LOCAL 701 Agreement 2007-2010

ARTICLE VIII    SENIORITY

Section 8.1. Definition.

Seniority is defined for the purpose of this contract as the length of time an employee of the bargaining unit has been continuously working in the bargaining unit defined in Article II of this Agreement. Seniority is applied to certain rights an employee may have relative to other employees in the bargaining unit such as the order of reduction in workforce and recall.

Section 8.2. Temporary Employees, Apprentices.

Employees hired on a temporary basis shall not accumulate seniority for any purpose under this Article. In the event that a temporary employee's status is changed to regular, full-time status, without a break in service, he shall be credited with all appropriate seniority retroactive to his first day of employment in the bargaining unit. Apprentices shall accumulate no seniority under this Article; however, upon qualifying as a journeyman, the employee shall be credited with appropriate seniority retroactive to his first day of employment in the bargaining unit.

Section 8.3. Seniority Accumulation.

Seniority shall continue to accumulate during:

1. absences caused by illness or injury;
2. absence for military service to the extent provided in the Military Leave Act, (Uniformed Services Employment and Reemployment Rights Act) as amended;
3. absences for which the employee is paid such as vacation, sick leave, jury duty, etc.;
4. any period of temporary transfer upon assignment by the University.

Section 8.4. Seniority Retention.

Seniority shall be retained but shall not accumulate during:

1. leaves of absence approved by the University in writing;
2. temporary layoffs due to lack of work, subject to loss of seniority pursuant to Section 5 of this Article;
3. the period that an employee serves in a supervisory position following promotion, not to exceed the length of the employee’s accumulated seniority or for a period of three (3) years whichever is shorter.

Section 8.5. Loss of Seniority.

All accumulated seniority shall be lost and the employment relationship shall be terminated when an employee:

1. resigns or retires;
2. is discharged for cause;
3. is absent for three (3) consecutive workdays without notifying the University of a reasonable excuse therefor;
4. fails to return from a University-approved leave of absence, unless the employee furnishes an acceptable excuse;
5. fails to report for work within ten (10) days after notice of recall following a temporary layoff. The requirements for notification to return to work shall be considered satisfied if the University makes such request by certified mail to the last address on record provided by the employee;
6. is laid off for a period equal to his length of seniority accumulated immediately prior to the date of layoff or for a period of three (3) years, whichever is the shorter.
   

Section 8.6. Layoff Procedure.

In the event of a reduction in force resulting in the displacement of employees, probationary employees working within the affected classification(s) shall first be laid off. If further reduction is necessary, non-probationary employees shall be displaced from each classification affected in order of seniority accumulated therein, least senior employee first. The University agrees to provide at least two (2) weeks written notice preceding any reduction in force resulting in the layoff of any bargaining unit member.

For purposes of this Section, the classification of Instrument Designer and Maker, and Instrument Designer and Maker - Working Foreman shall be the same.

Section 8.7. Recall Procedures.

In the event of an increase in the work force following a reduction, laid off employees shall be recalled to their regular job classification in accordance with seniority, most senior laid off employee first. If no employees are laid off or remain laid off, employees transferred to other vacancies in lieu of layoff shall be recalled to fill any vacant position in their former classification.

Section 8.8. Displacement of Employees.

An employee displaced due to reduction in force may use his accumulated seniority to displace the least senior employee in his or a lower classification provided he has more bargaining unit seniority than the employee he seeks to displace. Employees seeking to displace other employees pursuant to this Section must have the skill and ability to perform the work of the position sought. An employee displacing another employee in a lower classification shall receive not less than the beginning rate for the lower classification and in no case shall he receive a higher rate than that he was receiving in his previous position.

Section 8.9 - Layoff Severance Option.

Laid off employees may elect to receive a service-based severance payment in lieu of being placed pursuant to the provisions of this Agreement, provided they have completed five (5) years of service. Eligible employees who elect severance shall be eligible for a lump-sum payment equal to one (1) week of pay for every year of service, with a maximum payment of thirty-five (35) weeks. Such employees shall be ineligible to apply for vacancies and may make application to the University only after the time period for which they receive severance payment has lapsed. In the event the laid off employee is rehired by the University after the period of ineligibility, such employee’s seniority date shall commence on the first day of continuous service in the new position.

Section 8.10. Job Posting.

In the event that a vacancy develops in a job classification covered by this Agreement, such vacancy shall first be filled by recalling employees as described in Section 7 of this Article. Non-probationary employees in the bargaining unit desiring promotion to such vacancy may apply during the period of posting in accordance with the University’s application procedure.

The University shall bring to the attention of its employees new positions and vacancies in existing positions by posting these positions for a period of at least seven (7) working days except when emergency conditions require such vacancies to be filled within a shorter period of time. Such notices shall identify the vacant job by a special I.D. number and show the name of the department, location of the job, the title, working hours, the rate of pay, the date the job needs to be filled and the date applications for the job will be closed.

As between two (2) or more qualified applicants, bargaining unit employees will be given first consideration for the vacancy. Where applicants are bargaining unit members and skill and ability is relatively equal, primary consideration shall be given to seniority.

For purposes of this Section, seniority shall be computed as equal to an employee's length of continuous service within the bargaining unit covered by this Agreement.

Nothing herein shall be construed as requiring the University to fill a vacancy with an employee who is not qualified to perform the available work satisfactorily; nor shall the University be precluded from hiring new employees to fill such vacancy in the event no qualified employees apply. Any employee who applied for and is assigned to fill a vacancy in another shop unit may, within thirty (30) days thereafter, be re transferred by the University or may elect to return to his former job displacing the employee, if any, who replaced him.

Section 8.11. Steward.

The University and the Union recognize that continued cooperation between them, can be effectively enhanced by the presence, on the job, of a Union representative. Accordingly, a single steward may be designated in writing by the Union from employees within the bargaining unit. For the purposes of Section 7 of this Article only, the steward shall be the last employee to be displaced from his regular job classification in the event of a reduction in force within his classification provided, further, that the steward must be capable of satisfactorily performing the available work.

Section 8.12. Seniority List.

The University shall maintain records and on the first of January each year post on the employees bulletin board a list of employees in the bargaining unit with the dates of their last continuous employment with the University.