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Article 13 : seniority

13.1 The seniority date for lay-offs, call backs, temporary assignments, appointments, overtime rights and priority in choosing annual leave is the following:

  • For employees who already belong to the Bargaining Unit as of September 8th , 2009, the seniority date will be the continuous service date for employees holding regular indeterminate positions. For term employees, it is the date that corresponds to the first day following the anniversary date of 12 months of continuous employment.
  • The seniority date for full-time or part-time regular, term or seasonal employees hired after September 8th , 2009, corresponds to the first (1st) day of employment in a position included in the Bargaining Unit, with continuous service.
  • When two (2) or more employees have the same seniority date, the University shall use a draw in the presence of the employees concerned and a union representative to determine their order of seniority whenever there is a requirement to determine an order of seniority.
  • Seasonal or part-time employees accumulate seniority as if they worked full time, without adjustments to the seniority date.
  • An employee on probation when first hired will not be placed on the seniority list before successfully completing his probationary period. At that time, his seniority date will be the one recognized at the time of hiring.
  • Unless otherwise specified, absences provided for under the Agreement or otherwise authorized by the University do not constitute a break in employment for the purposes of the Agreement.
  • In cases when service is not accumulated, the seniority date is adjusted accordingly.

13.2 One (1) time per year, on September 30, the University post the seniority list on the Human Resources Service's website for thirty (30) calendar days. An electronic copy of the list is sent to the Bargaining Unit president. Employees have thirty (30) calendar days after the list was posted, i.e. until October 30, to request a review of the seniority date indicated because of changes in their status during the past year and to present a grievance if they are not satisfied with the review or the denial of such of a review. The list includes, by order of seniority, the name of employees and the seniority date. When the parties have agreed to a change in the seniority list, this change will be included in the next list. However, following an agreement to that effect, the parties may correct the seniority list at any time in anticipation of the next posting.

13.3  Employees retain and accumulate seniority in the following cases:

  • an absence from work due to a workplace accident or occupational disease of less than twenty-four (24) months;
  • an absence due to disability not exceeding 119 calendar days of sick leave;
  • temporary assignment in a position excluded from the Bargaining Unit, up to a maximum of twenty-four (24) consecutive months;
  • an absence from work for permanent or elected union duties within the Union, to a maximum of twenty-four (24) consecutive calendar months;
  • absence from work for elected or non-elected union duties within the Bargaining Unit;
  • an absence from work for maternity or parental leave, for the total duration of the leave;
  • during lay-offs, until the call-back period is over.

13.4  Employees retain but do not accumulate seniority in the following cases:

  • any absence due to long-term disability lasting more than 119 calendar days which has been accepted by the insurer and for which the employee receives benefits or for employees on leave without pay due to illness in accordance with Article 27.18;
  • in the case of leave without pay to a maximum of twelve (12) calendar months that has been approved by the University.
  • temporary assignment in a position excluded from the Bargaining Unit, after twenty-four (24) consecutive months;
  • absence from work for elected union duties within the Union, beyond twenty-four (24) consecutive calendar months. After this period, the employee is considered to be on leave without pay without protection of position for the duration of his elected office;
  • receipt of severance pay in accordance with Article 18.14 or 18.15 by the employee, but who returns to a position in the Bargaining Unit within a period of six (6) months following the termination. However, during this period of six (6) months, the employee is not covered by the Agreement. Nevertheless, the employee will be considered as an internal candidate for all job postings in the Bargaining Unit.

13.5  Employees lose their seniority in the following cases:

  • termination, unless rescinded by the grievance and arbitration procedure;
  • resignation from or voluntary leaving of their regular position at the University;
  • retirement;
  • appointment in a position excluded from the Bargaining Unit;
  • when the call-back period is over when an employee has been laid off;
  • absence from work due to illness or injury beyond twenty four (24) months after the end of the one hundred and nineteen (119) calendar days of sick leave. Such periods may be extended by mutual consent of the Bargaining Unit and University. This clause is subject to the Parties' obligation under the Ontario Human Rights Code. Members on an approved Long Term Disability claim will be eligible for benefits under Article 43, Tuitions Exemption Policy, Sports Services, and access to Library services.
  • absence from work for non-elective union duties in the Union, beyond twenty-four (24) consecutive calendar months. This term does not apply to an employee who obtains a permanent regular position within the Union. In such case, it is an immediate termination of employment.