Vacations and Sick Leave The Executive shall be entitled to paid annual vacation leave in accordance with the policies as established from time to time by the Board of Directors, which shall in no event be less than four weeks per annum. The Executive shall also be entitled to an annual sick leave benefit as established by the Board for senior management employees of the Bank. The Executive shall not be entitled to receive any additional compensation from the Bank for failure to take a vacation or sick leave, nor shall he be able to accumulate unused vacation or sick leave from one year to the next; provided, however, such Executive may carry forward from year to year a maximum of ten days of unused vacation leave.
Vacation and Sick Leave During the Employment Term, the Executive shall be entitled to paid vacation and sick leave (without loss of pay) in accordance with the most favorable plans, policies, programs and practices of the Company and its affiliated companies as in effect for the Executive at any time during the twelve (12) month period immediately preceding the Effective Date or, if more favorable to the Executive, as in effect generally at any time thereafter with respect to other peer executives of the Company and its affiliated companies.
Super Seniority For purposes of layoff and recall only, the President shall head the seniority list, provided however, that such officer must have the necessary skill and experience to perform the required work. The Sheriff agrees that this section shall not be applied in an arbitrary manner.
Sick Leave Abuse When the Employer suspects sick leave abuse, the employee will be provided the opportunity to explain the circumstances surrounding their sick leave use prior to disciplining the employee, or making reference to sick leave use in the employee’s performance evaluation. The Employer may not adopt or enforce any policy that counts the use of paid sick leave time as an absence that may lead to or result in disciplinary action for an authorized purpose. The Employer may not discriminate or retaliate against an employee for the use of paid sick leave for an authorized purpose.
SENIORITY 7.1 The purpose of seniority is to provide a policy governing layoffs and recalls. 7.2 In the event of a layoff, the Company shall consider: (a) the equipment for the work that has to be performed; (b) the seniority of the union member; (c) 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 bulletin 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 Owner-Operator is absent from work without securing a leave of absence for more than three (3) consecutive working days; (e) if an Owner-Operator refuses a 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 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 Company. (h) If the Owner Operator or his driver fails to comply with any of the 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 reasonable and will have been properly communicated and enforced by the Company. (i) If an Owner Operator is discovered to have pulled any load other than one dispatched by Highland Operations, without prior written approval by Highland senior management, he/she is subject to immediate contract termination. A grievance may be processed; however an arbitrator will be limited to determining if the infraction occurred and if so, no substitution of penalty will be permitted.