9.01 Seniority Defined
(a) Seniority means the number of hours worked, exclusive of overtime, since the Employee’s date of hire. Seniority shall not apply during the probationary period; however, once the probationary period has been completed, seniority shall be credited back to the Employee’s date of hire.
(b) In addition to Article 9.01(a), Employees on standby shall be credited with seniority as follows:
(i) all call in/back hours
(ii) Hours on Standby = Hours of Seniority
In no case shall an Employee accumulate annual seniority in excess of full-time hours (1728).
9.02 Accrual of Seniority
Seniority shall accrue during:
(a) Sick leave, including time on Employment Insurance sick benefits, Income Replacement Benefits, or Long Term Disability.
(b) Unpaid leaves of absence up to and including one hundred and sixty-eight (168) work hours in a calendar year.
(c) Hours absent while receiving benefits from the Worker’s Compensation Board.
(d) Temporary out-of-scope positions with the Employer not to exceed twelve (12) months unless extended by mutual agreement with the Union.
(e) Bereavement Leave, Pressing Necessity Leave, Family Responsibility Leave, Medical Care Leave.
(f) Jury duty and court service.
(g) Vacation leave.
(h) Leave for elected Public Office.
(i) Union Leave.
(j) All Maternity, Paternity, Adoption or Parental Leaves.
(k) Education leave up to twenty-four (24) months.
(l) If an Employee’s hours of work are reduced due to a disability, full-time Employees shall maintain their pre-disability accrual rate.
Other-than-full-time Employees shall accrue seniority as follows:
(i) For those who have worked one (1) year or more:
Paid Hours in Previous 52 Weeks = Seniority Hours Per Week of Leave
(ii) For other than full-time Employees who have worked for less than one (1) year:
Paid Hours = Seniority Hours Per Week Leave
Number of Weeks of Employment
9.03 Maintenance of Seniority
Seniority shall be maintained, but not accrue, during:
(a) Period of layoff in excess of one (1) month.
(b) Suspension for discipline.
(c) Unpaid leaves of absence over one hundred and sixty-eight (168) work hours in a calendar year.
(d) The probationary period in a permanent out-of-scope position.
9.04 Loss of Seniority
An Employee shall lose all seniority if the Employee:
(a) Terminates employment.
(b) Is discharged for cause.
(c) Fails 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 layoff, unless in either case the Employee can show a justifiable reason for failure to report to work.
(d) Is a Casual Employees who have not accepted a shift for a period of nine (9) months exclusive of approved leaves of absence, sick leave, WCB or DIP.
9.05 Seniority List
The Employer shall maintain a seniority list showing the date upon which each Employee’s service last commenced, including total seniority hours up to January 31st of each year. An up-to-date seniority list shall be posted in places accessible to all Employees by March 1st of each year, with a copy to the Union. The seniority list shall be open for correction for a period of thirty (30) days from the date of posting.