3.01 - Seniority Defined
Seniority shall be based on the number of hours worked or compensated monthly from the date he/she was first employed, unless his seniority was broken, in which event such calculation shall be from the date he returned to work following the last break in his seniority.

For the purposes of this Section, compensated hours include all hours worked (including time worked in premium positions - e.g. tours, lead hand, first aid), sick leave, Statutory holidays, vacation, W.I., L.T.D., WCB, paid leave or leave for Union business.

Unless mutually agreed to the contrary, seniority will accumulate within the Mission Hill Wine Store classifications for employees hired.

The first eighty (80) hours for training and/or orientation will not count towards the calculation of seniority.

3.02 - Absences Relating to Seniority
Absence due to seasonal layoff, which does not exceed twelve (12) months duration and for which no termination pay was received, shall not be regarded as a break in seniority service. Recurring unavailability of an employee will be discussed by the Plant/Management Committee, and may result in dismissal of the employee.

3.03 - Loss of Seniority
An employee will lose his seniority and cease to be an employee of the Company for any of the following reasons:

(a) Discharge for just cause.

(b) Voluntary resignation of the employee.

(c) Retirement in accordance with the Company's retirement policy.

(d) Failure to return to work within the week from the date of original notice to do so sent to the last address as shown by Company records and Union's records. Copy of such notice to be given to the Union.

(e) Continuous layoff for a period exceeding one calendar year or if the employee takes severance pay. The continuous period will not be adjusted for employees that work 30 shifts or less during this one calendar year period.

(f) Notwithstanding (e) above, an employee who was hired after April 1, 1998 and is laid off for thirteen (13) consecutive weeks in their first year of employment with the Company. This clause may only be used once.

(g) If he accepts gainful employment while on a granted leave of absence without the Company's and the Union's consent in writing.

(h) If he fails to return to work within three (3) working days from any leave of absence, or if he is unable to do so, submit suitable reason to the Company accompanied by written proof, if required.

(i) Employees who are promoted from the bargaining unit into a Company position shall have the right to return to their former job without loss of seniority for up to ninety (90) working days from the date of promotion. After ninety (90) working days, they shall forfeit all seniority rights.

3.04 - Layoff Procedure
Layoff will be by the Mission Hill Wine Store classification with the least senior employee being laid off first.

3.05 - Reduction of Premium Functions Back to Mission Hill Wine Store Classification
Reductions of employees holding a premium position (e.g. tours, lead hand, first aid) back to the Wine Store Classification will be done on the basis of the number of hours that employees have accumulated in the premium position that needs to be reduced, with the person that has the least amount of time in the position being reduced first.

3.06 - Recall
Employees other than those being recalled for premium positions will be recalled from layoff on the basis of Mission Hill Wine Store seniority.

Recall of laid off employees to premium position will be done on the basis of their seniority within the position at the time of layoff.

3.07 - Layoff Notice and Severance
The Employer will attempt to provide as much notice as possible to an employee being laid off.

Full time employees that are laid off will not be entitled to severance pay. Severance pay will only be applicable in cases where there is a closure of operations and the employee’s service is terminated.

Technological changes will be in keeping with Section 54 of the Labour Relations Code of B.C.

In determining severance payments for employees in a closure situation, the employee’s total straight time hours will be divided by 1500 to determine his/her number of years service. The following will be observed in determining the appropriate severance amount:

YEARS OF SERVICE            SEVERANCE PAY

One but less than two      Two weeks

Two but less than three    Three weeks

Three but less than four   Four weeks

Four but less than five    Five weeks

And so on for each subsequent year of service employees with fifteen years service shall accrue an additional three days.

An employee may at any time during the layoff take his severance allowance or continue in such status until his layoff exceeds twelve (12) months and then take his severance pay but, in both cases, he ceases to be an employee of the Company when the severance allowance is paid.

3.08 - New Employees: Probation Period
All new Mission Hill Wine Store and Tours employees to be on a probationary period for three hundred and fifty (350) hours. If an employee is dismissed during the trial period, the employee will receive in writing specific reasons for such dismissal and a copy of this dismissal will be provided to the Union.

3.09 - Job Posting
Job’s in the Mission Hill Wine Store and Tours staff area will be posted for a period of five (5) calendar days. A copy of the posting will be provided to the Union Steward and the Union Committee two (2) days prior to the posting date. Other employees of the Company outside the Mission Hill Wine Store or Tours staff group may not post on these positions but may be considered by way of a new employee application form.