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View the CUPE Local 133 Agreement - Niagara Falls, Ontario, Canada

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- 17 -<br />

12.09 Until an employee is so placed on a seniority list, he shall be known as a probationary<br />

employee who may not grieve regarding discharge provided that, at <strong>the</strong> request of <strong>the</strong><br />

Union, such a discharge will be discussed at a meeting to be arranged by <strong>the</strong> Human<br />

Resources Representative within five (5) days of <strong>the</strong> report.<br />

A casual or seasonal employee who becomes a permanent employee shall have seniority<br />

only from <strong>the</strong> date of commencing work as a permanent employee provided he has<br />

completed a trial period of sixty (60) working days. If such an employee reverts to <strong>the</strong><br />

status of a casual or seasonal employee before <strong>the</strong> completion of his trial period, his<br />

original seniority shall be reinstated.<br />

12.10 An employee shall be deemed to have terminated his employment and have lost his<br />

seniority rights for <strong>the</strong> following reasons:<br />

(a)<br />

(b)<br />

(c)<br />

(d)<br />

(e)<br />

(f)<br />

If <strong>the</strong> employee quits;<br />

After twenty-four (24) consecutive months of layoff;<br />

If <strong>the</strong> employee is discharged and <strong>the</strong> discharge is not reversed through <strong>the</strong><br />

Grievance Procedure;<br />

If an employee has been absent for five (5) consecutive days without having<br />

notified directly his foreman or supervisor, unless a satisfactory reason is given;<br />

If an employee is laid off and fails to return to work within five (5) days after<br />

being notified by registered mail to his last known address on <strong>the</strong> Corporation<br />

records to report to work;<br />

If an employee overstays a leave of absence granted by <strong>the</strong> Corporation in<br />

writing and does not secure an extension of such leave;<br />

(g) If an employee has not returned to work after an absence due to illness of two (2)<br />

years, <strong>the</strong> position vacated by that employee may be posted as a permanent<br />

vacancy.<br />

Notwithstanding clause 13.02 after this initial two (2) year period, when <strong>the</strong> employee<br />

is fit to return to work, he shall be placed in <strong>the</strong> first available vacancy for which he is<br />

qualified to perform <strong>the</strong> duties.<br />

12.11 Seniority shall not be considered as broken during:<br />

(a)<br />

(b)<br />

an absence due to illness; or<br />

while on leave of absence granted by <strong>the</strong> Corporation.<br />

12.12 (a) An employee promoted to a Corporation position outside <strong>the</strong> Bargaining Unit,<br />

ei<strong>the</strong>r in a temporary or permanent capacity, shall accumulate seniority under<br />

this Collective <strong>Agreement</strong> for a period of twelve months from <strong>the</strong> date upon<br />

which he assumed his new duties; such an employee on his return to <strong>the</strong><br />

Bargaining Unit shall, subject to Section 13.01, exercise his accumulated

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