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ARTICLE 10 – SENIORITY |
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SENIORITY Article 10 10.03 - Calculation of Seniority 10.08 - Training Opportunities (a) Newly-hired employees who do not successfully complete the initial 120 day working day probationary period may be terminated. (b) Employees shall receive written confirmation of the results of their probationary period. 10.02 - Seniority Carry-over (a) For those persons who were employees of the B.C. Ferries Division on December 31, 1976, and who became employees of the British Columbia Ferry Corporation on January 1, 1977, all service with the Public Service prior to January 1, 1977, shall be deemed to be service with the Company. (b) For those persons who were regular crew members of the MV North Island Princess on December 31, 1976, and who transferred to the Company prior to December 31, 1978, with no break in their continuous service prior to transfer date, unbroken service with the Public Service shall be deemed to be service with the Company. (c) For those persons who were employees of the Ministry of Transportation and Highways n September 30, 1983 and September 30, 1985, and who became employees of the British Columbia Ferry Corporation on October 1, 1983 and October 1, 1985 respectively, unbroken service with the Public Service shall be deemed to be service with the Company. Unbroken service includes time worked as an auxiliary employee, calculated in accordance with clause 8.04. 10.03 - Calculation of Seniority
I. Service Seniority (a) An employee shall accrue service seniority from the first day of work for which pay is received. Service seniority shall include: 1. service with the Company under clause 10.02; 2. leaves of absence with pay; 3. leaves of absence without pay; i) for Union business; ii) for a Union position; iii) for education leave, and all other leaves of less than 30 calendar days; iv) for apprenticeship training courses; 4. time on STIIP or a WCB claim; 5. all time on parental, maternity or adoption leave; 6. deferred salary leave. (b) Where a tie in service seniority occurs, payroll numbers shall be the deciding factor.
II. Seniority in Excluded Positions (a) An employee accepting a position which is of a permanent nature outside of the bargaining unit shall retain the right to return to his/her former position within 120 working days from the date of his/her appointment. (b) An employee temporarily substituting into an excluded position shall continue to accrue seniority. (c) An employee returning to the bargaining unit from an excluded position shall have that time counted for seniority purposes if the employee was previously a member of the bargaining unit. 10.04 - Seniority List (a) The Company shall maintain seniority lists for all employees. The list for regular employees shall show the employee’s present classification together with the employee’s service seniority and, where applicable, group seniority date. The list for casual employees shall show the employee’s point of assembly and service seniority date. (b) Four copies of an up-to-date seniority list shall be provided to the Union office annually. Two copies of each relevant section of the seniority list shall be provided to each vessel or work unit. One copy shall be posted on the notice board, with the second retained by the appropriate supervisor. (c) The seniority list shall be published January 15 of each year. (d) An employee who wishes to grieve his/her seniority date and placement must do so by April 15 following the January publication. An unchanged seniority date and placement cannot be re-challenged on substantially the same grounds. (e) The employee’s pay office file shall be the authoritative document from which seniority is established. 10.05 - Re-employment A regular employee who resigns his/her position and within 30 days is rehired by the Company as a regular employee shall be granted a leave of absence without pay covering those days absent, and shall retain all rights and provisions in relation to seniority and other fringe benefits, provided s/he has not withdrawn his/her Pension contributions. 10.06 - Postings (a) Vacancies that are posted under this section shall be filled within sixty (60) days of completion of the posting period. This period may be increased with the approval of the Union, which approval shall not be unreasonably denied. (b) Regular vacancies that are to be filled shall be posted on the bulletin board(s) and electronically on the Company website for a period not less than seventeen (17) calendar days. (c) Term Certain vacancies of ninety (90) consecutive calendar days or more that are to be filled shall be posted on the bulletin board(s) and electronically on the Company’s website for a period of not less than seventeen (17) calendar days. (d) The Company maintains the right to determine the make-up of its workforce, including whether a vacancy exists. That is, if it has sufficient employees (casuals) available at a specific location, it may elect to utilize them or if it does not have sufficient employees, it may elect to either hire new employees (including seasonal workers) or post for regulars or term certains. (e) Postings shall contain the following information: 1. Nature of position; 2. Duration of the position; 3. Duties required; 4. Required qualifications and ability; 5. Whether shift work is involved; 6. Wage rate; 7. Closing date. (f) The Company shall provide copies of all job postings to the Union. (g) A regular or term certain employee who attends a job interview during what would otherwise be his/her regularly scheduled working hours shall suffer no loss of regular pay. (h) An employee who is offered and accepts a posted position shall not be eligible to accept another posted position for a period of six (6) months from the date of acceptance, unless the position is a promotion, career development position, or otherwise by mutual agreement of the Company and the Union. (a) Posted vacancies for all supervisory positions and Grade 9 or higher positions, or as otherwise agreed to by the parties, shall be filled based on seniority, qualifications and suitability, with seniority prevailing unless a difference in required qualifications and suitability is shown. In the event that the Company selects a junior applicant, the Company shall bear the onus of showing a difference in qualifications and suitability between the applicants. Posted vacancies shall be filled in the following sequence: 1. intra terminal transfer, 2. voluntary lateral transfer, 3. bargaining unit applicants (b) Posted vacancies in all other bargaining unit positions shall be filled on the basis of seniority provided the employee to be appointed has the required qualifications and abilities. Posted vacancies shall be filled by the senior employee with required qualifications and abilities in the following sequence: 1. intra terminal transfer, 2. bargaining unit applicants (c) In the application of seniority, group seniority will apply for officers and service seniority for all other employees. (d) An employee must successfully complete a 120 working day trial period during which his/her performance shall be evaluated against established performance standards. This period may be served during substitution, casual, or regular or term-certain appointment. It is understood that time worked though substitution may account for up to 90 working days of the trial period. An employee who does not satisfy the requirements of the trial period shall be returned to his/her former position or employment status without loss of seniority and all other affected employees shall be returned to their former position or employment status without loss of seniority. (e) The Company shall post on the bulletin board(s) and electronically on the Company’s website a “Notice of Appointment” for all appointments made to posted positions. (f) The Company shall provide the Union with the required qualifications, abilities and suitabilities associated with each job classification covered by the Collective Agreement. Where the Union objects, its objections shall be limited to whether the qualifications, abilities and suitabilities established by the Company are relevant and reasonable. 10.08 – Development Opportunities (a) The Company may identify local or fleet-wide training opportunities for anticipated operational needs or development opportunities. Such opportunities shall be posted to allow interested employees to apply. (b) Employees shall be selected for training opportunities based on meeting the qualifications, availability, ability, and suitability requirements as determined by the Company, in order of seniority. (c) Upon successful completion of the training, employees deemed capable are eligible to substitute or be appointed. 10.09 - Job Relocation (a) In the event that an employee’s job is transferred to another location and the employee refuses to transfer, s/he shall, at his/her option, revert to casual status at the point of assembly of his/her choice with full service seniority or terminate and take severance benefits. (b) Applicants for lateral transfer must have worked in their present location for not less than one year. (c) Transfer expenses shall be paid by the Company to regular employees who occupy positions within pay grade 9 or greater upon promotion or if an employee accepts a transfer under (a) above. (a) Positions which are to be filled by substitution shall be filled in the following order: 1. the senior qualified employee within the affected work unit(s); 2. the senior qualified employee within the point of assembly, provided that this does not result in additional cost to the Company; 3. through casual recall. (b) For purposes of substitution, seniority means the following: 1. Group Seniority, for those covered by the Group Seniority Schedule under clause 32.01. 2. Service seniority, for all others. (c) For purposes of substitution, employees temporarily assigned to a watch or shift shall be considered part of that watch or shift. (d) Employees shall have the right to refuse substitution, except as defined in their job descriptions. Employees who have accepted training and/or education at the Company’s expense shall be required to substitute into positions they are capable of performing. (e) When an employee declines substitution for any assignment, s/he shall not be entitled to claim substitution for that assignment until that assignment is completed. Substitution cannot be claimed if the employee is not available when the substitution is required on a daily basis. (f) It is understood that substitution shall not be required when there is a Staffing Pool/ASTO Relief employee of the appropriate classification available.
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