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HSAS & North East EMS: April 1, 2017 to March 31, 2026

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ARTICLE 10 – SENIORITY

10.01     Seniority Defined

               (a)     Seniority means the number of hours worked, exclusive of overtime, and all hours as set out in Article 10.03 that an employee has accumulated while working from the most recent date the employee commenced employment with North East EMS. Seniority shall not apply during the probationary period, however, once the probationary period has been completed, seniority shall be credited from the most recent date of commencement.

               (b)     In addition to Article 10.02(a), employees on standby shall be credited with seniority as follows:

(i)     All call in/back hours (1 for 1)

(ii)     3 Hours on Standby = 1 Hour of Seniority

                (c)     In no case shall an employee accumulate annual seniority in excess of 1820 hours.

10.02     Accrual of Seniority

Seniority shall continue to accrue during:

                (a)     Sick leave including time on employment insurance sick benefits, Income Replacement Benefits under the Automobile Accident Insurance Act, Long-Term Disability, or Short-Term Disability.

                (b)     Unpaid leaves of absence up to and including one hundred and sixty (160) work hours (approximately equivalent to cumulative leaves totaling four (4) weeks if full-time) 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)     Any paid leave.

                  (f)     Jury duty and court service.

                  (g)     Vacation leave (whether paid or unpaid).

                  (h)     Leave for elected Public Office.

                  (i)     Union leave, up to the first twelve (12) months.

                  (j)     All maternity/paternity/adoption/parental leave.

                  (k)     Education leave, up to the first twelve (12) 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.

For casual and part-time employees, the calculation of their accrued seniority under the above provisions shall reflect their weekly average, either on the basis of the last fifty-two (52) weeks (or since the start of their employment if less than fifty-two (52) weeks have been worked), using the seniority credit calculations outlined in 10.01 above.

10.03     Maintenance of Seniority

Seniority shall be maintained, but not accrue (meaning their date of hire shall be adjusted in full week increments), during:

                (a)     Period of lay-off in excess of one (1) month.

                (b)     Unpaid leaves of absence over one hundred and sixty (160) work hours in a calendar year (approximately equivalent to cumulative leaves totaling four (4) weeks if full-time).

                (c)     The probationary period in a permanent out-of-scope position.

                (d)     Suspension for discipline.

                (e)     Period of approved education leave in excess of twelve (12) months to a maximum of twenty-four (24) months.

10.04     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 expiration of a leave of absence (including vacation leaves and other leaves provided for in this Agreement) 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 acceptable to the Employer for failure to report to work;

                  (d)     Is on lay-off from North East EMS for more than twelve (12) months;

                  (e)     Is a casual employee and has not worked a minimum of eighty (80) hours, including standby hours as calculated in Article 10.01(b)(ii), in the preceding one hundred and twenty (120) calendar days exclusive of approved leaves of absence;

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

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

10.05     Seniority List

The Employer shall maintain a seniority list showing the date upon which each employee’s service last commenced and including total seniority hours up to December 31 of each year. An up-to-date seniority list shall be posted in places accessible to employees by February 1st of each year, with a copy to the Union. The seniority list shall be open for review and correction for a period of thirty (30) days from the date of posting.

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