CapitalCare Collective Agreement 2020-2024

Article 28: Seniority

1.  
   1. For Regular or Temporary Employees, seniority with the Employer starts on the date on which the Employee commenced employment in the bargaining unit.
   2. For Casual Employees whose status changes to Regular or Temporary, the “seniority date” shall be established by dividing their contiguous hours earned since the person started performing work of a paramedical professional or paramedical technical nature by two thousand and twenty-two point seven five (2022.75).
   3. For an Employee subsequently determined by the Labour Relations Board (or agreed to by the parties) as being in the bargaining unit, the seniority date shall be established by dividing their contiguous hours earned since the person started performing work of a paramedical professional or paramedical technical nature by two thousand and twenty-two point seven five (2022.75).
2. Seniority shall not apply during the probationary period; however, once the probationary period has been completed seniority shall be credited as provided in Article 28.01.
3. Seniority shall be the determining factor in:
   1. preference of vacation time;
   2. layoffs and recalls, subject to the qualifications specified in Article 30;
   3. promotions and transfers within the bargaining unit subject to the qualifications specified in Article 29.
4. Seniority shall be considered broken, all rights forfeited, and there shall be no obligation to rehire:
   1. when an Employee resigns or is terminated from their position with the Employer; or
   2. upon the expiry of twelve (12) months following layoff during which time the Employee has not been recalled to work; or
   3. if an Employee does not return to work on recall to their former classification and Full-Time equivalency in accordance with Article 30.03.
5. The Employer shall provide the Union a listing of the Employees in order of seniority in accordance with the provisions of Article 28.01 within two (2) months of the signing of this Agreement, in January and July of each year thereafter, or monthly if there are Employees on lay off. Such seniority list shall include the Employee names, classification, status, site/program, and seniority date.  The Employer shall make the list available to all Employees.
6. Seniority Tie-Breaker
   Where two (2) or more Employees have the same seniority date seniority ties will be broken by Employee number with the lower number given seniority.