Carewest 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 by two thousand twenty-two decimal seventy-five (2,022.75), earned since the person started performing work of a paramedical professional nature.
   3. For someone 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 by two thousand twenty-two decimal seventy-five (2022.75) earned since the person started performing work of a paramedical professional nature. For those Employees employed as at March 27, 1997, Letter of Understanding Re: Article 28.01 - Seniority shall govern.
   4. Subject to the provisions of Article 44.12, a Regular or Temporary Employee who changes their status to a Casual Employee and at a future date changes back to a Regular or Temporary Employee status will have their original seniority date recognized, provided there has been no break in service with the Employer.
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 subject to 21.05(g);
   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 twenty-four (24) 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.

5. A current seniority listing shall be forwarded by the Employer to the Union.

   1. upon request by the Union; or
   2. prior to the Employer serving layoff notice to a Regular Employee within the bargaining unit.

   Unless otherwise agreed by the Employer, requests for seniority listings as specified in Article 28.04(a) shall be limited to two (2) in each calendar year.