Local 73 Agreement

ARTICLE 7 - 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 seniority of each employee consists of his/her relative tenure with respect to other employees in his/her classification and occupational group within his/her respective department. An apprentice mechanic or engineer employee shall accumulate seniority, for all purposes other than that of shift choice, in the appropriate journeyman classification from the beginning date of apprenticeship; provided, however, that such seniority is applicable only within his/her operational section.

Notwithstanding the provisions of Section 7.7 and 7.8, seniority shall be determined by the length of the employee's service in his/her classification, occupational group, and operational section and except where work is comparable shall not be on a Department-wide basis. Seniority shall accumulate from the first day of employment in the employee's occupational group or special skill, but no employee shall be entitled to benefits of seniority until s/he has completed one-hundred twenty (120) days service at the University.

Section 7.2

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. during other leaves of absence approved by the University in writing for a period of one (1) year or less,
   
   
4. when an employee is rehired within thirty (30) days following resignation or discharge.

Section 7.3

Accumulated seniority shall be lost when:

1. an employee resigns or retires,
   
   
2. an employee is discharged for just cause,
   
   
3. an employee is absent for three (3) consecutive workdays without notification to the University of the reason for the absence, unless the employee is unable to notify the University due to extenuating circumstances,
   
   
4. an employee fails to return from a University-approved leave of absence,
   
   
5. an employee fails to report for work within ten (10) days after s/he or she has been requested to return to the same or a comparable job within the bargaining unit following a temporary lay-off.

Section 7.4

An employee who is promoted within the bargaining unit or accepts a University position outside the bargaining unit shall continue to retain his/her seniority in his/her previous classification and occupational group for a period of sixty (60) calendar days on or after the effective date of his/her new position. However, should s/he return to his/her previous classification within sixty (60) calendar days of the effective date of the new position, s/he shall not during sixty (60) days following the date of his/her return exercise his/her seniority so as to interrupt or supersede already selected schedules for vacation, holidays or leaves. The preceding restriction shall not apply to employees involuntarily transferred.

Section 7.5

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 7.6

A temporary employee who is retained by the University for more than one-hundred twenty (120) calendar days shall be made a regular University employee unless an extension of the period of temporary employment is agreed to by both the Union and the University. Such employees shall be subject to the provisions provided in Article 6 of this Agreement on the 31st day of employment.

Whenever temporary employees are accepted as regular employees, their seniority shall commence with the last date of hiring as temporary employees, and they shall accrue sick leave and vacation benefits beginning from that date, provided there has been no break in service exceeding seven (7) calendar days. No other benefits shall be retroactive, but shall become effective as of the date of change from temporary to regular employee.

Section 7.7

In operational sections (Shops) that have more than one (1) fixed shift, the senior one-half (1/2) of employees in any classification shall have choice of shift. Such choice shall not be exercised more than once in any twelve (12) month period and shall take effect as of the first pay period in July. An employee seeking to exercise such choice must notify management not less than thirty (30) days in advance of the effective date.

Management will have the ability to move an employee, when deemed necessary, to a shift not of the employee's choice, for a period required to cover a specific need. Such changes will be limited to up to three (3) periods; where each period is not to exceed ten (10) work days, with an overall total of thirty (30) work days within any calendar year.

When operations require that an employee be transferred to a new operational section (Shop), the University will first solicit volunteers from the affected classification(s). Should no volunteers exist, the University will transfer the least senior qualified employee. During such transfer, the employee shall retain, in the new shop, his/her operational section (Shop) seniority accrued in his/her former operational section (Shop).

Section 7.8 - Layoffs

1. In the event of a reduction in force. Probationary employees shall first be displaced from the occupational group and classification affected in order of seniority accumulated therein. If further reduction is necessary, non-probationary part-time employees shall be displaced based upon accumulated seniority in the affected job classification. If further reduction is necessary, non-probationary full-time employees shall be displaced based upon accumulated seniority in the affected job classification.
   
   Non-probationary employees so displaced shall be given the opportunity by the University to displace other employees as follows:
   
   
   1. A part-time employee may displace the least senior part-time employee within the same classification elsewhere in the bargaining unit provided his/her seniority exceeds that of the employee s/he seeks to displace, or if s/he is unable to do so, s/he shall be given the opportunity to displace the least senior part-time employee in a lower-rated classification within the same occupational group.
      
      
   2. A full-time employee may 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. If s/he is unable to do so, s/he shall be given the opportunity to displace the least senior employee, whether full-time or part-time, in a lower-rated classification within the same occupational group, 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 anywhere in the bargaining unit.
   
   
3. Except in case of emergency, the University shall provide the Union and the affected employee not less than one (1) week's written notice of any layoff.
   
   
4. Any employee laid-off pursuant to Paragraph A of this Section 7.8 shall be given consideration for transfer to any existing University vacancy outside this bargaining unit for which s/he possesses the necessary qualifications as determined by the University, except where prohibited by other bargaining unit agreements. University of Chicago Hospitals Skilled Unit employees on lay off shall have preferential consideration as identified in Section 10.4.

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 employees hired in the open market.

Section 7.9 -

The University agrees to compile and to furnish to the Union a list showing for each department, the job classification, University Service Date, Occupational Group Seniority Date, Operational Section Date, and Classification Seniority Date of each employee, effective February 1, and to furnish new seniority lists to the Union annually thereafter. The University agrees to furnish to the Union, on a bi-monthly basis, (monthly, as soon as possible) a list showing all personnel transactions relative to new hires, promotions, transfers, leaves of absence, temporary employment and terminations.