Article 17 : seniority
17.1 For the purpose of this Agreement, seniority is defined as follows:
- Seniority is a function of a date. The seniority of an employee in a position that is covered by the bargaining unit at the time the first collective agreement is ratified corresponds to his last date of continuous service at the University.
- The seniority of an employee hired after the ratification of the first collective agreement or who joins the bargaining unit after that ratification corresponds to his first day on the job in a function covered by the bargaining unit.
- The seniority of a regular employee is recognized and may be exercised after his probation period has been completed. It is retroactive to the date identified under 17.1 a) or b), as the case may be.
- The seniority of a term employee is recognized and may be exercised after he joins the bargaining unit. It is retroactive to the date identified under 17.1 a) or b), as the case may be.
17.2 The date of seniority may be amended if the employee is absent and the Agreement provides that he does not accumulate any seniority during this absence.
Once a year, on September 30, the seniority list (Appendix A) is updated and posted by the University on the Human Resources Service website. A copy of the updated list is sent to the group president.
Employees have thirty (30) days after the list was posted to request a review of the seniority date indicated and to file a grievance if they are not satisfied with the review or the denial of such of a review. The list is in order of seniority, and includes the employee names and their respective seniority dates.
17.3 Employees retain and accumulate seniority in the following cases:
- a layoff period when the employee is placed on the call back list;
- an absence due to disability not exceeding 24 months;
- an authorized absence in the case of leave authorized under 10.08 up to a maximum of two (2) years in the case of a non-elective function, and up to a maximum of three (3) years in the case of an elective function;
- an accident or occupational disease of less than twenty-four (24) months;
- an appointment of an employee who is not covered by the Agreement pursuant to 25.1 a) and b); or
- non-paid leave of less than thirty (30) days authorized by the University under 30.12.
17.4 Employees retain seniority but do not accumulate seniority in the following cases:
- non-paid leave of more than thirty (30) days authorized by the University under 30.12;
- an absence due to long-term disability for a period in excess of twenty-four (24) months and during which the employee receives benefits. Such period may be extended by mutual consent of the parties. This clause is subject to the parties obligations under the Human Rights Code.
- assignment for more than twelve (12) months to a job that is not covered under this Agreement pursuant to 25.1 b). However, in this case the employee retains his substantive position and employment.
17.5 Employees lose their seniority and their employment in the following cases:
- resignation or voluntarily leaving their position;
- termination, unless rescinded by the grievance and arbitration procedure;
- layoff, where the right of recall has been exhausted;
- refusal of a term assignment or a reasonable offer of employment pursuant to Article 19, when a position has been eliminated;
- severance payment is being received pursuant to 19.11 or 19.12;
17.6 When more than one employee has the same seniority, the University holds a lottery in the presence of the employees concerned to determine their order of seniority, whenever necessary.