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 29, 20022005;
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 United States; plus
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(fe);
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;
(ba) A period of seven (7)eight
(8) 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);
(cb) 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);
(dc) 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 in
excess of seven (7)five (5)
years for employees with three (3) years or more but less than five
(5) years 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(fe)).
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.
By By
Date Date