3.01

1. 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.
   
   
2. An employee may choose one preference for each of the following: shift,department and job. These preferences may be changed on a quarterly basis.
   
   At the beginning of each shift, within a department, employees scheduled to that shift and department will be assigned jobs by preference, seniority and qualifications, with seniority being the primary consideration.
   
   
3. At the beginning of a shift if a job is vacant it will be filled by the senior qualified employee, who will perform the tasks necessary for the duration of the time the job is required or until the completion of their regular shift. No other employees shall bump into that job after the vacant job is filled at the start of the shift.
   
   Notwithstanding the conditions above, in the case of overlapping warehouse shifts, at the beginning of the oncoming shift, if a scheduled warehouse employee is senior to an employee doing a job within the warehouse, he can invoke his seniority to do said job. If an employee decides to start prior to his regular starting time he cannot bump any employee until his regular starting time commences.

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 provided the employee is available for work on date of being recalled in the order of his seniority and in accordance with Article 3.06 [e].
   
   
3. Sickness or injury or transfer from one department to another.
   
   
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 members can be laid off.

STEP 2:       If further reduction of staff is necessary then 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.

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.
   
   An employee who has been absent without having notified the Company and received permission to be absent in advance where that is possible will not be scheduled for another shift prior to the same shift on the following day.
   
   
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 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 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. When an employee returns to work for an aggregate of thirty [30] days or less during his layoff period, the employee's period of layoff under this section shall be considered not to have been interrupted.
   
   
7. 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.
   
   
8. Notwithstanding [f] above, if an employee with less than one [1] year of seniority is laid off for six [6] consecutive months.

JOB FAMILIARIZATION

3.07      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 in accordance with Article 5. He shall thereafter be paid the job rate in accordance with Article 5. 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

3.08       Notwithstanding Article 3.01 [b], employees holding a position will be assigned first to that position, provided they have the seniority to make the schedule that day.

3.09       The man selected for a position or Class 1 driver job will be given sixteen [16] working shifts to prove his suitability or return to his former job on a voluntary or involuntary basis.

1. Notwithstanding the above, employees who are selected for a Class 1 driver job or the following positions: First Aid Attendant, Certification/Training Instructor and/or any other position mutually agreed to, will be required to hold the Class 1 driver job or position for no less than twelve [12] months, if the training for their driver's license or their certification was paid for by the Company in accordance with Article 5.14, 11.06 or 11.10 [c], unless by mutual agreement between the Company and the Union.
   
   
2. Employees absent from work, when a position becomes vacant, will be granted twelve (12) calendar days from the date the position becomes vacant to indicate their interest in filling the position. Those employees on leaves in excess of twelve (12) calendar days shall advise the Company in writing before commencing their leave of their interest in any position that may become vacant in their absence.
   
   
3. Employees holding a position must be willing to perform the job duties required by the position description in order to maintain the position.
   
   
4. Employees who want to try a job, outside of their position or driver job, will be given sixteen [16] working shifts or forty five (45) calendar days (whichever is completed first) in which to try the other job and determine if they wish to return to or relinquish their position or driver job. The employee will be provided with this opportunity no more than one [1] time per calendar year. When trying this job the employee will remain on the same work week as their position or driver job. Employees will not be released from their position or driver job, until a suitable replacement has been secured to backfill the vacancy created.
   
   
5. Employees holding a position are required to provide two [2] weeks notice of their intent to relinquish their position.

3.10       If after working in his new position the applicant finds himself involuntarily displaced, he shall be transferred back to the department from which he last transferred from, with no loss of his seniority rights.

3.11       In the event a position becomes vacant, a vacancy notice will be posted on the bulletin board specifying the type of vacancy, the position requirements, the shift and the work week or work days associated with the position.

3.12       In the event differences arise over which employee was selected to be given a trial to fill a vacant position the matter shall, within three [3] days after the said differences arises, be dealt with under the Grievance Procedure, starting with Step 3.

3.13       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

3.14       Overtime will be offered and assigned in the following manner:

1. Where overtime in positions is required, it will first be offered and assigned in order of seniority to employees holding those positions.
   
   
2. Overtime will next be offered and assigned in order of seniority to employees qualified to work.
   
   
3. Incremental overtime will be offered to senior qualified employees working in that department who are available.