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.
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.
Classification Seniority Classification Seniority" is defined as the length of service in a specific job classification within the bargaining unit, beginning with the date an employee starts to serve a probationary appointment. Classification Seniority shall be interrupted only by separation because of resignation, discharge for just cause, failure to return upon expiration of a leave of absence, failure to respond to a recall from layoff, or retirement.
Departmental Seniority Departmental seniority is defined as the length of employment within the employee’s current department. Department seniority shall accrue as of the first day of employment or transfer into a new department.
Seniority Rosters The Employer agrees to furnish the Union each January 31 and July 31 with rosters of all employees who accrue seniority, their current and prior classifications, and start date in each classification and University start date per Section 1. Employees who have accepted positions outside the bargaining unit do not accrue class seniority in the bargaining unit when employed in positions outside the bargaining unit, but retain prior seniority earned in the bargaining unit. When two (2) or more employees have the same classification seniority date, ties shall be broken by recognizing the employee with the greater University seniority first. If a tie still continues, the employee's seniority position shall be determined by lot.