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HSAS & Canadian Blood Services: March 1, 2017 to March 31, 2022

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ARTICLE 12 – SENIORITY

12.01      (a)      Seniority for regular full-time, regular part-time, temporary full time, and temporary part- time Employees for the purpose of this Collective Agreement is defined as service with the Employer commencing with the date of hire.

(b)      For casual Employees whose status changes to regular full time, regular part-time, temporary full time, or temporary part-time, “seniority date” shall be established by dividing all regular hours worked since their most recent date of employment in the bargaining unit by one thousand, nine hundred and fifty (1,950) and converting the result to a seniority date.

(c)      Where date of hire is the same, the employee whose birthday (i.e. month and day) falls earlier in the year will be considered more senior.

12.02      Seniority will be used in determining:

(a)      preference of vacation time, as set out under Articles 14.05 and 14.06 (a)

(b)      layoffs and recalls, as set out in Article 24;

(c)      subject to Article 13.03, promotions, and transfers within the bargaining unit.

12.03     (a)      The Employer shall post on the Association bulletin board at the Blood Services Centre and provide the Association on or about March 1 of each year with a listing of the Employees in order of seniority as at December 31″ in accordance with the provisions of Article 12.01. This listing shall be provided monthly if there are Employees on layoff.

(b)      An Employee may question an inaccuracy of their seniority within thirty (30) calendar days of the posting of such list. Where the matter is not resolved within ten (10) working days, an individual grievance may be initiated at Step 1 of the grievance procedure.

(c)      The Association may question an inaccuracy within thirty (30) calendar days of receiving such list. Where the matter is not resolved within twenty (20) working days, an Association policy grievance may be initiated at Step 2 of the grievance procedure.

12.04     Seniority shall not apply during the probationary period; however, once the probationary period has been completed seniority shall be credited as provided in Article 12.01.

12.05      Maintenance of Seniority

Seniority shall be maintained, but not accrue, during:

(a)      period of lay-off in excess of one month;

(b)      unpaid leaves of absence in excess of thirty days;

(c)      the probationary period in a permanent out-of-scope position;

(d)      temporary positions in other bargaining units with the Employer not to exceed twelve (12) months unless extended by mutual agreement with the union.

12.06      Loss of Seniority

An Employee shall lose all seniority if they:

(a)      terminate employment;

(b)      are discharged for just cause;

(c)      fail to return to work immediately following the termination of a leave of absence or within fourteen (14) days from receipt of notification by the Employer to return to work following a lay-off, unless in either case the Employee can show a justifiable reason for failure to report to work;

(d)      are on lay-off for more than 12 months (as per 24.05 d);

(e)      fill any position not within the scope of this agreement on a temporary basis exceeding 12 months, unless mutually agreed otherwise;

(f)      work exclusively in a permanent out-of-scope position and successfully completes the probationary period.

(g)      Loss of seniority shall result in the termination of an Employee.

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