leave of absence granted by the Corporation in writing and does not secure an extension of such leave, unless a satisfactory reason is given; (i) No employee shall be promoted to a position outside the bargaining unit without his consent. If an employee is promoted to a permanent position outside of the bargaining unit, subsequent to the signing of this agreement, he shall retain his seniority acquired at the time of leaving the bargaining unit for a period of not to exceed six (6) months. Such an employee may only return to the bargaining unit during the six (6) month period for this position, through the posting procedure. Such return shall be discussed between the Union and the Corporation. Such return shall not result in the displacement of an employee with greater seniority. (ii) An employee who accepts a temporary posted position outside of the bargaining unit subsequent to the signing of this agreement for reason other than replacing a person who is absent due to illness, as defined in Article 23, shall have such temporary assignment limited to a period not to exceed one (1) year unless mutually agreed otherwise by the Parties. The employee shall return to his former permanent position upon completion of the temporary assignment and shall retain his seniority without any further accumulation from the time he worked outside of the bargaining unit. 9.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence. 9.03 Seniority shall (iii) An employee may be broken and all rights forfeited when: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreement; (b) an employee voluntarily leaves the service of the Co-operative; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted appointed to a position outside of the bargaining unit without a posting, and in such case, the following shall be on a trial period for a apply: (a) Appointments to temporary unposted non-union positions shall not exceed twenty (20) consecutive shifts, or exceed more than sixty (60) shifts in any calendar year. (b) During the period of three (3) calendar months. If appointment, the employee shall continue to remit union dues and will retain and continue to accumulate seniority. (c) During the period of appointment, the Parties agree the initial bargaining unit position will be back-filled by existing bargaining unit members on the basis of seniority and qualifications to perform the work involved. (d) In the event a bargaining unit member is not successful in their new positionavailable to perform this work, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to no member of the bargaining unit is willing to perform this work, a casual labour pool employee will be assigned in accordance with the casual labour pool policy. (e) All subsequent vacancies shall be filled in accordance with (c) and (d) above. (f) It is understood that any member of the bargaining unit appointed to a temporary unposted non-union position will not be responsible for labour relations or human resources issues involving bargaining unit members. Such matters will be referred to permanent non-union supervisors and managers. (g) It is understood the above conditions come into effect after five (5) shifts when a member of the bargaining unit is appointed to a temporary un-posted non-union position. 14.06 The seniority date of employees in municipalities, boards or commissions which have been or will be assumed by the Corporation and come within the three (3) month period shall do so without loss jurisdiction of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and this Collective Agreement will be provided placed in their rightful chronological position on a new combined list of employees forming the total seniority date for all other purposes under this collective agreementlist. 9.06 A 14.07 Any regular full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniorityCorporation, who is reduced becomes a member of CUPE Local 1287 as the result of a permanent workplace accommodation due to part-time by the Co-operativea disability, shall use the length of their continuous transfer all accumulated seniority and/or credited service with the Co-operative within Corporation to CUPE Local 1287. 14.08 The following is the bargaining unit when determining where they are process to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give used when two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basisor more employees have the same seniority date. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 9.01 22.01 Seniority for all employees shall be defined as the length of continuous service with the Co-operative Employer within the bargaining unit. 9.02 22.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence, during all layoffs, and during all periods of sickness and/or injury. 9.03 Seniority 22.03 An employee shall cease to have seniority rights and their employment status with the Employer shall be broken and terminated for all rights forfeited whenpurposes if the employee: (a) an employee is dismissed duly discharged by the Co-operative for just cause Employer and is not reinstated through the grievance and/or and arbitration procedure contained in this the Agreement; (b) an employee voluntarily leaves the service of the Co-operativequits or resigns; (c) more than twelve has been laid off continuously for the lesser of fifty-two (1252) months have elapsed weeks or a period of time equal to the employee’s length of continuous service with the Employer since last so employedtheir most recent date of hire, in the event of or is called back to work after a layoff; (d) an employee fails layoff and does not return to report for work within ten fourteen (1014) calendar days of being recalled after receiving a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed letter sent to the employee's their last known address; (ed) an employee is absent from work without an approved a written leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by such as physical incapacity exists. In these circumstances the employee. Sickness and/or inability employee shall make every effort to communicate with the Co-operative Employer as soon as possible; (e) fails to return to work on the completion of an authorized leave of absence unless a satisfactory reason such as physical incapacity exists. In these circumstances the employee shall make every effort to communicate with the Employer as soon as possible. 22.04 Bargaining unit wide seniority shall be considered a satisfactory reason. 9.04 In the governing factor in all matters of demotion promotion, awarding of a new full-time position or vacancy, relieving another employee in a higher paying classification, and recall after layoff, providing the more senior employee has the ability to perform the normal functions of the job. Reverse order of bargaining unit wide seniority shall be the governing factor in all matters of demotion, layoff, and reduction to part-time, and when assigning an providing the more senior employee to relieve another employee in a higher paid classification, merit, has the ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be normal functions of the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall applyjob. 9.05 Any employee promoted to 22.05 Employees from within the bargaining unit who accept a position with the Employer which places them outside of the bargaining unit shall be on a trial period continue to accumulate seniority for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides Said employees shall be entitled to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within and their former job at any time during the three (3) month period shall do if they so without loss of seniority and benefitschoose. Employees who wish to return after a remain outside of the bargaining unit beyond the three (3) month period will maintain their original time limit shall keep the seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced they had immediately prior to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within leaving the bargaining unit shall be used. Accumulated full-time seniority shall be in the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced event they eventually return to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where but shall not in such cases accumulate any seniority for the time period that they are to be placed on were outside of the part-time seniority listbargaining unit beyond the three (3) month limitation. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. 22.06 Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over all part- time employees. Part-time employees shall have seniority only over other part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference 22.07 Full-time employees with one (1) or more years of full-time seniority who are reduced to part-time by the Employer shall be placed at the top of the part-time seniority list. Full-time employees with less than one (1) year of full-time seniority who are reduced to part-time shall use the length of their continuous service with the Employer within the bargaining unit when determining where they are to be placed on the part-time seniority list. 22.08 The Employer shall give two (2) weeks' notice in weekly writing or two (2) weeks' pay in lieu thereof, to any employee whose status is to be changed by the Employer from full-time to part-time. 22.09 Daily available part-time hours of work within a department the employee’s department, or departments for part-time those employees who are normally so employed, shall be given scheduled to the most senior part-time employee first, first and thereafter in decreasing order of seniority, providing the affected employee has the ability to do perform the normal requirements functions of the job and providing the employee is available and willing to work the additional hours. 9.11 When . If the Employer finds there are no available part-time employees available to work, shifts will then be assigned to employees in reverse seniority (i.e. the least senior employee first) on a rotating basis. No part-time employee works shall be scheduled to work more than five (5) days per calendar week unless they voluntarily agree otherwise. 22.10 Part-time hours of work that become available on a temporary basis in a particular department and that cannot be worked by part-time employees already working in the basic department, shall be offered to other part-time employees working outside of the department on the basis of seniority with the most senior such part-time employee first and thereafter in decreasing order of seniority being offered an opportunity to work week for thirteenthese hours. Any such employee must have the ability to be able to perform the normal functions of the job and must be available and willing to work the hours. 22.11 The word “department” referred to in sub-articles 22.09 and 22.10 above, shall include: (a) Bakery (b) Meat (c) Deli (d) Produce (e) Grocery The “grocery department” shall include all areas of the Employer’s operations that are not part of the other four (4) departments. 22.12 The Employer shall provide the Union in January and July of each calendar year with an up-to-date seniority list of all full-time and all part-time employees covered under the terms of the Collective Agreement. Copies of the seniority list shall also be given to the Shop Stewards and a copy shall be posted on the bulletin board located on the Employer's premises.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 9.01 19.01 Seniority for all full-time employees shall be defined as the length of continuous service with the Co-operative Employer within the bargaining unitunit from date of last hire. For part-time employees, seniority shall be calculated on the basis of hours worked from date of last hire, with 2080 hours worked representing one (1) year of service. A part- time employee shall not accumulate in excess of one (1) year of seniority in any calendar year. 9.02 19.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence, during all layoffs, and during all periods of sickness and/or injury, unless specifically addressed otherwise in this Agreement. 9.03 Seniority 19.03 An employee shall cease to have seniority rights and their employment status with the Employer shall be broken and deemed terminated for all rights forfeited whenpurposes if the employee: (a) an employee is dismissed duly discharged by the Co-operative for just cause Employer and is not reinstated through the grievance and/or and arbitration procedure contained in this the Agreement; (b) an employee voluntarily leaves the service of the Co-operativequits or resigns; (c) more than twelve has been laid off continuously for a period of fifty-two (1252) months have elapsed since last so employed, in the event of weeks or is called back to work after a layoff; (d) an employee fails layoff and does not return to report for work within ten fourteen (1014) calendar days of being recalled after receiving a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed letter sent to the employee's their last known address; (ed) an employee is absent from work without an approved leave of absence for more than three five (35) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative Employer shall be considered a satisfactory reason; (e) fails to return to work on the completion of an authorized leave of absence unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Employer shall be considered a satisfactory reason. 9.04 In (f) utilizes a leave of absence for purposes for other than which the leave was granted. (g) is absent due to illness or disability or Workers’ Compensation benefits in excess of twenty-four (24) months. This provision shall be interpreted in accordance with the Manitoba Human Rights Code, as amended from time to time. 19.04 Seniority shall be the governing factor in all matters of demotion promotion, awarding of a new full-time position or vacancy, relieving another employee in a higher paying classification, and recall after layoff, providing the more senior employee has the skill and ability to be able to perform the normal functions of the job. Reverse order of seniority shall be the governing factor in all matters of demotion, layoff, and reduction to part-time, providing the more senior employee has the skill and when assigning an employee ability to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, be able to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside normal functions of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreementjob. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 9.01 Seniority for all employees 14.01 Employees shall be retain their previous seniority status with their former employer in accordance with Article 14.06, and thereafter seniority is defined as the length of continuous service in the bargaining unit and shall be used in determining preference or priority for promotions, transfers, demotions, layoffs and recall. Seniority shall operate on a Union-wide basis. 14.02 The Corporation shall maintain a master seniority list showing the date upon which each employee's service commenced and seniority date. The Corporation shall prepare copies of the seniority list which shall be brought up-to-date following each pay period and copies shall be posted to the Corporation’s intranet system and e-mailed to the Union. 14.03 Any newly hired full-time, part-time and casual employees or employees who transfer from a position outside the bargaining unit shall be on probation and seniority shall become effective only after an employee has worked a total of six hundred hours (600) hours and shall then be measured from the beginning of the probationary period. During the probationary period employees shall be entitled to all rights and privileges of this Agreement, except that he shall not grieve with respect to discharge. For positions combining seasonal assignments, a performance assessment of three hundred 14.04 Seniority rights shall cease and the Coemployee will be deemed terminated for the following reasons: (a) If the employee resigns; (b) After twenty-operative four (24) consecutive months on layoff; (c) If the employee is discharged and the discharge is not reversed through the grievance procedure; (d) If an employee is laid off and fails to return to work within five (5) working days after being notified by registered mail to his last known address, on the Corporation's records, to report for work and does not give a satisfactory reason; (e) If an employee overstays a leave of absence granted by the Corporation in writing and does not secure an extension of such leave, unless a satisfactory reason is given; (i) No employee shall be promoted to a position outside the bargaining unit without his consent. If an employee is promoted to a permanent position outside of the bargaining unit, subsequent to the signing of this Agreement, he shall retain his seniority acquired at the time of leaving the bargaining unit for a period of not to exceed six (6) months. Such an employee may only return to the bargaining unit during the six (6) month period for this position, through the posting procedure. Such return shall be discussed between the Union and the Corporation. Such return shall not result in the displacement of an employee with greater seniority. (ii) An employee who accepts a temporary posted position outside of the bargaining unit subsequent to the signing of this Agreement for reason other than replacing a person who is absent due to illness, as defined in Article 23, shall have such temporary assignment limited to a period not to exceed twenty-four (24) months unless mutually agreed otherwise by the Parties. The employee shall return to his former permanent position upon completion of the temporary assignment and shall retain his seniority without any further accumulation from the time he worked outside of the bargaining unit. 9.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence. 9.03 Seniority shall (iii) An employee may be broken and all rights forfeited when: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreement; (b) an employee voluntarily leaves the service of the Co-operative; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted appointed to a position outside of the bargaining unit without a posting, and in such case, the following shall be on a trial period for a apply: (a) Appointments to temporary unposted non-union positions shall not exceed twenty (20) consecutive shifts, or exceed more than sixty (60) shifts in any calendar year. (b) During the period of three (3) calendar months. If appointment, the employee shall continue to remit union dues and will retain and continue to accumulate seniority. (c) During the period of appointment, the Parties agree the initial bargaining unit position which the Corporation intends to fill will be back-filled by existing bargaining unit members on the basis of seniority and qualifications to perform the work involved. (d) In the event a bargaining unit member is not successful in their new positionavailable to perform this work, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to no member of the bargaining unit is willing to perform this work, a casual labour pool employee will be assigned in accordance with the casual labour pool policy. (e) All subsequent vacancies which the Corporation intends to fill shall be filled in accordance with (c) and (d) above. (f) It is understood that any member of the bargaining unit appointed to a temporary unposted non-union position will not be responsible for labour relations or human resources issues involving bargaining unit members. Such matters will be referred to permanent non-union supervisors and managers. (g) It is understood the above conditions come into effect after five (5) shifts when a member of the bargaining unit is appointed to a temporary un-posted non-union position. 14.06 The seniority date of employees in municipalities, boards or commissions which have been or will be assumed by the Corporation and come within the three (3) month period shall do so without loss jurisdiction of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and this Collective Agreement will be provided placed in their rightful chronological position on a new combined list of employees forming the total seniority date for all other purposes under this collective agreementlist. 9.06 A 14.07 Any regular full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniorityCorporation, who is reduced becomes a member of CUPE Local 1287 as the result of a permanent workplace accommodation due to part-time by the Co-operativea disability, shall use the length of their continuous transfer all accumulated seniority and/or credited service with the Co-operative within Corporation to CUPE Local 1287. 14.08 The following is the bargaining unit when determining where they are process to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give used when two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time or more employees will have the same seniority only over other part-time employeesdate. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteenExample 1: Example 2:

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 9.01 Seniority for all employees shall be defined as the length of continuous service with the Co-operative within the bargaining unit. 9.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence. 9.03 Seniority shall be broken and all rights forfeited when: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreement; (b) an employee voluntarily leaves the service of the Co-operative; (c) more than twelve (12) months have elapsed since last so employed, in In the event of a layoff; (d) an layoff within the employee's classification, probationary employees shall be laid off first. Thereafter, seniority shall govern for those employees to be retained in each classification. Any employee fails who is laid off in accordance with this section, other than probationary employees, shall be entitled to recall as follows: If the School has any vacancies for the following school term or within one calendar year from the beginning of the following school term, the positions thereby becoming available within a specific category of position shall be tendered to the employees so removed or dismissed from that category or any other category of position, so far as they are qualified to hold such positions. Recall from layoff shall be based upon seniority provided the employee has the qualifications, skills and ability to perform the work as determined by the Executive Director or designee. The recall notice shall state the time and date on which the employee is to report for to work within their classification, along with the requirements of the position. It shall be the responsibility of the employee to keep his/her address current by providing the Executive Director's Office with the necessary information. If the laid off employee does not report to work within ten (10) calendar working days following receipt of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed notice sent to the employee's last known addressaddress or declines the position, the employee's right to recall shall cease and he/she shall be considered terminated. Seniority shall be terminated when an employee: 1. resigns; (e) an employee 2. leaves employment to be employed elsewhere; 3. is discharged for just cause; 4. retires; 5. doesn't respond to a recall notice or declines a recall notice; 6. is absent from work without an approved leave of absence for more than three (3) consecutive working shifts scheduled work days without prior proper notification and authorization unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning employee has an employee to relieve another employee in a higher paid classification, merit, ability and fitness, acceptable explanation for not furnishing such notification as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, Executive Director or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteendesignee;

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 9.01 14.01 Seniority for all employees shall be defined as the length of continuous service with the Co-operative Employer within the bargaining unit. 9.02 14.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence, during all layoffs, and during all periods of sickness and/or injury, subject to the provisions hereof. 9.03 Seniority 14.03 An employee shall cease to have seniority rights and their employment status with the Employer shall be broken and terminated for all rights forfeited whenpurposes if the employee: (a) an employee is dismissed duly discharged by the Co-operative for just cause Employer and is not reinstated through the grievance and/or and arbitration procedure contained in this the Agreement; (b) an employee voluntarily leaves the service of the Co-operativequits or resigns; (c) more than twelve has been laid off continuously for a period of twenty six (1226) months have elapsed since weeks, or is called back to work after a layoff and does not provide evidence of an intention to accept the recall within five (5) calendar days of receiving a registered letter sent to their last so employedknown address, in or after being recalled and providing evidence of an intention to return to work, does not return to work within fourteen (14) calendar days, or such longer time as may be agreed to between the event of a layoffEmployer and the employee; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by scheduled shifts. (e) fails to return to work on the employee. Sickness and/or inability to communicate with the Co-operative completion of an authorized leave of absence. 14.04 Seniority shall be considered a satisfactory reason. 9.04 In the primary factor in all matters of demotion and reduction to part-timepromotion, awarding of a new position or vacancy, and when assigning an recall after layoff, providing the more senior employee to relieve another employee in a higher paid classification, merit, has the necessary ability and fitness, as determined by the Co-operative, to perform the work satisfactorily normal functions of the job. 14.05 The Employer shall have the right to lay off employees. Where the Employer elects to layoff an employee, such layoff shall be classification based, and the governing factoremployee with the least seniority in the classification shall be laid off first. Where meritThe laid-off employee will be permitted to bump into a lower classification and displace another employee with less seniority provided the employee has the skill and ability to perform the normal requirements of the job, ability and fitness are comparable and sufficientwithout the need of additional training. In circumstances where the employee bumps into a lower classification, the senior person employee shall receive the wage associated with said classification. 14.06 The Employer shall provide the Union, in January and July of each year, an up-to-date seniority list of all employees covered under the terms of this Agreement. Copies of the seniority list shall be selected except for demotions posted on the bulletin board located on the Employer's premises and reduction faxed or emailed to part-time, where reverse order of seniority shall applythe Union Office. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 14.07 The Co-operative Employer agrees to give two (2) weeks' provide as much notice as reasonably possible prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 9.01 Seniority for all employees shall be defined as the length of continuous service with the Co10.01 Bargaining Unit-operative within the bargaining unit. 9.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence. 9.03 wide Seniority shall be broken used in determining preference or priority for all benefits extended to Employees, except where otherwise provided in this Collective Agreement, or except where clearly established past practice and all rights forfeited when:custom of the Employer and the Union may have altered the priority of Seniority. Seniority shall commence with the date upon which an Initial Employee is first engaged as such, and may only be interrupted or lost in accordance with the provisions of this Collective Agreement. (a) an employee 10.02 Whenever more than one Employee is dismissed engaged on the same day, Seniority shall be determined by the Co-operative for just cause and is not reinstated through flip of a coin, performed by the grievance and/or arbitration procedure contained in this Agreement; (b) an employee voluntarily leaves the service of the Co-operative; (c) more than twelve (12) months have elapsed since last so employedEmployer, in the event presence of the concerned Employees and an executive member of the Union. 10.03 The Employer shall maintain a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When Seniority list showing the Coday upon which each -to-operative recalls an employee who has been laid off, it date Seniority list shall notify such employee by registered letter, addressed be sent to the employee's last known address;Union and copies thereof posted on a bulletin board in a conspicuous place at each each year. The seniority list shall be available on line to Employees. Protests with respect to Seniority status may be submitted, by any Employee affected by such alleged errors, to the Union and to the Employer, as represented by the Director of Human Resources, within twenty (20) working days from the date the Seniority lists have been posted. Any error found shall be corrected forthwith and, when so corrected, the agreed upon Seniority date shall be final. (e) an employee is 10.04 An Employee shall not lose Seniority rights if absent from work without an approved because of sickness, disability, accident, layoff, vacation, or leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given approved by the employee. Sickness and/or inability to communicate with Employer, unless the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a accumulated period of three (3) calendar months. If such absence exceeds in the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A fullaggregate twenty-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteenfour

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 9.01 18.01 Seniority for all employees shall be defined as the length of continuous service with the Co-operative Employer within the bargaining unit. 9.02 18.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence, during all layoffs, and during all periods of sickness and/or injury. 9.03 Seniority 18.03 An employee shall cease to have seniority rights and their employment status with the Employer shall be broken and terminated for all rights forfeited whenpurposes if the employee: (a) an employee is dismissed duly discharged by the Co-operative for just cause Employer and is not reinstated through the grievance and/or and arbitration procedure contained in this the Agreement; (b) an employee voluntarily leaves the service of the Co-operativequits or resigns; (c) more than twelve has been laid off continuously for a period of one (121) months have elapsed since last so employed, in the event of year and is called back to work after a layoff; (d) an employee fails layoff and does not return to report for work within ten fourteen (1014) calendar days of being recalled after receiving a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed letter sent to the employee's their last known address; (ed) fails to return to work on the completion of an employee is absent from work without an approved authorized leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative Employer shall be considered a satisfactory reason. 9.04 In 18.04 Seniority shall be the governing factor in all matters of demotion promotion, awarding of a new full-time position or vacancy, relieving another employee in a higher paying classification, and recall after layoff, providing the more senior employee has the ability to be able to perform the normal functions of the job. Reverse order of seniority shall be the governing factor in all matters of demotion, layoff, and reduction to part-time, and when assigning an providing the more senior employee has the ability to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, be able to perform the work satisfactorily shall be normal functions of the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall applyjob. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. 18.05 Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over all part- time employees. Part-time employees shall have seniority only over other part-time employees. Part-time employees who become full-time shall begin accumulating their full-full- time seniority at that time. 9.10 Preference 18.06 Full-time employees with one (1) or more years of full-time seniority who are reduced to part-time by the Employer shall be placed at the top of the part-time seniority list. Full-time employees with less than one (1) year of service and who have no continuous part-time service with the Employer shall retain their full-time seniority date in weekly available hours of work within a department for the event they are reduced to part-time. 18.07 No full-time employee shall be laid off and/or reduced to part-time status by the Employer unless all part-time employees have been laid off first. 18.08 The Employer shall give four (4) weeks' notice in writing or four (4) weeks' pay in lieu thereof, to any employee whose status is to be changed by the Employer from full-time to part-time. 18.09 The Employer shall provide the Union in January and July of each calendar year with an up-to-date seniority list of all employees covered under the terms of the Collective Agreement. Copies of the seniority list shall also be given to the most senior part-time employee first, Shop Stewards and thereafter in decreasing order of seniority, providing a copy shall be posted on the affected employee has bulletin board located on the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hoursEmployer's premises. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 9.01 Seniority for all employees shall be defined as the length of continuous service with the Co-operative within the bargaining unit. 9.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absenceabsence except Union Leave as per sub-article 18.02. 9.03 Seniority shall be broken and all rights forfeited when: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreement; (b) an employee voluntarily leaves the service of the Co-operative; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside the scope of the bargaining unit this Agreement shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same said employee will be allowed returned to the bargaining unit within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-part- time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two four (24) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst among full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their fullwill have seniority only within the part-time seniority at that timelist. 9.10 Preference in Scheduling of weekly available hours of work within a their department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. If an employee requests time off from their scheduled hours of work, and if the request is granted by the Co-operative, it is agreed that these hours need not be rescheduled to that employee. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 9.01 Seniority for all employees shall be defined as the length of continuous service with the Co-operative within the bargaining unit. 9.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absenceabsence except Union leave as per Article 18.02. 9.03 Seniority shall be broken and all rights forfeited when: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration Arbitration procedure contained in this Collective Agreement; (b) an employee voluntarily leaves the service of the Co-operative; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without an approved a leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-part- time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two four (24) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees will have seniority only over other part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Agreement

SENIORITY. 9.01 (a) Seniority for all employees shall be defined as commence and accumulate from the length of continuous service date on which a Nurse last commenced employment with the Co-operative within the bargaining unit. 9.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence. 9.03 Employer, Algoma Public Health. Seniority shall be broken recorded in hours. (b) In calculating full time Nurses’ seniority, one (1) complete year of full time service is equal to one thousand eight hundred and all rights forfeited when:twenty (1820) hours. (c) Part time Nurses’ seniority shall be recorded in number of hours paid. (a) Seniority shall be retained and accumulated when a Nurse is absent from work under the following circumstances: i) approved leave of absence with pay; ii) approved leave of absence without pay up to four (4) continuous calendar weeks; iii) when in receipt of Workplace Safety and Insurance Board benefits as a result of injury or illness received while in the employment of the Employer; iv) when in receipt of sick leave benefits, including the EI period of sick leave; v) when on pregnancy/parenting leave; vi) when in receipt of Long Term Disability Benefits if continued to be employed, up to two (2) years; vii) when on approved leave for ONA business; viii) when on an employee approved leave of absence as listed under the provisions of the Employment Standards Act. (b) Seniority shall be retained but not accumulated when a Nurse is dismissed by absent from work under the Cofollowing circumstances: i) for a period of one (1) year after illness allowance credit has been used; ii) when laid off due to reduction in the Nursing staff for a period of less than twenty-operative four (24) calendar months; iii) when on an approved leave of absence without pay which exceeds four (4) continuous calendar weeks; iv) when on a disciplinary suspension unless the suspension is revoked. (c) Seniority will be lost and employment terminated when a Nurse is absent from work under the following circumstances: i) she/he voluntarily quits her/his employment: ii) she/he is discharged for just cause and such discharge is not reinstated reversed through the grievance and/or arbitration procedure contained in this Agreementprocedure; (biii) an employee voluntarily leaves the service of the Co-operative; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee she/he fails to report for to work within ten (10) calendar business days of after being recalled after notified by registered mail to return to work following a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (eiv) an employee she/he is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Coon lay-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period off for a period in excess of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A fulltwenty-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteenfour

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 9.01 22.01 Seniority for all employees shall be defined as the length of continuous service with the Co-operative Employer within the bargaining unit. 9.02 22.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence, during all layoffs of up to twelve (12) months, and during all periods of sickness and/or injury. 9.03 Seniority 22.03 Employees shall cease to have seniority and their employment status with the Employer shall be broken and terminated for all rights forfeited whenpurposes if the employee: (a) an employee is dismissed duly discharged by the Co-operative for just cause Employer and is not reinstated through the grievance and/or and arbitration procedure contained in this the Agreement; (b) an employee voluntarily leaves the service of the Co-operativequits or resigns; (c) is laid off for more than twelve (12) months have elapsed since last so employed, in the event of a layoffmonths; (d) an employee fails is recalled back to report for work after a layoff and does not return to work within ten two (102) calendar days weeks of being recalled after receiving a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed letter to the employee's their last known addressaddress advising of the recall; (e) an employee is absent from work without an approved a written leave of absence for more than three (3) consecutive working shifts days unless a reason satisfactory reason to the Employer is given by the employee. Sickness and/or inability ; (f) fails to communicate with return to work on the Co-operative completion of an authorized leave of absence unless a reason satisfactory to the Employer is given by the employee. 22.04 Seniority bargaining unit wide shall be considered a satisfactory reason. 9.04 In the governing factor in all matters of demotion demotion, layoff, recall after layoff and reduction to part-time, and when assigning an providing the employee has the immediate ability to relieve another employee in a higher paid classification, merit, ability and fitnessperform the normal requirements of the job, as determined by the Co-operativeEmployer. The Employer, in determining ability, agrees to perform the work satisfactorily shall be the governing factorfair and reasonable. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work Seniority within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the firstly, then bargaining unit shall be used. Accumulated full-time seniority wide shall be the governing factor in all matters of promotion, awarding of a new position or vacant position, and relieving another employee in a higher or equally paying classification, providing the employee has the immediate ability to perform the normal requirements of the job, as determined by the Employer. The Employer, in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same timeability, agrees to be fair and reasonable. 9.07 A full22.05 The Employer shall provide the Union every four (4) weeks, with an up-time employee who has less than one (1) to-date seniority list of all employees covered under the terms of the Collective Agreement. The list for the Union in Excel format will be emailed and contain all current information on employees, address, phone number, email, position, rates of pay, any employees on leave and what leave they are on. An up-to-date seniority list consisting of name and seniority only shall be posted in January and July of each calendar year of full-time seniorityon the bulletin board located on the Employer's premises, who is reduced and Shop Stewards shall be entitled to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative make copies. 22.06 Employees within the bargaining unit, who accept a position with the Employer which places them outside of the bargaining unit, shall continue to accumulate seniority for the purpose of this Agreement, for a period of six (6) calendar months. Said employees shall be entitled to return to the bargaining unit when determining where and their former job at any time during the six (6) month period if they are so choose. The Employer shall also have the right to return said employees to their former job at any time during the six (6) month period if it chooses. Employees who remain outside of the bargaining unit for a period in excess of six (6) calendar months shall be placed on the part-time allowed to retain but not accumulate seniority listfor a further six (6) months. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. 22.07 Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become shall have seniority only over other part-time employees. 22.08 The Employer shall give two (2) weeks' notice in writing or two (2) weeks' pay in lieu thereof, to any person whose status is to be changed by the Employer from full-time shall begin accumulating their fullto part-time seniority at that time. 9.10 Preference in weekly available hours 22.09 To be eligible for recall, employees must file their name and current address with the Employer at the time of layoff. 22.10 The Employer may from time to time allocate additional work to bargaining unit employees as it sees fit and on a discretionary basis. The type of work within a department for part-time contemplated is work that would not be done in the normal course by bargaining unit employees shall and in many cases could otherwise be given done by contractors (such as painting, sweeping, checking of freezing belts, cleaning of fire tubes, etc.). Such additional work will be publicised as circumstances permit so as to allow those interested to apply. The Employer has sole discretion on who will perform the most senior part-time employee first, and thereafter in decreasing order of work but will take into account such things as seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hourscost. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

SENIORITY. 9.01 22.01 Seniority for all employees shall be defined as the length of continuous service with the Co-operative Employer within the bargaining unitunit since his / her most recent date of hire. 9.02 22.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence, during all lay-offs, and during all periods of sickness and/or injury. 9.03 Seniority 22.03 An employee shall cease to have seniority rights and his or her employment status with the Employer shall be broken and terminated for all rights forfeited whenpurposes if the employee: (a) an employee is dismissed duly discharged by the Co-operative for just cause Employer and is not reinstated through the grievance and/or and arbitration procedure contained in this the Collective Agreement; (b) an employee voluntarily leaves the service of the Co-operativequits or resigns; (c) more than twelve has been laid off continuously for a period of fifty-two (1252) months have elapsed since last so employed, in the event of weeks or is called back to work after a layoff; (d) an employee fails lay-off and does not return to report for work within ten seven (107) calendar days (or such longer period as may be required to provide another employer with proper notice) of being recalled after receiving a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed letter sent to the employee's his or her last known address; (ed) an employee is absent from work without an approved authorized leave of absence for of more than three (3) consecutive working days unless s/he can satisfy the Employer s/he had a reasonable excuse for being absent; or (e) fails to return to work on the completion of an authorized leave of absence, vacation or suspension unless s/he can satisfy the Employer that s/he had a reasonable excuse for not returning to work. (f) is away for a period of thirty (30) months or more for whatever reason including injury. 22.04 Seniority shall be the governing factor in all matters of promotion, awarding of a new full-time position or vacancy or choice of shifts unless (except as otherwise provided for in Article 7.01), providing the more senior employee: (a) has the qualifications, skill and ability to be able to perform the normal functions of the job for all positions other than Pultrusion Operator and Material Handler; and (b) with respect to Pultrusion Operator and Material Handler, has the qualifications, skill and ability to be able to perform the normal functions of the job and a satisfactory reason is given by the employeeattendance record. Sickness and/or inability to communicate with the Co-operative Seniority shall be considered a satisfactory reason. 9.04 In the governing factor in all matters of demotion relieving another employee in a higher paying classification, recall after lay-off, providing the more senior employee has the qualifications, skill and ability to be able to perform the normal functions of the job. Reverse order of seniority shall apply and be the governing factor in all matters of demotion, lay-off, and reduction to part-time, providing the more senior employee has the qualifications, skill and when assigning an employee ability to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, be able to perform the normal functions of the job. At the Employer’s discretion, probationary employees may be eligible for lay-off and/or recall from lay-off based on their seniority by their most recent date of hire and will have their probationary period adjusted for any such periods of lay-off. It is recognized that all employees working in the Finishing department must be able to repeatedly and correctly read a tape measure in order to do their work satisfactorily shall at all times. Employees that are hired to work or who are transferred into the finishing department from another area or classification will be required to be tested and regularly tested thereafter and pass a tape measure skills test that demonstrates their ability to correctly read a tape measure. A minimum pass mark of 95% is required. No advance notice that the governing factortest will be given is required of the Employer. Where meritThe content of the test and the marking of it and all other matters relating to the testing and skills assessment are at the sole discretion of the Employer. This may include a decision by the Employer to retest the employee, ability and fitness are comparable and sufficientprovide training for the employee, or re-assign the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall applyemployee. 9.05 Any employee promoted to 22.05 Employees from within the bargaining unit who accept a position with the Employer which places them outside of the bargaining unit shall be on a trial period continue to accumulate seniority for a period of three ninety (390) calendar monthsdays. If Except for the employee is not successful in purpose of short term relief for vacation or absenteeism, employees shall be offered the opportunity to leave the bargaining unit and maintain their new position, or if the employee decides seniority for ninety (90) days a maximum of one (1) time per contract year. Said employees shall be entitled to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within and their former job at any time during the three ninety (390) month calendar day period shall do if they so without loss of seniority and benefitschoose. Employees who wish remain outside of the bargaining unit beyond the ninety (90) calendar day time limit shall have their seniority broken and may only return to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and bargaining unit if rehired, in which case they will be provided a new placed at the bottom of the seniority date for all other purposes under this collective agreementlist. 9.06 A full22.06 Full-time employee employees with one (1) or more years of full-time seniority, seniority who is are reduced to part-time by the Co-operative, Employer shall be placed at the top of the part-time seniority list for the purpose of receiving partlist. Full-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service employees with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of service and who have no continuous part-time service with the Employer shall retain their full-time seniority, seniority date in the event they are reduced to part-time. Part-time employees who is become full- time for a period of less than one (1) year and who are then reduced to part-time by the CoEmployer shall retain their original part-operative, shall use the length of their continuous service with the Cotime seniority date. Part-operative within the bargaining unit when determining where they are time employees proceeding to full-time will be placed on at the partbottom of the full-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from 22.07 No full-time employee shall be laid off and/or reduced to a part-time basis. 9.09 Partstatus by the Employer unless all part-time employees will have seniority only over other been laid off first, except where such full-time employee does not possess the qualifications, skill and ability or is unwilling to perform the work required. 22.08 No new employees shall be hired by the Employer so long as there are part-time employees. employees who have the qualifications, skill and ability and are willing to perform the work required, or so long as there are employees who are on lay-off status who have the qualifications, skill and ability and are willing to perform the work required. 22.09 Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-part- time employees. Part-time employees who become shall have seniority only over other part-time employees. 22.10 The Employer shall give two (2) weeks’ notice in writing or two (2) weeks’ pay in lieu thereof, to any person whose status is to be changed by the Employer from full-time shall begin accumulating their fullto part-time seniority at that time. 9.10 Preference in weekly 22.11 Daily available part-time hours of work within a department for part-time employees shall be given scheduled to the most senior part-time employee first, first and thereafter in decreasing order of seniority, providing the affected employee has the qualifications, skill and ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part22.12 Part-time employees shall not be employed or scheduled to the extent that it results in the displacement or prevents the hiring of full-time employees. 22.13 In January and July of every calendar year, the Employer shall post the full seniority list showing the seniority of each employee. The Union shall be emailed a separate seniority list in Excel format that contains the following information: start date, seniority date, classification, department (if applicable), rate of pay, FT/PT status, employee works number, mailing address, email address, telephone number and S.I.N. of all bargaining unit employees including those on leave (including the basic work week for thirteentype of leave). The list will also include all employees who have terminated their employment or retired. Should any portion of this transfer of information by the Employer be reasonably believed by either parties legal counsel to be in violation of any applicable Federal or Provincial Laws, the parties will meet to discuss and amend this article, where necessary so it is consistent with the requirement of those laws. Employees must provide up to date information to the Employer and advise the Employer of any changes. 22.14 When employees are hired on the same day, their names will be placed in a hat and drawn at random. The employee whose name is drawn first will have his/her name appear first on the seniority list. In the event of more than two (2) employees hired on the same day, the above process will apply, with the name being drawn in the order they will appear on the seniority list.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 9.01 Seniority for all employees 12.01 The term “seniority”, as used herein, shall mean accumulated service, calculated from the date the employee actually begins work in the plant, and shall include any classroom training time. 12.02 In the case of equality in seniority ranking, seniority shall be defined as determined by the length alphabetical order of continuous service employee’s last names on their employment application at the time of hire. 12.03 An employee will lose his seniority and his employment with the Co-operative within Company will be terminated for any of the bargaining unitfollowing reasons: a) If he voluntarily quits. 9.02 Seniority shall continue to accumulate during all paid b) If he is discharged and unpaid authorized leaves of absence. 9.03 Seniority shall be broken and all rights forfeited when: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreement;procedure (b) an employee voluntarily leaves the service of the Co-operative; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff;If he retires. (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When If the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without an Company approved leave of absence absence, for more than three (3) or more consecutive working shifts unless days, without advising the Company and providing reasonable cause to justify the absence. e) If an employee has been laid off and does not return to work within five (5) days from delivery of the first notice of the registered letter, advising him to report for duty. A copy of the registered letter will be provided for the Plant Chairperson at the time of mailing f) If an employee is laid off due to lack of work and is not recalled for a satisfactory reason period extending beyond their length of seniority or 24 months, whichever is given by the employee. Sickness and/or inability to communicate with the Co-operative less. 12.04 It shall be considered a satisfactory reasonthe responsibility of the employee to notify the Company in writing promptly of any change in their address and telephone number (listed or unlisted). If any employee fails to do so, the Company will not be responsible for failure of any contact or notice to reach such employee. 9.04 In matters 12.05 The company agrees to post an up-to-date seniority list. A copy of demotion and reduction to part-time, and when assigning an the seniority list will be provided for the Plant Chairperson. 12.06 An employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, who is no longer able to perform the work satisfactorily shall be the governing factor. Where meritin his classification, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order but is capable of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new positionperforming other duties, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time any employee who has less than one (1) year of full-time seniorityincurred a temporary or permanent partial disability, who is reduced to part-time by the Co-operative, shall use the length of their continuous service may after discussion with the Co-operative within Union, be assigned to or retained at an operation which he is capable of performing at the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed prevailing rate of pay of that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee firstposition, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteenconsistent with the

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 9.01 11.01 Seniority for all employees shall be is defined as the length period of continuous service employment with the Co-operative within Employer by the bargaining unitemployee since his or her last date of hire with the Agency. 9.02 11.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence. 9.03 Seniority shall be broken and all rights forfeited when: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreement; (b) an employee voluntarily leaves the service of the Co-operative; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, employee(s) shall be placed at based on paid hours, as recognized in the top Collective Agreement, accumulated since date of the part-time seniority list for the purpose of receiving part-time last hire. It is recognized that sixteen hundred (1600) paid hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than equals one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are service. 11.03 An employee will be deemed to be placed on the partprobation until he/she has completed four hundred and fifty-time seniority listfive (455) hours worked. 9.08 11.04 The Co-operative Agency agrees to give keep a seniority list for all employees and to post same in a conspicuous place. The Agency shall supply the Association with a seniority list annually. The seniority list shall be updated annually and posted and forwarded to the Association no later than the 31st day of January in each year. Information pertaining to interim seniority changes will be made available to the Union Representative at the Executive Director’s office. 11.05 The Agency agrees that in filling positions governed by Article 11.07, the Agency will consider the qualifications, experience, skill and ability of the individual to perform the work required. In the case where two (2) weeks' notice prior or more employees exhibit relatively equal qualifications, experience, skill and ability to changing perform the work required as determined by the Employer, then seniority shall be the determining factor. 11.06 An employee shall lose all service and seniority and shall be deemed to have been terminated if he or she: (a) resigns or retires; (b) is discharged and the discharge is not reversed through the grievance procedure; (c) has been absent due to layoff for a continuous period of eighteen (18) months; (d) is absent from scheduled work for a period of three (3) consecutive working days without notifying the Agency of such absence and providing a reason satisfactory to the Agency; (e) fails to return to work upon termination of an employee's status authorized leave of absence without satisfactory reason or utilizes a leave of absence for purposes other than that for which the leave was granted; (f) fails to return to work within ten (10) calendar days following a layoff after being notified by registered mail to do so, unless through sickness or other reasonable cause he/she is unable to do so; it shall be the responsibility of the employee to keep the Agency informed of their current address; (g) is absent due to work or non-work related illness or injury for a period of twenty-four (24) months unless prohibited by statute. 11.07 In the event new positions are created in the bargaining unit or the Agency wishes to fill vacancies in existing positions, the Agency will post such positions or vacancies for a period of five (5) working days and shall stipulate the qualifications and experience required and the assignments to be filled in order that any interested employee may apply. In the event no qualified employee applies, then the Agency may hire a new employee from full-time an outside source. The name of the successful applicant will be posted by the Agency. 11.08 Any employee presently in the bargaining unit, who elects to transfer to a partposition outside of the bargaining unit, may be rehired into the bargaining unit if a position is available, after the Employer has complied with the job posting and recall provisions. In such event, the returning employee shall be given a seniority date as of his/her date of last entry into the bargaining unit, for purposes of job opportunity and layoff and other non-time basismonetary benefits and provisions. He/she shall retain his/her last date of hire with the Employer for the calculation of salary and any monetary benefits. 9.09 11.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given the first opportunity to fill temporary full-time vacancies if he/she is able to perform the available work. The Employer will outline the conditions and duration of such vacancy. Such temporary vacancy shall not exceed the time required to complete the specific circumstances which gave rise to the most senior temporary vacancy. An employee who is absent due to leave of absence or illness shall have the right to return to his/her former position. 11.10 Seniority shall be retained but not accumulated when an employee is absent from work under the following circumstances: (a) when on an approved leave of absence without pay, exceeding thirty (30) continuous calendar days; (b) when absent on account of accident or illness and not in receipt of sick leave credit. 11.11 A part-time employee first, and thereafter in decreasing order who changes his/her status to full-time will be given seniority credit on the basis of seniority, providing the affected employee has the ability to do the normal requirements sixteen hundred (1600) paid hours of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time being equivalent to one (1) year of full-time service and vice versa. In addition, an employee works who is so transferred will be given credit for paid hours accumulated since the basic work week for thirteendate of his/her last advancement on the seniority list.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 9.01 Seniority for all employees shall be defined as 7.01 It is the length of continuous service with the Co-operative within the bargaining unit. 9.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence. 9.03 Seniority shall be broken and all rights forfeited when: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreement; (b) an employee voluntarily leaves the service intent of the Co-operative; (c) Parties to maintain a ratio wherein not more than twelve twenty percent (1220%) months have elapsed since last so employed, of the total man hours scheduled or worked in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee individual store by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside members of the bargaining unit shall consist of beginner Apprentice Clerks; this does not apply to Courtesy Clerks. This ratio shall be on a trial period for a period maintained among members of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within each Company, in con­ formance with the three above paragraph. Nothing in this Article shall require wage escalation of employees more rapidly than actual experience. The above ratio shall not be considered in new stores for the first sixty (360) month period days of operation. 7.02 Seniority shall do so without loss be defined as length of seniority con­ tinuous employment with the Employer. Seni­ ority shall be applied on an individual store basis by classification. Seniority, as defined above, shall apply in the reduction of the number of employees in the same classification in a store performing comparable work, providing qualifications, ability and benefitsavailability are equal. Employees who wish shall be recalled to work in the reverse order of layoff, subject to the same con­ ditions outlined elsewhere in this Paragraph. 7.03 Up to sixty (60) days temporary absence from work shall not break seniority. Otherwise, em­ ployees shall lose all previous seniority, and their employment relationship shall be terminated for the a. Voluntary quit. b. Justifiable discharge. c. Failure to return to work after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreementtemporary absence. 9.06 A d. Failure to return to work in accordance with the terms and provisions of an authorized leave of absence. e. Failure to return to work when recalled from layoff. 7.04 It is the desire of the Employers and the Union to provide full-time employee with one (1) or more years employment in the Retail Food Industry for as many employees as is practical within the range of full-time senioritysound employment practices, who which these Parties wish to maintain under this Agreement. It is reduced to part-time not the intent of the Employer, by the Co-operativeadoption of this Article, shall be placed at to reduce the top hours of the part-time seniority list for the purpose senior employees ahead of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time junior employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference are available for work in weekly available hours of work within a department for part-time employees the store shall be given to the most senior part-time employee firstassigned any additional available work, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing quali­ fied to perform the work the additional hoursavailable. 9.11 When a part-7.05 Employees displaced by store closure or sale shall be considered for work at another store in the area of the same Employer, in accordance with their Company seniority prior to hiring new em­ ployees. Employees transferred to such store within six (6) months prior to closure or sale shall be al­ lowed to return to their former store location in ac­ cordance with their Company seniority as vacancies occur. The foregoing shall be limited to six (6) months after store closure or sale. If the operation of the foregoing creates hardship for either party, then the Parties agree to meet, to discuss and at­ tempt to resolve such situation. 7.06 Nothing in this Article shall be construed to require pay for time employee works the basic work week for thirteennot worked.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 9.01 Section 2.01 Seniority for all each regular paid employee who has been employed Section 2.02 When making a reduction in the number of employees shall be defined as the length of continuous service due to lack A. Employees who have not established seniority with the Co-operative within the bargaining unitop shall be laid off first. 9.02 Seniority B. Thereafter, employees shall continue to accumulate during all paid and unpaid authorized leaves be laid off in the inverse order of absencetheir established seniority; provided, however, that no Apprentice with less than two (2) years employment as such shall have preference in layoffs over Journeyman in the same classification who have established seniority under this Agreement. 9.03 C. The foregoing provisions of (A) and (B) need not apply when the application thereof would result in the Co-op being required to layoff employees possessed of skills essential to properly perform the work available at the time of the layoff not possessed by employees having established greater seniority; provided that an employee with greater seniority shall have shown that he cannot properly perform the work after a reasonable opportunity based on the position to attempt to perform such work. D. When adding employees, those having established seniority most recently laid off on account of curtailment of work shall be the first among those holding seniority to be reemployed, if available, and physically able to return to work providing they have the qualifications required. Section 2.03 Seniority shall be deemed to have been broken and all rights forfeited when:for the following (a) an A. If the employee resigns. B. If the employee is dismissed by discharged and not reinstated. C. If the Co-operative employee is absent from work without authorized leave except when satisfactory reasons for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreement;his absence are given. (b) an employee voluntarily leaves the service of the Co-operative; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls D. If an employee who has been laid offoff fails to return to work within five (5) days after being properly notified to report to work and does not give a satisfactory reason for failing to report. E. In the event that an employee with two (2) or more years of service is laid off in excess of twelve (12) consecutive months, then the seniority of such employees shall terminate. Section 2.04 Promotions to job vacancies shall be based on seniority, ability and A. Should an employee decline to bid on a vacancy, it shall notify such employee by registered letter, addressed have no effect on his future ability to the employee's last known address; (e) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reasonbid. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any B. An employee promoted to a new position outside of will be given a reasonable opportunity based on the position to demonstrate his qualifications and ability. If he does not qualify in that time period, he shall be returned to the position he formerly held. C. If no bargaining unit shall be employees bid on the vacancy, the Co-op may fill the vacancy at its own discretion. D. When vacancies occur or when new positions are created within the classifications listed in Article 6 of this Agreement, the Co-op will post a trial period notice on bulletin boards for a period of three (3) calendar monthsdays (Sundays and holidays excluded) announcing the position open. If Employees desiring to be considered shall make written application to the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same Manager. Employees on vacation will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss notified of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time posting by the Co-operativeop. When necessary, temporary assignments will be made for the period the position is considered open. E. In no event will an employee in the Central Office classification have the right to bid for any opening as a Communications Man. The Co-op will, however, discuss and consider any request for such transfer. Section 2.05 An employee who has established seniority, if he can be separated A. Notwithstanding any of the other terms hereof, an employee who has been laid off shall be placed at the top of the partdeemed to have lost all accumulated seniority and all right to be re-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service employed unless he registers with the Co-operative within op either in person or by registered mail, at least once a year during the bargaining unit month of December. B. Any written notice to be given under this Agreement shall be used. Accumulated full-time seniority shall be deemed properly given when deposited in the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within United States Post Office under registered mail addressed to the same department is being employed on a part-time basis at the same timelast known address. 9.07 A full-time Section 2.06 An employee who has less than one (1) year is injured while in the employ of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list.op shall 9.08 Section 2.07 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees op and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteenUnion may by mutual agreement suspend or

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 9.01 Seniority (a) That before appointment to the permanent staff, the date of entry into service of an individual for all the purpose of the seniority list shall be the date of the employee’s assignment to the staff; and (b) That after appointment to the permanent staff, the date of entry into service of an individual for the purpose of the seniority list shall be set back from the date on which the employee was assigned to the staff by the aggregate periods of temporary service prior to the date of assignment, provided that no period of temporary service shall be taken into account for any individual prior to the date when the employee may have voluntarily withdrawn from the service of the Division. 10.2 No permanent employee shall be discharged except for cause. 10.3 In the case of temporary lay-off such lay-off in the case of permanent employees who have continuously been in the employ of the Division for six (6) months or more, shall be on the basis that the permanent employee with the least seniority shall be the first to be laid off, and in the case of re-employment the permanent employee having the most seniority of the laid-off permanent employees shall be defined as the length of continuous service with the Cofirst to be re-operative within the bargaining unit. 9.02 hired. Seniority shall continue to accumulate during all paid and unpaid authorized leaves for twelve (12) months from date of absencelay-off. 9.03 Seniority 10.4 An employee shall lose seniority and their name shall be broken and all rights forfeited whenremoved from the seniority list for any one of the following reasons: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreement;voluntary termination of employment; or (b) an employee voluntarily leaves the service of the Co-operative;discharge for just cause; or (c) more than twelve (12) months have elapsed since last so employed, in retirement under the event terms of a layoff;the Division’s Pension Plan; or (d) failure to return to work following an authorized leave of absence unless through illness or other such reason acceptable to the Division; or (e) absence of more than two (2) consecutive working days without notifying the Production Supervisor or the ▇▇▇▇▇▇▇; or (f) failure to contact the appropriate District Maintenance Manager or District Maintenance Supervisor within five (5) working days after receiving notice of recall from lay-off by registered mail to do so, unless through illness or other such reason acceptable to the Division. The employee fails shall not be required to report for return to work within ten following lay-off earlier than fifteen (1015) calendar working days after receipt of the above notice unless through mutual agreement of the employee and the Division. The onus is on the employee to inform the Division in writing of their current address. A copy of said notice of recall from lay-off will be forwarded to the Union no later than such notice being recalled after a layoffsent to the individual. When Notwithstanding the Co-operative recalls remedial authority of an arbitrator under the Labour Relations Act, an employee who has been laid offlost seniority as a result of the application of this clause shall be notified that their employment is terminated and where such notice is given, it shall notify such employee by registered letter, addressed be considered as just cause for termination. 10.5 Seniority will continue to the accrue if an employee's last known address;: (a) is on any period of paid leave of absence; or (b) is on any period of paid sick leave; or (c) is on any period of paid vacation; or (d) is on any period of unpaid leave of absence of less than five (5) consecutive days; or (e) an employee is absent from work without on Workers Compensation other than being in receipt of the total permanent disability benefits established under Workers Compensation. 10.6 Seniority will be retained but will not accrue if an approved employee: (a) is on any period of unpaid leave of absence for of more than three five (35) consecutive working shifts unless a satisfactory reason days; or (b) is given by laid off for less than eighteen (18) consecutive months; or (c) is in receipt of the employee. Sickness and/or inability to communicate with total and permanent disability benefits established under any disability plan or pension plan. 10.7 A copy of the Co-operative seniority list shall be considered a satisfactory reasonprovided and sent to each employee covered under the Agreement not later than May 15 in each year. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 9.01 29.1 Seniority for all employees shall be defined as the uninterrupted length of continuous service in a position within the Bargaining Unit with the Co-operative within University of Toledo and/or predecessors of the bargaining unit. 9.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves University of absence. 9.03 Toledo. Seniority shall be broken and all rights forfeited when:measured in calendar days of employment. Any employee under jurisdiction of this Agreement transferred or promoted to a position with the Employer not under this Agreement may be returned without loss of seniority already earned to the date of transfer. (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained 29.2 The term "continuous service" as used in this Agreement, shall be so construed that absence from employment due to illness, accident, other approved leaves of absence or layoffs up to two (2) years due to lack of work or funds shall not cause a break in the term "continuous service." It shall, however, be broken for any of the following reasons: A. Quit or voluntary resignation; (b) an employee voluntarily leaves the service of the Co-operativeB. Discharge for cause; (c) more than twelve (12) months have elapsed since last so employed, in the event C. Failure to return to work at scheduled expiration of a layoffleave of absence; D. A leave of absence may be cancelled and service broken if the employee performs other work without the Employer's knowledge; E. An employee absent from work for three (d3) an consecutive working days without notification in accordance with departmental procedures will be considered a voluntary quit and will cancel all previous seniority except in case of extreme personal emergency, such case to be reviewed by Management and the Union. F. An employee on layoff who fails to report for work within ten (10) calendar days after being notified by registered mail at their last known address on file in the Human Resources Department will be considered as a voluntary quit and this will cancel all seniority and re-employment rights unless the Human Resources Department has been properly notified and has agreed to the extension of being recalled after a layofftime. When the Co-operative recalls If an employee who has been is to be separated under this section the Union shall be notified and shall have five (5) working days in which to determine if there are extenuating circumstances which prevented the laid off, it off individual from responding. The parties agree to meet within the five (5) days to consider the possible extension of the reporting time by the Employer. 29.3 The Employer will provide up-to-date classification seniority lists to the Union. These lists shall notify such employee by registered letter, addressed be kept up to date and give the employee's last known address; (e) an employee is absent from work without an approved leave date of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by employment in the employeeclassification and total seniority. Sickness and/or inability to communicate with the Co-operative The list shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date available for all other purposes under this collective agreementemployees to examine. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Contract Agreement, Collective Bargaining Agreement

SENIORITY. 9.01 A. Seniority for all rights of employees shall be defined as the length of continuous service with the Co-operative within the bargaining unit. 9.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence. 9.03 prevail on a Center basis. Seniority shall be broken and all rights forfeited when: (a) an employee is dismissed only by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreement; (b) an employee voluntarily leaves the service of the Co-operative; (c) discharge, voluntary quit, or more than twelve a three (123) months have elapsed since last so employedyear layoff., in or absence of five (5) years. In the event of a layoff; (d) , an employee fails to report for work within so laid off shall be given ten (10) calendar days notice of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed recall mailed to the employee's his/her last known address; (e) an address by telegram, registered or certified mail. The employee is absent from must respond to such notice within three days after receipt thereof, by telegram, registered or certified mail and actually report to work without an approved leave seven days after receipt of absence notice, unless otherwise mutually agreed to. In the event the employee fails to comply with the above, he/she shall lose all seniority rights under this Agreement. A list of employees, arranged in order of their seniority, shall be posted in a conspicuous place at their place of employment. Stewards shall be granted super-seniority for more than three (3) consecutive working shifts unless a satisfactory reason is given all purposes, including layoff, rehire and job preference if requested by the employeeLocal Union within sixty (60) days after the effective date of this Agreement, but only one ▇▇▇▇▇▇▇ shall have super-seniority for such purposes. Sickness and/or inability to communicate with The Local Union and the Co-operative Employer shall be considered a satisfactory reason. 9.04 In matters agree on circumstances under which persons who leave classifications of demotion and reduction to part-timework covered by this Agreement, and when assigning an employee to relieve another employee but remain in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside employ of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful Employer in some other capacity may retain seniority rights upon their new position, or if the employee decides to return to their former job within original unit. In the bargaining unitabsence of such express agreement such employees shall lose all seniority rights. B. A new employee shall work under the provisions of this Agreement but shall be employed only on a thirty (30) working day trial basis, same will during which period he/she may be allowed within discharged without further recourse, provided, however, that the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date Employer may not discharge or discipline for the purpose of vacation entitlement and will be provided evading this Agreement or discriminating against Union members. Employees qualifying for a new seniority date for all other purposes under this collective agreement. 9.06 A full-full time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees package opening shall have seniority over part-time employeesa thirty (30) working day trial period after completing orientation and/or training school, not to exceed fifteen (15) days. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work After working thirty (30) days within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteenany ninety

Appears in 2 contracts

Sources: Supplemental Agreement, Supplemental Agreement

SENIORITY. 9.01 Seniority for all employees shall be defined as the length of continuous service with the Co-operative within the bargaining unit. 9.02 6.01 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence. 9.03 Seniority shall be broken and all rights forfeited when: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreement; (b) an employee voluntarily leaves the service of the Co-operative; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to mean the employee's last known address; (e) an employee service with British Airways, calculated from his latest date of joining the Company, within his classification, at the specific location where this Agreement is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reasonin force. 9.04 In matters of demotion 6.02 Seniority, qualifications and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements work required shall govern all employees classified herein (and such additional classifications as may be mutually agreed between British Airways and the Union) in the case of reduction in force and re-employment after release due to reduction in force. No employee shall be returned to work after a lay-off out of line with his seniority, without the mutual agreement of both parties to the Agreement. Before such action is taken British Airways agrees to discuss it with the Union Committee at one of its regular meetings, without prejudice to the Rights of Management, as defined in Article 2 hereof. 6.03 In the event of a reduction in force calling for demotion and/or lay-off, the following procedure will be followed: 6.04 An employee who is re-classified or promoted will be given an appropriate training period and hence given a minimum of thirty (30) days in his new classification to demonstrate his ability to perform the job in a satisfactory manner, and providing if he fails to give satisfaction in the employee new classification, will be told the reasons, in writing, why he is available and willing to work the additional hoursnot considered suitable for retention in that job. 9.11 When 6.05 Employees promoted to supervisory or administrative positions, not covered herein, will retain and accrue seniority in the classification from which promoted for a partmaximum of six (6) months, however, they may exercise the right to displace only in the event their work does not prove satisfactory, reduction in force or an elimination of position. 6.06 Seniority need not, in any respect, govern assignments to temporary duty field service or special assignment duty or to temporary positions in higher paid classifications of less than thirty (30) calendar days. 6.07 An employee who has completed his probationary period and is laid-off due to a reduction in force shall retain his seniority during such lay-off for a period not exceeding his previous service up to a maximum of twenty-four (24) months. An employee who has completed his probationary period and is demoted due to a reduction in force shall retain his seniority in the classification from which demoted. An employee to be laid-off must exercise seniority in the classification in which he holds seniority, by advising the Personnel Department of British Airways in writing seven (7) calendar days from the receipt of his lay-off notice. In the event he does not exercise such seniority he forfeits same. A laid-off or demoted employee shall be recalled to the classification from which he/she was laid-off. 6.08 An employee laid off shall file proper addresses with British Airways at the time of lay-off, and any subsequent change of address. An employee works will be notified of recall by Registered Mail or courier and must notify British Airways within seven (7) days, the basic date he will report for duty. An employee who fails to give such notice or who fails to return to duty within fifteen (15) days shall lose all rights to recall. 6.09 An employee shall forfeit all seniority rights when he/she: a) Resigns from the service of British Airways; b) Is discharged and such discharge is not reversed through the Grievance procedure; c) Is absent from work week without permission for thirteenfive (5) days unless such absence is justified; and d) Fails, unless he has a justifiable excuse, to report for work on the first day following the expiration of a Leave of Absence or Vacation. 6.10 1) A seniority list for each location prepared by British Airways, shall be provided to all Union employees within thirty (30) days after the signing of this Agreement, showing each employee's name and seniority date. Thereafter the Company shall provide all Union employees with a seniority list each six (6) months to enable each employee to verify their own seniority date. The employees will then be allowed sixty (60) calendar days in which to protest such list to the Union Committee Chairperson, any omission or error affecting his seniority. The Union Committee Chairperson in turn shall verify the list and may protest in

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 9.01 A. Seniority 1. Seniority for all of employees shall will be defined as the based upon classification and length of continuous service with the Co-operative within the bargaining unitCity Colleges of Chicago. 9.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves 2. Conflicts in seniority between employees in a particular classification who have identical periods of absence. 9.03 Seniority shall be broken and all rights forfeited when: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreement; (b) an employee voluntarily leaves the service of the Co-operative; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same Colleges will be allowed within resolved in favor of those who have the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss greatest number of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative Colleges. 3. A Unit II employee who moves to a Unit I position shall retain her seniority. B. Reductions In Force 1. Reductions in force decisions. The Board shall determine which departments and classifications or titles within the bargaining unit departments are to be reduced at a Board facility. Reductions in force shall be usedconducted by College which shall include the College’s satellite facilities or campuses. 2. Accumulated Selection of employees for reductions in force. Employees in a classification within a College selected for reduction shall be laid off in the following order: a. Temporary employees; b. Probationary employees; c. Inverse order of seniority provided however, that the Board may select an employee for layoff out of inverse order of seniority if that employee has received a disciplinary suspension in the preceding twelve (12) months. Where and to the extent feasible, part-time and/or hourly employees performing clerical, technical or non-professional work within a College shall be reduced in force prior to the reduction in force of any full-time seniority shall bargaining unit employee within said College. However, no part-time or hourly employee will be the governing factor reduced in determining force in accordance with this provision if he or she is performing work that cannot be performed efficiently by a full-time employee's seniority ranking in situations where more than one fullexisting bargaining unit employee working a full normal schedule at regular straight-time pay rates. 3. A competent, able and efficient employee not being laid off under paragraph 2 above but whose job is eliminated (“displaced employee”) shall be placed within the same department is being employed on a part-time basis at College (which shall include the College’s satellite facilities or campuses) in the following order of priority if and to the extent feasible: a. Placed in an open position within the same timeclassification. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing b. Placed in an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority open position for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing which the employee is available and willing to work qualified as determined by the additional hoursemployer. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 9.01 20.01 Seniority for all employees shall be defined as the length of continuous service with the Co-operative Employer within the bargaining unitunit since the employee's most recent date of hire. 9.02 20.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absenceabsence and layoffs. 9.03 Seniority 20.03 An employee shall cease to have seniority rights and his or her employment status with the Employer shall be broken terminated for all purposes and all rights forfeited whenfor just cause if the employee: (a) an employee is dismissed duly discharged by the Co-operative for just cause Employer and is not reinstated through the grievance and/or arbitration Grievance and Arbitration procedure contained in this the Agreement; (b) an employee voluntarily leaves the service of the Co-operativequits or resigns; (c) more than twelve has been laid off continuously for the lesser of fifty-two (1252) months have elapsed weeks or a period of time equal to the employee's length of continuous service with the Employer since last so employedhis or her most recent date of hire, in the event of or is called back to work after a layoff; (d) an employee fails layoff and does not return to report for work within ten fourteen (1014) calendar days of being recalled after receiving a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed letter sent to the employee's his or her last known address; (ed) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts days unless a satisfactory reason is given by the employee. Sickness and/or inability ; (e) fails to communicate with return to work on the Co-operative completion of an authorized leave of absence, vacation or suspension unless a satisfactory reason is given by the employee. 20.04 Seniority shall be considered a satisfactory reason. 9.04 In the governing factor in all matters of demotion promotion, demotion, awarding of a new position or vacancy, layoff, recall after layoff, and reduction to part-timetime providing, in the judgment of the Employer, which shall not be exercised in an arbitrary or discriminatory manner, the affected employee has the fitness and ability to perform the required normal functions of the job as may be determined by the Employer. Seniority in an employee’s area would govern when assigning an employee to relieve relieving another employee in a higher paid paying classification. 20.05 The Employer shall provide the Union, meriton a quarterly basis, ability with an up-to-date seniority list in Excel format of all full-time and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to all part-time, where reverse order time employees covered under the terms of seniority shall applythe Collective Agreement. 9.05 Any employee promoted to 20.06 Employees within the bargaining unit who accept a position with the Employer which places them outside of the bargaining unit shall be on a trial period continue to accumulate seniority for the purpose of this Agreement for a period of three six (36) calendar months. If the employee is not successful in their new position, or if the employee decides Said employees shall be entitled to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within and their former job at any time during the three six (36) month period shall do if they so without loss of seniority and benefitschoose. Employees who wish to return after a three remain outside of the bargaining unit beyond the six (36) month period will maintain their original time limit shall keep the seniority date as their service date they had immediately prior to leaving the bargaining unit in the event they eventually return to the bargaining unit but shall not, in such cases, accumulate any seniority for the purpose time period that they were outside of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreementthe bargaining unit beyond the six (6) month limitation. 9.06 A full20.07 For the purposes of allocating part-time hours of work there shall be two (2) areas for part-time employees which shall be the Pilot Mound and the ▇▇▇▇▇▇▇ area. Each part-time employee with one (1) shall be assigned to the area closest to where he or more years of fullshe resides from time to time. Part-time seniority, who is reduced to part-time by the Co-operative, employees shall be placed at entitled to exercise their seniority to receive hours of work in their area, but shall not be entitled to exercise their seniority to receive hours of work in the top of other area. To the part-time seniority list for the purpose of receiving extent reasonably possible, all available part-time hours of work within each area shall be offered to the department they were working in at the time of their reduction to most senior part-time employee first and for thereafter in decreasing order of seniority, providing the purpose of determining their seniority ranking should a full-time job within said department become employee is available at a later date. In all other matters said full-time employee's length of continuous service with and willing to work the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one hours. 20.08 No full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is shall be laid off and/or reduced to part-time status by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the Employer unless all present part-time seniority listemployees have been laid off first. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. 20.09 Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees and spare employees. Part-time employees who become full-time shall begin accumulating their full-time have seniority at that time. 9.10 Preference in weekly available hours of work within a department for only over other part-time employees and spare employees. 20.10 The Employer shall be given give two (2) weeks' notice in writing or two (2) weeks' pay in lieu thereof to any employee whose status is changed by the most senior Employer from full-time to part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hourstime. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 9.01 21.01 Seniority for all employees shall be defined as the length of continuous service with the Co-operative Employer within the bargaining unit. 9.02 21.02 Seniority shall will continue to accumulate accrue during all paid and unpaid authorized leaves of absence, during all layoffs, during vacations and during all periods of sickness and/or injury. 9.03 21.03 Seniority shall be broken and all rights forfeited whenemployment within the bargaining unit will terminate if an employee: (a) an employee is dismissed discharged by the Co-operative for just cause Employer and is not reinstated through the grievance and/or and arbitration procedure contained in this the Agreement; (b) an employee resigns or voluntarily leaves the service of the Co-operativequits; (c) more than twelve has been laid off continuously for a period of fifty-two (1252) months have elapsed since last so employed, in the event of a layoffweeks; (d) an employee fails is called back to report for work after ▇▇▇▇▇▇ and does not return to work within ten fourteen (1014) calendar days of being recalled after receiving a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed letter sent to the employee's their last known address;, or does not communicate with the Employer as required by Article 15. (e) an employee is absent from work without an approved leave of absence for more than three five (35) consecutive working shifts days without a written leave of absence, unless a satisfactory reason is given by the employee. Sickness and/or True inability to communicate with the Co-operative Employer shall be considered a satisfactory reason; or (f) fails to return to work on the completion of an authorized leave of absence without a reasonable explanation satisfactory to the Employer; or (g) is absent from the workplace due to illness or disability, however caused, for a period of two (2) years, excluding an employee who is in receipt of Workers Compensation benefits, for any period including a period in excess of two (2) years; or (h) is on long term disability longer than twenty-four (24) months. 9.04 21.04 In all matters of demotion and reduction to partpromotion within the bargaining unit, awarding of a new full-timetime position or vacant position within the bargaining unit, and when assigning an employee to relieve relieving another employee in a higher paid classificationpaying classification within the bargaining unit, meritand recall after layoff, where fitness, ability and fitnessreliability are relatively equal, as determined by the Co-operative, to perform the work satisfactorily seniority shall be the governing factorconsideration, providing the more senior employee has the ability to perform the normal functions of the job. Where meritIn all matters of non-disciplinary demotion, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions layoff and reduction to part-time, where fitness, ability and reliability are relatively equal, reverse order of seniority shall applybe the governing consideration, providing the more senior employee to be retained has the ability to perform the normal functions of the job. 9.05 Any employee promoted to 21.05 Employees from within the bargaining unit who accept a position with the Employer which places them outside of the bargaining unit shall be on a trial period maintain seniority for a period of three (3) calendar months. If This employee shall cease all association with the Union, including payment of Union dues. Commencing with, and included in the acceptance of the non-bargaining unit position, the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the placed on probation for a period of three (3) month calendar months of actual work. During this period. Any , with ten (10) days' working notice, the employee who returns shall be entitled to return to the bargaining unit within and his/her former position and rate of pay. During the three (3) month period probationary period, the Employer shall do so without loss also have the right to return the employee to his/her former position and rate of seniority and benefitspay. Employees who wish remain outside of the bargaining unit beyond the probation period shall be deemed to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreementhave left Union membership. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to 21.06 No new employees shall be hired by the Employer so long as there are qualified part-time employees who have the immediate ability and who are willing to perform the work required without incurring overtime, or so long as there are employees who are on layoff status who have the immediate ability to do the job and who are willing to perform the work required. 21.07 The Employer shall give fourteen (14) calendar days' notice in writing or fourteen (14) calendar days' pay in lieu thereof, or any combination of notice or pay in lieu to any employee whose status is to be changed by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status Employer from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the 21.08 The most senior part-time employee first, first and thereafter in decreasing descending order of seniorityseniority will be scheduled on a bi-weekly basis for at least as many hours as any junior part-time employee, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the hours. This provision applies only to regularly scheduled hours and does not apply to additional hours including: overtime or call-in hours. 9.11 When 21.09 In January and July of every calendar year, the Employer shall post the full seniority list showing the seniority of each employee. The Union shall be emailed a part-time separate seniority list in Excel format that contains the following information: start date, seniority date, classification, department (if applicable), rate of pay, FT/PT status, employee works number, mailing address, email address, telephone number and S.I.N. of all bargaining unit employees including those on leave (including the basic work week for thirteentype of leave)

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Agreement

SENIORITY. 9.01 Seniority (a) That before appointment to the permanent staff, the date of entry into service of an individual for all the purpose of the seniority list shall be the date of assignment to the staff; and (b) That after appointment to the permanent staff, the date of entry into service of an individual for the purpose of the seniority list shall be set back from the date on which the employee was assigned to the staff by the aggregate periods of temporary service prior to the date of assignment, provided that no period of temporary service shall be taken into account for any individual prior to the date when the employee may have voluntarily withdrawn from the service of the Division. 10.2 No permanent employee shall be discharged except for cause. 10.3 In the case of temporary lay-off, such lay-off in the case of permanent employees who have continuously been in the employ of the Division for six (6) months or more, shall be on the basis that the permanent employee with the least seniority shall be the first to be laid off, and in the case of re-employment the permanent employee having the most seniority of the laid-off permanent employees shall be defined as the length of continuous service with the Co-operative within the bargaining unit. 9.02 first to be rehired. Seniority shall continue to accumulate during all paid and unpaid authorized leaves for eighteen (18) months from date of absencelay-off. 9.03 Seniority 10.4 An employee shall lose seniority and the employee's name shall be broken and all rights forfeited whenremoved from the seniority list for any one of the following reasons: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreement;voluntary termination of employment; or (b) an employee voluntarily leaves the service of the Co-operative;discharge for just cause; or (c) more than twelve (12) months have elapsed since last so employed, in retirement under the event terms of a layoff;the Division's Pension Plan; or (d) failure to return to work following an employee fails to report for work within ten (10) calendar days authorized leave of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify absence unless through illness or other such employee by registered letter, addressed reason acceptable to the employee's last known address;Division; or (e) an employee is absent from work without an approved leave absence of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' consecutive working days without notifying the appropriate District Maintenance Manager or the appropriate District Maintenance Supervisor unless through illness or other such reason acceptable to the Division; or (f) failure to contact the appropriate District Maintenance Manager or the appropriate District Maintenance Supervisor within five (5) working days after receiving notice prior of recall from lay-off by registered mail to changing do so, unless through illness or other such reason acceptable to the Division. The employee shall not be required to return to work following lay-off earlier than fifteen (15) working days after receipt of the above notice unless through mutual agreement of the employee and the Division. The onus is on the employee to inform the Division in writing of his current address. A copy of said notice of recall from lay-off will be forwarded to the Union no later than such notice being sent to the individual. An employee who has lost seniority as a result of the application of this clause shall be notified that their employment is terminated and where such notice is given, it shall be considered as just cause for termination. 10.5 Seniority will continue to accrue if an employee's status from full-time to a part-time basis: (a) is on any period of paid leave of absence; or (b) is on any period of paid income protection; or (c) is on any period of paid vacation; or (d) is on any period of unpaid leave of absence of less than five (5) consecutive days; or (e) is absent on Workers' Compensation other than being in receipt of the total permanent disability benefits established under Workers' Compensation. 9.09 Part-time employees 10.6 Seniority will have seniority only over other part-time employees. Seniority be retained but will not accrue if an employee: (a) is on any period of unpaid leave of absence of more than five (5) consecutive days; or (b) is laid off for full-time employees shall apply amongst full-time employees less than eighteen (18) consecutive months; or (c) is in receipt of the total and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that timepermanent disability benefits established under any disability plan or pension plan. 9.10 Preference in weekly available hours 10.7 A copy of work within a department for part-time employees the seniority list shall be given provided and sent to each employee covered under the most senior part-time employee first, and thereafter Agreement not later than May 15 in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hourseach year. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 9.01 Section 1. Seniority for all employees standing shall be defined as granted to any regularly employed operating and/or maintenance employee covered by this contract after ninety (90) days worked. The standing is to be determined upon the basis of length of continuous employment of the employee, including service in the Armed Forces of our country in accordance with the Co-operative within the bargaining unitconditions of a military leave of absence as outlined in Article XXII, “Veteran’s Rights” or other leaves so specified. 9.02 Seniority Section 2. The first ninety (90) days worked shall continue to accumulate be considered probationary and during all paid and unpaid authorized leaves this period the probationary employee may be laid off, discharged, or transferred solely at the discretion of absencethe administration, provided other employees’ seniority rights are not infringed upon. 9.03 Section 3. If the employee is continued in the employment of the School System beyond the ninety (90) days‐worked probationary period, the employee shall acquire the status of a regular employee and seniority established from the first day worked as a probationary employee. This provision shall not include anyone employed to do specific work which cannot be done by regular employees. Section 4. No student in the Wyandotte Public Schools enrolled in the regular school program can acquire seniority under any circumstances. Section 5. Seniority used to bid jobs by an employee demoted from a supervisory position shall consist of seniority accumulated from date of hiring until time of promotion to a supervisory position, or until July 1, 1966, whichever is later. If demoted, he/she shall be broken and all rights forfeited when:unassigned until such time as a job opens for bidding by regular employees, at which time he/she may exercise his/her seniority to bid. Such demotion shall not result in the discharge of a regular employee. (a) an employee is dismissed Seniority, regardless of its length, acquired by the Co-operative less‐than‐eight (8)‐hour employees, cannot be used to out‐bid seniority acquired by eight (8)‐hour employees in bidding for just cause and is eight (8)‐hour jobs. Seniority acquired by eight (8)‐hour employees cannot reinstated through the grievance and/or arbitration procedure contained be used to out‐bid seniority acquired by less‐than‐eight (8)‐hour employees in this Agreement;bidding for less‐than‐eight (8)‐hour jobs. (b) A less‐than‐eight (8)‐hour employee bidding into an eight (8)‐hour job will carry seniority (prorated) to the eight (8)‐hour job. Those now employed in eight (8)‐hour jobs will have any previous four (4)‐hour seniority prorated and added on in their present eight (8)‐ hour seniority. Vacation time allowed shall be based on the above basis (refer to Article VIII, Section 6, relative to pro‐ration). Section 7. An employee voluntarily leaves shall lose his/her seniority standing for the service of the Co-operativefollowing reasons: a. Resignation or retirement; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoffb. Dismissal for just cause; (d) an employee fails to report c. Absence for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reasondays without notifying (without just cause) supervision. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Master Agreement, Master Agreement

SENIORITY. 9.01 SECTION I: Seniority for all employees shall be defined as based upon the length of continuous accumulated service with in the Co-operative within employ of the bargaining unit. 9.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves Town since the last date of absence. 9.03 Seniority shall be broken and all rights forfeited when: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained hiring, except as otherwise provided in this Agreement;. SECTION II: An Employee shall have no authority rights of any kind during the first One Hundred Eighty (b180) an employee voluntarily leaves days of employment. Upon completion of this probationary period, seniority shall accrue to said Employee beginning with the service first day of employment by the Town. SECTION III: All matters concerning layoffs and reemployment shall be subject to the provisions of Chapter 31 of the Co-operative;Massachusetts General Laws as amended and applicable under which seniority shall control layoffs and reemployment when the senior employees have the ability and qualifications for the job involved. An employee who has completed his probationary period and who is laid off for lack of work shall be given at least a five (5) working day written notice of layoff by the Town. SECTION IV: Employees shall be considered by the Town for an available opening on the basis of their ability and qualifications to perform the job. Where such ability and qualifications are possessed by two or more interested employees, seniority shall control. SECTION V: The principle of seniority within each classification shall govern and control in all cases of transfer, as well as preference in assignment to shift work and choice of vacation period. An employee, who wishes to exercise his seniority right in reference to his choice of a vacation period, shall request his desired vacation period at least sixty (c60) more than twelve (12) months have elapsed since last so employeddays in advance, and in the event he fails to do so, other vacation requests shall be processed as received. SECTION VI: The services of a layoffan Employee during any period of employment by the Town shall be disregarded and his seniority shall cease and terminates: a) If he resigns in writing; b) If he is discharged for just cause; c) If he does not return to work within fourteen (14) working days after the mailing by the Town by certified mail or a Notice of Recall sent to him at his correct address except for reasonable cause; d) an employee fails If he is laid off for a period of time equal to report for work within ten (10) calendar days his accumulated total seniority at the time of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed layoff but in no event to the employee's last known address; (e) an employee is absent from work without an approved leave of absence for more than exceed three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reasonyears. 9.04 In matters SECTION VII: The provisions of demotion this Article are subject to Article 21 of this Agreement and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside Chapter 31 of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority Massachusetts General Laws as amended and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreementapplicable. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 9.01 21.01 Seniority for all employees shall be defined as the length of continuous service with the Co-operative Employer within the bargaining unit. 9.02 21.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence, during all layoffs, and during all periods of sickness and/or injury. 9.03 Seniority 21.03 An employee shall cease to have seniority rights and their employment status with the Employer shall be broken and terminated for all rights forfeited whenpurposes if the employee: (a) an employee is dismissed duly discharged by the Co-operative for just cause Employer and is not reinstated through the grievance and/or arbitration Grievance and Arbitration procedure contained in this the Agreement; (b) an employee voluntarily leaves the service of the Co-operativequits or resigns; (c) more than twelve has been laid off continuously for a period of fifty-two (1252) months have elapsed since last so employed, in the event of weeks or is called back to work after a layoff; (d) an employee fails layoff and does not return to report for work within ten fourteen (1014) calendar days of being recalled after receiving a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed letter sent to the employee's their last known address; (ed) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts days unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative Employer shall be considered a satisfactory reason; (e) fails to return to work on the completion of an authorized leave of absence unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Employer shall be considered a satisfactory reason. 9.04 In 21.04 Seniority shall be the governing factor in all matters of demotion promotion, awarding of a new full-time position or vacancy, relieving another employee in a higher paying classification and recall after layoff, providing the more senior employee has the ability and qualifications to be able to perform the normal functions of the job. Reverse order of seniority shall apply and be the governing factor in all matters of demotion, layoff and reduction to part-time, and when assigning an providing the more senior employee to relieve another employee in a higher paid classification, merit, has the ability and fitness, as determined by the Co-operative, qualifications to be able to perform the work satisfactorily shall be normal functions of the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall applyjob. 9.05 Any employee promoted to 21.05 Employees from within the bargaining unit who accept a position with the Employer which places them outside of the bargaining unit shall be on a trial period continue to accumulate seniority for a period of three ninety (390) calendar monthsdays. If the employee is not successful in their new position, or if the employee decides Said employees shall be entitled to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within and their former job at any time during the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteenninety

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 9.01 Seniority for all employees shall be defined as the length of continuous service with the Co-operative within the bargaining unit. 9.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absenceabsence except Union Leave as per sub-article 18.02. 9.03 Seniority shall be broken and all rights forfeited when: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration Arbitration procedure contained in this Collective Agreement; (b) an employee voluntarily leaves the service of the Co-operative; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without an approved a leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-part- time, where reverse order of seniority shall apply. 9.05 Seniority shall be the governing factor in the choice of vacation. 9.06 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, the Co-operative may return them to their former position, or if the employee decides to return to their former job position within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 9.07 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-part- time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one (1) full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 9.08 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 9.09 The Co-operative agrees to give two four (24) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. 9.10 Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become fullwill have seniority only over other part-time shall begin accumulating their full-time seniority at that timeemployees. 9.10 9.11 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 9.12 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 9.01 Seniority for all employees shall be defined as the length of continuous service with the Co-operative within the bargaining unit. 9.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absenceabsence except Union leave as per Article 18.02. 9.03 Seniority shall be broken and all rights forfeited when: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration Arbitration procedure contained in this Collective Agreement; (b) an employee voluntarily leaves the service of the Co-operative; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without an approved a leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 9.01 20.01 Seniority for all employees shall be defined as the length of continuous service employment with the Co-operative Company within the bargaining unit. Temporary absence from work, as set forth in this Agreement, shall not break seniority. 9.02 20.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence for the first three (3) calendar months only. Thereafter, seniority shall be maintained until the employee returns to work. The exception to this shall be layoffs, and any leave of absence for sickness, injury, maternity leave, or parental leave, where in such case seniority shall accrue during the entire layoff or leave of absence, as the case may be. 9.03 20.03 Seniority shall rights of an employee may be broken and all rights forfeited whenterminated for any of the following reasons: (a) if an employee is dismissed by voluntarily leaves the Co-operative for just cause and is not reinstated through employ of the grievance and/or arbitration procedure contained in this AgreementCompany; (b) if an employee voluntarily leaves is discharged for just and sufficient cause and the service employee is not reinstated through use of the Co-operativeGrievance Procedure; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) if an employee fails to report for return to work after a layoff within ten seven (107) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who notice to return to work has been laid off, it shall notify such employee forwarded by registered lettermail to their last address on file with the Company, addressed to the employee's last known address; (e) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability Substantiated illness, injury, or situations where notice to communicate terminate employment with the Co-operative another Company is required to be given to said Company, shall be considered as a satisfactory reason. Where such notice is required to be given to another Company the seven (7) days' notice referred to above shall be increased to fourteen (14) calendar days; (d) if an employee fails to return to work after the completion of an authorized leave of absence unless a satisfactory reason is given by the employee. Substantiated illness or injury shall be considered as a satisfactory reason; (e) if an employee has not performed work for the Company during any twelve (12) consecutive calendar month period, except in the case of accident, sickness or disability; (f) if an employee has failed to report for work for more than three (3) consecutive working days unless a satisfactory reason is given by the employee. Substantiated illness or injury shall be considered as a satisfactory reason. 9.04 In matters 20.04 The awarding of demotion and reduction to part-timepromotions, and when assigning an employee to relieve another employee vacancies, or relieving in a higher paid classification, merit, rated classification shall be done on the basis of seniority providing the senior applicant possesses the skill and ability and fitness, as determined by the Co-operative, to perform the work satisfactorily normal requirements of the job. The determination of sufficient skill and ability to perform the normal requirements of the job shall be based on evidence and standards that are reasonable, demonstrable and objective, and both on the job experience and related experience shall be considered substantial evidence of sufficient skill and ability to perform any job under consideration. In the event of a promotion, the employee will be on a trial period for ninety (90) working days during which time he or she may elect to return to his or her former job, or the Company may return the employee to his or her former job for just cause. 20.05 Seniority shall be the governing factorfactor in all cases of layoff providing the employee involved has the ability to do the normal requirements of the job. Where merit, ability and fitness are comparable and sufficientUnder this definition, the senior person last employee hired shall be selected except for demotions the first to be laid off. In the event of layoff, an employee having more seniority than another employee and reduction claiming the other employee's job shall be given a sixteen (16) hour trial period on said job. Any temporary employee who at the time of layoff either does or does not exercise their rights under this paragraph, shall nevertheless only be recalled to part-timework in their former classification from which they were initially laid off, where reverse order or their Plant Help "A" or "B" classification, whichever occurs first. 20.06 Seniority shall be the governing factor in all cases of recall to work providing the employee involved has the ability to do the normal requirements of the job. Under this definition, the employee on layoff who has the most seniority shall applybe the first to be recalled to work. 9.05 20.07 Seniority shall be applied among permanent and temporary employees respectively. All permanent employees shall have seniority over all temporary employees. Temporary employees shall have the same seniority over other temporary employees. 20.08 When an employee's employment is voluntarily reduced from permanent status to temporary status, said employee's temporary seniority shall be dated back to his or her original date of hire. 20.09 The seniority dates for temporary employees who are advanced to the status of permanent employees shall be established on the basis of each year of employment as a temporary employee equalling fifty (50%) percent of a calendar year, unless the employee can demonstrate continuous employment during six (6) months or more of a particular calendar year, in which case the employee will be credited with one (1) full year of seniority. The only exceptions to this shall be when establishing an employee's wage rate and vacation entitlement where seniority shall date back to the employee's original date of hire. 20.10 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three six (36) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three six (36) month period. Any The employee who returns shall then return to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Management shall endeavour to give first consideration to such promotions from within the bargaining unit (▇▇▇▇▇▇▇ ▇▇▇▇▇▇). 20.11 Employees who wish have been awarded a position as a result of a job posting will only be able to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with retain one (1) or more years of full"bid-time seniority, who is reduced to part-time by the Co-operative, shall be placed in" classification at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later dateany given time. In all other matters said full-time employee's length the event of continuous service with insufficient work in the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing classification the employee is currently in, the employee will revert to either Plant Help "A" or "B" only. From Plant Help "A" or "B", they will then be able to rebid on any new bid-in classification that becomes available and willing in the future. The exception to work this rule where an employee may bid in or bump into additional classifications will be in the additional hoursevent of layoffs. An exception to the rule will also be when relieving Production Supervisors. 9.11 20.12 When a part-time position or positions in a classification is to open to bid, the Company agrees only to fill the positions open for bidding as per the Agreement. If employees who have applied for the job do not get the job they shall not be entitled to bump another employee works with less seniority in positions already occupied, which were not open for bidding, except in the basic work week for thirteenevent of layoffs.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 9.01 (a) Seniority for all employees of an employee shall be defined as mean the length of continuous the employee’s unbroken service with the Co-operative within Company in the bargaining unitBargaining Unit covered by this Agreement, except as provided in clauses 8.01 (b) and (c) below. 9.02 Seniority (b) It is agreed that clause 8.01 (a) above shall not be applied to alter any seniority date which has been established prior to the effective date of this Agreement. (c) An employee who accepts a job (whether permanent or temporary) with the Company outside the Bargaining Unit may, within three (3) months of receiving such job, revert to their former position and in so doing may displace the employee who succeeded the employee in that position. After such an employee has been out of the Bargaining Unit for a period in excess of three (3) months, the employee may only return to the Bargaining Unit to accept a position which remains vacant after completion of the job posting procedure set out in this Article 8. This opportunity for any given employee to return to the Bargaining Unit from an excluded position shall be limited to one occasion only. Notwithstanding the foregoing, the Company may use bargaining unit employees to fill in for the same classification at a location outside of the Edmonton Branch. Employees shall be asked in seniority order to fill in for such positions however no employee may be forced to do so. The use of Edmonton employees cannot negatively impact on the vacation allotment or the full time FTE Letter of Agreement. (d) Not withstanding the above one-time only provision, an employee that is the successful candidate for a temporary job posting in sales may only perform such work to a maximum of three hundred and sixty-five (365) consecutive calendar days. The Company shall continue to accumulate during all paid deduct and unpaid authorized leaves of absenceremit Union dues on the employee’s behalf. 9.03 Seniority 8.02 An employee's service with the Company shall be broken and all rights forfeited whenif that employee: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreement;quits. (b) an employee voluntarily leaves the service of the Co-operative; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been is laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period off for a period of eighteen (18) months or a period equal to one-half (1/2) of the employee’s Company seniority to a maximum of three (3) calendar months. If the employee years, whichever time period is greater. (c) is discharged, and such discharge is not successful in their new position, or if the employee decides reversed by grievance procedure, (d) fails to return to their former job within work on the bargaining unitexpiration of any period of leave granted by the Company, same will be allowed within unless the employee contacts the Company, if possible, prior to the intended date of return and provides a reasonable explanation for the need of an extension to the period of leave. (e) is absent from work for three (3) month periodor more consecutive working days without having notified the Company and received permission to be absent, unless the employee can provide a reasonable explanation or, (f) retires. 8.03 For the purposes of this Article 8, inside employees, outside employees and office employees shall be considered as separate seniority groups. 8.04 Separate seniority lists shall be maintained by the Company for each of the seniority groups referred to in clause 8.03 above. Any Each such list shall show the name of each employee who returns in the group and the date from which the employee’s seniority is calculated according to Company records. If two (2) or more employees are hired on the bargaining unit within same day, the times of hiring will determine their seniority ranking. These lists will be brought up to date every three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and months and, at each revision, will be provided posted on the Union bulletin board for a new seniority date for all other purposes under this collective agreement. 9.06 A full-time period of seven (7) calendar days. During that interval, any employee with one (1) or more years of full-time seniority, who is reduced to part-time by whose name appears on the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within first time, or whose seniority date has changed from the department they were working in at the time of their reduction to part-time and for the purpose of determining most recently posted seniority list, may question their seniority ranking should if the employee is in disagreement with it. If no written complaint is received by the Company within seven (7) calendar days of the posting of a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with seniority list, the Co-operative within the bargaining unit revisions contained in that list shall be useddeemed to be correct by all concerned. Accumulated fullAny other inaccuracies of the seniority list shall only be changed by mutual agreement between the Local Union President and the Labour Relations Manager. 8.05 In making promotions, demotions, lay-time offs, and recalls from lay-offs within a seniority group, seniority shall be govern, provided the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do can satisfactorily fulfil the normal requirements of the job. For the purposes of this Article 8 a "promotion" in any seniority group shall mean only the moving of an employee from a job in that group included in one of the wage brackets referred to in Article 16 hereof to a job in that group included in another such wage bracket designated by a higher number and providing shall not include the moving of an employee is available and willing from one job to work another, both jobs being included in the additional hourssame wage bracket nor shall a "promotion" include the moving of an employee to a job in which he would cease to be an "employee" as defined in this Agreement. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 9.01 Section 20.1 Definition of Seniority for all employees As used herein, the term "seniority" shall be defined as the continuous uninterrupted length of continuous service or employment as a full-time employee with the Co-operative within Franklin County Engineer's Office. Service as a summer/seasonal employee, or in another position in the County shall not be credited as service. Part- time service in the bargaining unit. 9.02 Seniority unit would be prorated. Employees shall continue to accumulate during all paid and not accrue seniority while on unpaid authorized leaves of absence. 9.03 Section 20.2 Application of Seniority "Seniority" shall accrue to all employees covered by this Agreement in accordance with the provisions of this Article. Seniority, as defined in this Article, will apply wherever employee seniority rights are established in the terms and conditions of the Agreement. The criteria for determining the employee with more seniority among two (2) or more employees hired on the same date shall be broken and all rights forfeited whenthe last four (4) digits of the employees’ social security numbers; the highest number will be considered the more senior employee. For example, the employee with the last four digits of 1234 is more senior than the employee with the last four digits of 0989. Section 20.3 Breaks in Service The following situations shall constitute breaks in continuous service for which seniority is lost: (aA) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this AgreementAny termination, discharge, or removal; (bB) an employee voluntarily leaves the service of the Co-operativeRetirement; (cC) Layoff for more than twelve (12) months have elapsed since last so employed, in the event of a layoffone year; (dD) an employee fails Failure to report for return to work within ten (10) calendar days of being recalled after a recall from layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (eE) an employee is absent from Failure to return to work without an approved at the expiration of leave of absence absence; (F) A resignation or job abandonment; or, (G) Absent without leave for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee days except in a higher paid classification, merit, ability and fitness, extenuating circumstances as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefitsEmployer. Employees who wish absent while on an approved, unpaid leave of absence shall not be considered to return after have a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working break in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit but shall be used. Accumulated full-time not accrue seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed while on a part-time basis at the same timean approved, unpaid leave of absence. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 9.01 9.1 Seniority for all employees shall be defined as the employee’s continuous length of continuous service with the Co-operative within the bargaining unitCooperative. 9.02 9.2 Seniority for each regularly paid employee who has been employed as such for six (6) months within a period of twelve (12) consecutive months under this Agreement, shall continue to accumulate during all paid begin as of the first day of employment unless their seniority has been broken as provided in Article 9, Section 4. If an employee’s seniority has been broken and unpaid authorized leaves the employee is re-employed, then and in that event, the employee’s seniority, after having been re- employed for a period of absencesix (6) months within a period of twelve (12) months, shall begin on the first day of re-employment after their most recent loss of seniority hereunder. 9.03 9.3 When making a reduction in the number of employees due to lack of work and when rehiring, the following procedure shall govern: a) Employees who have not established seniority with the Cooperative shall be laid off first. b) Thereafter, employees shall be laid off in the inverse order of their established seniority. c) The foregoing provisions of (a) and (b) need not apply when the application thereof would result in the Cooperative being required to layoff employees possessed of skill essential to properly perform the work available at the time of layoff not possessed by employees having seniority under the Agreement. d) When adding employees, those having established seniority most recently laid off on account of curtailment of work shall be the first among those holding seniority to be re-employed, if available and physically able to return to work, providing they have the qualifications required. 9.4 Seniority shall be deemed to have been broken and all rights forfeited when:for the following reasons. (a) an If the employee resigns. b) If the employee is dismissed by the Co-operative discharged for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreement;reinstated. (b) an employee voluntarily leaves the service of the Co-operative; (c) more than twelve (12) months have elapsed since last so employed, in If the event of a layoff;employee is absent from work without authorized leave except when satisfactory reasons for their absence are given. (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls If an employee who has been laid off, it shall notify such employee by registered letter, addressed off fails to the employee's last known address; (e) an employee is absent from return to work without an approved leave of absence for more than within three (3) consecutive working shifts unless days after being properly notified to report for work and does not give a satisfactory reason is given by the employee. Sickness and/or inability for failing to communicate with the Co-operative shall be considered a satisfactory reasonreport. 9.04 In matters of demotion and reduction to part-time, and when assigning e) If an employee to relieve another is laid off for twenty-four (24) consecutive months, they shall, however, not lose their seniority if said seniority exceeds twenty-four (24) months. In all other cases where an employee in a higher paid classification, merit, ability and fitness, as determined by the Cois laid off for more than twenty-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficientfour (24) consecutive months, the senior person employee shall be selected except not lose their seniority unless the employee is laid off for demotions and reduction a continuous period equal to part-timethe seniority they had acquired prior thereto. In the event an employee with five (5) or more years of service is laid off in excess of five (5) continuous years, where reverse order then the seniority of seniority such employee shall applyterminate. 9.05 Any employee promoted to a position outside 9.5 The Cooperative will notify the Union of minimum qualifications for key positions or supervisory positions in the bargaining unit shall be on in advance. When making promotions and filling vacancies, the Cooperative will discuss qualifications of applicants with the Union before making a trial period selection, but after discussion the Cooperative will have the sole right to make such selections. If more than one candidate meets the minimum qualifications for a period of three (3) calendar months. If the employee is not successful in their new key position, seniority shall prevail. This does not apply to supervisory positions. a) When vacancies occur or if the employee decides to return to their former job when new positions are created within the bargaining unit, same the Cooperative will post a notice for a period of five (5) days (Saturdays, Sundays and holidays excluded) announcing the position. Employees desiring to be considered shall make written application to Human Resources. When necessary, temporary assignments will be allowed within made for the three period the position is considered open. b) An employee promoted to a new position and new hires shall be given a reasonable opportunity, not to exceed six (36) month periodmonths, to demonstrate their qualifications and ability. Any If an employee does not qualify in a reasonable time, the employee and the Union will be notified of the nature of the disqualification, and the employee shall be returned to the position formerly held. c) Before bids are awarded, employees going from one major classification to another may be required to take a physical examination. The examination will be the same as that administered when new employees are hired and the results will be made known to the Cooperative. The Cooperative will pay for the examination. 9.6 An employee who returns has established seniority, if in the Cooperative’s judgement they can be separated from duty, may be granted a leave of absence upon approval from the Cooperative, and while on such leave, they shall not forfeit any such seniority they may heretofore have established provided they do not overstay their leave or accept employment elsewhere while on such leave without the approval of the Cooperative. 9.7 Notwithstanding any of the terms hereof, an employee who has been laid off shall deem to have lost all accumulated seniority and all rights to be re-employed unless they register with the Cooperative either in person or by registered mail at least once each year during the month of December. 9.8 Any written notice to be given under this Agreement shall be deemed properly given when deposited in the United States Post Office under registered mail addressed to the bargaining unit within last known address. 9.9 An employee who is injured while in the three (3) month period employ of the Cooperative shall do so without loss of continue to accumulate seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operativeupon recovery, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of reinstated to their former position with full seniority, providing they make application to return to work within five (5) days after they are pronounced recovered by the department Cooperative’s physician and they were working in at the time of their reduction are physically qualified to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same timereturn to work. 9.07 A full-time 9.10 The Cooperative and the Union may, by mutual agreement, suspend or alter the provisions of this Article in case of mutual desire to provide employment for an employee who has less than one (1) year of full-time seniority, who is reduced to part-time by been partially disabled while in the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements employ of the job and providing Cooperative on or off duty, or while on authorized leave serving in the employee is available and willing to work the additional hoursUnited States Military Service. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 9.01 Seniority for all employees 8.01 Seniority, as referred to in this Agreement shall be defined as the mean length of continuous service with in the Coemploy of the Company and shall be on a plant-operative within the bargaining unitwide basis. 9.02 8.02 An employee will be considered to be probationary during his first six month period. The Company shall have the un- conditional right to terminate probationary employees, not- withstanding any other provision of this Agreement other than paragraph 6.01. The Company and the Union may agree to extend the probationary period of the employees. 8.03 Seniority lists will be revised monthly unless there have been no changes to the list; a copy of the list will be posted in the plant and a copy given to the Union. 8.04 Layoffs which are anticipated to be a duration of a full work- ing shift or more shall be on the following factors; (a) seniority (b) skill and ability Where the qualifications in factor (b) are relatively equal, seniority shall govern. However, the Company reserves the right to maintain, at all times, crews capable of performing the jobs required. Layoffs of less than one (1) full working shift, which are out of seniority, will be limited to occur not more than once in any work week, and only after all less senior General Help employees have been laid off. Employees with seniority will be offered the General Help job, however, the senior employ- ees will have the right to opt to leave. There are no bumping rights for layoffs of less than a full working shift unless otherwise stipulated elsewhere in the Collective Agreement. If an employee is transferred to a lower rated job to avoid layoff of a full working shift or more, he shall receive the rate of that lower rated job. 8.05 Seniority shall continue terminate and an employee shall cease to accumulate during all paid and unpaid authorized leaves of absence. 9.03 Seniority shall be broken and all rights forfeited whenemployed by the Company when he/she: (a) an employee voluntarily quits his employment with the Company; (b) is dismissed by the Co-operative for just cause discharged and is not reinstated through the grievance and/or arbitration procedure contained in this Agreement; (b) an employee voluntarily leaves the service of the Co-operativeor arbitration; (c) more than twelve is off work due to a lay-off for a continuous period of eighteen (1218) months have elapsed since last so employed(benefits will continue for the per- iod defined by the length of employ with the Company or eighteen (18) months, in the event whichever period is less); For em- ployee’s hired after date of a layoff;ratification (August 7, 2011) benefit continuation is 30 days maximum. (d) an employee fails to report for work within ten three (103) calendar working days af- ter being notified by the Company of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee recall by registered lettermail, addressed to the employee's last known addressunless for a bona fide reason; (e) an employee fails to return to work upon the termination of a leave of absence unless a reason acceptable to the Company is given; (f) accepts gainful employment while on a leave of absence without first obtaining the consent of the Company in writing; or (g) is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless days with- out notifying the Company and without providing a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory bona fide reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an 8.06 An employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to who voluntarily accepts a position outside of the bargaining unit shall be on a trial period maintain and continue to accumulate seniority for a period of three (3) calendar monthsmonths for the purpose of transferring back into the bargaining unit. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the after one (1) day, but before three (3) month period months have expired, she/he shall do so without loss of seniority and benefitsreturn to his posted position. Employees who wish If the employee returns to return the bargaining unit after a three (3) month period will maintain their original months have expired, she/he shall have no seniority date as their service date for the purpose of vacation entitlement and standing. There will be provided only one such occurrence per employee per year. In order to maintain and accumulate seniority and the right to return to the bargaining unit, the Company will continue to deduct Union dues based on the hourly rate of his most recent posted position. The employee may waive his right to maintain and accumu- late seniority and the right to return to the bargaining unit and discontinue paying Union dues. This waiver will be submit- ▇▇▇ to the Company in writing and the Company will forward a new seniority date for all other purposes under this collective agreementcopy to the Local 333 Office and the Unit Chairperson. 9.06 A full-time 8.07 It shall be the duty of each employee to notify the Company promptly of any change in address. Notice required by the Company shall be deemed to be given if forwarded to the employee’s last address of which the Company had notice. 8.08 An employee who has been receiving short term or long term disability benefits and is: (a) able to return to work and is capable of performing the duties of the employee’s former job, shall provide the Company with one satisfactory medical proof of readiness to return to work. The Company shall then reinstate the employee in the same job held immediately prior to the disability. (1b) able to return to work and is incapable of performing the duties of the employee’s former job, but is capable of performing the duties of a lower rated or modified job, shall notify the Company of his readiness to return to work, and provide the Company with a comprehensive medical report, at the Company’s expense. The Company shall then reinstate the employee to a job for which the employee is capable of performing. The employee will be paid the rate of pay associated with the highest paying lower rated or modified job. 8.09 Where two (2) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within employees have the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniorityseniority date, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to names will be placed on the part-time seniority list. 9.08 list in the order of processing by the Personnel Department on the day of hiring. The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority employee at that time. 9.10 Preference in weekly available hours the head of work within a department for part-time employees the list on his date of hire shall be given deemed to possess the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements highest seniority of the job and providing the employee is available and willing to work the additional hoursemployees on that date. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 9.01 Seniority for all employees shall be defined as the length of continuous service with the Co-operative within the bargaining unit. 9.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absenceabsence except Union Leave as per sub-article 18.02. 9.03 Seniority shall be broken and all rights forfeited when: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration Arbitration procedure contained in this Collective Agreement; (b) an employee voluntarily leaves the service of the Co-operative; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without an approved a leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-part- time, where reverse order of seniority shall apply. 9.05 Seniority shall be the governing factor in the choice of vacation. 9.06 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 9.07 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-part- time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one (1) full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 9.08 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 9.09 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 9.10 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 9.11 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 9.12 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 9.01 43.01 Seniority for all employees shall be the purpose of this agreement is defined as the length of continuous service with from date of hiring as an employee, subject to Article 43.04 (a) and (b). 43.02 A seniority list showing employee names, classification, total days of seniority, commencement date and work location shall be posted by seniority on appropriate bulletin boards during February of each year. Employees may request a review of their placement on the Co-operative seniority list within thirty (30) days of its posting. 43.03 When an employee has been employed on a casual or temporary basis and is subsequently appointed to a position in the bargaining unit, such employee shall have seniority dated back to the date of hiring on a casual or temporary basis, provided the employee has not had a break in service for more than thirty (30) working days. 9.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence. 9.03 Seniority shall be broken and all rights forfeited when: (a) an An employee is dismissed by shall retain previous seniority but shall not accumulate additional seniority when on a continuous period of absence from work exceeding one half (½) the Co-operative for just cause and is number of working days in any one month due to: (i) leave of absence without pay; (ii) suspension from duty; or (iii) layoff not reinstated through the grievance and/or arbitration procedure contained in this Agreement;excess of twelve (12) months. (b) an An employee voluntarily leaves shall lose seniority rights in the service of event the Co-operativeemployee: (i) tenders written resignation or retires; (cii) more than is discharged and not reinstated; (iii) has been laid off for a period in excess of twelve (12) continuous months; (iv) is absent from work for five (5) consecutive working days without notifying the employee’s immediate supervisor giving a satisfactory reason for such absence; (v) when called back from layoff, fails to report to work within fourteen (14) calendar days of notice sent by registered mail to the address on record with the Employer, except in the case of an employee called back for work of a casual or short term duration at a time when the employee is employed elsewhere. In such a case, refusal of employment shall not result in loss of seniority rights. 43.05 Where an employee accepts an acting position outside the bargaining unit for a period of time not to exceed twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails and later returns to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing calculated as if the employee is available and willing to work had not left the additional hoursbargaining unit. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 9.01 21.01 Seniority for all employees shall be defined as the length of continuous service with the Co-operative Employer within the bargaining unit. 9.02 21.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence, during all layoffs, and during all periods of sickness and/or injury. 9.03 Seniority 21.03 An employee shall cease to have seniority rights and their employment status with the Employer shall be broken and terminated for all rights forfeited whenpurposes if the employee: (a) an employee is dismissed duly discharged by the Co-operative for just cause Employer and is not reinstated through the grievance and/or arbitration Grievance and Arbitration procedure contained in this the Agreement; (b) an employee voluntarily leaves the service of the Co-operativequits or resigns; (c) more than twelve has been laid off continuously for a period of fifty-two (1252) months have elapsed since last so employed, in the event of weeks or is called back to work after a layoff; (d) an employee fails layoff and does not return to report for work within ten fourteen (1014) calendar days of being recalled after receiving a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed letter sent to the employee's their last known address; (ed) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts days unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative Employer shall be considered a satisfactory reason; (e) fails to return to work on the completion of an authorized leave of absence unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Employer shall be considered a satisfactory reason. 9.04 In 21.04 Seniority shall be the governing factor in all matters of demotion promotion, awarding of a new full-time position or vacancy, relieving another employee in a higher paying classification and recall after layoff, providing the more senior employee has the ability and qualifications to be able to perform the normal functions of the job. Reverse order of seniority shall apply and be the governing factor in all matters of demotion, layoff and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected more senior employee has the ability and qualifications to do be able to perform the normal requirements functions of the job and providing the employee is available and willing to work the additional hoursjob. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 9.01 Seniority for all employees shall be defined as the length of continuous service with the Co-operative within the bargaining unit. 9.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absenceabsence except Union Leave as per sub-article 18.02. 9.03 Seniority shall be broken and all rights forfeited when: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration Arbitration procedure contained in this Collective Agreement; (b) an employee voluntarily leaves the service of the Co-operative; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without an approved a leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one one (1) full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 9.01 Seniority Section 1: The parties recognize that the filling of vacancies, decreases in the workforce, layoffs and recalls should be determined in relation to an Employee's performance (including attendance and/or discipline record), qualifications, skills, abilities and length of service (as defined in Section 2 below). It is recognized, however, that the Employer and its management have the responsibility for the efficient and profitable operation of the business. Consequently, in all employees cases of filling of vacancies, decreases in the workforce, and layoffs, length of service shall be defined the determining factor only where the Employees' overall performance (including attendance and/or discipline records), qualifications, skills and abilities are equal. Section 2: For all purpose under this Agreement, seniority is calculated from the date of first employment in the bargaining unit by the Employer and/or any predecessor contractor or reemployment therein following a break in service as described in Section 5 below. Section 3: When two or more Employees begin work on the same date the Employer shall assign priority in length of continuous service by last 4 digits of Social Security Number from 0 to 9999 with the Co-operative within lowest being the bargaining unitmost senior. 9.02 Seniority Section 4: Upon request, he Employer shall continue provide semi-annually the seniority list of all bargaining unit Employees to accumulate during all paid and unpaid authorized leaves the Union. Such list shall contain each Employee's length of absenceservice. 9.03 Seniority Section 5: Length of service will be broken with the loss of all seniority and the Employee shall be broken and all rights forfeited whendeemed terminated from employment if the Employee: (a) an employee is dismissed by the Co-operative Resigns or quits for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreementany reason; (b) an employee voluntarily leaves the service of the Co-operativeIs discharged; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is Is absent from work without an approved leave of absence for more than three two (32) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative days without notifying his supervisor in which case he or she shall be considered a satisfactory reason.voluntary quit. In the event of extreme circumstances involving illness or injury to the Employee which prevent the Employee, his or her immediate family or representative from notifying the Employer, this provision shall not apply if notice to the Employer is given as soon as practicable; 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period d) Is laid off for a period of three (326 weeks from the date of his/ her last day of active employment or of his or her length of service whichever is less; e) calendar monthsIs absent due to occupational injury for a period of 26 weeks from the date of his/her last day of active employment or of his or her length of service, whichever is less, unless such period is extended by the Employer as a reasonable accommodation for a protected disability or is extended pursuant to the Agreement. f) Fails to return as scheduled following a leave of absence or pursuant to a notice of recall. If A recall notice shall be deemed sufficient if communicated directly to the employee is not successful in their new position, Employee or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns mailed or otherwise delivered with accompanying proof thereof to the bargaining unit within last address of the three (3Employee on the Employer's records, with a copy to the Union. It is each Employee's responsibility to insure that his or her address and telephone records are accurate; g) month period shall do so without loss Engages in other employment while on a leave of seniority absence, unless otherwise agreed to by the Employer and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreementUnion in writing. 9.06 A full-time employee with one (1h) Becomes ineligible to work because he/she failed successfully to complete training or more years of full-time seniority, who is reduced testing or failed to part-time meet qualifications mandated by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same timeGovernment. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 9.01 22.01 Seniority for all employees shall be defined as the length of continuous service with the Co-operative Employer within the bargaining unitunit from the most recent date of hire. 9.02 22.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence, and during all periods of sickness and/or injury. 9.03 Seniority 22.03 An employee shall cease to have seniority rights and their employment status with the Employer shall be broken and terminated for all rights forfeited whenpurposes if the employee: (a) an employee is dismissed duly discharged by the Co-operative for just cause Employer and is not reinstated through the grievance and/or and arbitration procedure contained in this the Agreement; (b) an employee voluntarily leaves the service of the Co-operativequits or resigns; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts days unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative Employer shall be considered a satisfactory reason; (d) fails to return to work on the completion of an authorized leave of absence unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Employer shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction 22.04 Vacancies in positions which involve a promotion to part-time, and when assigning an employee to relieve another employee in a higher paid classificationclassification shall be posted for at least seven (7) days and interested applicants shall apply in writing. The position will be awarded to the best applicant, meritbased on skills, ability abilities, reliability and fitnessavailability, as determined by provided that if applicants are relatively equal, the Co-operative, applicant with more seniority will be awarded the position. The successful applicant will be subject to perform the work satisfactorily a three (3) month trial period during which he/she may be returned to his/her former position if not acceptable or he/she may choose to voluntarily return to their former position. Reverse order of seniority shall be the governing factor. Where meritfactor for the reduction of the workforce, providing the more senior employee has the skill and ability and fitness are comparable and sufficient, to be able to perform the senior person shall be selected except for demotions and reduction to part-time, where reverse order normal functions of seniority shall applythe job. 9.05 Any employee promoted to 22.05 Employees from within the bargaining unit who accept a position with the Employer which places them outside of the bargaining unit shall be on a trial period continue to accumulate seniority for a period of three six (36) calendar months. If the employee is not successful in their new position, or if the employee decides Said employees shall be entitled to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within and their former job at any time during the three six (36) month period shall do if they so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreementchoose. 9.06 A full-time employee with one (1) or more years 22.06 After the scheduling of full-time seniorityspecial roles, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time daily available Ad Cast hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given scheduled to the most senior partAd-time Cast employee first, first and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a . Daily available box office part-time employee works hours shall be scheduled equitably among box office employees considering their availability. 22.07 The Employer shall provide the basic work week for thirteenUnion in January and July of each calendar year with an up-to-date seniority list of all employees covered under the terms of the Collective Agreement. Copies of the seniority list shall also be given to the Shop Stewards and a copy shall be posted on the bulletin board located on the Employer's premises. 22.08 An Employee shall not attain or acquire seniority until he/she has completed his/her probation period after which the Employee’s seniority will date back to the most recent date of hire.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 9.01 20.01 Seniority for all employees shall be defined as the length of continuous service employment with the Co-operative Company within the bargaining unit.. Temporary absence from work, as set forth in this Agreement, shall not break seniority. For all purposes of this Article, two (2) seniority lists will be used. One (1) for Production Employees and one (1) for Office Employees 9.02 20.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence for the first three (3) calendar months only. Thereafter, seniority shall be maintained until the employee returns to work. The exception to this shall be layoffs, and any leave of absence for sickness, injury, maternity leave, or parental leave, where in such case seniority shall accrue during the entire layoff or leave of absence, as the case may be. 9.03 20.03 Seniority shall rights of an employee may be broken and all rights forfeited whenterminated for any of the following reasons: (a) if an employee is dismissed by voluntarily leaves the Co-operative for just cause and is not reinstated through employ of the grievance and/or arbitration procedure contained in this AgreementCompany; (b) if an employee voluntarily leaves is discharged for just and sufficient cause and the service employee is not reinstated through use of the Co-operativeGrievance Procedure; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) if an employee fails to report for return to work after a layoff within ten seven (107) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who notice to return to work has been laid off, it shall notify such employee forwarded by registered lettermail to their last address on file with the Company, addressed to the employee's last known address; (e) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability Substantiated illness, injury, or situations where notice to communicate terminate employment with the Co-operative another Company is required to be given to said Company, shall be considered as a satisfactory reason. Where such notice is required to be given to another Company the seven (7) days' notice referred to above shall be increased to fourteen (14) calendar days; (d) if an employee fails to return to work after the completion of an authorized leave of absence unless a satisfactory reason is given by the employee. Substantiated illness or injury shall be considered as a satisfactory reason; (e) if an employee has not performed work for the Company during any twelve (12) consecutive calendar month period, except in the case of accident, sickness or disability; (f) if an employee has failed to report for work for more than three (3) consecutive working days unless a satisfactory reason is given by the employee. Substantiated illness or injury shall be considered as a satisfactory reason. 9.04 In matters 20.04 The awarding of demotion and reduction to part-timepromotions, and when assigning an employee to relieve another employee vacancies, or relieving in a higher paid classification, merit, rated classification shall be done on the basis of seniority providing the senior applicant possesses the skill and ability and fitness, as determined by the Co-operative, to perform the work satisfactorily normal requirements of the job. The awarding of promotions, vacancies or relieving to the position of Supervisor or Relieving Supervisor shall be based on skill, qualifications, and ability to perform the normal requirements of the job and where skill, qualifications, and ability are equal, seniority will be the determining factor. The determination of sufficient skill and ability to perform the normal requirements of the job shall be based on evidence and standards that are reasonable, demonstrable and objective, and both on the job experience and related experience shall be considered substantial evidence of sufficient skill and ability to perform any job under consideration. Should more than one applicant apply for a job posting of supervisor or relieving supervisor, an interview process will take place and the results will be made available to the union upon request. In the event of a promotion, the employee will be on a trial period for one hundred and eighty (180) calendar days during which time he or she may elect to return to his or her former job, or the Company may return the employee to his or her former job for just cause. Any employee who does not complete their trial period will be ineligible to apply for the same position for a period of one (1) year. 20.05 Seniority shall be the governing factorfactor in all cases of layoff providing the employee involved has the ability to do the normal requirements of the job. Where merit, ability and fitness are comparable and sufficientUnder this definition, the senior person last employee hired shall be selected except for demotions the first to be laid off. In the event of layoff, an employee having more seniority than another employee and reduction claiming the other employee's job shall be given a sixteen (16) hour trial period on said job. Any temporary employee who at the time of layoff either does or does not exercise their rights under this paragraph, shall nevertheless only be recalled to part-timework in their former classification from which they were initially laid off, where reverse order or their Plant Help "A" or "B" classification, whichever occurs first. 20.06 Seniority shall be the governing factor in all cases of recall to work providing the employee involved has the ability to do the normal requirements of the job. Under this definition, the employee on layoff who has the most seniority shall applybe the first to be recalled to work. 9.05 20.07 Seniority shall be applied among permanent and temporary employees respectively. All permanent employees shall have seniority over all temporary employees. Temporary employees shall have the same seniority over other temporary employees. 20.08 When an employee's employment is voluntarily reduced from permanent status to temporary status, said employee's temporary seniority shall be dated back to his or her original date of hire. 20.09 The seniority dates for temporary employees who are advanced to the status of permanent employees shall be established on the basis of each year of employment as a temporary employee equaling fifty (50%) percent of a calendar year, unless the employee can demonstrate continuous employment during six (6) months or more of a particular calendar year, in which case the employee will be credited with one (1) full year of seniority. The only exceptions to this shall be when establishing an employee's wage rate and vacation entitlement where seniority shall date back to the employee's original date of hire. 20.10 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three six (36) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three six (36) month period. Any The employee who returns shall then return to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Management shall endeavour to give first consideration to such promotions from within the bargaining unit (▇▇▇▇▇▇▇ ▇▇▇▇▇▇). 20.11 Employees who wish have been awarded a position as a result of a job posting will only be able to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with retain one (1) or more years of full"bid-time seniority, who is reduced to part-time by the Co-operative, shall be placed in" classification at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later dateany given time. In all other matters said full-time employee's length the event of continuous service with insufficient work in the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing classification the employee is currently in, the employee will revert to either Plant Help "A" or "B" only. From Plant Help "A" or "B", they will then be able to rebid on any new bid-in classification that becomes available and willing in the future. The exception to work this rule where an employee may bid in or bump into additional classifications will be in the additional hoursevent of layoffs. An exception to the rule will also be when relieving Production Supervisors. 9.11 20.12 When a part-time position or positions in a classification is to open to bid, the Company agrees only to fill the positions open for bidding as per the Agreement. If employees who have applied for the job do not get the job they shall not be entitled to bump another employee works with less seniority in positions already occupied, which were not open for bidding, except in the basic work week for thirteenevent of layoffs.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 9.01 Seniority for all employees 28.01 For the purpose of this Article, an employee shall be mean a person employed by the Workplace Health, Safety and Compensation Commission of the Province of Newfoundland and Labrador. (a) Subject to Clause 28.03, seniority is defined as the length of continuous service (excluding overtime) with the Co-operative within Employer in a bargaining position. (b) An employee temporarily assigned outside the bargaining unit will continue to accrue seniority. (c) An employee applying for and receiving a temporary position outside the bargaining unit will not accrue seniority for the term of the temporary position but will retain their accumulated seniority upon return to her permanent position in the bargaining unit. 9.02 Seniority 28.03 The following conditions shall continue to accumulate during all paid and unpaid authorized leaves result in loss of absence. 9.03 Seniority shall be broken and all rights forfeited whenseniority for an employee: (a) an employee is dismissed by the Co-operative for just cause she resigns or retires and is not reinstated through the grievance and/or arbitration procedure contained in this Agreementre-employed within thirty (30) calendar days; (b) an employee voluntarily leaves the service of the Co-operativeshe is dismissed and is not reinstated; (c) more than twelve she has been laid off in excess of twenty-four (1224) months have elapsed since last so employed, in the event of a layoffconsecutive months; (d) an employee when recalled from lay off, she fails to report for work within ten fourteen (1014) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee notice to do so unless sufficient reason given by registered letter, addressed to the employee's last known address; (e) an employee she is absent from work without an approved leave of absence for more than three five (35) consecutive working shifts unless days without notifying her permanent head giving a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reasonfor such absence. 9.04 28.04 An employee may not accrue seniority when on suspension. (a) In matters of demotion making promotions, qualifications and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily abilities shall be the governing factorfactors. Where meritthese factors are relatively equal between applicants, ability and fitness are comparable and sufficient, the senior person seniority shall prevail. (b) The successful applicant shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be placed on a trial period for a period of three two (32) calendar months. If Conditional on satisfactory service, the employee is not Employer shall confirm the employee's appointment after the period of two (2) months. In the event that the successful applicant proves unsatisfactory in their new positionthe position during the trial period, or if the employee decides is unable to return perform the duties of the new job classification, or the employee no longer wishes to their remain in the position she shall be returned to her former job within the bargaining unitposition, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so wage or salary rate without loss of seniority seniority. Any other employee promoted or transferred because of the re-arrangement of positions shall also be returned to her former position, wage or salary rate without loss of seniority. The parties may mutually agree, in writing, to extend the trial period. Where the Employer and benefits. Employees who wish the Union agree, the employee may revert to return after a three (3) month period will maintain their original seniority date as their service date for her former position prior to completion of the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreementtrial period. 9.06 A full-time 28.06 Where an employee with one (1) or more years of full-time seniority, who is reduced to part-time required by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working Employer to relocate from one geographic location to another which does not constitute a change in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basisclassification, seniority shall prevail. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees 28.07 With respect to lay offs and it is agreed that all full-time employees recalls, Shop Stewards shall have super-seniority over part-time employees. Part-time employees who become full-time shall begin accumulating in the classification affected, for the term of their full-time seniority at that timeoffice as Shop ▇▇▇▇▇▇▇ in their respective Local. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 9.01 Seniority for SECTION 1. The Company agrees to apply seniority, as herein defined, so far as practicable in all employees cases of promotion or increase or decrease in the force of employees. Seniority, as herein used, shall be defined as the length of continuous service with the Cotake, into consideration -operative within the bargaining unit. 9.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence. 9.03 Seniority shall be broken and all rights forfeited when: (a) Length of service of an employee is dismissed by from the Codate of his or her first employment unless during this period such an employee has been justifiably discharged, has voluntarily quit the service of the Company, or has been absent from service through lay-operative off for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreement;a period of at least one year, hereinafter termed "length of continuous service." (b) an employee voluntarily leaves Knowledge of and training in the service hardware business and efficiency in the preformance of the Co-operative;employee’s duties, (c) more than twelve (12) months have elapsed since last so employedPhysical fitness. Whenever the seniority factors hereinabove designated as "b" and "c” are relatively equal, factor "a", to wit, length of continuous service, as hereinabove defined, shall govern. The determination of the aforesaid factors and the qualifications of employees shall be determined exclusively by the Company, subject to the provisions of Section 8 of this article. SECTION 2. In applying seniority, as herein de­ fined, the Company agrees that it will make every fair and reason­ able effort to apply the same on a plant-wide basis in the Produc­ tion Department, reserving, however, to the Company the exclusive right and power to determine whether such application of seniority is practicable or feasible and if, in the event judgment of the Company, the application of seniority on a layoff; (d) an employee fails plant-wide basis in said Pro­ duction Department is either not practicable or not feasible, or is likely to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed be harmful to the employee's last known address; (e) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficientCompany’s best interests, the senior person shall Com­ pany is hereby authorized to deviate therefrom and to substitute in lieu thereof such other action as may be selected except for demotions fair and reduction to part-time, where reverse order of seniority shall apply. 9.05 reasonable under the circumstances. SECTION 3j» Any employee promoted to or transferred by seniority shall bo given a position outside fair trial on the job in question and if, in the judgment of the bargaining unit shall be on a trial period Company, he or she fails to qualify for a period of three (3) calendar months. If the employee is not successful in their such new position, or if the such employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction returned to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same timehis or her former position. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 9.01 18.01 Seniority for all employees hereunder of any Employee, including that of a probationary Employee after she has completed her probation, shall commence with the date of her employment, provided that if there shall have been a break in service, her seniority shall mean the date of such Employee's last re-entry into employment. A break in service means termination and shall be defined as deemed to have occurred if an individual employed by the length of continuous service with the Co-operative within the bargaining unit. 9.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence. 9.03 Seniority shall be broken and all rights forfeited whenEmployer: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreementquits; (b) an employee voluntarily leaves the service is discharged and not reinstated in accordance with Article 12 of the Co-operativethis agreement; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoffis laid off for at least 12 consecutive months; (d) an employee subject to the requirements of the Ontario Human Rights Code and the Employment Standards Act, is unable to participate in the employment relationship for a period of at least 24 consecutive months; (e) fails to notify the Employer of her intention to return to work following layoff within 10 Business Days of the date on which the Employer sent notice of recall by registered mail. It shall be the responsibility of the Employee to ensure that Human Resources Services is provided with a current address and telephone number; (f) fails to report for work within ten (10) calendar days of being recalled after a layoff. When on the Co-operative recalls an employee who has been laid off, it shall notify date and at the time specified in such employee by registered letter, addressed notice to the employee's last known addressEmployer; (eg) an employee is absent from work without an approved leave permission. Permission shall not be unreasonably withheld. Employees must notify the Employer of illness if possible and must supply proof of illness if requested. It is recognized that it is the responsibility of each Employee to advise the Employer of impending absence for more than three as soon as practicable in order that staffing changes may be made; (3a) consecutive working shifts unless The promotion or transfer of Employees to positions outside the Bargaining Unit is not covered by this Agreement and shall not be subject to the terms of this Agreement. (b) An Employee who, within 1 year of accepting a satisfactory reason is given by the employee. Sickness and/or inability to communicate position with the Co-operative Employer which is outside the Bargaining Unit, is moved back into a position in the Bargaining Unit shall be considered a satisfactory reasoncredited with her full length of University service for seniority purposes. 9.04 In matters of demotion and reduction 18.03 Seniority will continue to part-time, and when assigning an employee accrue for Employees subject to relieve another employee layoff in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall applyaccordance with Article 19. 9.05 Any employee promoted to a position outside 18.04 The Parties agree that the seniority list is accurate as of the bargaining unit shall be on a trial period for a period of three (3) calendar monthsJanuary 30, 2016. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new The seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (Employees hired on or after February 1) or more years of full-time seniority, who is reduced to part-time by the Co-operative2016, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall will be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within date of hire into the same department is being employed on a part-time basis at the same timeBargaining Unit. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 9.01 Seniority for all ‌ 12:01 The Employer agrees to observe the seniority of the employees in connection with promotions, demotions, lay-offs, and recalls insofar as it is practicable to do so, providing other qualifications are relatively equal. Promotions to supervisory positions outside of the bargaining unit shall not be subject to the provisions of this Agreement. When an employee is laid off, they shall have the option of displacing the least senior employee in the same classification or the least senior employee in a lower classification affected by the layoff, providing they are qualified to perform the work of that classification and has more seniority in terms of service than the employee to be displaced. The intention to exercise this right must be declared within ten (10) days of notification of lay-off by the Employer. It is understood that when an employee exercises this option, they shall be defined as paid the length rate for the lower classification. Accumulation of continuous service with the Co-operative within the bargaining unit.Seniority‌ 9.02 12:02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence. 9.03 Seniority shall be broken and all rights forfeited whenin the following circumstances: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreementwhen actually at work; (b) an employee voluntarily leaves the service of the Co-operativewhen absent on vacation or holidays; (c) more than twelve (12) months have elapsed since last so employed, in to the event extent the employee is covered by the sick leave provisions of a layoffthe Collective Agreement; (d) an during the first one-hundred and twenty (120) days of a leave of absence; and (e) while on pregnancy/parental leave. Loss of Seniority‌ 12:03 An employee shall lose seniority if they: (a) voluntarily quits the employ of the University; (b) is dismissed with just cause; (c) has been laid off for more than one year; (d) fails to report for return to work within ten (10) calendar days following the termination of being recalled after an authorized leave of absence without a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed reason satisfactory to the employee's last known addressEmployer; (e) an employee is absent from work without an approved leave following a lay-off, fails to advise the Employer within five (5) working days of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters receipt of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides notice to return to work, of their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish intention to return after a three (3) month period will maintain their original seniority to work or fails to report for work on the date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time specified in the said notice. Seniority List‌ 12:04 A current seniority list will be prepared and provided to the Local President quarterly each year during the term of their reduction this Agreement. The Union will have thirty (30) days to partinform the Employer of any errors and/or omission to the list to be adjusted if established to be inaccurate. Notice of Lay-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service Off‌ 12:05 The Employer shall notify employees who are to be permanently laid off in accordance with the Co-operative within following schedule: Upon completion of the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has probationary period, but with less than one (1) year of full-time seniorityservice – one (1) week One (1) year of service, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give less than three (3) years – two (2) weeks' notice prior weeks Three (3) years of service or more – one (1) week for each year of service to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours maximum of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing eight (8) weeks If the employee is available and willing to be laid off has not been given the opportunity to work the additional hoursamount of time specified in the above schedule, they shall be paid in lieu of that part of the notice required in the schedule during which work was not available. One week’s pay is equal to the amount an employee would have received at their regular rate of pay for non-overtime work week. Change of Address‌ 12:06 It shall be the duty of each employee to notify and keep the Employer informed promptly of any change of address, telephone number, and e-mail. If any employee should fail to do so, the Employer will not be responsible for failure of such notice to reach the employee. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 9.01 (a) Seniority for all employees shall be defined as the length of continuous service employment with the Co-operative within Company in the bargaining unit. 9.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence. 9.03 . Seniority shall be broken effective only after a full- time employee has completed a ninety (90) working days probationary period and all rights forfeited when:shall be computed from the date of his first employment. Seniority shall be effective only after a part-time employee has completed a one hundred and twenty (120) calendar day probationary period and shall be computed form his first day of employment. (a) an Seniority shall be the governing factor in matters of demotion, layoff, reduction to part-time, re-hire after layoff provided the employee is dismissed by has the Co-operative for just cause capability and is not reinstated through willingness to perform the grievance and/or arbitration procedure contained in this Agreement;work required. (b) an employee voluntarily leaves In cases of filling permanent job vacancies and promotions, the service following factors shall be considered: (I) seniority; (II) general knowledge of the Co-operative;business and ability. Where the factors in (ii) are relatively equal, than (i) shall be the governing factor. (c) All vacancies will be posted for five (5) working days at this location. 17.03 Termination of employment and loss of seniority shall result if the employee: (I) is duly discharged for just cause by the Company’ (II) voluntarily quits or resigns; (III) has been laid off continuously for a period of more than twelve (12) months have elapsed since last so employed, in the event of a layoffmonths; (dIV) an employee fails is called back to report for work within ten (10) calendar days of being recalled after a layoff. When layoff and does not return within two (2) weeks of such notification by the Co-operative recalls an employee who has been laid off, it shall notify such employee Company by registered letter, addressed letter to the employee's last known addressaddress of the employee; (eV) fails to return to work on the completion of an employee authorized vacation, or Leave of Absence unless such failure is due to provable sickness; and (VI) is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by days without notifying the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reasonemployer. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 17.04 Any employee transferred or promoted to a position outside of the bargaining unit shall be on a trial period for a period lose all seniority rights under the Collective Agreement six (6) months after the date of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within transfer out of the bargaining unit. 17.05 The Company, same when reducing hours of work, agree they will be allowed within not reduce the three (3) month period. Any regular scheduled hours of the full-time employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreementreplacing such hours with part-time. 9.06 A 17.06 Full-time employees reduced to part-time status will maintain their seniority and their full-time rate of pay. 17.07 For the purposes of seniority, when a part-time employee is promoted to full-time status, the following method of calculating wage and seniority will be utilized: For every one hundred and sixty (160) hours worked, the employee will be credited with one (1) or more years of full-time month’s seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to 17.08 Employees will be placed on the part-time seniority listlist based on their length of continuous employment with the Company. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 9.01 Seniority for all employees (a) For such purposes as outlined in 10.02, bargaining unit seniority shall be defined as the length of continuous mean accumulated service with the Co-operative Employer from their last date of hire within the bargaining unit. 9.02 Seniority (b) Once an employee is hired, they shall continue to accumulate during all paid not have any seniority standing with the Employer for lay-off and unpaid authorized leaves recall purposes until they have completed a probationary period of absencethree (3) months within a one (1) year period. Their seniority shall be calculated from their date of hire. 9.03 Seniority (c) Their employment may be terminated within this period if, in the Employer’s opinion, they would not be suitable for continuing employment and the probationer will have no recourse through the grievance and arbitration procedures. Upon successful completion of the probationary period, all new employees shall remain members of the Union as a condition of continued employment with the employer. (a) For purposes of promotion, demotion, layoff, overtime and recall following layoff ability to perform the work, seniority shall be broken the governing factor for all classifications, where ability is relatively equal to meet all of the normal requirements of the work assigned, seniority will apply. In the event of a permanent layoff the most junior employees within the plant will be displaced with the exception of maintenance. (b) The Employer agrees that whenever training is required the Employer will post and all rights forfeited whenthe training will be offered by seniority by shift to the most senior employee. There will be validation upon completion of the training. 10.03 An employee will lose his/her seniority standing if: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreement; (b) an employee he or she voluntarily leaves the service of the CoEmployer. (b) he or she is discharged and not reinstated through the grievance procedure. (c) he or she is laid off for a period of twelve (12) consecutive months. (d) he or she is promoted out of the bargaining unit to a full time permanent position. (e) he or she has been absent from work for twenty-operativefour (24 consecutive months for any reason except for absences in conflict with any federal or provincial law. (10.03) (e) shall apply to absences that commence August 7, 2020. 10.04 An employee’s failure to maintain membership in good standing upon notice in writing from the Union to the Employer that an employee: (a) is not a member of the Union; (b) is suspended from the Union; (c) more than twelve (12) months have elapsed since last so employed, in has been expelled from the event of a layoffUnion; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When has resigned from the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known addressUnion; (e) an the Employer shall immediately discontinue the employment of such employee. 10.05 An employee is absent from work without an approved leave responsible for keeping the Employer advised of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given his current address and telephone number. Recall shall only be made to the last known address recorded with the Employer by the employee. Sickness and/or inability For the purposes of this section, “business day” shall mean 8:30 a.m. to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen4:30 p.m.,

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 9.01 Seniority for all employees A. An updated seniority list of carrier personnel shall be defined as posted each six (6) months in each carrier unit and eight (8) copies will be furnished to Branch 2462. B. Pursuant to Article 41 of the length National Agreement, all full-time reserve carriers, unassigned full-time carriers whose duty assignment has been eliminated in the particular delivery unit and full-time flexible carriers have the right to opt for available craft duty assignments of continuous service with the Co-operative within the bargaining anticipated duration of five (5) days or more in their assigned delivery unit. 9.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves 1. Opting will be done in order of absenceseniority. 9.03 Seniority shall be broken and all rights forfeited when: (a) an employee is dismissed by 2. Opting will take place prior to the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreement; (b) an employee voluntarily leaves the service posting of the Co-operative; (c) more than twelve (12) months have elapsed since last so employedwork schedule on Wednesday, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed prior to the employee's last known address; (e) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reasonweek. 9.04 In matters 3. Once a carrier has opted for an assignment, pursuant to the above, he/she shall work the assignment for its duration. Anticipated duration of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall assignment will be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall applyposted. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months4. If the employee is not successful in their new positionAll reserve, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority unassigned and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one flexible carriers opting for a duty assignment may sign an opting sheet, which will list all available assignments that will be vacant for a duration of five (15) days or more years of more. 5. If a reserve, unassigned, or full-time seniorityflexible carrier does not opt, who is reduced to part-time flexibles can opt, pursuant to the above, by exercising their seniority. 6. If a part-time flexible fails to opt for the Coassignment, management may assign the duties to him/her. 7. The part-operativetime flexible may be bumped from an opt assignment on a day-to-day basis if there is insufficient work to keep the reserve, shall be placed at the top of unassigned, and full-time regulars busy eight (8) hours; otherwise, the part-time seniority list flexible shall work the assignment for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should its duration. C. When a letter carrier route or full-time job within said department become available at a later date. In all duty assignment, other matters said than the letter carrier route(s) or full-time employee's length duty assignment(s) of continuous service with the Co-operative within the bargaining junior employee(s), is abolished at a delivery unit shall be used. Accumulated as a result of, but not limited to, route adjustments, highway, housing projects, all routes and full-time seniority shall be duty assignments at that unit held by letter carriers who are junior to the governing factor in determining a carrier(s) whose route(s) or full-time employee's seniority ranking assignment(s) was abolished shall be posted for bid in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service accordance with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority listposting procedures in this Article. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Memorandum of Understanding, Memorandum of Understanding

SENIORITY. 9.01 Seniority for all employees ▇. ▇▇▇▇▇▇▇▇▇▇ unit seniority of members of the Association shall commence when the employee completes his/her probationary period, and shall be defined retroactive to initial date of employment as the length a member of continuous service with the Co-operative within the this bargaining unit. 9.02 Seniority B. Such seniority shall continue to accumulate during all paid and not be applicable for purposes of pension benefits, which benefits shall be based on credited service as defined in the Employee’s Retirement System, Chapter 10 of the ▇▇▇▇ City Code, nor for fringe benefits, which shall be determined by the service date (continuous full-time service as of employee’s date of hire less unpaid authorized leaves of absence). 9.03 Seniority C. An employee shall lose seniority and shall no longer be broken and all rights forfeited whenconsidered an employee for the following reasons: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreement1. He resigns or retires; (b) an employee voluntarily leaves the service of the Co-operative2. He is discharged and not reinstated; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff3. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee He is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given work days, including the original date of absence, without notifying the Employer (exceptions to this may be made by the employeeEmployer); 4. Sickness and/or inability He fails to communicate with the Co-operative shall be considered return to work upon expiration of a satisfactory reason.leave of absence; 9.04 In matters of demotion and reduction 5. He gives a false reason to part-time, and when assigning an employee obtain a leave; 6. He fails to relieve another employee in return to work within fourteen calendar days after being recalled from a higher paid classification, merit, ability and fitness, as determined by the Co-operative, layoff; 7. He is laid off for a continuous period equal to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order his length of seniority shall apply.or five (5) years, whichever is lesser; 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period 8. He separates from employment upon settlement covering total disability; 9. He does not work for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing years provided the employee is available and willing unable to work perform the additional hoursessential duties of the position with reasonable accommodation. 9.11 When F. During an employee’s probationary period, the employer retains the right to discharge a part-time new hire employee works or return a promoted employee to a previous position held by the basic work week for thirteenemployee within the City without regard to any other provision of this Agreement. The discharge, termination or return to previous position of any employee during the probationary period shall not be subject to the Grievance Procedure.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 9.01 Seniority for all 7.1 Upon completion of 90 consecutive working days; or 90 cumulative working days within a twelve (12) month period the employee's surname will be placed upon the seniority list in order of first date of hire during the period in which seniority was attained. Where two or more employees attaining seniority were hired on the same day, their seniority shall be defined as governed alphabetically according to the length of continuous service with the Co-operative within the bargaining unitoriginal surname under which they were hired. 9.02 Seniority 7.2 For the purpose of this Article, "regular employee" shall continue refer solely to accumulate during all paid and unpaid authorized leaves of absence. 9.03 Seniority shall be broken and all rights forfeited whenthose employees in the Bargaining Unit whose employment: (a) an employee is dismissed by the Coconsidered or expected to be on a 52 weeks-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreement;a-year basis; or (b) is such that an employee voluntarily leaves completes 39 weeks, which must amount to 195 full days' service with the Company in a 12 month period. 7.3 The seniority of any employee shall be considered broken, all rights forfeited, and there shall be no obligation to rehire, when he/she: (a) Voluntarily terminates his/her employment with the Company. (An employee who is absent for five (5) consecutive working days without legitimate reason, or without first receiving permission from the Company, may be considered to have left the Company's service of his/her own accord). (b) Is discharged, and the Co-operative;discharge is not reversed through the Grievance Procedure. (c) more than twelve Fails to return to work when recalled or cannot be located after reasonable effort on the part of the Company. The present method of contact by telephone, or, if unable to contact by telephone, notice (12a copy of which shall be given to the Plant Chairperson), mailed to the last known address of the employee, shall constitute a reasonable effort on the part of the Company. If within five (5) months have elapsed since working days of notice having been mailed to him/her by certified post to his/her last so employedknown address shown on the Personnel Office records, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed duty or to the employee's last known address; (e) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate make arrangements with the Co-operative Company to report within seven (7) working days, the Company shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction entitled to part-time, and when assigning an assume that the said employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides has voluntarily forfeited his/her right to return to their former job within the bargaining unitCompany's employ. In urgent cases, same will be allowed within however, where it is necessary to secure workers, the three (3) month period. Any Company, if unable to contact the seniority eligible employee who returns to by telephone, after reasonable effort, may recall the bargaining unit within next seniority employee and so on down the three (3) month period shall do so without loss of seniority and benefitslist until the vacancy is filled. Employees who wish recalled under such circumstances shall retain the positions to return after a three (3) month period will maintain their original seniority date as their service date for which they are appointed until the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time senior eligible employee is available. Provided the employee with one (1) or more years of full-time seniority, who is reduced whom the Company was unable to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working communicate in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should to whom a full-time job within said department become available at notice has been mailed to his/her last known address (a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees copy shall be given to the most senior part-time employee firstPlant Chairperson), and thereafter in decreasing order of seniority, providing advises the affected employee has the ability to do the normal requirements Company within five (5) working days of the job mailing of such notice of his desire to return to the Company's employ, he/she shall retain his/her seniority. The Company agrees to allow a Stationary Engineer who is on lay-off and providing the employee who is available and willing working as a Stationary Engineer with another employer, a maximum of ten (10) days to return to work from the additional hoursdate such notification to return to work is given. 9.11 When a part(d) Has not been called back for work within twenty-time employee works the basic work week four (24) months of his/her last lay-off. Thirty-six (36) months for thirteenthose employees with service of more than five

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 9.01 Seniority for all employees shall be defined as the length of continuous service since the last date of hire. (a) The Company recognizes the principle of seniority in the administration of promotions, demotions, transfers, layoffs and recalls. In this application of seniority under this section, if the employee has the necessary qualifications and the skill and ability to perform in accordance with the Co-operative within the bargaining unitjob requirements, seniority shall prevail. 9.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence. 9.03 (b) Seniority shall be broken a factor given consideration by the Company when assigning Shift Leaders and all rights forfeited whenLeadhands. The Company will select Shift Leaders and Leadhands from those qualified in the job classification for which the Shift Leader or Leadhand is required. (a) New employees shall be regarded as probationary employees for the first four hundred and eighty (480) hours of employment. After the employee successfully completes probation he will be considered a permanent employee and his seniority will be backdated to the start of the probation period. (b) The Company reserves the right to terminate probationary employees, who are considered unsuitable, at any time during the probationary period. (c) Probationary employees who remain employed shall be given an oral progress report by their Supervisor. The report shall be given between the 200th and 280th hour worked. If the employee is not making satisfactory progress, the Shop ▇▇▇▇▇▇▇ or the Union Plant Committee will be advised. An employee’s seniority shall cease if the employee: (a) an employee voluntarily resigns from the Company; (b) retires; (c) is dismissed by the Co-operative for just cause discharged and is not reinstated through the grievance and/or arbitration procedure contained in this Agreement; (b) an employee voluntarily leaves the service of the Co-operative; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoffprocedure; (d) is absent without reasonable cause and/or does not notify his supervisor within two (2) working days of an employee absence; (e) fails to return from an authorized leave of absence; (f) fails to report for work on recall or make satisfactory arrangements with the Company within ten five (105) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid offpersonal notification to such employee, it shall notify or after written notification to such employee by registered lettermail, addressed telegram, or messenger has been sent by the Company to the employee's his last known address; (eg) an employee is absent from work without an approved leave laid off for a period in excess of absence his recall rights under 5.07. In the event of a layoff, the Company may lay off employees by department. Seniority will be applied within a department as provided for more than three in 5.02(a) above. When such layoff is necessary, the Union Plant Committee will be advised of the date of the layoff and those employees involved in the layoff at the earliest possible date. A minimum of one (31) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative week notice of lay off shall be considered a satisfactory reasongiven to all full time employees. 9.04 In matters of demotion and reduction (a) A permanent employee who is subject to part-time, and when assigning an employee to relieve another a layoff in his department may bump a less senior employee in a higher paid classificationsimilar or lower classification in another department, merit, provided the more senior employee has the necessary skill and ability and fitness, as determined by the Co-operative, to perform in accordance with the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month periodrequirements. Any employee who returns is subject to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period lay off will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with have one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the partfollowing options: Bump Be laid off and put on the recall list (b) In the event that a laid-time seniority list for off employee does not have the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction skill and ability to part-time bump under section (a) and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service the layoff exceeds ten (10) working days, the employee may bump the most junior employee in the plant (i.e. the employee with the Co-operative within least seniority), provided the bargaining unit when determining where they are bumping employee can achieve the required skill and ability to be placed on do the part-time seniority list. 9.08 The Co-operative agrees job after a brief familiarization period, including training to give a maximum of two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basisdays. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference (c) In the event of a curtailment of the workforce in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing plant the order of layoff will be as follows: Relief employees Probationary employees, except maintenance Permanent employees, except maintenance Maintenance employees (d) Laid off employees, who have recall rights under article 5.07, will be recalled to employment in order of their seniority, providing provided they have the affected employee has the skill and ability to do the normal requirements work in question after a brief familiarization period, including training to a maximum of the job and providing the employee is available and willing to work the additional hourstwo (2) days. 9.11 When (e) No new employees will be hired until those employees, who have been laid off and who have recall rights under article 5.07, have been given opportunity of recall under section (d) above. (f) An employee who has bumped into a part-time employee works different position or who has been recalled into a different position in accordance with the basic work week for thirteenprovisions of this article, shall have the option of returning to the position he held prior to his layoff, should that position become vacant during the employee’s recall period under article 5.07.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 9.01 5.01 Seniority for all employees shall be is defined as the length of continuous service in the bargaining unit and shall include service with the Co-operative within Division prior to the bargaining unit. 9.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence. 9.03 certification. Seniority shall be broken used in transfer, layoff, permanent reduction of the workforce, and all rights forfeited whenrecall, as set out in other provisions of this Agreement. Seniority shall operate on a classification basis subject to Article 4.01 of this Collective Agreement. The classifications shall be: 1. Community Support Worker 2. Intercultural Support Worker 5.02 A copy of the seniority list shall be provided to the Union members by May 15 of each year. In addition a copy of the seniority list shall be forwarded to the Secretary of the Union and the Union Representative by May 15 of each year. Except where errors have been brought to the Director of Human Resources or his designate's attention within (10) ten days of the mailing of the seniority list, the Division shall be entitled to rely on the latest seniority list in making any decision based on an employee's seniority. 5.03 An employee shall lose seniority and their name shall be removed from the seniority list for any of the following reasons: (a) an employee is dismissed by the Co-operative Voluntary termination of employment. (b) Discharged for just cause and not reinstated. (c) Voluntarily retired. (d) Failure to return to work following an authorized leave of absence unless through illness or other such reason acceptable to the Division. (e) Absence for more than two (2) consecutive working days without notifying their Supervisor or designate. (f) Failure to contact their Supervisor within three (3) working days after receiving notice of recall from lay-off by registered mail to do so unless through illness or other such reason that is acceptable to the Division. The employee shall not reinstated be required to return to work following lay-off earlier than fifteen (15) working days after receipt of the above notice unless through mutual agreement of the grievance and/or arbitration procedure contained employee and the Division. The onus is on the employee to inform the Division in writing of their current address. (g) Laid-off for more than eighteen (18) consecutive months. An employee who has lost seniority as a result of the application of this Agreementclause shall be notified that their employment is terminated and where such notice is given, it shall be considered as just cause for termination. 5.04 Seniority will continue to accrue if an employee: (a) is on any period of paid leave of absence; (b) an employee voluntarily leaves the service is on any period of the Co-operativepaid sick leave; (c) more is on any period of unpaid leave of absence of less than twelve twenty (1220) months have elapsed since last so employed, in the event of a layoffconsecutive working days; (d) an is absent on Workers Compensation as follows: (i) The employee fails will continue to report accrue seniority and sick leave credits while the employee is absent on Workers Compensation for work within ten a continuous period of one (101) calendar days year from the date of the accident which necessitated the employee being recalled placed on compensation. (ii) The employee will cease to accrue seniority after a layoff. When the Co-operative recalls an period detailed in Point (i) above, but will retain all accrued seniority. (iii) The employee who has been laid off, it shall notify such employee by registered letter, addressed will cease to accrue vacation and sick leave credits after the employee's last known address;period detailed in Point (i) above. (e) an employee is absent from work without on an approved maternity, parental or adoptive leave. 5.05 Seniority will be retained but will not accrue if an employee: (a) is on any period of unpaid leave of absence for of more than three twenty (320) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reasondays except for maternity, parental or adoptive leave. 9.04 In matters (b) is absent on Workers Compensation and in receipt of demotion the total and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall applycomplete disability. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period (c) is laid-off for a period of three less than eighteen (318) calendar consecutive months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1d) or more years is absent and in receipt of full-time seniority, who is reduced to part-time by total and complete disability under the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same timeDivision Disability Income Fund. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 9.01 (a) Seniority for all employees shall be defined as the length of continuous service with the Co-operative within in the bargaining unitunit since the employee's latest date of hire and providing the employee has completed their probationary period. 9.02 (b) In January and July of every calendar year, the Employer shall post the full seniority list showing the seniority of each employee. The Union shall be emailed a separate seniority list in Excel format that contains the following information: start date, seniority date, classification, department (work location) rate of pay, FT/PT status, employee number, mailing address, email address, telephone number and S.I.N. of all bargaining unit employees including those on leave (including the type of leave) 13.02 Seniority shall continue to accumulate during all paid and unpaid (up to fifty-two (52) weeks) authorized leaves of absence, during all layoffs (up to fifty- two (52) weeks), and during all periods of sickness and/or injury. 9.03 Seniority 13.03 An employee shall cease to have seniority rights and their employment status with the Employer shall be broken and terminated for all rights forfeited whenpurposes if the employee: (a) an employee is dismissed duly discharged by the Co-operative for just cause Employer and is not reinstated through the grievance and/or and arbitration procedure contained in this the Agreement; (b) an employee voluntarily leaves the service of the Co-operativeresigns; (c) more than twelve has been laid off continuously for a period of fifty-two (1252) months have elapsed since last so employed, in the event of weeks or is called back to work after a layoff; (d) an employee fails layoff and does not return to report for work within ten fourteen (1014) calendar days or does not respond in writing within seven (7) calendar days of being recalled after receiving a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed letter sent to the employee's their last known address; (ed) an employee is absent from work without an approved leave of absence for more than three two (32) consecutive scheduled working shifts days unless a satisfactory reason is given by the employee. Sickness Bona fide sickness and/or inability to communicate with the Co-operative Employer shall be considered a satisfactory reason.; 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3e) calendar months. If the employee is not successful in their new position, or if the employee decides fails to return to their former job within work on the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss completion of seniority and benefits. Employees who wish to return after an authorized leave of absence unless a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who satisfactory reason is reduced to part-time given by the Co-operative, employee. Bona fide sickness and/or inability to communicate with the Employer shall be placed at considered a satisfactory reason; or f) the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who Employee has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee firsthad Workers Compensation benefits discontinued, and thereafter in decreasing order of seniorityall appeals exhausted, providing the affected employee has the ability and is unable to do the normal requirements of the job and providing the employee is available and willing to work the additional hourswork. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 9.01 Seniority for all employees shall 10.01 Plant-wide seniority will be defined as recognized and will be based on the length of continuous service with the Co-operative within Company subject to the bargaining unitprovisions hereinafter set forth. 9.02 Seniority 10.02 In determining length of service for the purpose of seniority. Company-approved absence from the Company service for less than a year shall continue to accumulate during be disregarded; absence in excess of one (1) year shall be deducted from the length of continuous service with the Company. Absence for more than two (2) years shall forfeit all paid and unpaid authorized leaves of absenceseniority previously established. 9.03 10.03 The only exception to this method of determining length of service shall be leave of absence in writing granted by an Official of the Company or illness attested by a physician’s certificate giving an updated prognosis every six (6) months or sooner (if required) after two (2) years of absence or the employee will be removed from the seniority list. 10.04 Seniority as defined in paragraph two (2) above shall be broken and all rights forfeited whenfor the following reasons: (a) an If the employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreement;quits or resigns (b) an If the employee voluntarily leaves is discharged and the service of discharge is not reversed through the Co-operative;grievance machinery procedure. (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an If any employee is absent from work without an approved leave of absence for more than three (3) consecutive normal working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative days without notice, it shall be considered a satisfactory reasonthe employee has quit unless the employee can provide an excuse acceptable to the Company. 9.04 In matters (d) If an employee is laid off, he/she shall retain his/her full right to recall for a period of demotion time equivalent to his/her attained seniority up to a maximum of two (2) years from the date of lay-off, at which time he/she will cease to have any seniority rights or any rights under this Collective Agreement. 10.05 The Company agrees to revise and reduction to part-timepost the Seniority and Service lists each month on the bulletin board. If a clerical error occurs, and when assigning an employee is not brought to relieve another employee the Company’s attention, the Company shall not be held liable for action taken in a higher paid classificationthe use of the list, merit, ability and fitness, until such time as determined the error has been brought to their attention by the CoUnion or the employee affected. (a) In the event of a lay-operativeoff or the recall from lay-off, seniority shall be applied providing the employees affected are qualified to perform the work satisfactorily required. An employee is qualified to perform the work required if that employee has successfully completed the training program provided by the Employer and required for the particular job within a job level. It is recognized that the Company may direct employees to any available job. In the event of a permanent lay-off, laid off employees will be permitted to qualify for work according to their seniority. (b) Employees moving to a lower Job Level will be paid at the Job rate in the lower Job Level to which they may apply their total seniority with the Company. (c) Employees moving to a higher-rated Job Level will be paid at the wage rate in that Job Level and shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed based on the part-time seniority listemployees’ total number of days worked at all job levels. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 9.01 Seniority for all employees Section 1. Strict seniority shall prevail in the layoff, recall, and earning opportunities of employees, provided that skill, ability, and experience in performing scheduled work are relatively equal. In reducing the work force because of lack of work or other legitimate cause, the last employee hired shall be defined as the length first employee laid off and the last employee laid off shall be the first employee rehired, subject to the conditions noted above. When needed, the Transportation Supervisor may select a driver(s) to provide new driver training with due consideration being given to seniority in this selection. Posting of continuous service with this position shall not be required. However, the Co-operative within ▇▇▇▇▇▇▇ shall be notified of the position opening and person selected. If the Transportation Supervisor desires to train new drivers, the individual shall have that right without selecting from the bargaining unit. 9.02 Seniority Section 2. The Board shall continue provide a list of the employees arranged in order of their seniority. Such list shall be revised as changes occur and shall be made available to accumulate during all paid the Association and unpaid authorized leaves individual employees. Within ten (10) days of absenceproviding the seniority list, any objection to the list shall be filed with the Director of Transportation. If no objections are filed, the list shall be final and conclusive. 9.03 Section 3. Seniority shall be broken and all rights forfeited when:only by discharge or resignation. Leaves of absence may affect seniority as hereinafter provided. (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreement; (b) an employee voluntarily leaves the service of the Co-operative; (c) more than twelve (12) months have elapsed since last so employed, in Section 4. In the event of a layoff; , the employee so laid off shall be given two (d2) an weeks’ notice of recall by certified mail to the individual’s last known address. In the event the employee fails to report make oneself available for work within ten at the end of the said two (102) calendar days weeks, the individual shall lose all seniority rights under this Agreement. In the event of being recalled after a layoff, an employee’s seniority will freeze at the level when the layoff occurs. Section 5. When the Co-operative recalls an Stewards shall be granted super seniority for purpose of layoff and rehire only. Alternate stewards shall not have super seniority. Section 6. Any employee who is or has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted or transferred to a non-unit position outside of shall not accumulate seniority while working in the bargaining non-unit shall be on a trial period for a period of three (3) calendar monthsposition. If the employee is not successful returned to a bargaining unit classification, the individual shall commence work in their new position, or if the employee decides to return to their former a job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns generally similar to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in held at the time of their reduction to part-promotion or transfer and the employee shall maintain the seniority rank held at the time and for of promotion or transfer out of the purpose of determining unit. Section 7. In the event that two or more drivers are hired on the same date their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be useddetermined by drawing straws. Accumulated full-time seniority The drawing of straws shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time conducted by the Co-operativeAssociation. Once the ranking is determined, there shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed no changes on the part-time seniority listlist thereafter. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 9.01 10.01 Seniority will be calculated based on the actual hours of work. There will be separate seniority lists for full-time and part-time employees. The seniority lists across all employees three (3) sites shall be defined integrated for the purposes of job posting, lay- off and recall only. Seniority lists will be posted as at the length end of the last pay period in June and December of each year and copies will be forwarded to the Union. 10.02 Every employee shall be subject to a probationary period of four (4) full calendar months of continuous service with employment commencing on the Co-operative within date of her employment during such period. With written consent of the bargaining unitEmployer and the Union the probationary period may be extended for one (1) additional month. 9.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence. 9.03 10.03 Seniority shall be broken retained and all rights forfeited whenaccumulated under the following circumstances: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this AgreementActively at work; (b) an employee voluntarily leaves the service of the Co-operativeWhen on unpaid sick leave; (c) more than twelve (12) months have elapsed since last so employed, in the event When on a leave of a layoffabsence with pay; (d) When on an approved leave of absence without pay, not exceeding thirty-five (35) weeks; (e) When in receipt of paid sick leave, LTD or E.I. sick benefits; (f) When in receipt of Workplace Safety and Insurance Board benefits for an injury sustained while in the employ of the Employer; (g) When on pregnancy and/or parental leave. 10.04 An employee shall lose all seniority and be deemed terminated if: (a) She voluntarily quits the employ of the Employer; (b) She is discharged and such discharge is not set aside under the Grievance Procedure herein; (c) She is absent from work without permission for three (3) full working days, unless such absence was caused by physical disability or other circumstances beyond the control of such employee as a result of which she was unable to advise the Employer of the reason for her absence; (d) She fails to report for work within ten (10) calendar days upon the expiration of being recalled after a layoff. When the Co-operative recalls an employee who has been laid offleave of absence, it shall notify such employee by registered letter, addressed to the employee's last known addressvacation or suspension without reasonable cause; (e) She utilizes a leave of absence for a purpose(s) other than that for which it was granted; (f) She fails, upon being notified of a recall, to signify her intention of returning to work within three (3) calendar days of the notice of recall posted by registered mail to the last known address on file with the Employer and fails to report to work within five (5) calendar days after she has received the notice of recall or such further period of time as may be agreed upon the parties; (g) She retires; (h) After twenty-four (24) months of layoff, she has not been recalled; 10.05 Seniority shall be retained but not accumulated when an employee Employee is absent from work without under the following conditions: (a) When on an approved leave of absence for more than three without pay exceeding thirty-five (335) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason.weeks; 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for (b) For a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides lay-off up to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basisyears after the layoff commenced; (c) When in receipt of Workplace Safety and Insurance Board benefits under circumstances other than those mentioned in Article 10.03(f). 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 9.01 10.01 Seniority for all employees shall be defined as the length of continuous service with the Co-operative within the bargaining unitCompany. 9.02 Seniority 10.02 Every employee shall continue be considered probationary for the first four hundred eighty (480) hours of work, and shall attain no seniority during that period. At the conclusion of the employee's probationary period, he shall be placed on the seniority list and his seniority date back to accumulate during all paid and unpaid authorized leaves of absencethe day on which his employment began. 9.03 Seniority 10.03 An employee shall be broken and all rights forfeited whenlose his seniority standing under the following conditions: (a) an If the employee is dismissed by quits the Co-operative for just cause and is not reinstated through employ of the grievance and/or arbitration procedure contained in this AgreementCompany; (b) an If the employee voluntarily leaves is discharged and such discharge is not reversed through the service of the Co-operativegrievance procedure; (c) more than twelve If the employee fails to return to work after layoff within seven (127) months have elapsed since last days after being requested so employed, in to do by the event of a layoffCompany; (d) an If the employee fails to report is absent from work for work within ten three (103) calendar days of being recalled after a layoff. When without advising the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed Company and giving reasons satisfactory to the employee's last known addressCompany either before his absence or upon his return; (e) an If the employee is absent from takes work without an approved elsewhere during leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by without the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside consent of the bargaining unit shall be on a trial period for a period of three Company; (3f) calendar months. If the employee is off the payroll for any reason for twelve (12) calendar months of work. 10.04 Where, in judgment of the Company, which judgment shall not successful be exercised in their new positionan arbitrary or unfairly discriminatory manner, or if there is equality of skill, competence, and efficiency, the employee decides having the least seniority shall, in the case of layoff, be the first laid off. The reverse procedure will be followed in cases of rehirings. 10.05 In promotion to return to their former job positions within the bargaining unit, same will preference shall be allowed within given to those employees having the three (3) month period. Any employee who returns longest service, subject to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreementsame considerations enumerated in Section 10.04. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within 10.06 Supervisors promoted from the bargaining unit shall be used. Accumulated full-time continue to accumulate seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority listwhile holding such supervisory positions. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 9.01 10.01 For the purposes of this Article service shall mean service as an employee as defined in Article 1. 10.02 Seniority is based on an employee's total length of unbroken service. 10.03 An employee who ceases to be an employee as defined in Article 1 but who remains in the employ of the Employer, shall retain credit for all employees their accumulated seniority and shall be defined as entitled to such seniority if they resume employee status within the period of 6 months. 10.04 If there is a break or breaks in an employee's service, their seniority shall be based on their length of continuous unbroken service which shall have accumulated since their last rehiring by the Employer. 10.05 A break in an employee's service with the Co-operative within Employer shall be deemed to have occurred: a) (Quit) If they leave the bargaining unitemploy of the Employer. 9.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence. 9.03 Seniority shall be broken and all rights forfeited when: b) (aDischarge) an employee is dismissed by the Co-operative If they are discharged for just cause and if the discharge is not reinstated reversed through the grievance and/or arbitration procedure contained in this Agreementprocedure. c) (Layoffs and Recalls) If they are laid off because of lack of work and are not recalled within 24 months. d) If following a layoff, they fail to advise the Employer within 5 working days of receipt of notification to return to work, of their intention to return, or; (be) an employee voluntarily leaves If the service of the Co-operative; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for to work within ten (10) calendar days of being recalled after a layoffon the date and at the time specified in said notice. When the Co-operative recalls an employee who has been laid off, it The recall notice shall notify such employee be made in writing and delivered by registered letter, addressed mail to the employee's last known address; (e) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is address given by the employee. Sickness and/or inability employee to communicate with the Co-operative shall be considered a satisfactory reasonUniversity. 9.04 In matters f) All employees must notify the Employer promptly of demotion and reduction any address change. Failure to part-time, and when assigning an employee do so will remove all responsibility from the Employer in the event that official notices fail to relieve another employee reach the employee. g) If in a higher paid classification, merit, ability and fitness, as determined any other manner they cease to be employed by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall applyEmployer. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 9.01 12.01 Seniority for all employees as referred to in this Agreement shall be defined as the mean length of continuous employment as an employee of the Clinic. Seniority is to be used in the case of promotion (job postings), lay-off and recall. The parties hereto agree to the seniority and service list effective as at August 31, 2008 attached hereto as Schedule “A”. 12.02 Seniority shall accrue on the basis of one (1) year equaling 1950 hours. 12.03 Where two (2) or more employees commenced work on the same day, the greater seniority shall be given to the employee with the Co-operative within the bargaining unitearliest day of application for employment. 9.02 12.04 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absencewill operate on a bargaining unit wide basis. 9.03 12.05 Seniority as calculated and posted shall be deemed to be final and not subject to objection after posting, unless objection is made within 30 days of posting. 12.06 The seniority list shall be posted on January 31st of each year. 12.07 Seniority shall be broken maintained and all accumulated under the following circumstances: (a) while actively at work; (b) during any period of absence on paid sick leave or the first twelve (12) months of absence due to compensable injury or LTD; (c) during the first seventeen (17) weeks of pregnancy leave and eighteen (18) weeks of parental leave according to the Employment Standards Act; (d) during the first six (6) months of absence and for the first thirty (30) days of unpaid leave. 12.08 An employee’s seniority rights forfeited shall be lost and employment deemed to be terminated when: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreementshe voluntarily quits; (b) an employee voluntarily leaves she is discharged and discharge is not reversed through the service of the Co-operativegrievance and arbitration procedure; (c) she is on layoff for more than twelve eighteen (1218) consecutive months have elapsed since last so employed, in the event or length of a layoffseniority whichever is less; (d) an employee she fails to report for to work at the termination of a leave of absence or within ten one (101) calendar days of week after being recalled after to work and fails in either case to provide a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known addresssatisfactory reason; (e) an employee is absent from she fails to report for scheduled work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If or more consecutive working days without notifying the employee Employer of such absence and providing a satisfactory response; (f) she has not worked for more than twenty-four (24) months because of illness or physical or mental disability and Article 4 has been complied with; (g) she utilizes a leave of absence for purposes other than for which the leave of absence was granted; (h) she is not successful in their new position, or if the employee decides laid off and fails to return to their former job work within seven (7) calendar days after being notified by registered mail to her last known address on the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns employee’s records and does not give a reason satisfactory to the bargaining unit within the three Clinic; or (3i) month she has been on an active claim with WSIB and has been off work for a period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basisyears. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 9.01 Seniority (a) That before appointment to the permanent staff, the date of entry into service of an individual for all the purpose of the seniority list shall be the date of the employee’s assignment to the staff; and (b) That after appointment to the permanent staff, the date of entry into service of an individual for the purpose of the seniority list shall be set back from the date on which the employee was assigned to the staff by the aggregate periods of temporary service prior to the date of assignment, provided that no period of temporary service shall be taken into account for any individual prior to the date when the employee may have voluntarily withdrawn from the service of the Division. 9.2 No permanent employee shall be discharged except for cause. 9.3 In the case of temporary lay-off, such lay-off in the case of permanent employees who have continuously been in the employ of the Division for six (6) months or more, shall be on the basis that the permanent employee with the least seniority shall be the first to be laid off, and in the case of re-employment the permanent employee having the most seniority of the laid-off permanent employees shall be defined as the length of continuous service with the Co-operative within the bargaining unit. 9.02 first to be rehired. Seniority shall continue to accumulate during all paid and unpaid authorized leaves for twelve (12) months from date of absencelay-off. 9.03 Seniority 9.4 An employee shall lose seniority and the employee's name shall be broken and all rights forfeited whenremoved from the seniority list for any one of the following reasons: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreement;voluntary termination of employment; or (b) an employee voluntarily leaves the service of the Co-operative;discharge for just cause; or (c) more than twelve (12) months have elapsed since last so employed, in retirement under the event terms of a layoff;the Division's Pension Plan; or (d) failure to return to work following an authorized leave of absence unless through illness or other such reason acceptable to the Division; or (e) absence of more than two (2) consecutive working days without notifying their immediate supervisor and the Division’s computerized absence reporting system; or (f) failure to contact the appropriate District Maintenance Manager or District Maintenance Supervisor within five (5) working days after receiving notice of recall from lay-off by registered mail to do so, unless through illness or other such reason acceptable to the Division. The employee fails shall not be required to report for return to work within ten following lay-off earlier than fifteen (1015) calendar working days after receipt of the above notice unless through mutual agreement of the employee and the Division. The onus is on the employee to inform the Division in writing of their current address. A copy of said notice of recall from lay-off will be forwarded to the Union no later than such notice being recalled after a layoffsent to the individual. When Notwithstanding the Co-operative recalls remedial authority of an arbitrator under the Labour Relations Act, an employee who has been laid offlost seniority as a result of the application of this clause shall be notified that their employment is terminated and where such notice is given, it shall notify such employee by registered letter, addressed be considered as just cause for termination. 9.5 Seniority will continue to the accrue if an employee's last known address;: (a) is on any period of paid leave of absence; or (b) is on any period of paid sick leave; or (c) is on any period of paid vacation; or (d) is on any period of unpaid leave of absence of less than five (5) consecutive days; or (e) an employee is absent from work without on Workers' Compensation other than being in receipt of the total permanent disability benefits established under Workers' Compensation. 9.6 Seniority will be retained but will not accrue if an approved employee: (a) is on any period of unpaid leave of absence for of more than three five (35) consecutive working shifts unless a satisfactory reason days; or (b) is given by laid off for less than eighteen (18) consecutive months; or (c) is in receipt of the employee. Sickness and/or inability to communicate with total and permanent disability benefits established under any disability plan or pension plan. 9.7 A copy of the Co-operative seniority list shall be considered a satisfactory reasonprovided and sent to each employee covered under the Agreement not later than May 15 in each year. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 9.01 23.01 Seniority for all employees shall be defined as the length of continuous service with the Co-operative Company within the bargaining unit. When employees are hired on the same day, seniority will be determined by shift start time, then alphabetically commencing on the first day of working on production. 9.02 23.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence, during all layoffs, and during all periods of sickness and/or injury. 9.03 23.03 Seniority shall be considered broken and all rights forfeited whenservices terminated if an employee: (a) an employee is dismissed duly discharged by the Co-operative for just cause Company and is not reinstated through the grievance and/or arbitration procedure contained in Grievance and Arbitration Procedure of this Agreement; (b) an employee voluntarily leaves the service of the Co-operativequits or resigns; (c) more than twelve has been laid off continuously for a period of eighteen (1218) months have elapsed since last so employed, in the event of or is called back to work after a layoff; (d) an employee fails layoff and does not return to report for work within ten fourteen (1014) calendar days of being recalled after receiving a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed letter sent to the employee's his or her last known address; (ed) an employee is absent from work without an approved a written leave of absence for more than three (3) consecutive working shifts days unless a satisfactory reason is given by the employee. Sickness and/or or inability to communicate with the Co-operative Company shall be considered a satisfactory reason.; 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3e) calendar months. If the employee is not successful in their new position, or if the employee decides fails to return to their former job within work on the bargaining unitcompletion of an authorized leave of absence, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after unless a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreementsatisfactory reason is given. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority 23.04 Seniority shall be the governing factor in determining matters of promotion, awarding of a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee firstnew position or vacant position, and thereafter relieving another employee in decreasing order of senioritya higher or equally paying classification, providing the affected employee has the ability to be able to do the normal requirements of the job as determined by the Company. The Company in determining ability agrees to be fair and providing the employee is available and willing to work the additional hoursreasonable. 9.11 1. Select Positions include the following job classifications: a. Line Lead b. Shipper c. Robotic Operators When the Company creates a part-time employee works new position, the basic work week for thirteenCompany will meet and confer in good faith with the Union as to whether the position will be considered a Select Position or a Bid Position. A Select Position will be required to be materially different from all current bid positions and shall include one or more of the following elements: technical proficiency, specialized certifications or other special skills or unique abilities. Should the parties not come to an agreement the matter will be heard by one of the listed Arbitrators in Article 31.01

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Agreement

SENIORITY. 9.01 Seniority 6.1 An employee will be considered on probation until the employee has worked for all employees six (6) continuous months. However, upon agreement between the Employer and the employee, the probationary period may be extended up to a maximum of one (1) additional month. In cases where a probationary period is extended, the Employer will notify the Guild in writing. In the case of a part‐time employee, the length of the probationary period shall be defined as determined by an equivalent number of shifts. 6.2 Upon completion of such probationary period, the 6.3 The Employer may discharge a probationary employee if the employee is not satisfactory, a determination that is in the sole discretion of the Employer. The Employer’s decision to dismiss the employee shall not be made in bad faith. 6.4 No employee who has completed the employee’s probationary period may be disciplined or dismissed except for just cause. An employee who at the time of dismissal has not completed the probationary period, shall not have, or be deemed to have, this right. 6.5 Seniority means the length of continuous service with the Co-operative within Employer since the bargaining unitdate of last hiring. Full‐time employees shall accrue seniority from date of hire. Seniority for part‐time employees shall be based on hours and shall be listed on a separate seniority list. 9.02 Seniority 6.6 An employee shall continue to accumulate during lose all paid seniority and unpaid authorized leaves of absence. 9.03 Seniority shall be broken and all rights forfeited whendeemed to have terminated employment with the Employer if the employee: (a) an employee is dismissed by voluntarily quits the Co-operative for just cause and is not reinstated through employ of the grievance and/or arbitration procedure contained in this Agreement;Employer; or (b) an employee voluntarily leaves is discharged and such discharge is not reversed through the service of the Co-operative;Grievance Procedure; or (c) is absent for five (5) consecutive working days unless a reason satisfactory to the Employer is given; or (d) fails to return to work upon termination of an authorized leave of absence unless a reason satisfactory to the Employer is given; or (e) is absent due to layoff more than twelve (12) months have elapsed since last so employed, in the event of a layoff;consecutive months; or (df) an employee fails to notify the Employer of the employee’s intention to report for work within ten three (103) calendar days from the date of delivery by courier dispatch of a notice of recall to the employee, unless a reason satisfactory to the Employer is given; or (g) fails to report to work after being recalled after from lay‐off within two (2) weeks from the date of delivery by courier dispatch of a layoff. When notice of recall to the Co-operative recalls employee, unless a reason satisfactory to the Employer is given. (h) Notwithstanding the above, an employee who has been laid off, it left the employ of the Employer and is rehired shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate be credited with previous seniority with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date Employer for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreementonly. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority 6.7 It shall be the governing factor responsibility of an employee to keep the Employer advised, in determining a full-time writing, of the employee's seniority ranking in situations where more than one full-time employee within ’s current address. The Employer shall be deemed to have given an individual on layoff notice of recall by sending notice of recall by registered mail or courier to the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time last address supplied by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority listemployee. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 9.01 20.01 Seniority for all employees shall be defined as the length of continuous service with the Co-operative within the bargaining unit.the 9.02 20.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absenceabsence and layoffs. 9.03 Seniority 20.03 An employee shall cease to have seniority rights and their employment status with the Co-operative shall be broken terminated for all purposes and all rights forfeited whenfor just cause if the employee: (a) an employee is dismissed duly discharged by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration Grievance and Arbitration procedure contained in this the Agreement; (b) an employee voluntarily leaves the service of the Co-operativequits or resigns; (c) more than twelve has been laid off continuously for the lesser of fifty-two (1252) months have elapsed weeks or a period of time equal to the employee's length of continuous service with the Co-operative since last so employedtheir most recent date of hire, in the event of or is called back to work after a layoff; (d) an employee fails layoff and does not return to report for work within ten fourteen (1014) calendar days of being recalled after receiving a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed letter sent to the employee's their last known address; (ed) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts days unless a satisfactory reason is given by the employee; (e) fails to return to work on the completion of an authorized leave of absence, vacation or suspension unless a satisfactory reason is given by the employee. 20.04 Seniority shall be the governing factor in all matters of promotion, demotion, awarding of a new position or vacancy, layoff, recall after layoff, and reduction to part-time providing, in the judgment of the Co-operative, which shall not be exercised in an arbitrary or discriminatory manner, the affected employee has the fitness and ability to perform the required normal functions of the job as may be determined by the Co- operative. Sickness and/or inability Seniority in an employee’s area would govern when relieving another employee in a higher paying classification. 20.05 The Co-operative shall provide the Union, in January and July or whenever a written request to communicate do so is received from the Union, with an up-to-date seniority list in Excel format of all full-time and all part-time employees covered under the terms of the Collective Agreement. 20.06 Employees within the bargaining unit who accept a position with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position which places them outside of the bargaining unit shall be on a trial period continue to accumulate seniority for the purpose of this Agreement for a period of three six (36) calendar months. If the employee is not successful in their new position, or if the employee decides Said employees shall be entitled to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within and their former job at any time during the three six (36) month period shall do if they so without loss of seniority and benefitschoose. Employees who wish to return after a three remain outside of the bargaining unit beyond the six (36) month period will maintain their original time limit shall keep the seniority date as their service date they had immediately prior to leaving the bargaining unit in the event they eventually return to the bargaining unit but shall not, in such cases, accumulate any seniority for the purpose time period that they were outside of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreementthe bargaining unit beyond the six (6) month limitation. 9.06 A full20.07 For the purposes of allocating part-time hours of work there shall be two (2) areas for part-time employees which shall be the Pilot Mound and the ▇▇▇▇▇▇▇ area. Each part-time employee with one (1) or more years of fullshall be assigned to the area closest to where they reside from time to time. Part-time seniority, who is reduced to part-time by the Co-operative, employees shall be placed at entitled to exercise their seniority to receive hours of work in their area, but shall not be entitled to exercise their seniority to receive hours of work in the top of other area. To the part-time seniority list for the purpose of receiving extent reasonably possible, all available part-time hours of work within each area shall be offered to the department they were working in at the time of their reduction to most senior part-time employee first and for thereafter in decreasing order of seniority, providing the purpose of determining their seniority ranking should a full-time job within said department become employee is available at a later date. In all other matters said full-time employee's length of continuous service with and willing to work the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one hours. 20.08 No full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is shall be laid off and/or reduced to part-time status by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the unless all present part-time seniority listemployees have been laid off first. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. 20.09 Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees and spare employees. Part-time employees who become full-time shall begin accumulating their full-time have seniority at that time. 9.10 Preference in weekly available hours of work within a department for only over other part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hoursspare employees. 9.11 When a part20.10 The Co-time employee works the basic work week for thirteenoperative shall give two (2) weeks' notice in writing or two

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Agreement

SENIORITY. 9.01 Seniority for all employees shall be is defined as the length of continuous service with the Co-operative within the bargaining unit with the Region since the most recent date of hire, and shall be a factor in determining promotions, transfers, demotions, lay-offs and recalls. Seniority shall operate on a bargaining-unit-wide basis except as otherwise provided for in this Agreement. 9.02 Seniority An employee shall continue serve a probationary period of six (6) continuous calendar months of time worked from the date of hire. The conditions of employment with respect to accumulate during all paid and unpaid authorized leaves of absenceprobationary employees shall be as set out in Article 29 - Employee Definitions, paragraph 29. 9.03 An employee who satisfactorily completes the probationary employment shall be placed on the seniority list and will be credited with seniority at a date six (6) months prior to acquiring such seniority. 9.04 The Region shall maintain a seniority list showing the date upon which each employee's service commenced. An up-to-date seniority list shall be sent to the Union and posted on all bulletin boards in January and July of each year. 9.05 Seniority shall be broken lost and all rights forfeited whenemployment terminated where an employee: (ai) Voluntarily resigns. (ii) Is laid off and is not recalled to active employment within eighteen (18) calendar months, or one-half of the employee's seniority at the time of lay-off, whichever is the lesser. (iii) Fails to confirm his intention to return to work within five (5) working days after notice to return to work has been sent to him by registered mail to the last address on the Region's records, or fails to return to work within seven (7) working days from the date of such registered notice, unless a reason satisfactory to the Region is provided. (iv) Is absent from work in excess of three (3) working days without sufficient cause or without notifying his immediate supervisor. (v) Overstays an employee is dismissed by approved leave of absence and fails to obtain written extension from the Co-operative Region. (vi) Is discharged for just cause and is not reinstated through by the grievance and/or arbitration procedure contained in this Agreement;procedure. (b) an employee voluntarily leaves the service of the Co-operative; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) 9.06 Where an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee transferred or promoted to a position outside not subject to the terms of this Agreement, he shall retain the seniority accrued to the date of the transfer or promotion from the bargaining unit shall be on a trial period for a period of three (3) calendar monthsunit. If the employee is placed back into a position covered by the terms of this Agreement, his aforementioned seniority shall be credited to him. An employee who temporarily is transferred or promoted to a position not successful in their new position, subject to the terms of this Agreement for a period of six months or if the employee decides to less shall return to their former the job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative classification held within the bargaining unit shall be used. Accumulated full-time seniority shall be prior to the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within transfer or promotion from the bargaining unit when determining where they are to be placed on the part-time seniority listunit. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 9.01 10.01 Seniority for all employees as referred to in this Agreement shall be defined as the mean length of continuous service in the employ of the Employer. 10.02 A regular, fulltime employee shall accrue seniority on the basis of years of service in accordance with his/her last date of hire. A regular, part-time employee and a casual employee shall accrue seniority on the basis of hours worked, converted to years of service for each 1950 hours worked. 10.03 Where two or more employees commenced work on the same day, the greater seniority will be given to the employee with the Co-operative within the bargaining unitearliest date of application for employment. 9.02 Seniority 10.04 The Employer agrees to post an updated seniority list once per year with a copy to the Union ▇▇▇▇▇▇▇. An employee shall continue have thirty (30) calendar days to accumulate during all paid and unpaid authorized leaves challenge the seniority list with respect to his/her seniority. If not challenged, the seniority date of absenceeach employee shall be deemed to be correct. 9.03 10.05 Seniority shall be broken maintained and all accumulated under the following circumstances: (a) While actively at work. (b) During any period of absence while on sick leave or an absence due to illness or injury; (c) During the period of pregnancy and parental leave as provided in accordance with the Employment Standards Act, 2000 as amended from time to time. 10.06 For avoidance of doubt, continuous service for the purpose of vacation entitlement shall be maintained and accumulated for an employee who is on short term or long term sick leave, pregnancy and parental leave. 10.07 An employee's seniority rights forfeited shall be lost and employment deemed to be terminated when: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreement(s)he voluntarily quits; (b) an employee voluntarily leaves the service of the Co-operative(s)he retires; (c) (s)he is discharged and the discharge is not reversed through the grievance and arbitration procedure; (d) (s)he is on layoff for more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known addressmonths; (e) an employee is absent from (s)he fails to report to work at the termination of a leave of absence or within one (1) week after being recalled to work and fails in either case to provide a satisfactory reason; (f) (s)he fails to report for scheduled work or leaves his/her work station without an approved obtaining the consent of the Employer or without notifying the Employer of such absence, and providing a satisfactory reason at the earliest reasonable opportunity; (i) The employment has been frustrated as (s)he has not been able to work for more than twenty-four (24) months because of disability (even with accommodation to the point of undue hardship); (ii) The determination that the employment has been frustrated will only be made by the Employer upon final review of the accommodation efforts upon notification to the Union, after the 24 month period noted above; (h) (s)he utilizes a leave of absence for more purposes other than that for which the leave of absence was granted; (i) In the case of a casual employee, (s)he has not worked a minimum of one (1) shift, in the past three (3) consecutive working shifts months, unless a satisfactory reason is given by at the request of the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform discretion of the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficientEmployer, the senior person shall be selected except for demotions and reduction casual employee is permitted to part-time, where reverse order remain on the list of seniority shall apply. 9.05 Any employee promoted to a position outside employees. The permission of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee Employer is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority listunreasonably withheld. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 9.01 Seniority for all employees (a) For the purposes of this Agreement an instructor's seniority (other than that of a probationary instructor) shall commence with the date of the instructor's most recent hiring (other than as a result of a recall after a lay- off) by the Board and shall be defined maintained and accumulated so long as the length instructor remains in the employ of continuous service the Board during: (i) a lay-off within any period during which the instructor was entitled to be recalled, (ii) any sickness or accident, (iii) any authorized leave of absence, and (iv) any period of secondment to any other organization approved by the Board. (b) When a probationary instructor finishes the probationary period the instructor shall be entered on the seniority list and shall rank for seniority from the date the instructor was last hired. (c) A loss of seniority shall be deemed to have occurred if an instructor employed by the Board: (i) quits; (ii) is discharged and is not reinstated by reason of the grievance procedure; (iii) is laid off and not recalled within the times provided for in Article 9.05; (iv) fails following a lay-off to notify the Board within seven (7) working days of the Board sending to the instructor a notice to return to work (such notice to be sent by registered mail to the instructor's last address on record with the Co-operative within Board) of the bargaining unitinstructor's intention to return or fails to report for work on the date and at the time specified in such notice, which date is not sooner than said seven (7) working days. 9.02 Seniority lists shall continue be posted annually by the Board by January 30, and a copy thereof shall be sent to accumulate during the Recording Secretary of the Local Union. Such list shall contain the work location and language of instruction of each instructor. The Human Resources Department shall also notify the President and Recording Secretary of the Local Union of all paid hirings (including the work location and unpaid authorized leaves percentage of absenceteaching time of each new instructor), lay- offs, transfers, secondments, completion of probation and terminations of employment within two (2) weeks of reporting such actions to the Board and of receiving Board approval where required. Every May and November, the Board shall also provide to the President and Recording Secretary of the Local Union the addresses of all instructors who do not object to the release of such information. 9.03 Seniority A new instructor shall cease to be broken and all rights forfeited when: (a) an employee is dismissed by a probationary instructor on December 31st, the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreement; (b) an employee voluntarily leaves the service last day of the Comid-operative; (c) more than winter break or June 30th, if by any of those dates such instructor has completed twelve (12) months have elapsed since last so employed, of a school year in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoffbargaining unit. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If The time while the employee is not successful in their new positionon leave without pay (i.e., or if the employee decides to return to their former job within the bargaining unitmedical, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time senioritymaternity, who is reduced to part-time by the Co-operativeadoption), shall not be placed at included when determining the top completed twelve (12) months. The probationary period may be extended for one school year by mutual agreement of the part-time seniority list for instructor and the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same timeBoard. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 9.01 Seniority for all employees shall be defined as the worker’s length of continuous service with the Co-operative Employer in the bargaining unit commencing with the date on which the worker first began work in a bargaining unit position. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit. 9.02 unit covered by this Agreement. Seniority shall continue to accumulate accrue and not be lost during all a worker’s paid time off , union leave and unpaid authorized leaves during any paid leave of absence. 9.03 Seniority shall be broken and all rights forfeited when: (a) an employee is dismissed by the Co-operative for just cause and is , or approved unpaid leave of absence not reinstated through the grievance and/or arbitration procedure contained in this Agreement; (b) an employee voluntarily leaves the service of the Co-operative; (c) more than to exceed twelve (12) months have elapsed since last so employedweeks, or as required by law. A worker shall not accrue seniority while on Layoff or on an unpaid leave of absence which exceeds twelve weeks. If an Employee transfers to another SEIU unionized Avalon facility and continues to work in a bargaining unit position, they shall retain their seniority. A worker shall lose accumulated seniority and seniority shall be broken for only the event of a layoff; (d) an employee fails following reasons: • Voluntary quit; • Discharge; • Failure to report for to work after a Layoff within three (3) days after receipt of written notice of recall sent by the Employer to the worker at his/her last address of record on file with the Employer or ten (10) calendar days after written notice of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed recall is sent to the employee's address that was last known address; provided by the worker; • Layoff which either extends (ea) an employee is absent in excess of twenty-four (24) consecutive months • Absence from work without an approved notifying the Employer, unless reasonable notification could not be given for emergencies, determined on a case-by-case basis at the sole discretion of management and exercised in good faith; • Unauthorized failure to report to work at the expiration of a leave of absence for more than three (3) consecutive working shifts pursuant to this Agreement; • Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer unless on layoff. • Accepting a satisfactory reason is given by the employee. Sickness and/or inability to communicate position with the CoEmployer in a non-operative bargaining unit category, such as a supervisory or managerial role. A worker whose seniority is lost for any of the reasons outlined above shall be considered as a satisfactory reason. 9.04 In matters new employee if the Employer again employs him or her. The failure of demotion and reduction the Employer to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by rehire said worker after the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order loss of seniority shall apply. 9.05 Any employee promoted not be subject to a position outside the grievance and arbitration provisions of this Agreement. If an Employee returns to an Avalon facility within 6 months of leaving the bargaining unit shall be on a trial period facility, they will retain the seniority they had accrued and the most recent hire date prior to their departure. Seniority will not accrue for a any period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were not working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same timeAvalon. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

SENIORITY. 9.01 Seniority for all employees shall be defined as the length of continuous service with the Co-operative within the bargaining unit. 9.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absenceabsence except Union Leave as per sub-article 18.02. 9.03 Seniority shall be broken and all rights forfeited when: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration Arbitration procedure contained in this Collective Agreement; (b) an employee voluntarily leaves the service of the Co-operative; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without an approved a leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one one (1) full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two four (24) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 9.01 20.01 Seniority for all employees shall be defined as the length of continuous service employment with the Co-operative Company within the bargaining unit. Temporary absence from work, as set forth in this Agreement, shall not break seniority. 9.02 20.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence for the first three (3) calendar months only. Thereafter, seniority shall be maintained until the employee returns to work. The exception to this shall be layoffs, and any leave of absence for sickness, injury, maternity leave, or parental leave, where in such case seniority shall accrue during the entire layoff or leave of absence, as the case may be. 9.03 20.03 Seniority shall rights of an employee may be broken and all rights forfeited whenterminated for any of the following reasons: (a) if an employee is dismissed by voluntarily leaves the Co-operative for just cause and is not reinstated through employ of the grievance and/or arbitration procedure contained in this AgreementCompany; (b) if an employee voluntarily leaves is discharged for just and sufficient cause and the service employee is not reinstated through use of the Co-operativeGrievance Procedure; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) if an employee fails to report for return to work after a layoff within ten seven (107) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who notice to return to work has been laid off, it shall notify such employee forwarded by registered lettermail to their last address on file with the Company, addressed to the employee's last known address; (e) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability Substantiated illness, injury, or situations where notice to communicate terminate employment with the Co-operative another Company is required to be given to said Company, shall be considered as a satisfactory reason. Where such notice is required to be given to another Company the seven (7) days' notice referred to above shall be increased to fourteen (14) calendar days; (d) if an employee fails to return to work after the completion of an authorized leave of absence unless a satisfactory reason is given by the employee. Substantiated illness or injury shall be considered as a satisfactory reason; (e) if an employee has not performed work for the Company during any twelve (12) consecutive calendar month period, except in the case of accident, sickness or disability; (f) if an employee has failed to report for work for more than three (3) consecutive working days unless a satisfactory reason is given by the employee. Substantiated illness or injury shall be considered as a satisfactory reason. 9.04 In matters 20.04 The awarding of demotion and reduction to part-timepromotions, and when assigning an employee to relieve another employee vacancies, or relieving in a higher paid classification, merit, rated classification shall be done on the basis of seniority providing the senior applicant possesses the skill and ability and fitness, as determined by the Co-operative, to perform the work satisfactorily normal requirements of the job. The determination of sufficient skill and ability to perform the normal requirements of the job shall be based on evidence and standards that are reasonable, demonstrable and objective, and both on the job experience and related experience shall be considered substantial evidence of sufficient skill and ability to perform any job under consideration. In the event of a promotion, the employee will be on a trial period for ninety (90) working days, during which time she or he may elect, to return to her or his former job, or the Company may return the employee to her or his former job for just cause. 20.05 Seniority shall be the governing factorfactor in all cases of layoff providing the employee involved has the ability to do the normal requirements of the job. Where merit, ability and fitness are comparable and sufficientUnder this definition, the senior person last employee hired shall be selected except the first to be laid off. In the event of layoff, an employee having more seniority than another employee and claiming the other employee's job shall be given a thirty-seven and one-half (37½) hour trial period on said job. The employee shall be entitled to ask for demotions and reduction receive assistance from other employees during this time period when requested. 20.06 Seniority shall be the governing factor in all cases of recall to part-timework providing the employee involved has the ability to do the normal requirements of the job. Under this definition, where reverse order of the employee on layoff who has the most seniority shall applybe the first to be recalled to work. 9.05 20.07 Seniority shall be applied among permanent and temporary employees respectively. All permanent employees shall have seniority over all temporary employees. Temporary employees shall have the same seniority over other temporary employees. 20.08 When an employee's employment is voluntarily reduced from permanent status to temporary status, said employee's temporary seniority shall be dated back to his or her original date of hire. 20.09 The seniority dates for temporary employees who are advanced to the status of permanent employees shall be established on the basis of each year of employment as a temporary employee equalling fifty (50%) percent of a calendar year, unless the employee can demonstrate continuous employment during six (6) months or more of a particular calendar year, in which case the employee will be credited with one (1) full year of seniority. The only exceptions to this shall be when establishing an employee's wage rate and vacation entitlement where seniority shall date back to the employee's original date of hire. 20.10 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three six (36) calendar months. If the employee is not successful in their her or his new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three six (36) month period. Any The employee who returns shall then return to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish Management shall endeavour to return after a three give first consideration to such promotions from within the bargaining unit (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement▇▇▇▇▇▇▇ ▇▇▇▇▇▇). 9.06 A full-time employee with 20.11 Temporary employees shall only be entitled to hold one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed seasonal/ relief job classification at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than any one (1) year of full-time seniority, time. Temporary employees who is reduced to part-time successfully bid into another seasonal/relief job classification shall relinquish the seasonal/relief job classification they previously held. Any seasonal/relief job classification that has been successfully bid into shall subsequently only be filled on an as needed basis by the Co-operativetemporary employee who has successfully bid into this classification. A seasonal/relief job classification shall not be reposted for bids until such time as the temporary employee who has already successfully bid into said classification has successfully bid into another seasonal/relief job classification or is no longer employed by the Company. For the purposes of this agreement, seasonal/relief work shall use be deemed to be a vacancy. 20.12 A term position shall be posted for bids on each occasion that it occurs. Employees who successfully bid into a term position shall revert to their previous classification at the length same time as the term position expires. A term position shall only be filled by the employee who has successfully bid into said position. For the purposes of their continuous service this Agreement, a term position shall be deemed to be a vacancy. 20.13 Employees acquiring seniority on the same date shall be added to the appropriate seniority list following a ballot draw of the names of the affected employees with the Co-operative within more senior person being the bargaining unit when determining where they one whose name is drawn first. The ballot draw shall be made in the presence of all persons who are to be placed on the part-time seniority listaffected. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 20.14 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee firstemployees, insofar as this is consistent with their availability and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements job. 20.15 The Company shall provide the Union in January and July of each calendar year, with an up-to-date seniority list of all permanent and all temporary employees covered under the terms of the job Collective Agreement. Copies of the seniority lists shall also be given to the Shop Stewards and providing a copy shall be posted on the employee is available and willing to work bulletin board located on the additional hoursCompany's premises. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Collective Agreement, Collective Bargaining Agreement

SENIORITY. 9.01 21.01 An employee will be considered on probation and will not be placed on a seniority list until after he/she has completed a total of fifty (50) working days worked. 21.02 Seniority for all lists based upon the date on which employees commenced to work in the Hotel shall be defined as established for each department and food and beverage outlet and will be supplied to the length of continuous service with the Co-operative within the bargaining unitUnion. 9.02 Seniority 21.03 An employee shall continue to accumulate during lose all paid seniority and unpaid authorized leaves of absence. 9.03 Seniority her/his employment shall be broken and all rights forfeited whendeemed to have been terminated if he/she: (a) an employee voluntarily leaves the employ of the Company; b) is dismissed by the Co-operative for just cause discharged and is not reinstated through the grievance and/or arbitration procedure contained in this provisions of the Agreement; (bc) an employee voluntarily leaves is laid off for a period of 26 weeks or more, after which they may be struck from, or be retained on, the service employer’s seniority list with the consent of the Co-operativeparties to this agreement which shall not be unreasonably withheld; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for return to work within ten (10) calendar days upon termination of being recalled after a layoff. When the Co-operative recalls an employee who has been laid offauthorized leave of absence, it shall notify such employee by registered letter, addressed unless prior arrangements acceptable to the employee's last known address; (e) Company have been made for an employee is absent from work without an approved extension thereof, or utilizes a leave of absence for more a purpose other than that for which the leave of absence has been granted, provided that such proof can be produced by the Company; e) fails to return to work, within five (5) calendar days after recalled from layoff by notice sent by registered mail, or fails to advise of her/his intention to return within five (5) calendar days following such notice, or give a legitimate reason for being unable to do so. Such notices are sufficient if sent to the last address of the employee made known to the Human Resources Department in writing; f) is absent without notifying the Company for three (3) consecutive working shifts days unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful subsequently able to provide a satisfactory explanation; 21.04 When an employee is transferred to another department or food and beverage outlet in their new positionthe Bargaining unit, he or she shall retain house seniority, however, unless the transfer is of a temporary nature for the probationary period, or if less, he or she must start accumulating seniority in that new department or food and beverage outlet. When the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date transfers are for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees probationary period and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available returned to the original department or food and willing beverage outlet within that period of time, the seniority for that employee will continue to work accumulate in the additional hoursoriginal department or food and beverage outlet during the Employee’s absence. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

SENIORITY. 9.01 14.01 Seniority for all employees shall be is defined as the length of continuous service with in the Co-operative within employment of the Board calculated from the date of last hire, as a Designated Early Childhood Educator. Seniority shall operate on a bargaining unitunit wide basis. In any layoff or recall the most senior employee will be given preference provided they have the skill, ability and qualifications to perform the available work competently. In determining skill, ability and qualifications, the Board shall be entitled to consider the special needs of the program. French Immersion programs will require a bilingual Designated Childhood Educator. 9.02 Seniority 14.02 The Employer shall continue maintain a seniority list, according to accumulate during all paid job classifications showing the date upon which each employee's unbroken service commenced. The employer will send a copy of the list to the president and unpaid authorized leaves of absencepost the list on Docushare. 9.03 Seniority 14.03 Provided no objection is filed within twenty (20) working days the list shall be broken deemed to be correct and shall not be subject to grievance or change without written mutual consent between the Employer and the Union. 14.04 An employee shall lose all rights forfeited whenseniority, be struck from the seniority list and his/her employment terminated if: (a) an employee he/she is dismissed by the Co-operative discharged for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreementreinstated; (b) an employee voluntarily leaves the service of the Co-operativehe/she resigns or quits; (c) more than twelve he/she is absent from work without permission for five (125) months have elapsed since last so employed, in the event of a layoffdays or more; (d) an a laid off employee fails to report for return to work under the recall provisions of Article 16, including the right to refuse recall contained therein, within ten two (102) calendar school days of being after having been advised by email. The employee is required to provide the Human Resources Office and the Local President with a current email address. Notwithstanding the above, and employee recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address;in July and August must respond in five days. (e) an employee he/she is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period laid off for a period of three twenty-four (324) calendar months. If . (f) An employee has not performed any work for the Board for twenty-four (24) consecutive months and the employee is has not successful in their new position, received WSIB benefits or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month paid sick leave during this period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority14.05 In compiling the seniority list, who is reduced to part-time by the Co-operative, all ties shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed broken based on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference following criteria in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteenorder:

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. 9.01 Seniority for all regular full-time employees shall be defined as the length of continuous service with the Co-operative within the bargaining unit. 9.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence. 9.03 Seniority shall be broken and all rights forfeited when: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreement; (b) an employee voluntarily leaves the service of the Co-operative; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be date on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A which such employees become regular full-time employee with one (1) or more years of full-time seniority, who is reduced employees. Promotions to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative higher classifications within the bargaining unit shall be usedmade in accord with seniority, provided that the employees consi- dered for promotion must possess the qualifications and ability necessary for the higher classification. Accumulated full-time seniority The EMPLOYER shall deter- mine the qualifications and ability of employees considered for pro- motion, provided such determination shall not be unreasonable and be subject to the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time grievance procedure. Any employee who has less than one (1) year of full-time seniority, who is reduced been promoted to part-time by the Co-operative, shall use the length of their continuous service a higher classification with the Co-operative bargaining unit and after a reasonable trial period does not meet the EMPLOYER's require- ments for the higher position shall be restored to his former posi- tion and shall retain his seniority. Any employee who has been promoted to a higher classification outside the bargaining unit and after a reasonable trial period not to exceed six months, does not meet the EMPLOYER's requirements for the new position, or the employee wishes to to his former position, he shall be restored to his former position and shall retain his senio- rity therein. The foregoing shall be applied only once to any indi- vidual employee during the term of this agreement. Demotions or layoffs within the bargaining unit when determining where they are shall be made in accord with seniority; provided, the employees considered for such change in status possess the ability and qualifications neces- sary to perform the work of the EMPLOYER. The EMPLOYER shall the ability and qualifications of employees considered for such changes in status, provided such determination shall not be placed on unreason- able, and shall be subject to the grievance procedure. Whenever the guaranteed number of hours of work per week shall be regularly available to a single part-time seniority list. 9.08 The Co-operative agrees employee, in excess of the regularly scheduled work then guaranteed to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst regular full-time employees and it exclusive of relief work performed for employees who are absent or on vacation, emergency and special Sunday, holiday and night work, then another employee will be added to the list of regular full-time employees. In the event the work requirements of the EMPLOYER shall be reduced due to loss of business or curtailment of the EMPLOYER's operation, to the point that the guaranteed number of hours of work per week shall not be regularly available to all of the regular full-time employees, the EMPLOYER shall have the right to reduce junior regular full-time employees to part-time status. Regular full-time employees who may be demoted to the status of time employees, shall hold top seniority among the part-time employees, shall have first call to assignments with greater earning opportunities and shall be first in line for promotion to regular full-time status. An employee shall lose seniority in any of the following events: a) He is agreed discharged; He quits; He fails to report to work after a layoff, within three days after being notified by registered mail; He fails to report to work at the expiration of a leave, of absence except in case of a bona fide emergency; He is absent from work for three days without immediately notifying the EMPLOYER; He is promoted and remains outside of the bargaining unit six months or longer; employee who is ill or injured and unable to work shall be terminated unless acceptable medical evidence confirms that all fullthe employee will return to normal duties in the reasonable future. Part-time employees shall have no seniority over partunder this agreement except as provided in article Three separate seniority lists will be maintained by the EMPLOYER: a) Regular full-time employeestruck personnel. PartVault personnel (assistant-cashiers). Regular room clerks. Notwithstanding the provisions of article 5 of this agreement, in the event a regular full-time vacancy occurs on the truck senio- rity list, regular full-time employees who become on the vault list shall be permitted to bid on such openings subject to seniority, ability and qualifications. In the event a regular full-time employee on the vault seniority list transfers as provided in above, such employee shall begin accumulating their be granted seniority based on the date of transfer. Such seniority date shall apply for all purposes except length of vacation and pension entitlement when overall seniority shall apply. In the event a full-time vacancy occurs on the vault seniority at that time. 9.10 Preference list, the EMPLOYER reserves the right to determine who shall file such opening regardless of seniority and regardless of the pro- visions of article 5 of the agreement. The EMPLOYER shall post a vault schedule weekly showing work assign- ments in weekly available hours of work within a department for part-time employees the vault. The association representative shall be given the last man to be laid off, provided the most senior part-time employee firstpossesses the qualifications. When there are more than one association representative, and thereafter in decreasing their overall seniority shall determine the order of seniority, providing lay off amongst association representa- tives. A notice of all vacancies occurring in any classification hereby covered shall be placed on the affected employee has bulletin board on the ability EMPLOYER's premises at least five working days prior to do the normal requirements filling of the job and providing the employee is available and willing to work the additional hourssuch vacancy. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. 9.01 Seniority for all employees shall be defined SECTION 20.1 The term seniority shall, depending on the circumstances and as the specified herein, mean length of continuous service in a particular building regardless of Employer (“building seniority”), length of continuous service with any Employer (“Employer seniority”), or length of continuous service in his/her current classification in the Co-operative within building (“classification seniority”). An employee’s seniority rights shall not be adversely affected by a change of ownership or management of the bargaining unitbuilding or successor contractors so long as the said employee remains in the employ of the new owners, managers, or successor contractor. Employees who are incumbent in a building when such a change occurs shall not be considered to be probationary employees pursuant to Section 1.7 or Section 21.1. 9.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence. 9.03 SECTION 20.2 Seniority shall be broken and all rights forfeited whenlost by an employee for any of the following reasons: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this AgreementQuit; (b) an employee voluntarily leaves the service of the Co-operativeDischarge for just cause; (c) more than twelve Layoff for one (121) months have elapsed since last so employed, in the event of a layoffyear or more; (d) Failure to return to work within five (5) working days after notice of recall sent by certified mail, return receipt requested, to the employee’s last address on record with the Employer; (e) Failure to report to work after three (3) working days’ absence without notifying the Employer during the interim of acceptable reasons for the absence; provided the employee is physically able to notify the Employer. If the reason for such absence is illness or disability, a medical certification must be provided to the Employer. (f) Continuous illness or disability for a period of time in excess of one (1) year; and in excess of two (2) years for all work related injuries or illnesses. For purposes of this section and an employee’s renewed eligibility for disability benefits from the Welfare Plan after having received benefits for the maximum period permitted, an employee fails will not be deemed to report for have returned to work within ten from an illness or disability unless the employee actually works at least twenty (1020) days during the first thirty-five (35) calendar days after resuming work, during which period the employee will not be permitted to utilize vacation or personal days. Upon the return of being recalled after a layoff. When the Co-operative recalls an employee who has been laid offill for a protracted period within the one year period, it and prior to returning to actual work, the Employer shall notify such have the right to require a medical examination of the employee by registered letterto determine whether or not the employee may safely and healthfully return to work. In the event that a dispute arises between the employee’s doctor and the Employer’s doctor, addressed then the matter shall be submitted to the employee's last known address; (e) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employeeGrievance and Arbitration Procedure provided in Article 24. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for For a period of three six (36) calendar months. If the employee is not successful months following a break in their new positionservice, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteenthis

Appears in 1 contract

Sources: Contractors Agreement

SENIORITY. 9.01 Seniority for all employees shall be defined as the length of continuous service with the Co-operative within the bargaining unit. 9.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence. 9.03 Seniority shall be broken and all rights forfeited when: (a) an employee is dismissed Upon completion of forty-five (45) days worked or four (4) calendar months whichever comes first, employees covered by this Appendix shall be deemed to have served their probationary period and then shall be placed on the Coseniority list of part-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreement;time employees with their seniority commencing on their first day worked. (b) an employee voluntarily leaves The seniority list for part-time employees shall be posted in the service store and shall be updated at the end of the Co-operative;March and September of each calendar year. (c) more than twelve Part-time employees are expected to attend work in accordance with their schedule of hours. When unable to attend, the employee must notify the Owner/Manager or their designate, at least two (122) months have elapsed since last hours prior to the commencement of the scheduled shift of the employee whenever possible, giving the reason why he is unable to attend. 2.02 Seniority for a part-time employee shall be based on his length of service. 2.03 The Employer agrees to schedule part-time employees in accordance with their seniority so employedas to give employees with the most seniority the greatest number of hours of work, to a maximum of twenty-four (24) hours, provided employees are available and possess the ability and qualifications to do the job. 2.04 The schedule of hours for the following week will be posted by Thursday noon and shall be written in ink. A copy of the weekly schedule with any changes when requested will be made available to the shop ▇▇▇▇▇▇▇. 2.05 It is agreed and recognized by both the Union and the Employer that due to the nature of the Employer’s business, it is 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 event of a layofffollowing circumstances: (i) when full-time or part-time employees are absent; (dii) to cover off for vacations; (iii) from December 1st to January 1st; (iv) during promotional periods where an increase in business is anticipated; (v) May 15th to September 30th; (vi) for training purposes; (vii) emergency situations (i.e. power failure, snowstorm, refrigeration breakdown or acts beyond the control of the Owner); (viii) when a full-time employee fails is absent on union duties. 2.06 When a part-time employee is scheduled to report work on any day, he shall be given four (4) hours at his normal rate of pay or four (4) hours pay at normal rates if work is not available, provided however, there is four (4) hours from the time the employee reports to work until the time the store is closed. 2.07 When a part-time employee is called in to work on any day, he shall be given four (4) hours’ work at his normal rate of pay or four (4) hours’ pay at normal rates if work is not available. 2.08 A part-time employee who is laid off shall be entitled to one week’s notice for work within each full year of completed service to a maximum of five (5) weeks notice, or pay in lieu; employees with more than ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, service shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working receive ten (10) weeks notice or pay in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service lieu; employees with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of completed service shall receive one (1) weeks notice. 2.09 A part-time employee who becomes a full-time seniority, who is reduced to part-time by the Co-operative, employee shall use the length be credited with fifty percent (50%) of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the his part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a maximum of twelve (12) months. He will receive the greater of his part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their rate or the rate which his full-time seniority at credit gives him, and he shall proceed from that time. 9.10 Preference point in weekly available hours of work within a department for partthe full-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hourswage progression. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. 9.01 14.01 Seniority for all employees shall be is defined as the length of continuous service with the Co-operative within in the bargaining unit. 9.02 Seniority , and shall continue include service with the Region prior to accumulate during all paid and unpaid authorized leaves the certification or recognition of absence. 9.03 the Union as more particularly defined in Article 1.08 (Definitions). Seniority shall be broken considered in determining the preference or priority for promotion, layoff and recall only in the manner and to the extent provided in the provisions of this agreement concerning such matters. The Region shall maintain separate seniority lists for each of the full-time employees, part-time employees, and temporary employees as well as a combined list reflecting bargaining unit wide seniority for all rights forfeited whenemployees. The seniority lists shall be posted in June showing the main job classification and seniority date of each employee. Seniority of part-time and temporary employees shall be expressed in hours. Copies of the seniority lists shall be sent to the National Representative of the Union. 14.02 Notwithstanding any other provision of this Agreement, a probationary employee may be terminated for reasons less serious than a seniority employee, including performance deemed inadequate by management. 14.03 Employees who are subsequently laid-off shall be considered for recall to any vacancy whether full-time, part-time or temporary in the regular job classification they held prior to their lay-off before consideration is given to any outside applicant provided the vacancy occurs within twenty-four (24) months of their lay-off. 14.04 An employee shall lose her/his seniority and he/she shall be deemed terminated if: (a) an employee he/she leaves the employ of the Regional Corporation of her/his own accord or he/she retires. b) he/she is dismissed by the Co-operative for just cause discharged, and such discharge is not reinstated reversed through the grievance and/or or arbitration procedure contained in this Agreement;procedure. (b) an employee voluntarily leaves the service of the Co-operative; (c) more than twelve (12) months have elapsed since last so employed, he/she is laid off continuously in the event excess of a layoff;twenty-four continuous months. (d) an employee he/she is laid off and fails to report for return to work within ten (10) calendar five days after being sent a registered letter of being recalled after a layoff. When notification to return to work by the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed Regional Corporation to her/his last address on record with the employee's last known address;Regional Corporation. (e) an employee he/she is absent from work for two days without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by acceptable to the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reasonRegional Corporation. 9.04 In matters of demotion and reduction f) he/she is absent due to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period sickness or injury for a period in excess of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basisyears. 9.09 Part-time employees will have 14.05 An employee shall maintain and continue to accumulate seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteenif:

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. 9.01 21.01 Seniority for all employees shall be defined as the length of continuous service with the Co-operative Company within the bargaining unitunit since the employee’s most recent date of hire. 9.02 21.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence, during all layoffs, and during all periods of sickness and/or injury. 9.03 Seniority 21.03 An employee shall cease to have seniority rights and his or her employment status with the Company shall be broken and terminated for all rights forfeited whenpurposes if the employee: (a) an employee is dismissed duly discharged by the Co-operative for just cause Company and is not reinstated through the grievance and/or and arbitration procedure contained in this the Agreement; (b) an employee voluntarily leaves the service of the Co-operativequits or resigns; (c) more than twelve has been laid off continuously for the lesser of fifty-two (1252) months have elapsed weeks or a period of time equal to the employee’s length of continuous service with the Company since last so employedhis or her most recent date of hire, in the event of or is called back to work after a layoff; (d) an employee fails layoff and does not return to report for work within ten fourteen (1014) calendar days of being recalled after receiving a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed letter sent to the employee's his or her last known address; (ed) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts days unless a satisfactory reason is given by the employee. Sickness and/or inability ; (e) fails to communicate with return to work on the Co-operative completion of an authorized leave of absence unless a satisfactory reason is given by the employee. 21.04 Seniority shall be considered a satisfactory reason. 9.04 In the governing factor in all matters of demotion and reduction to partpromotion, awarding of a new full-timetime position or vacancy, and when assigning an employee to relieve relieving another employee in a higher paid paying classification, meritchoice of shift within the employee’s classification, and recall after layoff, providing the more senior employee has the ability and fitness, as determined by the Co-operative, qualifications to be able to perform the work satisfactorily normal functions of the job. Reverse order of seniority shall be the governing factor. Where meritfactor in all matters of demotion and layoff, providing the more senior employee has the ability and fitness are comparable and sufficient, qualifications to be able to perform the senior person shall be selected except for demotions and reduction to part-time, where reverse order normal functions of seniority shall applythe job. 9.05 Any employee promoted to (a) Employees from within the bargaining unit who accept a position with the Company which places them outside of the bargaining unit shall be on a trial period continue to accumulate seniority for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides Said employees shall be entitled to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within and their former job at any time during the three (3) month period shall do if they so without loss of seniority and benefitschoose. Employees who wish to return after a remain outside of the bargaining unit beyond the three (3) month period will maintain their original time limit shall keep the seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced they had immediately prior to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within leaving the bargaining unit shall be used. Accumulated full-time seniority shall be in the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced event they eventually return to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where but shall not in such cases accumulate any seniority for the time period that they are to be placed on were outside of the part-time seniority listbargaining unit beyond the three (3) month limitation. 9.08 The Co-operative agrees to give two (2b) weeks' notice prior to changing an An employee's status from full-time first thirty (30) calendar days in a vacancy and/or new position will be considered a trial period. During this first thirty (30) calendar days the Employer may move an employee back to a part-time basistheir previous position. An employee will, upon request, be allowed to return to their previous position within the thirty (30) calendar day period. 9.09 Part-time employees will have seniority only over other part-time employees. 21.06 Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over all part- time employees. Part-time employees shall have seniority only over other part-time employees. Part-time employees who become full-time shall begin accumulating their full-full- time seniority at that time. 9.10 Preference 21.07 Full-time employees with one (1) or more years of full-time seniority who are reduced to part-time by the Company shall be placed at the top of the part-time seniority list. Full-time employees with less than one (1) year of service and who have no continuous part-time service with the Company shall retain their full-time seniority date in weekly available hours of work within a department for the event they are reduced to part-time. 21.08 No full-time employee shall be laid off and/or reduced to part-time status by the Company unless all part-time employees have been laid off first. 21.09 The Company shall give two (2) weeks' notice in writing or two (2) weeks' pay in lieu thereof, to any employee whose status is to be changed by the Company from full-time to part-time. 21.10 Daily available part-time hours of work shall be given scheduled to the most senior part-time employee first, first and thereafter in decreasing order of seniority, providing the affected employee has the ability and qualifications to do be able to perform the normal requirements functions of the job and providing the employee is available and willing to work the additional hours. No part- time employee shall be scheduled to work more than five (5) days per calendar week unless he or she voluntarily agrees otherwise. 9.11 When 21.11 The Company shall provide the Union in January and July of each calendar year with an up-to-date seniority list of all employees covered under the terms of the Collective Agreement. Copies of the seniority list shall also be given to the Shop Stewards and a part-time employee works copy shall be posted on the basic work week for thirteenbulletin board located on the Company's premises.

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. 9.01 22.01 Seniority for all employees shall be defined as the length of continuous service with the Co-operative Employer within the bargaining unitunit since their most recent date of hire. 9.02 22.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence, during all lay-offs, and during all periods of sickness and/or injury. 9.03 Seniority 22.03 An employee shall cease to have seniority rights and their employment status with the Employer shall be broken and terminated for all rights forfeited whenpurposes if the employee: (a) an employee is dismissed duly discharged by the Co-operative for just cause Employer and is not reinstated through the grievance and/or and arbitration procedure contained in this the Collective Agreement; (b) an employee voluntarily leaves the service of the Co-operativequits or resigns; (c) more than twelve has been laid off continuously for a period of fifty-two (1252) months have elapsed since last so employed, in the event of weeks or is called back to work after a layoff; (d) an employee fails lay-off and does not return to report for work within ten seven (107) calendar days (or such longer period as may be required to provide another employer with proper notice) of being recalled after receiving a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed letter sent to the employee's their last known address; (ed) an employee is absent from work without an approved authorized leave of absence for of more than three (3) consecutive working days unless s/he can satisfy the Employer s/he had a reasonable excuse for being absent; or (e) fails to return to work on the completion of an authorized leave of absence, vacation or suspension unless s/he can satisfy the Employer that s/he had a reasonable excuse for not returning to work. (f) is away for a period of thirty (30) months or more for whatever reason including injury. 22.04 Seniority shall be the governing factor in all matters of promotion, awarding of a new full-time position or vacancy or choice of shifts unless (except as otherwise provided for in Article 7.01), providing the more senior employee: (a) has the qualifications, skill and ability to be able to perform the normal functions of the job for all positions other than Pultrusion Operator and Material Handler; and (b) with respect to Pultrusion Operator and Material Handler, has the qualifications, skill and ability to be able to perform the normal functions of the job and a satisfactory reason is given by the employeeattendance record. Sickness and/or inability to communicate with the Co-operative Seniority shall be considered a satisfactory reason. 9.04 In the governing factor in all matters of demotion relieving another employee in a higher paying classification, recall after lay-off, providing the more senior employee has the qualifications, skill and ability to be able to perform the normal functions of the job. Reverse order of seniority shall apply and be the governing factor in all matters of demotion, lay-off, and reduction to part-time, providing the more senior employee has the qualifications, skill and when assigning an employee ability to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, be able to perform the normal functions of the job. At the Employer’s discretion, probationary employees may be eligible for lay-off and/or recall from lay-off based on their seniority by their most recent date of hire and will have their probationary period adjusted for any such periods of lay- off. It is recognized that all employees working in the Finishing department must be able to repeatedly and correctly read a tape measure in order to do their work satisfactorily shall at all times. Employees that are hired to work or who are transferred into the finishing department from another area or classification will be required to be tested and regularly tested thereafter and pass a tape measure skills test that demonstrates their ability to correctly read a tape measure. A minimum pass mark of 95% is required. No advance notice that the governing factortest will be given is required of the Employer. Where meritThe content of the test and the marking of it and all other matters relating to the testing and skills assessment are at the sole discretion of the Employer. This may include a decision by the Employer to retest the employee, ability and fitness are comparable and sufficientprovide training for the employee, or re-assign the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall applyemployee. 9.05 Any employee promoted to 22.05 Employees from within the bargaining unit who accept a position with the Employer which places them outside of the bargaining unit shall be on a trial period continue to accumulate seniority for a period of three ninety (390) calendar monthsdays. If Except for the employee is not successful in purpose of short-term relief for vacation or absenteeism, employees shall be offered the opportunity to leave the bargaining unit and maintain their new position, or if the employee decides seniority for ninety (90) days a maximum of one (1) time per contract year. Said employees shall be entitled to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within and their former job at any time during the three ninety (390) month calendar day period shall do if they so without loss of seniority and benefitschoose. Employees who wish remain outside of the bargaining unit beyond the ninety (90) calendar day time limit shall have their seniority broken and may only return to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and bargaining unit if rehired, in which case they will be provided a new placed at the bottom of the seniority date for all other purposes under this collective agreementlist. 9.06 A full22.06 Full-time employee employees with one (1) or more years of full-time seniority, seniority who is are reduced to part-time by the Co-operative, Employer shall be placed at the top of the part-time seniority list for the purpose of receiving partlist. Full-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service employees with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of service and who have no continuous part-time service with the Employer shall retain their full-time seniority, seniority date in the event they are reduced to part-time. Part-time employees who is become full- time for a period of less than one (1) year and who are then reduced to part-time by the CoEmployer shall retain their original part-operative, shall use the length of their continuous service with the Cotime seniority date. Part-operative within the bargaining unit when determining where they are time employees proceeding to full-time will be placed on at the partbottom of the full-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from 22.07 No full-time employee shall be laid off and/or reduced to a part-time basis. 9.09 Partstatus by the Employer unless all part-time employees will have seniority only over other been laid off first, except where such full-time employee does not possess the qualifications, skill and ability or is unwilling to perform the work required. 22.08 No new employees shall be hired by the Employer so long as there are part-time employees. employees who have the qualifications, skill and ability and are willing to perform the work required, or so long as there are employees who are on lay-off status who have the qualifications, skill and ability and are willing to perform the work required. 22.09 Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-part- time employees. Part-time employees who become shall have seniority only over other part-time employees. 22.10 The Employer shall give two (2) weeks’ notice in writing or two (2) weeks’ pay in lieu thereof, to any person whose status is to be changed by the Employer from full-time shall begin accumulating their fullto part-time seniority at that time. 9.10 Preference in weekly 22.11 Daily available part-time hours of work within a department for part-time employees shall be given scheduled to the most senior part-time employee first, first and thereafter in decreasing order of seniority, providing the affected employee has the qualifications, skill and ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part22.12 Part-time employees shall not be employed or scheduled to the extent that it results in the displacement or prevents the hiring of full-time employees. 22.13 In January and July of every calendar year, the Employer shall post the full seniority list showing the seniority of each employee. The Union shall be emailed a separate seniority list in Excel format that contains the following information: start date, seniority date, classification, department (if applicable), rate of pay, FT/PT status, employee works number, mailing address, email address, telephone number and S.I.N. of all bargaining unit employees including those on leave (including the basic work week for thirteentype of leave). The list will also include all employees who have terminated their employment or retired. Should any portion of this transfer of information by the Employer be reasonably believed by either parties legal counsel to be in violation of any applicable Federal or Provincial Laws, the parties will meet to discuss and amend this article, where necessary so it is consistent with the requirement of those laws. Employees must provide up to date information to the Employer and advise the Employer of any changes. 22.14 When employees are hired on the same day, their names will be placed in a hat and drawn at random. The employee whose name is drawn first will have their name appear first on the seniority list. In the event of more than two (2) employees hired on the same day, the above process will apply, with the name being drawn in the order they will appear on the seniority list.

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. 9.01 22.01 Seniority for all employees shall be defined as the length of continuous service with the Co-operative Employer within the bargaining unit, including any service as an agency contract worker with the Employer prior to being hired by the Employer. If employees begin work or are hired on the same date, seniority ranking shall be determined using their birth date, defined for these purposes as the month and day. 9.02 22.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence, and during all layoffs. 9.03 Seniority 22.03 An employee shall cease to have seniority rights and their employment status with the Employer shall be broken and terminated for all rights forfeited whenpurposes if the employee: (a) an employee is dismissed duly discharged by the Co-operative for just cause Employer and is not reinstated through the grievance and/or and arbitration procedure contained in this the Agreement; (b) an employee voluntarily leaves the service of the Co-operativequits or resigns; (c) more than twelve has been laid off continuously for a period of fifty-two (1252) months have elapsed since last so employed, in the event of weeks or is called back to work after a layoff; (d) an employee fails layoff and does not return to report for work within ten fourteen (1014) calendar days of being recalled after receiving a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed letter sent to the employee's his or her last known address; (ed) an employee is absent from work without an approved leave of absence for more than three five (35) consecutive working shifts days unless a satisfactory reason is given by the employee. Sickness and/or proven inability to communicate with the Co-operative Employer shall be considered a satisfactory reason; (e) fails to return to work on the completion of an authorized leave of absence unless a satisfactory reason is given by the employee. 9.04 In 22.04 If two (2) or more employees are relatively equal in skill and ability, then seniority shall be the governing factor in all matters of demotion promotion, awarding of a new full- time position or vacancy, relieving another employee in a higher paying classification, providing the more senior employee has the skill and ability to be able to perform the normal functions of the job and is available and willing to do the work required. Within a classification, seniority shall be the governing factor in choice of full-time weekly shifts, provided the more senior employee is not subject to a formal performance improvement plan. In the event that the choice of shift provision results in a customer service issue with respect to any particular shift, the Employer and the Union will meet to address possible adjustment of assignments to address that issue. Reverse order of seniority shall be the governing factor in all matters of demotion, layoff, and reduction to part-time, providing the more senior employee has the skill and when assigning an employee ability to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, be able to perform the normal functions of the job and is available and willing to do the work satisfactorily required. Seniority shall be the governing factor. Where meritfactor in connection with recall after layoff, providing the more senior employee has the skill and ability to be able to perform the normal functions of the job and fitness are comparable is available and sufficient, willing to do the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall applywork required. 9.05 Any employee promoted to 22.05 Employees from within the bargaining unit who accept a position with the Employer which places them outside of the bargaining unit shall be on a trial period continue to accumulate seniority for a period of three six (36) calendar months. If the employee is not successful in their new position, or if the employee decides Said employees shall be entitled to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within and their former job at any time during the three six (36) month period shall do if they so without loss of seniority and benefitschoose. Employees who wish to return after a three remain outside of the bargaining unit beyond the six (36) month period will maintain their original time limit shall keep the seniority date as their service date they had immediately prior to leaving the bargaining unit in the event they eventually return to the bargaining unit but shall not in such cases accumulate any seniority for the purpose time period that they were outside of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreementthe bargaining unit beyond the six (6) month limitation. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to 22.06 No new employees shall be hired by the Employer so long as there are qualified part-time by employees who are able and willing to perform the Co-operativework required, shall be placed at or so long as there are employees who are on layoff status who are able and willing to perform the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same timerequired. 9.07 A full-time employee who has less than one 22.07 The Employer shall give four (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (24) weeks' notice prior in writing or four (4) weeks' pay in lieu thereof, to changing an employee's any employee whose status is to be changed by the Employer from full-time to a part-time basistime. 9.09 22.08 Part-time employees will have seniority only over other partshall not be employed or scheduled to the extent that it results in the displacement of full-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. 9.01 A. Upon completion of the probationary period of one (1) year, a permanent full-time employee shall have seniority as of his/her date of hire. A new hire probationary employee found to be unsatisfactory by the Employer shall not have access to the grievance procedure. B. An employee shall lose his/her seniority standing upon voluntary resignation or disciplinary separation from the City service which is not reversed by the impartial arbitrator or a court of competent jurisdiction provided that if such disciplinary separation is reversed by the impartial arbitrator or court of competent jurisdiction, such employee's seniority shall be maintained from the original date of hire. In case of rehiring a former employee, previous service shall not be recognized effective June 1, 1980. C. Seniority for lists will be furnished by the City to the Union and posted in each Department on July 1 of each year during which this Agreement is in effect. The seniority lists shall show the names, job titles and the seniority date of all employees shall be defined as of the length of continuous service with the Co-operative within the bargaining unitUnion entitled to seniority. 9.02 Seniority D. Employees shall continue to accumulate during all paid and unpaid authorized leaves seniority while laid off. However, seniority accrued by a member of absence. 9.03 Seniority the bargaining unit while on layoff shall be broken and all rights forfeited when: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained apply to recall provisions as cited in this Agreement;. (b) an E. The Selective Service Act as presently existing or as amended from time to time shall govern re-employment rights of veterans. Section 2 An employee voluntarily leaves shall lose his/her seniority for the service following reasons: A. He/she resigns or terminates his/her City employment. B. He/she is discharged and the discharge is not reversed by the impartial arbitrator or a court of the Co-operative;competent jurisdiction. (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee C. He/she is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by days without notifying the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reasonEmployer. 9.04 In matters of demotion and reduction D. He/she does not return to partwork within two (2) weeks when recalled from lay-time, and when assigning an employee to relieve another employee off as set forth in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall applyrecall procedure. 9.05 Any employee promoted E. Failure to a position outside return from sick leave or leave of absence will be treated the bargaining unit shall be on a trial period same as C above. F. He/she has been laid off for a period of three twenty-four (324) calendar months. If the employee is not successful in their new position, consecutive months or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's his/her length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department City, up to sixty (60) months, whichever is being employed on a part-time basis at the same timegreater. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. 9.01 Seniority for all 7.1 Upon completion of 90 consecutive working days; or 90 cumulative working days within a twelve (12) month period the employee's surname will be placed upon the seniority list in order of first date of hire during the period in which seniority was attained. Where two or more employees attaining seniority were hired on the same day, their seniority shall be defined as governed alphabetically according to the length of continuous service with the Co-operative within the bargaining unitoriginal surname under which they were hired. 9.02 Seniority 7.2 For the purpose of this Article, "regular employee" shall continue refer solely to accumulate during all paid and unpaid authorized leaves of absence. 9.03 Seniority shall be broken and all rights forfeited whenthose employees in the Bargaining Unit whose employment: (a) an employee is dismissed by the Coconsidered or expected to be on a 52 weeks-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreement;a-year basis; or (b) is such that an employee voluntarily leaves completes 39 weeks, which must amount to 195 full days' service with the Company in a 12 month period. 7.3 The seniority of any employee shall be considered broken, all rights forfeited, and there shall be no obligation to rehire, when he/she: (a) Voluntarily terminates his/her employment with the Company. (An employee who is absent for five (5) consecutive working days without legitimate reason, or without first receiving permission from the Company, may be considered to have left the Company's service of his/her own accord). (b) Is discharged, and the Co-operative;discharge is not reversed through the Grievance Procedure. (c) more than twelve Fails to return to work when recalled or cannot be located after reasonable effort on the part of the Company. The present method of contact by telephone, or, if unable to contact by telephone, notice (12a copy of which shall be given to the Plant Chairperson), mailed to the last known address of the employee, shall constitute a reasonable effort on the part of the Company. If within five (5) months have elapsed since working days of notice having been mailed to him/her by certified post to his/her last so employedknown address shown on the Personnel Office records, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed duty or to the employee's last known address; (e) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate make arrangements with the Co-operative Company to report within seven (7) working days, the Company shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction entitled to part-time, and when assigning an assume that the said employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides has voluntarily forfeited his/her right to return to their former job within the bargaining unitCompany's employ. In urgent cases, same will be allowed within however, where it is necessary to secure workers, the three (3) month period. Any Company, if unable to contact the seniority eligible employee who returns to by telephone, after reasonable effort, may recall the bargaining unit within next seniority employee and so on down the three (3) month period shall do so without loss of seniority and benefitslist until the vacancy is filled. Employees who wish recalled under such circumstances shall retain the positions to return after a three (3) month period will maintain their original seniority date as their service date for which they are appointed until the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time senior eligible employee is available. Provided the employee with one (1) or more years of full-time seniority, who is reduced whom the Company was unable to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working communicate in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should to whom a full-time job within said department become available at notice has been mailed to his/her last known address (a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees copy shall be given to the most senior part-time employee firstPlant Chairperson), and thereafter in decreasing order of seniority, providing advises the affected employee has the ability to do the normal requirements Company within five (5) working days of the job and providing mailing of such notice of his desire to return to the employee is available and willing to work the additional hoursCompany's employ, he/she shall retain his/her seniority. 9.11 When a part(d) Has not been called back for work within twenty-time employee works the basic work week four (24) months of his/her last lay-off. Thirty-six (36) months for thirteenthose employees with service of more than five

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. 9.01 Seniority for all employees 28.01 For the purpose of this Article, an employee shall be mean a person employed by the Workplace Health, Safety and Compensation Commission of the Province of Newfoundland and Labrador. (a) Subject to Clause 28.03, seniority is defined as the length of continuous service (excluding overtime) with the Co-operative within Employer in a bargaining position. (b) An employee temporarily assigned outside the bargaining unit will continue to accrue seniority. (c) An employee applying for and receiving a temporary position outside the bargaining unit will not accrue seniority for the term of the temporary position but will retain their accumulated seniority upon return to their permanent position in the bargaining unit. 9.02 Seniority 28.03 The following conditions shall continue to accumulate during all paid and unpaid authorized leaves result in loss of absence. 9.03 Seniority shall be broken and all rights forfeited whenseniority for an employee: (a) an employee is dismissed by the Cothey resign or retire and are not re-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreementemployed within thirty (30) calendar days; (b) an employee voluntarily leaves the service of the Co-operativethey are dismissed and are not reinstated; (c) more than twelve they have been laid off in excess of twenty-four (1224) months have elapsed since last so employed, in the event of a layoffconsecutive months; (d) an employee fails when recalled from lay off, they fail to report for work within ten fourteen (1014) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee notice to do so unless sufficient reason given by registered letter, addressed to the employee's last known address; (e) an employee is they are absent from work without an approved leave of absence for more than three five (35) consecutive working shifts unless days without notifying their permanent head giving a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reasonfor such absence. 9.04 28.04 An employee may not accrue seniority when on suspension. (a) In matters of demotion making promotions, qualifications and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily abilities shall be the governing factorfactors. Where meritthese factors are relatively equal between applicants, ability and fitness are comparable and sufficient, the senior person seniority shall prevail. (b) The successful applicant shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be placed on a trial period for a period of three two (32) calendar months. If Conditional on satisfactory service, the employee is not Employer shall confirm the employee's appointment after the period of two (2) months. In the event that the successful applicant proves unsatisfactory in their new positionthe position during the trial period, or if the employee decides is unable to return perform the duties of the new job classification, or the employee no longer wishes to remain in the position they shall be returned to their former job within the bargaining unitposition, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so wage or salary rate without loss of seniority seniority. Any other employee promoted or transferred because of the re-arrangement of positions shall also be returned to their former position, wage or salary rate without loss of seniority. The parties may mutually agree, in writing, to extend the trial period. Where the Employer and benefits. Employees who wish the Union agree, the employee may revert to return after a three (3) month period will maintain their original seniority date as their service date for former position prior to completion of the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreementtrial period. 9.06 A full-time 28.06 Where an employee with one (1) or more years of full-time seniority, who is reduced to part-time required by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working Employer to relocate from one geographic location to another which does not constitute a change in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basisclassification, seniority shall prevail. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees 28.07 With respect to layoffs and it is agreed that all full-time employees recalls, Shop Stewards shall have super-seniority over part-time employees. Part-time employees who become full-time shall begin accumulating in the classification affected, for the term of their full-time seniority at that timeoffice as Shop ▇▇▇▇▇▇▇ in their respective Local. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. 9.01 Seniority for all employees shall be defined as the worker’s length of continuous service with the Co-operative Employer in the bargaining unit commencing with the date and hour on which the worker first began work in a bargaining unit position. Seniority shall not accrue to probationary employees during the probationary period. However, at the successful completion of the probationary period, the worker’s seniority shall be retroactive to their first day of work in the bargaining unit position, and shall accrue during his/her continuous employment with the Employer within the bargaining unit. 9.02 unit covered by this Agreement. Seniority shall continue to accumulate accrue and not be lost during all paid and a worker’s vacation. A worker shall not accrue seniority while on layoff or on an unpaid authorized leaves leave of absence. 9.03 Seniority . A worker shall lose accumulated seniority and seniority shall be broken and all rights forfeited when: for any of the following reasons: • Voluntary quit. • Discharge. • Failure to report to work after a layoff, within three (a3) an employee is dismissed days after receipt of written notice of recall sent by the Co-operative for just cause and is not reinstated through Employer to the grievance and/or arbitration procedure contained in this Agreement; (b) an employee voluntarily leaves worker at his/her last address of record on file with the service of the Co-operative; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for work within Employer or ten (10) calendar days after written notice of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed recall is sent to the employee's address that was last known address; provided by the worker. • Layoff which either extends (ea) an employee in excess of twenty-four (24) consecutive months, or (b) for the period of the worker’s length of service, whichever is absent less. • Absence from work without an approved notifying the Employer. • Unauthorized failure to report to work at the expiration of a leave of absence pursuant to this Agreement. • Taking employment elsewhere during the period of a contractual leave of absence without the express consent of the Employer. A worker whose seniority is lost for more than three (3) consecutive working shifts unless a satisfactory reason is given by any of the employee. Sickness and/or inability to communicate with the Co-operative reasons outlined above shall be considered as a satisfactory reason. 9.04 In matters new employee if the Employer again employs him or her. The failure of demotion and reduction the Employer to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by rehire said worker after the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order loss of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall not be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns subject to the bargaining unit within the three (3) month period shall do so without loss grievance and arbitration provisions of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreementAgreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. 9.01 (a) Seniority and service (service for all the purposes of progression on the vacation and wage grids) shall accumulate on the basis of hours worked since the last date of hire, with 1800 hours worked being equivalent to one year of seniority or service. It is understood that this amendment to the seniority and service formula will have no retroactive impact or cost. For full-time employees who are hired on the same date and who continue to work the same number of hours, their ranking on the seniority list will be done by lottery conducted on the first day of work. (b) A seniority list shall be defined as posted every six months with a copy sent to the length Union and shall contain the employee’s name, start date and total number of continuous service with the Co-operative within the bargaining unitaccumulated hours worked. 9.02 Seniority 13.02 An employee shall continue to accumulate during lose all paid seniority and unpaid authorized leaves of absence. 9.03 Seniority shall be broken deemed to have ceased employment and all rights forfeited when:been terminated without further notice for any of the following reasons. (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreementresignation; (b) an employee voluntarily leaves the service of the Co-operativeretires or is retired; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoffdischarged for just cause and not reinstated; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If working days without notifying the employee Employer, unless a reasonable explanation is not successful in their new position, or if provided to the employee decides Employer; (e) fails to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction seven (7) calendar days following a recall from lay-off after being notified by registered mail to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later datedo so. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority It shall be the governing factor in determining employee’s responsibility to notify the Employer of their current address; (f) has been laid-off for a full-time period of eighteen (18) months; (g) leaving the Employer’s premises during regular working hours without the permission of the employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis ’s immediate Supervisor; (h) failure to report for work as scheduled at the same timeend of a leave of absence, vacation, or suspension, unless a reason satisfactory to the employer is given by the employee; (i) engages in gainful employment without authorization while on an approved leave of absence; (j) has been on Workplace Insurance Safety Compensation for over 24 months; (k) has been absent due to illness or non-compensable injury for over 24 months. 9.07 A full-time (l) If a casual employee who has less than one (1) year of full-time seniority, who is reduced to part-time unavailable for the shifts for a two month Period the employee may be deemed terminated by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority listemployer. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. 9.01 Seniority for all 13.01 All employees shall be defined as placed on the length seniority list after having completed a probationary period of continuous service forty (40) days worked from the last date of hiring. The seniority will then date back to the last date of hiring with the Co-operative Company within the this bargaining unit. During such probationary period the employee shall not have recourse to the grievance procedure. 9.02 13.02 When it is necessary to lay-off or recall employees who have been laid off, the employees to be laid off or recalled shall be selected on the basis of seniority within their classification, combined with qualifications. Where the qualifications of an employee are questioned by the Employer, such employee will be given the opportunity to perform the work in question to determine if he has the necessary qualifications prior to the lay-off. When an employee is transferred permanently from one classification to another, his seniority shall also be transferred. In the event an employee is laid off in his classification due to reduction of business and he previously worked and had been classified in another job, he shall be eligible to return to the job in which he had been classified on the basis of his accumulated seniority, combined with qualifications, and the employee with the least seniority in such other job classification shall be laid off. The employee so transferred shall be paid the prevailing rate of pay for his new classification. (a) The Employer will prepare seniority lists as at December 15th and June 15th of each year of this contract, and provide the Union with same within two (2) weeks. (b) Seniority shall continue will not be broken due to accumulate during all paid and unpaid authorized leaves absence from employment because of sickness, accident, or other unavoidable reasons which justify such absence. 9.03 Seniority 13.04 An employee shall lose his seniority and will be broken and all rights forfeited whendeemed to be terminated with the Employer, if he: (a) an employee voluntarily quits the employ of the Employer; (b) is dismissed by the Co-operative for just cause discharged and is not reinstated through the grievance and/or arbitration procedure contained in this Agreement; (b) an employee voluntarily leaves the service of the Co-operative;procedure. (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been is laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion off and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job re-employed within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteenfifteen

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. 9.01 Seniority 10.01 An employee shall be considered a probationary employee until he has performed sixty (60) days of work since the date of commencement of his employment for all this Employer during a period of twelve (12) consecutive months. During such probationary period, he will have no seniority rights. Upon completion of his probationary period, his seniority shall date back to the last date of hire. The lay off of any probationary employees shall be defined as the length of continuous service deemed to have been done in accordance with the Co-operative within Collective Agreement and no arbitrator or Board of Arbitration shall have any jurisdiction to change, alter, or modify the bargaining unitlay off of such employee. The dismissal of any probationary employee shall be deemed to have been for just cause, and no arbitrator or Board of Arbitration shall have any jurisdiction to alter, modify, or amend the discharge. The term "seniority employee" as used in this Agreement shall be deemed to mean an employee who has completed his probationary period. 9.02 Seniority shall continue 10.02 A seniority list will be posted at base every six (6) months and a copy forwarded to accumulate during all paid the Local Union Office and unpaid authorized leaves of absenceto the Union ▇▇▇▇▇▇▇. 9.03 Seniority 10.03 An employee shall lose his seniority and shall be broken and all rights forfeited whendeemed to have terminated his employment for the following reasons: (a) an if the employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreementquits; (b) an if the employee voluntarily leaves is discharged and such discharge is not reversed through the service of the Co-operativegrievance procedure; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee if he fails to report notify the Employer of intention to resume work for work the Employer within ten five (105) calendar working days following the date of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee written notice of recall from the Employer sent by registered letter, addressed mail to the employee's last known address, and communicated by telephone by way of a call placed to the telephone number of the employee as recorded on the Employer's records, or fails to report to work within five (5) working days from such notification except for reasons satisfactory to the Employer; (d) if he overstays a leave of absence or vacation without cause acceptable to the Employer; (e) an employee is absent from work without an approved leave of absence if he absents himself for more than three two (32) consecutive working shifts days without notifying the Employer, unless a reason satisfactory reason to the Employer is given by for both the employee. Sickness and/or inability to communicate with absence and the Co-operative shall be considered a satisfactory reason.lack of notification; 9.04 In matters of demotion and reduction to part-time, and when assigning an (f) if the employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the is not at active work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period whatever reasons for a period of three six (36) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after other than a three (3) month period will maintain their original seniority date reason which constitutes a handicap as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time contemplated by the Co-operativeOntario Human Rights Code. However, shall be placed at the top for purposes of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniorityrecall rights, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given entitled to the most senior partbe recalled for a period up to six (6) months and full-time employees shall be entitled to be recalled for a period up to twelve (12) months, from the date of their lay off. (g) if an employee firstuses a leave of absence for a purpose other than that for which the leave was granted; (h) if an employee is retired. 10.04 In the event there is a reduction in the number of bargaining unit employees, lay offs shall be conducted based on work performance and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements required work. Where in the opinion of the Employer work performance and ability to do the job and providing are equal, then the employee is available and willing with greatest seniority will be the last to work be laid off. Recall shall be on the additional hoursbasis of the employee with the greatest seniority having the first opportunity for recall based on the above factors. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. 9.01 Seniority (a) An employee will be considered a probationary employee for the first ninety (90) calendar days worked of their employment and will have no seniority rights during this period. After ninety (90) calendar days, their seniority shall date back to the date of their last hiring at the location(s) as identified in Article 1 - 1.01 - Recognition. Absence for any reason during the probationary period is not considered as a day worked for the purpose of calculating ninety (90) calendar days. (b) It is understood that notwithstanding the expiration of a probationary period, nothing herein shall prevent the Employer from discharging an employee for purposeful falsification of records, theft or other fraudulent conduct which is hereby agreed to constitute just and sufficient cause for discharge. 10.02 A seniority list of all employees covered by this Agreement shall be defined as posted in January of each year. 10.03 In the length event of continuous service a lay-off in excess of four (4) working-days, employees with the Coleast seniority shall be laid-operative within off first, providing that the bargaining unitemployees who remain on the job have, in the opinion of the Employer, the necessary skill, ability, and qualifications to perform the work in question. 9.02 Seniority shall continue 10.04 In the event of a recall, employees will be recalled in the reverse order that they were laid-off provided the employee to accumulate during all paid be recalled has, in the opinion of the Employer, the necessary skill, ability and unpaid authorized leaves of absencequalifications to perform the work in question. 9.03 Seniority 10.05 An employee will lose all seniority and their employment shall be broken and all rights forfeited whendeemed to be terminated if they: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this Agreementquits their employment; (b) an employee voluntarily leaves is discharged and not reinstated through the service of the Co-operativeGrievance or Arbitration Procedures; (c) except in extenuating circumstances, when the employee is absent for a period of two (2) working days without notifying their supervisor; (d) fails upon being notified of a recall to work from lay-off, to report for work within three (3) calendar days after such notification has been given by telephone or by registered mail, unless approval has been received by the employee to postpone their return. Where such notification is given by registered mail, it shall be deemed to have been received by the employee five (5) days after it is mailed. It is the employee's responsibility to ensure that their home address and telephone number are current at all times. If the employee fails to do this, the Employer will not be responsible for failure to notify; (e) obtains a leave of absence for one purpose and uses it for another; (f) accepts other employment during any leave of absence granted by the Employer; (g) is absent from work because of sickness or accident for more than twelve (12) consecutive months have elapsed since last so employedor their length of seniority, in whichever is the event of a layofflesser; (dh) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Cois laid-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without an approved leave of absence off for more than three twelve (312) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reasonmonths. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 1 contract

Sources: Collective Agreement

SENIORITY. 9.01 Seniority Section 1. For the purpose of this Agreement, seniority shall mean an Employee's length of Section 2. The seniority of each Employee who has been employed as such for all employees six (6) Section 3. When making a reduction in the number of Employees due to lack of work and (a) Employees who have not established seniority in the department shall be defined as the length of continuous service with the Co-operative within the bargaining unitlaid off first. 9.02 Seniority (b) Thereafter, Employees shall continue to accumulate during all paid and unpaid authorized leaves be laid off in the inverse order of absencetheir established seniority by department; provided, however, that no apprentice who has been employed for less than two (2) years as such shall have preference in case of layoff, over a journeyman in the same classification who has established seniority under this Agreement. 9.03 Seniority (c) The foregoing provisions of (a) and (b) will not apply when the application thereof would result in the City being required to lay off Employees possessed of skill essential to properly perform the work available at time of the layoff not possessed by Employees having greater seniority. (d) When adding Employees, those having established seniority, most recently laid off on account of curtailment of work shall be the first among those holding seniority to be re-employed, if available and physically able to return to work, provided they have the qualifications required. (e) An Employee displaced from his position as a result of a layoff or job elimination may exercise his seniority to bump an Employee with less seniority provided that he can demonstrate within five (5) working days that he is qualified to perform the work. Section 4. Seniority of an Employee shall be deemed to have been broken and all rights forfeited whenwhen he: (a) an employee is dismissed by the Co-operative for just cause and is not reinstated through the grievance and/or arbitration procedure contained in this AgreementQuits; (b) an employee voluntarily leaves the service of the Co-operativeRetires; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoffIs discharged for just cause; (d) an employee fails Is absent from work three (3) days without notifying the City; (e) Fails to report for work at the close of his leave of absence without City approval; (f) Fails, following layoff, to return to work within ten (10) calendar days working days, following receipt of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee notice of recall from layoff by registered letter, addressed telephone or notice sent to the employee's his/her last known address;. (eg) If an employee Employee is absent from work without an approved leave of absence laid off for more than three twenty-four (324) consecutive working shifts months. He shall, however, not lose his seniority, if it exceeds twenty-four (24) months, unless a satisfactory reason he is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period laid off for a continuous period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns equal to the bargaining unit within seniority he had acquired under Section 3 of this Article at the three time of layoff. In the event that an Employee with five (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (15) or more years of full-time service is laid off in excess of five (5) continuous years, then the seniority of such Employee shall terminate. (h) Accepts other employment without the City's approval during a period of authorized leave of absence. Section 5. Promotions shall be based on seniority, qualifications and ability. When ability (a) When vacancies occur or when new positions are created, the City will post a notice on its bulletin boards for a period of five (5) days announcing the position open. Employees desiring to be considered shall make application for the position open. When necessary, temporary assignments may be made for the period the position is considered open. (b) Should an Employee decline a promotion, it shall have no effect on his/her future promotions. (c) An Employee promoted to a new position will be given a reasonable opportunity to demonstrate his qualifications and ability. If he/she does not qualify within a reasonable time, he/she shall be returned to the position he/she formerly held. (d) All current Employees in the Waste Water Treatment Plants shall have a specific amount of time to obtain the lower class license in accordance with State and Federal laws and regulations and shall continue to take additional license tests in the minimum time prescribed by State and Federal laws and regulations and shall pass the additional license tests within specific time periods (from date of initial employment in the department) set forth below: 1. Sewer Plant Class III Operator 4 Years Class IV Operator 2 Years An Employee who does not meet the above qualifications shall return to the position he/she held prior to entering the plant. (e) An Employee who is reduced promoted to part-a job in the Waste Water Treatment Plants after October 1, 1989 shall have a specific amount of time to obtain the lower class license in accordance with State and Federal laws and regulations and shall continue to take additional license tests in the minimum time prescribed by State and Federal laws and regulations and shall pass the additional license tests within the specific time periods (from date of initial employment in the department) set forth below: 1. Sewer Plant a. Class II Operator 7 years b. Class III Operator 4 Years c. Class IV Operator 2 Years An Employee who does not meet the above qualifications shall return to the position he/she held prior to entering the plant. If the City is required to employ a Class I Operator, all Employees hired after October 1, 1989, will be required to obtain a Class I license within the amount of time set by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later dateCity. Section 6. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time An Employee who has established seniority shall be granted leave of absence (a) An Employee who has completed six (6) months of continuous employment who is subsequently injured and disabled in the governing factor course of his employment and who is unable to return to his/her regular duties, shall receive, beginning with the first full day of absence, the difference between the Illinois Workmen's Compensation Act payments to which he/she is entitled under said Act and eighty percent (80%) of his regular pay at his straight time hourly rate stipulated in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed Article III of this Agreement for absence on a part-time basis at the same timehis regular work days. 9.07 A full-time employee who has less than (b) Payment hereunder shall be limited to two hundred seventy (270) working hours in any one (1) year of full-the first three (3) years of continuous employment and shall also be limited to the period of time seniority, who is reduced for which payments are made to part-time the Employee for total temporary disability as provided by the Co-operativeIllinois Workmen's Compensation Act. After three (3) years of continuous employment, payments shall use continue as long as payments are made to the length of their continuous service with Employee for total temporary disability, as provided by the Co-operative within Illinois Workmen's Compensation Act. In no case shall the bargaining unit when determining where they are to be placed on the part-time seniority listpayments continue for more than thirty (30) months. 9.08 The Co(c) In no case will an Employee be entitled to more than his/her basic take-operative agrees to give two (2) weeks' notice prior to changing an employee's status home pay, that being his/her two-week wage at straight time minus legally required deductions, during the period of total temporary disability from full-time to a part-time basiswork. 9.09 Part-time employees will have seniority only over other part-time employeesSection 8. Seniority for full-time employees shall apply amongst full-time employees The City and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee firstUnion may, and thereafter in decreasing order of seniorityby mutual agreement, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteencancel, suspend or alter the

Appears in 1 contract

Sources: Labor Agreement

SENIORITY. 9.01 A. Seniority for all employees within each signatory company shall be defined as prevail throughout the length of continuous service with the Co-operative operation within the bargaining unit. 9.02 B. Seniority on a store-wide basis shall continue to accumulate during prevail, in the instance of layoff and reETfeTTbr all paid and unpaid authorized leaves of absenceregular full time em­ ployees who Titve been employed more than thirty (30) days. 9.03 C. Seniority on a company-wide "basis shall prevail, in the instance of layoff and rehire, for all regular full time employees who have been employed by the company in excess of six (6) months. D. Regular part time employees shall be broken and all rights forfeited when:entitled to pref­ erence within the particular store in case of layoff provided they have been so classified during the previous six (6) months. (a) E. If an employee is dismissed ▇▇▇▇▇▇▇▇&▇ by the Co-operative company, he A shall retain his accumulated experience for just cause tne purpose of Jyjy acquiring and is not reinstated through the grievance and/or arbitration procedure contained in this Agreement;retaining seniority. A (b) an employee voluntarily leaves the service of the Co-operative; (c) more than twelve (12) months have elapsed since last so employed, in the event of F. If a layoff; (d) an employee fails to report for work within ten (10) calendar days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an part time employee is absent from work without an approved leave of absence for more than three (3) consecutive working shifts unless a satisfactory reason is given by the employee. Sickness and/or inability to communicate with the Co-operative shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction to part-time, and when assigning an employee to relieve another employee employed in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniority, who is reduced to part-time by the Co-operative, shall be placed at the top of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time store his hours worked in all stores shall be accumulated to determine whether he is entitled to store seniority under Section D of this Article. When such an employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to acquires seniority he will be placed on the part-time seniority listlist of the first store to which he was assigned. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basisG. Seniority shall be separate for male and female em­ ployees. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees H. Employees whose primary duties consist of carrying out packages and bagging shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that timenot acquire seniority. 9.10 Preference I. Seniority shall not be interrupted by absence of not more than ninety (90) days due to proven illness or injury, provided, however, that in weekly available hours event of work within a department for part-time employees injury on the job, senior­ ity shall not be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing interrupted so long as the employee is available and willing off the job, unless the employee is determined permanently dis­ abled under the Minnesota Workmen’s Compensation law. The employee must be able to pass a physical examination upon return to work the additional hoursif requested. Layoff in excess of one (1 ) year shall terminate seniority. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. 9.01 Seniority for all employees Section 1. An employee’s seniority shall be defined as computed from the length time of continuous service their employment. However, the employee shall be on probation for ninety (90) days following the date of their employment, during which time the employee shall have no rights accorded by Article III (solely disciplinary and/or discharge matters), IV, and V of this Agreement, which may be extended for an additional thirty (30) days with the Co-operative within mutual consent of the bargaining unitemployee and Employer, following the date of their employment. 9.02 Seniority Section 2. The seniority status of an employee who has completed their probationary period shall continue be broken upon termination, quit, termination for just cause, or absence from work for illness or accident (other than industrial accident), approved leave of absence (including lay off) for six months. In the event an employee is unable to accumulate during all paid and unpaid authorized work due to illness, accident, emergencies or leaves of absence, such employee shall be reinstated at such time as the employee is able to resume work provided such employee has properly notified the Employer at the time their accident, illness, emergency or leave of absence has occurred and falls within the time lines of the above paragraph. Employees shall not qualify for a leave of absence until six (6) months after their seniority date. Employees shall be granted leaves of absence for good cause. 9.03 Seniority Section 3. In the event of reduction and restoration of work force, plant seniority shall prevail unless there is a demonstrable difference in ability and competence. Departmental seniority shall prevail in preference over the greater number of hours of work. Additionally, the Employer shall make a reasonable effort to transfer a less senior employee who is qualified to perform the job, when an involuntary transfer to a different department is required due to daily fluctuations in work levels. For purposes of this Article, the term department in a laundry shall mean any one of the following: Counting, wash and tumble, garment finishing, flat finishing, distribution, salvage, stock and mending department. Section 4. Whenever a job opening occurs in any department it shall be broken posted for at least three (3) days. The successful applicant must be qualified and all rights forfeited when: (a) an employee competence, general ability, and seniority shall determine such qualification. The Employer for the purpose of this Section shall be the sole judge of competency and general ability, provided such judgment is dismissed by the Co-operative for just cause made in good faith and is not reinstated through arbitrary. Section 5. At the grievance and/or arbitration procedure contained in this Agreement; (b) an employee voluntarily leaves the service request of the Co-operative; (c) more than twelve (12) months have elapsed since last so employed, in the event of a layoff; (d) an employee fails to report for work within Union and upon at least ten (10) calendar days’ written notice, employees shall be granted up to fifteen (15) working days of being recalled after a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed to the employee's last known address; (e) an employee is absent from work without an approved leave of absence for more than three purpose of Union activities, including attending the International Convention, not to exceed five (35) consecutive working shifts unless a satisfactory reason is given by the employeecalendar days, once every four (4) years, regional meetings, not to exceed two (2) calendar days, two (2) times each year, trust activities, and/or for participation in community activities. Sickness and/or inability to communicate with the Co-operative Each year this leave shall be considered a satisfactory reason. 9.04 In matters of demotion and reduction in addition to part-time, and when assigning an employee to relieve another employee the leaves provided for in a higher paid classification, merit, ability and fitness, as determined by the Co-operative, to perform the work satisfactorily Section 2. This leave shall be the governing factor. Where merit, ability and fitness are comparable and sufficient, the senior person shall be selected except for demotions and reduction to part-time, where reverse order of seniority shall apply. 9.05 Any employee promoted limited to a position outside maximum of the bargaining unit shall be on a trial period for a period of three (3) calendar months. If the employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three (3) month period. Any employee who returns to the bargaining unit within the three (3) month period shall do so without loss of seniority and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreement. 9.06 A full-time employee with one (1) or more years of full-time seniorityemployee at this plant at any time, who is reduced unless the Employer, in its sole discretion, grants leave to part-time additional employees. Such leave may be extended by the Co-operative, shall be placed at the top mutual agreement of the part-time seniority list for the purpose of receiving part-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same timeparties. 9.07 A full-time employee who has less than one (1) year of full-time seniority, who is reduced to part-time by the Co-operative, shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the part-time seniority list. 9.08 The Co-operative agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part-time employees will have seniority only over other part-time employees. Seniority for full-time employees shall apply amongst full-time employees and it is agreed that all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for part-time employees shall be given to the most senior part-time employee first, and thereafter in decreasing order of seniority, providing the affected employee has the ability to do the normal requirements of the job and providing the employee is available and willing to work the additional hours. 9.11 When a part-time employee works the basic work week for thirteen

Appears in 1 contract

Sources: Collective Bargaining Agreement

SENIORITY. 9.01 23.01 Seniority for all employees shall be defined as the length of continuous service with the Co-operative Company within the bargaining unit. When employees are hired on the same day, seniority will be determined by shift start time, then alphabetically commencing on the first day of working on production. 9.02 23.02 Seniority shall continue to accumulate during all paid and unpaid authorized leaves of absence, during all layoffs, and during all periods of sickness and/or injury. 9.03 23.03 Seniority shall be considered broken and all rights forfeited whenservices terminated if an employee: (a) an employee is dismissed duly discharged by the Co-operative for just cause Company and is not reinstated through the grievance and/or arbitration procedure contained in Grievance and Arbitration Procedure of this Agreement; (b) an employee voluntarily leaves the service of the Co-operativequits or resigns; (c) more than twelve has been laid off continuously for a period of eighteen (1218) months have elapsed since last so employed, in the event of or is called back to work after a layoff; (d) an employee fails layoff and does not return to report for work within ten fourteen (1014) calendar days of being recalled after receiving a layoff. When the Co-operative recalls an employee who has been laid off, it shall notify such employee by registered letter, addressed letter sent to the employee's his or her last known address; (ed) an employee is absent from work without an approved a written leave of absence for more than three (3) consecutive working shifts days unless a satisfactory reason is given by the employee. Sickness and/or or inability to communicate with the Co-operative Company shall be considered a satisfactory reason; (e) fails to return to work on the completion of an authorized leave of absence, unless a satisfactory reason is given. 9.04 In 23.04 Seniority shall be the governing factor in matters of demotion demotion, ▇▇▇▇▇▇, recall after layoff, reduction to part-time and choice of vacation. In the event of demotion, layoff and/or reduction to part-time, reverse order of bargaining unit wide seniority shall apply to all employees in the bargaining unit. Seniority shall be the governing factor in matters of promotion, awarding of a new position or vacant position, and when assigning an employee to relieve relieving another employee in a higher paid or equally paying classification, merit, providing the employee has the ability and fitness, to be able to do the normal requirements of the job as determined by the Co-operativeCompany. The Company in determining ability agrees to be fair and reasonable. 23.05 Employees accepting a promotion or transferring to another classification shall be given a fair trial period under such circumstances, and shall be returned to their former position if they are unable to perform the work satisfactorily new assignment satisfactorily. A fair trial period will be up to fourteen (14) working days (168 hours) for employees working 12 hour shifts or twenty-one (21) working days (168 hours) for employees working eight (8) hour shifts. In certain situations, at the company’s discretion, the trial period may be extended. At the completion of the trial period it is agreed that the position will be permanently awarded as per article 24.03. 23.06 Employees who voluntarily agree to do so, shall be the governing factorentitled to exercise their seniority to exchange their daily assigned shifts with other employees who also voluntarily agree to do so. Where merit, ability and fitness are comparable and sufficientUnder such circumstances, the senior person employees involved must be able to perform the normal functions of the work involved and must also receive prior approval from management. Such approval shall not be selected except for demotions and reduction to part-time, where reverse order of seniority shall applyunreasonably denied. 9.05 23.07 Any employee promoted to a position outside of the bargaining unit shall be on a trial period for a period of three six (36) calendar months. If the an employee is not successful in their new position, or if the employee decides to return to their former job within the bargaining unit, same will be allowed within the three six (36) month period. Any The employee who returns shall then return to the bargaining unit within the three (3) month period shall do so without loss of seniority seniority, benefits and benefits. Employees who wish to return after a three (3) month period will maintain their original seniority date as their service date for the purpose rate of vacation entitlement and will be provided a new seniority date for all other purposes under this collective agreementpay. 9.06 A 23.08 Seniority for full-time employee employees shall apply among full-time employees and it is agreed that all full-time employees shall have seniority over all part- time employees. Part-time employees will have seniority only over other part-time employees. 23.09 Full-time employees with one (1) or more years of full-time seniority, who is are reduced to part-time by the Co-operativeCompany, shall be placed at the top of the part-time seniority list for the purpose of receiving partlist. Full-time hours of work within the department they were working in at the time of their reduction to part-time and for the purpose of determining their seniority ranking should a full-time job within said department become available at a later date. In all other matters said full-time employee's length of continuous service employees with the Co-operative within the bargaining unit shall be used. Accumulated full-time seniority shall be the governing factor in determining a full-time employee's seniority ranking in situations where more than one full-time employee within the same department is being employed on a part-time basis at the same time. 9.07 A full-time employee who has less than one (1) year of service who have no continuous part-time service with the Company shall retain their full-time seniority, seniority date in the event they are reduced to part-time. Full-time employees who reduce themselves to part-time shall be slotted in on the part-time seniority list in accordance with their most recent date of hire. 23.10 A part-time employee who becomes full-time for a period of less than one (1) year and who is reduced to part-time by the Co-operative, Company shall use the length of their continuous service with the Co-operative within the bargaining unit when determining where they are to be placed on the retain his or her original part-time seniority listdate. 9.08 23.11 No full-time employee shall be laid off and/or reduced to part-time status if such lay-off or reduction into part-time would result in replacement of the full- time hours by part-time employees. In addition, part-time employees cannot be employed or scheduled to an extent that it results in displacement or prevents the hiring of full-time employees. However, this does not indicate that the Company will combine jobs which would require re-defining job descriptions. 23.12 No new employees shall be hired by the Company as long as there are qualified part-time employees who are able and willing to perform the work required, or as long as there are employees who are on layoff status who are able and willing to perform the work required. 23.13 Part-time employees will not be employed or scheduled to the extent it results in the displacement or prevents the hiring of full-time employees. 23.14 When a part-time employee who is normally scheduled at least one hundred and fifty-six (156) hours in a four (4) week schedule period for a period in excess of twenty (20) weeks (with the exception of those on a temporary posting), full- time status will be posted and awarded as per Article 23 & 24. 23.15 If the most senior part-time employee is requested to assume a full- time position and cannot for any reasons, he/she would then forfeit their right, at a later date, to bump the next most senior part-time employee who filled said full-time position. Should another full-time position become available, at a later date, the most senior part- time employee would then be given the first opportunity to assume the full-time position based on their part-time seniority. 23.16 Daily available hours of work for part-time employees will be given to the most senior employee first and thereafter in decreasing order of seniority, providing the employee is available to work the hours. 23.17 The Co-operative Company agrees to give two (2) weeks' notice prior to changing an employee's status from full-time to a part-time basis. 9.09 Part. The Company, when reducing hours of work, agrees they will not reduce the regular scheduled hours of a full-time employees will have seniority only over other employee for the purpose of replacing such hours with part-time employees. Seniority for fullhelp. 23.18 The Company shall provide the Union in January and July of each calendar year, with an up-time employees shall apply amongst fullto-time employees and it is agreed that date seniority list of all full-time employees shall have seniority over part-time employees. Part-time employees who become full-time shall begin accumulating their full-time seniority at that time. 9.10 Preference in weekly available hours of work within a department for and all part-time employees covered under the terms of the Collective Agreement. Copies of the seniority lists shall also be given to the most senior Shop Stewards and a copy shall be posted on the bulletin board located on the Company's premises. 23.19 During prime time, the Company will establish temporary “vacation relief” part-time employee firstpositions. These positions will be guaranteed a minimum of 24 hours of work per week, and thereafter in decreasing order must be available a minimum of seniority, providing three (3) days during the affected employee has the ability week (Monday to do the normal requirements of the job Friday) and providing the employee is available and willing to work the additional hours. 9.11 When a weekends. Only current part-time employee works employees at the basic work week for thirteentime of posting will be eligible. Article

Appears in 1 contract

Sources: Collective Agreement