JOB SECURITY

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COLLECTIVE AGREEMENT

Article 27

27.01 - Appointment to Regular Status

A full-time employee shall be appointed to regular status upon successful completion of the probationary period and be credited with seniority at least equal to the probationary period served.

PROBATIONARY PERIOD

27.02 A 1 - Completion of Probation

A full-time employee will be on probation until the completion of the probationary period. This shall be one year of continuous active employment for full-time employees employed after September 23, 2014.

27.02 A 2 - Extension of Probationary Period

The probationary period of an employee may be extended for up to one additional year where the College determines that the employee’s performance has not met expectations. The College shall provide a performance improvement plan to the employee. The plan shall specify the areas where improvement is needed and the supports and resources that the College will provide to the employee. The Union Local will be notified if an employee’s probationary period is extended.

27.02 B - Alternative Probationary Period

The probationary period for an employee shall alternatively consist of 12 full months of non-continuous employment (in periods of at least one full month each) in a 24 calendar month period. For the purposes of 27.02 B, a calendar month in which the employee completes 15 or more days worked shall be considered a “full month”.

If an employee completes less than 15 days worked in each of the calendar months at the start and end of the employee’s period of employment and such days worked, when added together, exceed 15 days worked, an additional full month shall be considered to be completed.

27.02 C - Active Employment

Active employment, for the purposes of the probationary period for an employee will include the vacation period and accumulated absences of less than 20 working days.

27.02 C - Employee Progress Notification

Active employment, for the purposes of the probationary period for an employee will include the vacation period and accumulated absences of less than 20 working days.

27.02 D - Employee Progress Notification

Active employment, for the purposes of the probationary period for an employee will include the vacation period and accumulated absences of less than 20 working days.

27.02 E - Release from Probation

A probationary employee may be released upon at least 30 calendar days’ written notice or pay in lieu thereof. If requested by the employee, the reason for such release will be given in writing.

27.02 F - Union Notification

The Union Local shall be advised of the date on which an employee completes the probationary period.

SENIORITY

27.03 A - Calculation of Seniority

The calculation of seniority for full-time employees whose service includes some work performed during certain periods shall be governed by the following:

(i) effective September 1, 1976, seniority shall include the period of 24 full months of non-continuous employment (in periods of at least one full month each) in a 48 calendar month period, for those who completed a probationary period on that basis since that date. For this purpose, only the period after September 1, 1975, shall be considered and no prior employment or calendar period shall be taken into account or credited.

However, an employee’s continuous service acquired in accordance with the provisions of the Agreement dated September 17, 1975, as at August 31, 1976, for the period back to September 1, 1975, shall count as continuous employment or months of non-continuous accumulated employment for the purpose of this provision;

(ii) for the purpose of (i), effective September 1, 1976, a calendar month in which the employee completes 15 or more days worked shall be considered a “full month”;

(iii) for the purpose of (i) and (ii), effective September 1, 1981, if an employee completes less than 15 days worked in each of the calendar months at the start and end of the employee’s period of employment and such days worked, when added together, exceed 15 days worked an additional full month shall be considered to be completed.

27.03 B - Previous Employment Seniority Credits

An employee who commenced full-time employment with the College directly from the College’s predecessor educational institutions shall be credited for the purpose of this Article with seniority equal to the employee’s continuous service in such predecessor institutions. Predecessor institutions of a particular College are institutions where programs previously offered by that institution were continued at the College, and the staff associated with those programs became employees of the College.

27.03 C - Seniority Accumulation

A full-time employee shall continue to accumulate seniority for the purpose of this Article while:

  1. in the College’s active employ;
  2. employed and absent through verified illness or injury;
  3. on a College-approved leave of absence for up to 24 months. Secondments are appointments to an employer or agency other than the College;
  4. on a College-approved leave of absence on an exchange program;
  5. on a College-approved professional development leave of absence;
  6. on a College-approved secondment for up to 24 months; or
  7. temporarily assigned within the College to a position outside the bargaining unit, for up to 24 months. A person may not combine such assignments to accrue greater than 24 months seniority under this section (7).

27.03 D - Loss of Seniority

Seniority shall be lost and employment deemed terminated if:

  1. an employee is discharged and is not reinstated through the grievance or arbitration procedure;
  2. a person is laid off for more than 24 months;
  3. an employee resigns or leaves the employ of the College;
  4. a person on lay-off fails to return to the College’s employ in accordance with the notice of recall. A person on lay-off shall not lose seniority and shall not be deemed to be terminated where the person is unable to return to the College’s employ, on one occasion only during the lay-off, where a notice of recall is of one month’s duration or less. It is understood that in such circumstances, the College and the employee may mutually agree to adjust the period of the notice of recall where educational and operational objectives so require;
  5. a person utilizes a leave of absence for other than the reason for which the leave of absence is given; or
  6. a person fails to return upon the completion of any leave of absence except for reasons satisfactory to the College.

27.03 E 1 - Seniority Continuation

A person who has been in a position that is now covered by the Agreement and has been or is assigned up to and including August 31, 1978, a position with the College outside the Agreement will be credited with and continue to accumulate seniority for the purpose of this Agreement while in the employ of the College.

27.03 E 2 - Proportional Seniority Credit

The timetable shall set out the schedule and location of assigned workload hours reported on the SWF, on a Timetable Form to be provided by the College, and a copy shall be given to the teacher no less than two weeks prior to the beginning of the period covered by the timetable, which shall be the same period as that covered by the SWF.

27.03 E 3 - Permanent Non-Bargaining Position

A person who is covered by the Agreement and is permanently assigned a position with the College outside the Agreement after August 31, 1978, will be credited with and maintain seniority as at the date of assignment for six years thereafter while in the employ of the College. Should such person be permanently assigned to a position outside of the bargaining unit, within six months following a temporary assignment within the College outside the bargaining unit, the seniority accumulated during the temporary assignment shall not be credited to the person.

27.03 E 4 - Entering/Re-entering the Bargaining Unit

Seniority credited pursuant to this Article can only be exercised once the person concerned has entered or re-entered the bargaining unit as the case may be.