ARTICLE 10 - SENIORITY

10.02 - Seniority Carry-over

10.03 - Calculation of Seniority**

              I. Service Seniority

              II. Group Seniority

          III. Seniority in Excluded Positions

              GROUP SENIORITY SCHEDULE **

10.04 - Seniority List

10.05 - Re-employment

10.07 - Appointment Procedure**

10.08 - Appointment Schedule Positions**

10.09 - Assessment Appointments**

10.10 - Training Opportunities

10.11 - Job Relocation**

10.12 - Substitution**

10.01 Probationary**

(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 Corporation.

 

(b) For those persons who were regular crew members of the MV North Island Princess on December 31, 1976, and who transferred to the Corporation 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 Corporation.

 

(c) For those persons who were employees of the Ministry of Transportation and Highways on 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

Corporation. Unbroken service includes time worked as an auxiliary employee, calculated in accordance with clause 8.04.

 

10.03 - Calculation of Seniority**

In the application of seniority for appointments, the sole factor shall be group seniority for those covered by the Group Seniority Schedule under clause 32.01 and service seniority for all others.

 

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 Employer under clause 10.01;

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. Group Seniority

(a) An employee shall accrue group seniority from the date of appointment as a regular employee to a position within the group lists defined in the Group Seniority Schedules.

(b) When an employee is demoted, his/her group seniority shall include all time in the higher group, in addition to his/her original group seniority in the lower group.

(c) Upon reinstatement to the higher group, the employee shall be credited with all previous seniority in that group.

(d) Where a tie in group seniority occurs, service seniority shall be the deciding factor.

 

III. 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.

 

GROUP SENIORITY SCHEDULE **

1. DECK

Group C Deckhand with W/K Mate Certificates or higher, with seniority commencing on date of availability of the certificate to the Employer.

2. ENGINEERING

Group G Engine Room Assistants holding Fourth Class Motor Certificates or higher, with seniority commencing on date of availability of the certificate to the Employer.

 

10.04 - Seniority List

(a) The Employer 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 Employer 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 superannuation contributions.

 

10.06 - Postings**

(a) The parties recognize that it is essential for the Corporation to employ the best workforce possible, recruited and selected through valid, equitable and open processes.

 

(b) All vacancies that are to be filled for positions in the bargaining unit shall be posted on all appropriate bulletin boards on the 1st and/or 3rd Wednesday of each month for a period of 14 calendar days. Exceptions shall be those filled in accordance with the Return to Work Program. Local Human Resources offices shall accept and acknowledge receipt of advance applications and shall keep those applications on file for no longer than 60 days. Where vacancies arise, relevant advance applications on file shall be reviewed.

 

(c) The notice of postings shall be forwarded electronically and by mail for posting on all appropriate bulletin boards and shall contain the following information:

1. Nature of position;

2. Duties required;

3. Selection criteria;

4. Whether shift work is involved;

5. Wage and salary range;

6. Point of assembly;

7. Duration of position;

8. Closing date;

9. Designated employer representative to whom application must be made.

 

(d) Qualifications and selection criteria shall not be established in an arbitrary or discriminatory manner.

 

(e) The Employer shall provide copies of all job postings to the Union offices as part of the normal posting distribution.

 

(f) An employee who has been called for an interview or to be assessed shall suffer no loss of regular pay and shall have his/her authorized expenses paid.

 

10.07 - Appointment Procedure**

(a) Appointments made pursuant to clause 10.07 and 10.08 shall be made in the following sequence of priority:

1. intra-terminal transfer;

2. senior qualified employee.

 

(b) Notwithstanding (a) above, appointments made to classifications listed in the Group Seniority Schedule, with the exception of those classifications in Group C and Group G, shall be made in the following sequence of priority:

1. intra-terminal transfer;

2. voluntary lateral transfer;

3. senior assessed employee.

 

(c) Where an appointment(s) is grieved, the Employer shall retain a sufficient number of vacancies to cover the number of grievor(s), where the grievor(s) would have sufficient seniority to be appointed. The grievor(s) shall be entitled to identify the point of assembly to which s/he wishes to be appointed if his/her grievance is upheld, based on his/her

seniority. Vacancies in excess of the number of grievor(s) may be filled immediately. The following are examples:

1. There are ten vacancies and ten applicants. There is one grievor who is fifth in seniority relative to the other applicants. The Employer is entitled to fill four vacancies with the four most senior qualified applicants. The grievor identifies his/her preferred point of assembly and the Employer retains this vacancy. The Employer then fills the remaining five vacancies with qualified applicants who possess less seniority than the grievor. A total of nine appointments are made with one vacancy remaining open.

2. There are five vacancies and six applicants. There is one grievor. This grievor possesses less seniority than the other applicants. The Employer is entitled to fill all five vacancies immediately.

 

(d) The Employer shall post on all appropriate bulletin boards a "Notice of Appointment" for all appointments made through the Return to Work Program or filled pursuant to the posting procedures within seven calendar days of a selection being made. The notice shall state the position filled, the name of the appointee and his/her seniority information.

 

10.08 - Appointment Schedule Positions**

(a) Appointments to positions listed in the Appointment Schedule shall be made on the basis of seniority provided the applicant is qualified for the position.

 

(b) All appointments to positions within the Appointment Schedule shall be subject to a 120 working day probationary period. The probationary period shall be served as follows:

i) each time an employee is appointed to an individual classification as listed below in the Appointment Schedule;

ii) when an employee is appointed to one or more positions in a classification series, as listed below, the probationary period shall be served on a classification series basis by the employee working in any position within that series;

iii) all days worked in an individual classification or classification series, as applicable, shall be credited for this probationary period.

 

(c) An employee who has not completed his/her classification or classification series probationary period, shall be returned to his/her former position, and any other employee hired, promoted or transferred because of the appointment shall be returned to his/her former position.

 

(d) Employees applying for positions within the Appointment Schedule shall advise the Employer in writing of the position within the Appointment Schedule and the point of assembly to which they wish to be appointed. The designated excluded representative shall confirm in writing that the employee is qualified and has been included on the

appropriate list or shall advise the employee as to why s/he does not meet the requirements.

 

Individual Classifications

Deckhand

Deckhand/Hostler

Catering Service Worker

Engine Room Assistant

Ticketing Attendant

Labourer

Trades Helper

Dock Repair Worker

Technical Storeperson 1

Draughtsperson

Yardsperson

Partsperson

Bar Steward 1

Night Steward

Craft Rating

Customer Service Attendant

Assistant Food Services Supervisor

HSC Cleaner/Driver

Equipment Operator

 

Galley Helper, Clerk 2 and Stockperson 2 may be base positions

**An employee completing the probationary period as a Coffee Shop Attendant or Third Cook shall also be required to complete 60 days probation in the position of Coffee Shop Supervisor or Second Cook, as applicable.

Classification Series

F.P.T.A. – Ticket Agent

Catering Attendant –Buffet Attendant –Cashier 1

Cashier 2 – Cashier 3

Coffee Shop Attendant – Coffee Shop Supervisor**

Cleaner 1 – Cleaner 2

Stockperson 1 – Stockperson 2 – Stockperson 3

Clerk Steno 1 – Clerk Steno 2

Clerk 1 – Clerk 2

Clerk Typist 1 – Clerk Typist 2

Driver 1 – Driver 2

B.S.W.1 – B.S.W. 2

Terminal Attendant 1 – Terminal Attendant 2

Galley Helper – Pantry Person

Third Cook – Second Cook

APPOINTMENT SCHEDULE POSITIONS**

10.09 - Assessment Appointments**

(a) Employees wishing to be assessed must submit a written request.

 

(b) Applicants shall be assessed against established and published selection criteria which describe the education, experience, knowledge and abilities required to perform the duties of the position to the standard set by the Employer.

 

(c) Applicants shall be notified of the results of their assessment within three weeks of completion of the assessment.

 

(d) To be eligible for substitution, regular or term-certain appointments to a position, an employee must be assessed as fully meeting all selection criteria for that position. Those not successful in this process shall not be eligible for appointment or substitution. Seniority shall be governed by clause 10.03.

 

(e) Employees shall be eligible for substitution or appointment, in order of seniority, if they are assessed as fully meeting all selection criteria.

 

(f) Assessments shall be conducted at least every six months for the following job groups: Fleet Engineering, Deck, Terminal and Catering. Two months prior to upcoming assessments in the four job groups mentioned above, a fleet-wide notice, which advises employees of the assessments, shall be issued.

 

(g) Assessments shall be conducted as required for the following job groups: Trades and Program Administration/Support. Where a vacancy is posted within any of these job groups, an employee may apply to be assessed at that time. An assessment shall be scheduled to allow the employee to be considered for appointment to the vacancy.

 

(h) Notwithstanding (g) above, once per calendar year, the Employer shall canvas employees in order to identify those who wish to be assessed in the job groups of Trades and Program Administration/Support. Those employees who identify themselves, and who are senior to employees who have already been assessed, shall be entitled to be assessed.

 

(i) Selection criteria shall not be altered after the date of notice for assessments.

 

(j) When the Employer provides pre-assessment briefing materials to applicants for assessment, all applicants for the same assessment shall receive the same materials.

 

(k) Assessment scheduling shall take employee travel considerations into account.

 

(l) An employee assessed as fully meeting all selection criteria for a position must then successfully complete a 120 working day probationary period during which his/her performance shall be evaluated against established performance standards. This period may be served during substitution, regular or term-certain appointment or any combination of the foregoing. Where an employee is promoted prior to completion of the probationary period noted above, s/he must, on appointment to a new position, successfully complete a 120 working day probationary period for the new position. This 120 working day probationary period for the new position may be served during substitution, regular or term-certain appointment or any combination of the foregoing.

 

(m) If an employee does not successfully complete the probationary period, s/he shall:

1. no longer be eligible for substitution in the position;

2. not be eligible for appointment to the position;

 

(n) Employees shall receive written confirmation of the results of their probationary period. If an employee who does not successfully complete the probationary period has already been appointed, s/he shall be returned to his/her former position, and any other employee hired, promoted or transferred because of the appointment shall be returned to his/her former position.

 

(o) Where an employee has been unsuccessful in the first assessment attempt for a position, s/he shall be reassessed within three months only against those selection criteria which s/he did not fully meet.

 

(p) Thereafter, an employee who is unsuccessful in his/her subsequent assessment attempt(s) for the same position shall be fully assessed against all selection criteria.

 

(q) If the employee is not successful in his/her subsequent assessment attempt(s), in accordance with (p) above, or in completing the probationary period, re-application for assessment will be considered at the next available assessment opportunity following the receipt of the notification.

 

(r) An employee who has not successfully completed the probationary period, shall be fully assessed against all selection criteria in his/her subsequent assessment attempt(s) for the same position.

 

10.10 - Training Opportunities

(a) The Corporation may identify training opportunities for anticipated operational needs. Such opportunities shall be posted to allow interested employees to apply.

 

(b) Selection criteria shall be established for each training opportunity. Employees shall be selected for the opportunities based on fully meeting the training opportunity selection criteria, and in order of seniority.

 

(c) Upon successful completion of the training, employees are eligible to substitute or be appointed.

 

10.11 - 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 Employer upon promotion or if an employee accepts a transfer under (a) above.

 

(d) Lateral transfer expenses shall be paid by the Employer for employees holding positions listed on the Group Seniority Schedule (other than Group "C" and "G") who have worked at their present location for not less than two years.

 

10.12 - Substitution**

(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 Employer;

3. through casual recall.

 

(b) For purposes of substitution, seniority means the following:

i) Group Seniority, for those covered by the Group Seniority Schedule under clause 32.01,

ii) Group C seniority, for Deckhands with Watchkeeping Mate Certificates or higher, from the date of availability of the certificate to the Employer,

iii) Group G seniority, for Engine Room Assistants with Fourth Class Motor Certificates or higher, from the date of availability of the certificate to the Employer,

iv) 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.

 

(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 employee of the appropriate classification available.