3.01 Seniority is defined as the length of an employee's service with the Company, calculated as the elapsed time from the date he was first employed, unless his seniority was broken, in which event such calculation shall be from the date that he returned to work following the last break in his seniority.

3.02       Seniority shall not be considered broken by reason of:

1. Absence on leave when granted mutually by the Company and the Union.
   
   
2. Absence due to seasonal lay off providing the employee is available for work on date of being recalled in the order of his seniority (and referring to Article 3.06 [e]).
   
   
3. Sickness or injury.
   
   
4. Active service in the armed forces of the country.

LAY OFFS

3.03       Procedure regarding lay offs:

STEP 1:       Should it become necessary to reduce the regular working force, all permit card help must be discharged before any Union member can be laid off.

STEP 2:       If further reduction of staff is necessary then the employees shall be laid off in order of seniority as defined in Article 3.01 and 3.02, provided that the senior employee is willing and able to perform the work required of him and provided the employee has been given the opportunity to apply for job training. The last member hired shall be the first member laid off and so on in that order. No employee of the Company other than a member of the Union shall do the work of a journeyman while any Union member is laid off.

STEP 3:       When the Company institutes a temporary layoff, it shall provide as much notice to affected employees as is practicable given its operational requirements.

3.04       When staffs are augmented, employees will be recalled in order of their seniority.

3.05       Wherever possible all maintenance repairs and painting will be done by employees during the slack periods of the year.

LOSS OF SENIORITY

3.06       An employee will automatically lose his seniority and cease to be an employee of the Company for any of the following reasons:

1. If he quits;
   
   
2. If he is discharged for cause;
   
   
3. If he is absent from work for three [3] consecutive shifts without having notified the Company and received permission to be absent in advance where that is possible;
   
   
4. If he accepts gainful employment while on a granted leave of absence without the Company's and the Union's consent in writing;
   
   
5. If he has been laid off and fails to report for work within seven [7] days after written notice to report to work has been sent by registered mail to his last address registered with the Company; provided that when an employee is recalled to work and does not report within forty-eight [48] hours the Company may recall the next employee in line, but he is subject to being displaced if the first employee recalled does report within seven [7] days;
   
   
6. An employee with less than ten [10] years seniority will automatically lose his seniority and cease to be an employee of the Company in case of a layoff for a period of twelve [12] months. An employee with more than ten [10] years seniority will automatically lose his seniority and cease to be an employee of the Company in the case of a layoff for a period of eighteen [18] months. It is agreed that if an employee is not recalled from layoff for an aggregate of more than thirty [30] days then the employee's period of layoff shall be considered not to have been interrupted.
   
   
7. Notwithstanding [f] above, if an employee with less than one [1] year of seniority is laid off for six [6] consecutive months.
   
   
8. If an employee accepts a position with the Company outside the bargaining unit, he will lose his seniority if he does not return to the bargaining unit within ninety [90] calendar days of the date he left the bargaining unit. This period may be extended by mutual agreement.

SEPARATION PAY

3.07

1. A regular employee shall be entitled to separation pay as set out in sub-section [3] provided he has not been excluded by sub-section [2] and provided he meets any of the following eligibility provisions:
   
   
   1. If he is terminated for a reason other than set out in sub- section [2];
      
      
   2. If he is laid off and on any date during his layoff the hours scheduled for him during the previous twelve [12] consecutive months were less than fifty [50%] percent of normal full time hours provided he is not eligible for any Company or Government pension or for benefits under the Company's insured Weekly Indemnity or Long Term Disability Plans;
      
      
   3. In special cases where a laid-off employee appears to have little prospect of recall to regular work within a period of six [6] months he may request immediate termination and separation pay, and with the concurrence of the Company and the Union this may be granted notwithstanding the eligibility clause in [b] above;
      
      An employee eligible for a separation payment hereunder must apply for it not later than six [6] months after he first becomes eligible therefore, otherwise his right to such payments may be cancelled.
      
      Notwithstanding the above, if the Company permanently discontinues an operation, an employee laid off as a result thereof must apply for and shall receive any separation pay to which he is entitled without waiting the six [6] month period.
   
   
2. Notwithstanding Sub-section 3.01, an employee shall be excluded from separation pay eligibility if:
   
   
   1. He quits;
      
      
   2. He is terminated for just cause;
      
      
   3. He is terminated under Section 3.06 of this Collective Agreement;
      
      
   4. He has been terminated because of specific direction or decree from any Government authority, which has the effect of curtailing any of the Company's operations, unless:
      
      
      1. The direction or decree is the result of an illegal act committed by the Company or one of its representatives, or
         
         
      2. The direction or decree purports to change the method of beer retailing within the Province;
         
         
   5. He has been laid off because of any act or war or hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God;
      
      
   6. He is laid off and has arranged with the Company to take leave of absence without pay for a specific period in lieu of his layoff;
      
      
   7. He is in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workers Compensation Act;
      
      
   8. He is entitled to receive any pension under the Company or Government Pension Plan.
      
      
3. The amount of the separation payment of an eligible employee shall be equal to one [1] week's base earnings (computed on the basis of his hourly rate in effect as of time of layoff) multiplied by the number of his completed years of seniority (as used for vacation entitlement) as of the last day he actively worked in the Bargaining Unit.
   
   
4. If an employee applies for and accepts a separation payment hereunder, his employment is terminated and his seniority and other rights under the Collective Bargaining Agreement are cancelled.
   
   

JOB FAMILIARIZATION

3.08      Pursuant to the provisions of Article 2, when a new person is employed he shall;

1. If a member of the Union be deemed to be on a job familiarization basis for the first forty-five [45] days worked from the day he started with the Company. Such job familiarization period will be for the purpose of determining the employee's suitability for employment. During such period he shall be paid the job rate specified herein for the work he is doing;
   
   
2. If not a member of the Union but skilled in the job category for which he is employed, be deemed to be on a job familiarization basis for the first sixty [60] days worked from the date he started with the Company. Such job familiarization period will be for the purpose of determining the employee's suitability for employment. During such period he shall be paid the job rate specified herein for the work he is doing;
   
   
3. If not a member of the Union and not skilled in the job category for which he is employed, be deemed to be on a job familiarization basis for the first sixty [60] days worked from the day he started with the Company. Such job familiarization period will be for the purpose of determining the employee's suitability for employment. Such new person shall be paid the permit card rate for the first sixty [60] days worked. He shall thereafter be paid the job rate in accordance with Article 5 of this agreement.
   
   
4. During the job familiarization period the person may be dismissed provided the reason for such dismissal is given to the Union in writing. The Company agrees, however, that an employee is entitled to a fair and reasonable opportunity to learn the job.

SENIOR PREFERENCE FOR ADVANCEMENT

3.09       Whenever a job vacancy is created the Company shall post a standard notice on the bulletin board in each department for at least five [5] consecutive working days. Interested employees who wish to apply to fill such vacancy will complete a form, provided by the Company, as application for the posting; the form shall be a two-part form, containing one copy to be retained by the applicant and one copy to be submitted as application.

3.10       Any employee covered by this Agreement may apply in this manner and the vacancy shall be filled on the basis of seniority provided the employee has the merit and ability.

3.11       The man selected will be given a reasonable trial period to prove his suitability. He will have the right to return to his former job within thirty [30] days.

1. For employees absent from work for a period of thirty [30] calendar days or more, the Company shall contact the employee to inform them of a posting vacancy so he may apply for the position. Where the Company is not able to contact the employee, a registered letter will be sent to their last address on file, to inform them of the posting vacancy. The employee will have seven [7] days from receipt of the registered letter to advise the Company of their application for the posting.

3.12       If, after working on his new job, or in his new department the applicant finds the job has been discontinued, or for other reasons, he shall be transferred back to the department from which he last transferred, and he shall retain all his seniority rights.

3.13       The standard application form to be used for posting on the bulletin board shall specify the type of job vacancy, outline of work required, and specify the job's regular starting time. Regular starting time may only be changed pursuant to Article 4.

3.14       In the event differences arise which cannot normally be settled as to which of the applicants should be given a trial to fill the posted vacancy the matter shall, within three [3] days after the said difference arises, be dealt with under the Grievance Procedure, starting with Step 3.

3.15       Employee's who by reason of physical deficiency are required to transfer from their present department will retain their Company seniority. In all cases where it is necessary to transfer an employee for this reason, the Company and the Union will mutually decide on the department to which the employee will be transferred.

SENIORITY RESPECTING OVERTIME

3.16       Subject to the efficient operation of the Company, it is agreed that in the event it is necessary to work overtime in any department, men shall be acquired in the order of their seniority within the department to do such overtime work. Incidental overtime occurring at the end of a shift shall be offered to those employees working on the shift in the department concerned in order of their seniority firstly, to those employees working on the shift in other departments secondly, and then to employees not on shift.