Seniority Clauses In Collective Bargaining Agreements

The age rule can be applied either on the basis of a bargaining unit or on the basis of a department or classification. For more information on collective agreements, visit the website of the Ministry of Labour, Training and Skills Development. For federal affairs, we refer to the Government of Canada`s website on collective agreements for the public sector. Many rights in a collective agreement are based on the age of a worker`s business. Seniority is approximately the seniority of an employee. However, some periods cannot be deducted from an employee`s seniority, although they are seniority. For example, when an employee is promoted to a management position and subsequently returns to the bargaining unit, some or all of the duration of management may not be taken into account in the employee`s seniority, although it is part of the employee`s seniority. Seniority can also be very important when it comes to determining who should be fired. In collective agreements, the general rule is that, when dismissal is necessary, employees are chosen in reverse order of the age of the company. Employees most likely to be recruited are therefore the most likely to be laid off. This is a “last in, first out” rule. The collective agreement may have specific rules, in which case these provisions answer the question.

For example, many agreements stipulate that a worker who is absent for more than three days without leave is considered complete. In the event of a surplus of employees in a given department or job, which requires the dismissal of a person of company age, that manager may indeed have rights based on seniority which allow him to take over the work of a member of the junior staff, even if the latter works in another department. This process, in which an employee with more seniority supplants a junior staff member, is referred to as “bumping”. The scope of dumping rights should be clearly defined in the collective agreement, although the exact procedure is not clear in many collective agreements. Collective agreements are very different as to whether a worker should take leave, when it should be taken and how it is planned. Most agreements require employees to take at least two weeks of leave per year. The right not to be disciplined without reasonable reason during certain negotiation periods will be enforceable by arbitration proceedings. Often, seniority for the purpose of establishing seniority begins only when a worker has completed a probation or probation period. Collective agreements address many employment issues, such as rates of pay, health care and occupational safety. .