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Basic Agreement
Section 7: Seniority

Section 7 - Seniority



Service and Employment

7.01For the purpose of this Agreement, service shall mean an employee's length of service with the Company at the Hamilton East facility since the date of his last hiring or rehiring, plus any credited service, but shall include service as provided in Clause 7.11 hereunder. Where two (2) or more employees have the same service date, the employee hired after July 31, 1993, with the permanent number assigned by the company nearest to zero (0) shall be considered to have the longest length of service.


7.02
  1. An employee shall be considered a probationary employee until he has been in the employ of the Company continuously for three (3) months. Upon completion of such probationary period he shall have service dating from his last hiring date, and in the case of an employee who was previously laid off and rehired, there shall be added to such service, any periods of continuous employment of thirty (30) days or more as a probationary employee within the six (6) month period preceding his last hiring date.

  2. The parties agree that a probationary employee is not entitled to grieve his discharge and may be discharged at the sole discretion of the Company unless discharge for Union activity is alleged. A probationary employee is entitled to all other rights and privileges accruing to employees under this agreement. This clause shall continue to be so interpreted during the term of this agreement unless and until it is amended, modified or altered as a result of a specific change or amendment to the current Labour Relations Act.

    Should an employee who is discharged for reasons other than Union activity wish to appeal the Company decision, he may within seven (7) days of his discharge, request a meeting with the Manager of Human Resources or his delegate, with a Union representative in attendance at the employee's request. Within seven (7) days following such meeting, the Company will issue a final decision regarding the discharge.

    A probationary employee who is so discharged will be advised of the provisions of this procedure at the time of his termination. It is understood that failure to so notify the employee will not nullify the termination of such employee.


7.03Service and employment shall be terminated when an employee:

  1. Resigns.

  2. Is discharged.

  3. Is laid off for lack of work.

  4. Is absent due to a disability not compensable under the Workers' Compensation Act, for a period exceeding the limits set forth in Clause 7.11(a) relating to length of service and recall entitlement.

  5. Is absent for more than three (3) consecutive working days subject to the Letter of Agreement Re Employee Absences.

  6. Is absent due to a disability compensable under the Workers' Compensation Act for a period exceeding either, the period in respect of which temporary total or temporary partial compensation payments are made to him under the said Act, or for a period exceeding the limits set forth in Clause 7.11(a) relating to length of service and recall entitlement, except that in the case of an employee with ten (10) or more years of service, for a period of five (5) years, whichever is the greater.

  7. Fails to return to work at the termination of a Leave of Absence except with the written consent of the Company.

  8. Fails to report for work within ten (10) working days after being instructed to report by mailing to him of a registered notice at the last address appearing on the Industrial Relations Department records, unless the employee has obtained a written Leave of Absence from the Company for a period which does not expire within such ten (10) days.


7.04
  1. The service and employment of an employee who is absent from work due to a disability, regardless of whether it is compensable under the Workers' Compensation Act or not, will be terminated in accordance with Clause 7.03 when he is laid off for lack of work.

  2. Such former employee will be entitled to recall in accordance with Clause 7.11 and if so recalled, will be deemed to be rehired provided that:

    1. If he is unable to report for work within the prescribed period due solely to being disabled with the same disability which he was suffering at the date of his layoff and termination as provided in paragraph one above, and

    2. If such disability is compensable under the Workers' Compensation Act, for the period in respect of which temporary total or temporary partial compensation payments are made under the said Act and providing he has not been so disabled for more than twelve (12) consecutive months since the month in which such disability began, and

    3. If such disability is not compensable under the Workers' Compensation Act, for the period in respect of which he is eligible for weekly indemnity benefits under the Group Insurance Program for such disability.

  3. A former employee who is deemed to be recalled and rehired in accordance with the above provision will be deemed to be an employee for all purposes of the Agreement for an Insurance Program and the Agreement for a Pension Plan.


7.05The Company shall provide a service list showing the starting date with the Company of all employees. In the case of employees with credited service, their Company starting dates shall be adjusted to include such credited service. Such list shall be posted on the bulletin board and shall be available at the Industrial Relations Department for inspection by officers of the Union or any Steward. The Company will not unreasonably refuse Union requests for updated seniority lists as required. However, it is understood that the Company will be expected to update the list on a monthly basis.


Increase and Decrease of Working Forces

7.06In all cases of promotion (except promotion to positions excluded from the Bargaining Unit or positions requiring technical or other training or special educational qualifications), and, in all cases of decrease or increase of working forces, the following factors shall be considered by the Company:

  1. Service.

  2. Knowledge, efficiency and ability to perform the work.

  3. Physical fitness.

Where factors (b) and (c) are relatively equal, factor (a) shall govern.


7.07The Parties agree that in the case of short temporary periods of layoff, decrease in working force or other interruptions of work, it may not be practicable to implement the provisions of this Section. Both Parties agree to make every reasonable effort to reach a mutually satisfactory understanding in such cases.

  1. It is not intended that the provisions of this Section are to be waived in respect of any such short periods in excess of five (5) working days in a calendar month or ten (10) working days in each half of a calendar year, except by mutual consent.

  2. It is understood that the application of this clause will not result in a loss of more than five (5) consecutive working days at any one time.

  3. It is further understood that the Company will make every reasonable effort to avoid repeated loss of time for an employee or a group of employees in the application of this paragraph.


7.08
  1. Subject to the provisions of Clause 7.06 whenever a decrease in working force is necessary, probationary employees and employees hired under the provisions of Item 16 in the division affected will be laid off first, and then the most junior employee with service displaced from his job description must displace any junior employee in any other description provided his service is greater than that of the employee to be displaced;

    Such displaced employee shall not be entitled to be laid off work until he has exercised his entitlement under the above provision and work is not available to him.

    1. The Company and the Union have agreed that when an employee has exercised his entitlement to all of the provisions of Clause 7.08(a) and would otherwise be laid off work, such employee will be entitled to be considered for assignment to a job as follows:
      1. The job held by the most junior service employee in the plant who is junior in service to such employee specified above provided such job is Job Class Eight (8) or less and either does not have a learner period or has a learner period of 240 hours as specified in Appendix "G" of the Basic Agreement.

      2. Provided that such senior employee has the basic knowledge to absorb the necessary training so as to become qualified to perform such job within a three (3) week period, in which event,

      3. The Company will not apply the provisions of Clause 7.06(b) when assigning such senior employee to such job.

      It is understood and agreed that no other employee may file a grievance with respect of the application of these provisions and in any event such grievance will not be arbitrable.

    2. The Company and the Union agree that new classifications which require two hundred and forty (240) hours learner periods may, by mutual agreement of the parties, be added to the list attached.


7.09Executive Officers, Chief Stewards, and Committeemen of Local 5328 who are employees of the Company will be given preferential service during a layoff for the purpose of carrying on their Union duties, provided, that any such Officers, Chief Stewards and Committeemen can satisfactorily perform the jobs available during such layoff, and provided further that the total number of Union Officers and the Chief Stewards granted such service will not exceed seven (7).

A list of which positions out of the Executive Officers, Chief Stewards, and Committeemen shall be furnished to the Company. Any officer, whose position is not included in the list, and who had not been laid off, but retained because of the position he/she held in the Local Union, will be thereafter laid off in accordance with Section 7 and the Employment Standards Act.


7.10
  1. Whenever an increase is to be made in the number of employees working on a job description within a division, particulars of the permanent job to be filled will be posted on the notice board of the division for a period of five (5) calendar days. Any employee in the division concerned may apply in writing to his supervisor within such five (5) day period. The job will be filled in accordance with Clause 7.06 with employees being considered in the following order:

    1. Employees of the division in which the vacancy occurs, and where an appointment is not made from that group,

    2. Employees entitled to recall to the division as provided in Clause 7.12, and where an appointment is not made from that group,

    3. Employees from the other division, and where an appointment is not made from that group,

    4. Former employees entitled to recall in accordance with Clause 7.11.

  2. Where a permanent job cannot be filled in accordance with Clause 7.10(a), qualified employees, excluding any employee hired prior to June 1, 1994 and who has received training on a job prior to August 1, 2008, will be deemed applicants for the job in the following order.

    1. Junior qualified employee within the Division from a lower job class,

    2. Junior qualified employee within the Division from the same job class,

    3. Junior qualified employee within the Division.

  3. All subsequent vacancies which result from the filling of the above posted vacancy will be filled by employees within the division in accordance with Clause 7.06.

  4. The successful applicant shall be transferred to his new position within fifteen (15) working days after the posting has been awarded. If the employee cannot be transferred to the new job description within the fifteen (15) working day period, the employee shall be paid the temporary transfer rate.

  5. In applying the provisions of (a) and (b) above, only an employee who has occupied his job for a minimum of six (6) months or who is occupying a job as a result of a decrease in working force, will be considered for a job vacancy which carries an equal or lower standard hourly rate than the job which he occupies.

  6. Nothing herein shall preclude the Company from making a temporary appointment, not to exceed fifteen (15) working days, to any job.

  7. Where special circumstances arise in the application of Clause 7.10, the parties will immediately review such circumstances so as to identify and implement a mutually satisfactory resolution.

    Furthermore, it is recognized that there may be special circumstances which may arise when a job vacancy is posted and both a junior employee retained in the plant solely due to special skills and a senior former employee on layoff are qualified. If in the application of Clause 7.10(a), the junior employee would be the successful applicant, it is the intention of the Company to recall the senior former employee to a labour job prior to filling the job vacancy, provided the senior employee will apply for and accept the posted job vacancy.

    It is agreed and understood that when a permanent job vacancy is posted, during the interval period between the posting and filling of such vacancy and the filling of the resulting subsequent vacancies, the Company may hire a person into the job of Labour Clean Up (J.C.2) and such new employee may be temporarily transferred to fill jobs during such interval period as may be required. When appointments are made final under Clause 7.10, the person hired as Labour Clean Up will be assigned into the last subsequent vacancy.

    The job of Labour Clean Up will not be required to be posted prior to the hiring of such new employee.

  8. The Company agrees to provide the Union with copies of all "Notices of Job Vacancy", applicants, and the name of the successful applicant within five (5) calendar days of posting the successful applicant.


7.11
  1. When an employee has been laid off he shall be entitled for the appropriate period as hereinafter provided in (1), (2), (3), (4) and (5), to recall subject to Clause 7.06.

    1. Less than two (2) years of service at the date of layoff - for a period of twenty-four (24) months from the date of layoff.

    2. Two (2) years but less than three (3) years of service at the date of layoff - for a period of thirty (30) months from the date of layoff.

    3. Three (3) years but less than four (4) years of service at the date of layoff - for a period of thirty-six (36) months from the date of layoff.

    4. Four (4) years but less than five (5) years of service at the date of layoff - for a period of forty-two (42) months from the date of layoff.

    5. Five (5) or more years of service at the date of layoff - for a period of forty eight (48) months from the date of layoff.

  2. If a former employee is recalled and rehired within the applicable period, his service shall include service prior to such layoff and further accumulation of service as follows:

    1. In the case of an employee with at least six (6) months of service at the date of layoff, the first six (6) months of the layoff will be included with his prior service, or

    2. In the case of an employee with at least one (1) year of service at the date of layoff, the first nine (9) months of the layoff will be included with his prior service, or

    3. In the case of an employee with three (3) years or more of service at the date of layoff, the first fifteen (15) months of the layoff will be included with his prior service.

  3. If a former employee fails to report for work within ten (10) working days after being recalled by a registered letter addressed to the last address on the employment records, he shall not be further entitled to recall.

  4. A former employee who is entitled to recall shall be eligible to file a grievance concerning such recall.


7.12An employee transferred in lieu of layoff to another division in accordance with the provisions of Clause 7.08 or recalled to another division in accordance with the provisions of Clause 7.11, shall, for a period of one (1) year from the date he was displaced from his original division and subject to Clause 7.06, be entitled to recall to the division from which he was originally displaced and, if recalled, be required to return to that division. The Company may release the employee from his obligation to return to the division.

If an employee is recalled across divisional lines he shall have the option to decline such recall if the recall is to a job that carries a lower rate of pay than the job he is occupying at the time of recall.


Transfers

7.13An employee may be temporarily transferred from one (1) job description to another but no such transfer shall exceed a period of fifteen (15) working days, except by mutual agreement between the Company and the Union. Where such transfers involve training opportunities, the Company will give consideration to the senior qualified employees available for transfer in the division.

An employee who has not completed his learner hours on the job to which he has a Training or Vacation Relief appointment and who is assigned to a temporary vacancy on that same occupation will be paid:

  1. As a Temporary Transfer (i.e. at standard hourly rate) where such vacancy is due to absence of any employee for reasons other than vacation time off and such vacancy is for one or two shifts duration; or,

  2. As a Vacation Relief (i.e. at the appropriate learner rate) where such vacancy regardless of cause exceeds two (2) shifts. The employee assigned to such vacancy will be paid for the entire period of such assignment as Vacation Relief.

Once the employee has completed his learner hours, any appointee to a Vacation Relief position who is assigned to a temporary vacancy will be considered as a temporary transfer.


7.14
  1. An employee requesting a transfer from one (1) division to another shall, if transferred, retain his service in the division from which he was transferred for a period of thirty (30) days after which his service shall be transferred to the new division. If an employee so transferred does not do the required work satisfactorily and maintain the standard rate of production established on the job within such thirty (30) day period, he shall be returned to his former division if it is operating and to his old job if and when it is operating or if the employee is dissatisfied with the job he has been transferred to within the thirty (30) day period.

  2. An employee transferred from one division to another by the Company or transferred to a job in lieu of layoff, or recalled to a division in accordance with the provisions of Clause 7.11 or Clause 7.12 shall carry with him the service record which he has accrued in the division from which he was transferred, laid off or recalled.


7.15If non bargaining unit personnel who have previously worked in the bargaining unit are transferred from a non bargaining unit position to a bargaining unit job, they shall be entitled to credit for their full service with the Company including time worked outside the bargaining unit. Such non-bargaining unit personnel shall not, however, be credited with service for time worked as a non-bargaining unit position in excess of two (2) continuous years or in excess of two thousand and eighty (2080) hours in any two (2) year period for the purposes of the application of Section 7 only.


Veterans

7.16Credited service shall include service formerly granted for time spent in Her Majesty's forces. Such service may be applied for the purposes of employment, continuation of employment and promotion only.






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