Seniority Clauses In Collective Bargaining Agreements

Often, to determine seniority, the period of service only begins when a worker completes a trial or trial period. The collective agreement may have specific rules, in which case such provisions answer the question. For example, many agreements assume that a worker absent for more than three days without leave has terminated his or her job. The right not to be disciplined without fair reason during certain trading periods will be enforceable through an arbitration of appeals. The erection can also be very important when it comes to determining who should be fired. Usually in collective agreements, a rule is that if a layoff is necessary, employees are chosen in the reverse order of seniority. The last employees are therefore the most likely to be laid off. It`s a « last-in, first out » rule. If, in a given department or job, there is a surplus of workers that requires the dismissal of a service, that manager may indeed have the oldest rights that allow him to work a young employee, even if he works in another department.

This process of an employee with more seniority, which supersedes a junior employee, is called « bumping ». The scope of shooting rights should be clearly addressed in the collective agreement, although many collective agreements on the exact procedure are unclear. Collective agreements are very different as to whether a worker should take a leave of absence, when to be taken and how it is intended. At least most agreements require employees to take at least two weeks off per year. Many rights in a collective agreement are based on the seniority of an employee. For more information on collective agreements, visit the Ministry of Labour, Training and Skills Development website. For federal affairs, see the Government of Canada`s public sector collective agreements website. The length of seniority is approximately the length of service an employee has. However, certain periods cannot be attributed to an employee`s seniority, although they are included in the time of service. Yes, for example. B, an employee is promoted to a management position and then returns to the bargaining unit, some or all of the management period cannot be attributed to the employee`s seniority, although it is part of the employee`s period of service.

The seniority rule can be applied either on a bargaining unit-wide basis, or on a departmental or classification basis. An employer must prove that it leaves or disciplines an employee after certification. An employer is also required to prove a single reason in which it terminates or disciplines a worker after the start of a legal strike or lockout. In both cases, protection from the right basic situation remains up to six common rights found in most collective agreements: in most cases, a consultant can only know with a general knowledge of the results of the many past cases, which is only a reason to support a specific disciplinary decision.