Local 134 Agreement

ARTICLE VII    SENIORITY

Section 7.1.

It is the desire and intent of this Article to preserve the principle and policy that job security shall be commensurate with length of continuous service. The University reserves the right, nevertheless, to determine if the employee concerned possesses other relevant qualifications such as physical fitness, ability, training, skill, etc., to fill the position. The question of whether the University has been arbitrary or capricious in such determination shall be subject to the grievance procedure.

The seniority of each employee consists of his/her relative tenure with respect to other employees in his/her classification. Seniority shall accumulate from the first day of employment in the employee's classification, but no employee shall be entitled to benefits of seniority until s/he has completed ninety (90) calendar days service at the University.

Seniority shall continue to accumulate:

1. during absences, caused by illness or injury incurred in the course of employment equal in length to the employee's seniority standing immediately prior to the occurrence of the illness or injury, but not to exceed a maximum of two (2) years.
   
   
2. during absence for military service to the extent provided in the Military Leave Act, (Uniformed Services Employment and Reemployment Rights Act), as amended.
   
   
3. other leaves of absence approved by the University in writing for a period of one (1) year or less.
   

An employee's accumulated seniority with the University shall be lost when the employee:

1. resigns, retires or is discharged for cause, and is not rehired within thirty (30) calendar days,
   
   
2. is absent for three (3) consecutive working days without notification of the reason for the absence to the University or violation of departmental call-in procedures, unless the employee has a reason acceptable to the University for not furnishing such notifications.
   
   
3. fails to report to work within ten (10) calendar days after s/he has been requested to return to the same or comparable job within the bargaining unit following a temporary lay-off.
   
   
4. fails to return from a University-approved leave of absence.
   

Employees temporarily laid-off due to lack of work shall, for a period equal to the length of their accumulated seniority immediately prior to the date of layoff to a maximum of two (2) years, retain seniority accumulated to the date of layoff and shall subject to the provisions of this Agreement during that period be rehired in order of seniority before new applicants. The University accepts no responsibility to rehire such laid-off employee on a preferential basis after one (1) bona fide offer of a comparable job within the bargaining unit. After this offer, it shall be the responsibility of the laid-off employee to seek employment with the University through regular channels and procedures. The recall notice obligation to an employee on layoff shall be considered fulfilled when the University sends the laid-off employee such notice by certified letter to the last address provided by the employee, with a copy to the Union.

An employee promoted to the supervisory staff or who bids upon and accepts another position at the University, inside or outside of this bargaining unit, shall continue to retain his/her seniority in his/her previous classification and occupational group for a period of one (1) year after the effective date of his/her new position. However, should s/he return to his/her previous classification within one (1) year of the effective date of the new position, s/he shall not during one (1) year following the date of his/her return exercise his/her seniority so as to interrupt or supercede already selected schedules for vacation, holidays or leaves. The preceding restriction shall not apply to employees involuntarily transferred.

Any employee selected as an officer or delegate of the Union shall be allowed reasonable time off for the performance of such Union duties without loss of seniority rights but without pay.

Section 7.2. Layoffs.

1. In the event of a reduction in force within the unit and/or department, probationary employees shall first be displaced from the classification affected in order of seniority accumulated therein. If further reduction is necessary, non-probationary part-time employees shall be displaced from the classification affected in order of seniority accumulated therein. If further reduction is necessary, regular full-time employees shall be displaced from the classification affected in order of seniority accumulated therein.
   
   Regular employees so displaced shall be given the opportunity by the University to displace the least senior employee, whether full-time or part-time, within the same classification elsewhere in the bargaining unit provided his/her seniority exceeds that of the employee s/he seeks to displace.
   
   In no event shall an employee displace another pursuant to this section unless s/he is fully capable of performing the work of the employee s/he seeks to displace.
   
   
2. A former full-time employee that accepted part-time work because of a reduction in force shall be reinstated to full-time status should a full-time position become vacant in his/her classification.
   
   
3. Except in case of emergency, the University shall provide the Union and the affected employee not less than two (2) weeks written notice of any layoff.
   

Section 7.3.

Whenever temporary employees are accepted as regular employees, their seniority shall commence with the last date of hiring as temporary employees, provided there has been no break in service exceeding seven (7) calendar days. A temporary employee who is retained by the University for more than ninety (90) calendar days shall be made a regular employee unless an extension of the period of temporary employment is agreed to by both the parties. An employee who becomes a regular employee under the provisions of this Section shall have a seniority date corresponding to his/her beginning date as an employee and shall accrue sick leave and vacation benefits beginning from the date. No other benefits shall be retroactive, but shall become effective as of the date of change from temporary to regular employee.

The University agrees to compile and to furnish to the Union a seniority list effective February 1, and to furnish a new seniority list to the Union annually thereafter.