Article 5 : seniority
5.1 Seniority is defined as the first date of hire in the bargaining unit and shall be the sole determining factor in determining preference or priority for shift preference.
5.2 The University shall maintain a seniority list showing the first date of hire for each employee. An updated seniority list shall be sent to the CUPE National Representative and to the Unit Chair in January, May and October of each year. The seniority list shall be posted at the latest on January 15, May 15, and October 1 of each year on the employee bulletin board or on a bulletin board reserved in whole or in part for this purpose in Monpetit Hall Aquatic Centre.
5.3 An employee will cease to have seniority and their services with the University will be terminated for any of the following reasons:
- If the employee resigns.
- If the employee is discharged for cause, and is not reinstated.
- If the employee is laid off. However, the employee will retain their seniority for a period of twelve (12) consecutive calendar months for the purpose of recall or re-hiring..
- If the employee is not employed by the University for a period of twelve (12) consecutive calendar months, except for reasons of sickness or accident, substantiated by a medical certificate and approved by the Occupational Health and Leave Sector, Human Resources Service.
- If the employee is absent from work in excess of three (3) working shifts without sufficient cause or without notifying the University, unless such notice was not reasonably possible..
- The employee fails to return to work within seven (7) calendar days following a layoff and after being notified by registered mail to do so, unless through sickness or other just cause. It shall be the responsibility of the employee to keep the University informed of their current address. .
5.4 An unpaid leave of absence may be approved to a maximum of twelve (12) consecutive calendar months. Approval of such leave will not be unreasonably withheld.The employee shall retain their seniority during an unpaid leave of absence. In the event that the leave of absence is longer than one (1) month, the University will, when the employee returns to work, adjust the employee’s seniority date for the time taken in the unpaid leave.
5.5 Where multiple employees have the same seniority date, seniority will be determined by the date or time of the first shift. If this does not rectify the issue, seniority will be determined by the number of hours worked. The University will notify the Union of this clarification by providing them with an updated seniority list.