3.01 - Definition

1. Seniority is defined as the length of an employee's service with the Company, calculated by accumulating the number of hours worked or compensated monthly from the date he/she was first employed, unless his/her seniority was broken, in which event such calculation shall be from the date that he/she returned to work following the last break in his/her seniority.
   
   For the purposes of this section, compensated hours include all hours worked, sick leave, statutory holidays, vacation, WI, LTD, WCB and any paid leaves, or leaves for Union business granted by the Company and/or the Union.
   
   
2. Seniority service records for purpose of permanent layoffs 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 layoff, providing the employee reports to work within seven (7) days after written notice to report has been sent by registered mail or courier to his/her last address registered with the Company; provided that when an employee is recalled to work and does not report the Company may recall the next employee in line, but he/she is subject to being displaced if the first employee does report within seven days. Shop Steward to be notified of recall.
      
      
   3. Sickness or injury.
      
      
   4. Active service and/or reserve services in the Armed Forces of the Country.
   
   
3. Procedure Regarding Layoffs and Recalls:
   
   Step 1
   Should it become necessary to reduce the regular work force, all probationary employees must be laid off before any Union members shall be laid off. If a probationary employee is terminated, a reason will be given in writing to the Union.
   
   Step 2
   All layoffs shall be made impartially and in strict order of seniority provided the senior employee is willing and able to perform the work required of him/her at the classified rate for the said job. The last man/woman hired shall be the first laid off, and so on in that order.
   
   Step 3
   When staffs are augmented after layoff, members shall be returned to work on the basis of seniority, the member with the greatest seniority being returned and so on, in that order, providing he/she meets the qualifications for the position.
   
   Step 4
   Employees laid off shall receive their record of employment as soon as legally required.
   
   
4. Loss of Seniority
   
   An employee will lose his/her seniority and cease to be an employee of the Company for any of the following reasons:
   
   
   1. Discharge for just cause.
      
      
   2. Voluntary resignation of the employee.
      
      
   3. Retirement.
      
      
   4. Failure to return to work within five (5) working days from the date of original notice to do so sent to the last address as shown by the Company records by registered mail. A copy of such letter is to be given to the Union.
      
      
   5. Continuous layoff for a period exceeding one (1) calendar year.
      
      
   6. If he/she fails to return to work within five (5) working days from any leave of absence, or if an employee is unable to do so, submit satisfactory evidence to the Company for such inability; or
      
      
   7. If he/she accepts a position with the Company outside the Bargaining Unit he/she will lose his/her seniority if he/she does not return to the Bargaining Unit within sixty (60) days.
      
      
   8. If he or she fails to report to work when called on five (5) or more occasions, in any twelve (12) month period, unless mutually agreed.
      
      
   9. If he/she is absent from work for five (5) consecutive working days without having received prior permission from the Company where that is possible to do so.

3.02 - Job Postings

Whenever there is a vacancy for a specialized position, such as Brewer's Assistant, the Company will post a notice for at least five (5) working days soliciting the names of employees who wish to apply. The position will be filled by the Retail Store employee who has the most seniority, willingness, incentive, merit and ability. In addition, the efficient operation of the Company will be given due consideration.

3.03 - Seniority Respecting Overtime

Subject to the efficient operation of the Company, it is agreed that in the event it is necessary to work overtime, employees who are working and are capable of doing the work required will, in order of their seniority, be asked first to perform such overtime work.

3.04 - New Employees

1. Pursuant to the provisions of Article 2 hereof, when new persons are employed they shall be deemed to be on a trial basis for the first three hundred sixty (360) hours worked from the day they started with the Company. Such trial period shall be for the purpose of determining the employee's suitability for employment. During such period the employee shall be paid the probationary rate. In the event an employee is dismissed during his/her trial period, the reasons shall be given to the Union in writing.
   
   
2. Once a new employee has completed their three hundred sixty (360) hour trial period, the Company shall deduct from the employee's cheque, an initiation fee in an amount set by the General Executive Board of the Union. Said initiation fee will be forwarded to the Union along with the Union dues, and the Company will list the names of the person paying the initiation fee

3.05

1. When a new employee successfully completes the three hundred sixty (360) hour probationary period, the employee shall become entitled to the benefits and other provisions of the Collective Agreement.
   
   
2. An employee who does not work a total of thirty (30) full or part shifts in a twelve (12) month period shall automatically lose their seniority and employment shall be terminated.

3.06 - Restriction of Hours

1. Employees who restrict their hours to less than sixteen (16) hours per week unless mutually agreed otherwise, shall lose their entitlement to benefits under Article 10.
   
   
2. Employees must indicate in writing their availability. Employees may change their availability not more than twice in a calendar year.