The seniority of an individual at any time
(subject to the other Sections of this Article 14) shall be:
14.1(a) The amount of seniority he/she had immediately
prior to the effective date of this Agreement, calculated in accordance with
the Collective Bargaining Agreement between the parties dated September 2,
2002; plus
14.1(b) The time after such effective date that he/she
is on the active payroll of the Company within any bargaining unit to which
this Agreement relates; plus
14.1(b)(1) for employees on the
active management (supervisory) payroll of the Company on September 1, 1999,
the time before or after the effective date of entry onto such payroll,
provided he/she has at some previous time worked within any such unit
(including any preceding variation of any such unit) and provided further that
this Subparagraph will not affect the seniority of those in any such unit
(including those on layoff or leave of absence from any such unit) on such
effective date; plus
14.1(b)(2) for employees promoted to the active management
(supervisory) payroll of the Company on or after September 2, 1999, a
cumulative total of five (5) years spent on such payroll following such
effective date, provided he/she has at some previous time worked within any
such unit (including any preceding variation of any such unit); provided
further that this Subparagraph will not affect the seniority of those in any
such unit (including those on layoff or leave of absence from any such unit) on
such effective date; and provided further that this Subparagraph shall not
apply to employees temporarily promoted to such payroll or promoted to such
payroll for purposes of staffing a joint program (such employees to continue to
accrue seniority in accordance with Section 14.1(b) above); plus
14.1(b)(3) time lost by reason of industrial injury,
industrial illness, or jury duty; plus
14.1(b)(4) time on leave of absence
granted for the purpose of serving in the Armed Forces of the
14.1(b)(5) time spent on authorized leave of absence for
Union business; plus
14.1(b)(6) time spent on leave of
absence granted by the Company for the purpose of permitting an employee to
engage in activities requested by the Company; plus
14.1(b)(7) time spent on authorized
leave of absence granted because of pregnancy or to cover periods of nonindustrial injury or illness, not to exceed one (1) year
during any such period; plus
14.1(b)(8) the first ninety (90) days of any other authorized
leave of absence; plus
14.1(b)(9) time on disability retirement from any such unit
provided the employee qualifies to return to the active payroll under the
provisions of Section 22.18(f); plus
14.1(b)(10) time on layoff from any such unit not to exceed,
in each instance:
(a) A period of eight (8) years for employees
with five (5) or more years of seniority at time of layoff if the layoff
occurred after September 11, 2001 and prior to September 11, 2004 (less time on
leave under Subparagraphs 14.1(b)(7) and 14.1(b)(8) where such leave
immediately precedes such layoff;
(b) A period of seven (7) years for employees
with five (5) or more years of seniority at time of layoff (less time on leave
under Subparagraphs 14.1(b)(7) and 14.1(b)(8) where such leave immediately
precedes such layoff);
(c) A period of five (5) years for employees with
three (3) or more but less than five (5) years seniority at time of layoff
(less time on leave under Subparagraphs 14.1(b)(7) and 14.1(b)(8) where such
leave immediately precedes such layoff);
(d) A period of three (3) years for employees
with one (1) or more years but less than three (3) years seniority at time of
layoff (less time on leave under Subparagraphs 14.1(b)(7) and 14.1(b)(8) where
such leave immediately precedes such layoff);
(e) A period of one (1) year for employees with less than one (1) year
seniority at time of layoff (less time on leave under Subparagraphs 14.1(b)(7)
and 14.1(b)(8) where such leave immediately precedes such layoff).
An individual who has accumulated seniority
under the provisions of this Article 14 when transferred from one Primary
Location (or Remote Location thereof) to another Primary Location (or Remote
Location thereof) shall retain such seniority.
14.3(a) An individual shall lose seniority rights for the following
reasons:
14.3(a)(1) Resignation.
14.3(a)(2) Discharge for cause.
14.3(a)(3) Failure to respond with
his/her acceptance within seven (7) regular workdays after dispatch by courier
or certified mail, return receipt requested, of a recall from layoff unless
such period is extended by the Company if such recall is to a job that he/she
must accept under the applicable provisions of Article 22 or lose
seniority. However, if such an employee,
who otherwise would retain his/her seniority except for the provisions of this
Section 14.3(a)(3), contacts the Company in writing within thirty (30) calendar
days of his/her seniority loss, his/her seniority will be reinstated and he/she
will be placed on the Category A roster in seniority order for prospective
purposes.
14.3(a)(4) Failure to report for work within five (5)
workdays after acceptance or on such later date as may be designated by the
Company.
14.3(a)(5) Layoff for a period in
excess of eight (8) years for employees with five (5) or more years of
seniority at time of layoff if the layoff occurred after September 11, 2001 and
prior to September 11, 2004; layoff for a period of seven (7) years for
employees with three (3) years or more seniority at time of layoff; layoff for
a period in excess of three (3) years for employees with one (1) or more but
less than three (3) years seniority at time of layoff; layoff for a period in
excess of one (1) year for employees with less than one (1) year seniority at
time of layoff.
14.3(a)(6) Retirement from the active payroll, leave or
layoff status (excludes those employees on disability retirement who qualify to
return to the active payroll under the provisions of Section 22.18(f)).
14.3(b) Any employee of the Company outside of a collective bargaining
unit covered by this Agreement who is discharged or quits shall be considered a
new hire without seniority if subsequently employed within the bargaining unit.
An employee laid off on or after October 4,
1980, who has lost his/her seniority solely because of the application of
Subparagraph 14.3(a)(5) shall, upon re-employment by the Company, have that
seniority reinstated if the employee returns to the active payroll and his/her
period of separation from the active payroll does not exceed the amount of
seniority he/she had at the date of his/her layoff, plus the amount of seniority
he/she accumulated under the applicable provisions of all Collective Bargaining
Agreements between the parties beginning October 4, 1980 and thereafter.
Seniority rights are those specified by
effective written agreement and shall not be deemed to exist independently of
such agreement.