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Article 13 - Seniority and lists

13.01 Definition


For the purposes of this agreement, seniority is defined as the duration of an employee’s service since their most recent date of commencing employment, expressed in calendar years and days.

13.02 Acquiring seniority


Employees acquire the right to exercise their seniority once they complete their probation period. Once the probation period is completed, the most recent date of commencing employment is used as the starting point for calculating seniority.

13.03 Part-time employees and employees who do not hold positions


The seniority of a part-time employee or an employee who does not hold a position is calculated in calendar days. To this end, employees are entitled to 1.4 days of seniority for a regular day of work as stipulated for the job title, a day of annual vacation leave taken, or a statutory holiday.
For the purposes of calculating statutory holidays, 1.4 days of seniority are added to the employee’s seniority at the end of each of the thirteen (13) accounting periods per year.
When part-time employees or employees who do not hold positions work a different number of hours than the number stipulated for a regular day of work in the employee’s job title, their seniority is calculated on the basis of the number of hours worked prorated to the number of hours in the regular day of work, all multiplied by 1.4.
Overtime hours are excluded from the calculation of seniority.

13.04


Part-time employees and employees who do not hold positions cannot accumulate more than one (1) year of seniority per fiscal year (from April 1 to March 31).
Whenever a full-time employee’s seniority needs to be compared with the seniority of a part-time employee or an employee who does not hold a position, the latter cannot have more seniority credited than the full-time employee’s seniority for the period from April 1 to the date on which the seniority is compared.

13.05 Change of status


When part-time employees or employees who do not hold positions obtain full-time positions, they keep the seniority accrued in their former status as if they had acquired it in the new position.
When full-time employees or employees who do not hold positions become part-time employees, they carry their seniority with them. They are then governed by the provisions on part-time employees.
In both the above-mentioned cases, the employee does not have to resign.
Employees who resign from their position to go onto the availability list retain and carry with them their accrued seniority at the time of their resignation.

13.06 Accumulating and retaining seniority


An employee retains and accumulates seniority in the following cases:

  • authorized absence, educational leave and annual vacation leave, unless provided otherwise in this agreement;
  • layoff, in the case of an employee who is entitled to the provisions of clause 15.03;
  • layoff for not more than twelve (12) months in the case of an employee who is not entitled to the provisions of clause 15.03;
  • absence due to a work-related accident or occupational disease recognized as such under the Act respecting industrial accidents and occupational diseases (CQLR, c. A-3.001);
  • the first twenty-four (24) months of an absence due to an accident or illness other than an above-mentioned work-related accident or occupational disease;
  • maternity, paternity or adoption leave provided in this agreement;
  • leave without pay to act as a full-time union representative.

It is understood that part-time employees and employees who do not hold positions are entitled to the above-mentioned provisions prorated to their weekly average number of days of seniority accumulated in their last twelve (12) months of employment or since their most recent date of hiring, whichever is closest to the start of the absence. These days of seniority are accumulated as they are earned.

13.07 Retaining seniority


Employees retain their seniority during the twenty-fifth (25th) to the thirty-sixth (36th) months of an absence due to an accident or illness other than an above-mentioned work-related accident or occupational disease.

13.08 Loss of seniority and employment


Employees lose their seniority and employment in the following cases:

  • after more than twelve (12) months on layoff, except for employees entitled to the provisions of clause 15.03;
  • after the thirty-sixth (36th) month of absence due to an accident or illness other than a work-related accident or occupational disease as mentioned in clause 13.07;
  • the laid-off employee’s refusal or failure to accept or resume work within seven (7) days of receiving written notice of recall from the Employer. Employees are recalled by registered letter sent to the employee’s last known address. The employee can accept by sending the institution written notice or by reporting to the institution’s personnel office. The employee must report for work within seven (7) days of replying to the Employer.

13.09 Loss of seniority


Employees lose their seniority after being absent for more than three (3) consecutive days of work without a valid reason.

13.10 Lists


Within sixty (60) days following the date on which this agreement comes into force and then subsequently each year within fourteen (14) days of the end of the pay period that includes March 31, the Employer sends a list of all employees in the bargaining unit to the Union’s secretary at the latter’s last known address, and to the employee representing the Union. This list includes the following information for each employee:

  • name;
  • telephone number;
  • address;
  • date of hiring;
  • activity centre(s);
  • job title;
  • salary;
  • employee number;
  • status under clauses 1.02, 1.03 or 1.04;
  • e-mail address, when available.

This list is not to be posted.

13.11


Within sixty (60) days following the date on which this agreement comes into force and then subsequently each year within fourteen (14) days of the end of the pay period that includes March 31, the Employer sends a list of the names and seniority accumulated on March 31 of all employees in the bargaining unit, to the Union’s secretary at the latter’s last known address, and to the employee representing the Union. The Employer also indicates the seniority credited to the employee on the previous list.

13.12


The day the list is sent to the last known address of the Union’s secretary, the Employer posts the same list in the usual places for a period of sixty (60) days, with a notice indicating the date on which the posting period ends.

13.13


During the posting period, any employees concerned may contest their seniority accumulated since the previous posting, by filing a grievance. The seniority list becomes official at the end of the posting period, subject to any challenges.
Whenever an employee’s seniority is modified, the employee and the Union are notified of the modification in writing within five (5) days.
If absent for the entire posting period, employees are sent written notice of seniority by the Employer. They have sixty (60) days from receiving such notice to contest their seniority.

13.14


Within fifteen (15) days of the end of each accounting period, the Employer gives the Union a list of part-time employees and employees who do not hold positions, with the following information for each employee:

  • first and last names;
  • employee number;
  • number of hours worked by each employee, excluding overtime hours;
  • number of days of annual vacation leave used;
  • seniority.

13.15


Within fifteen (15) days of the end of each accounting period, the Employer sends to the last known address of the Union’s secretary two (2) copies of the list of new employees with their date of hiring, telephone number, address, employee number, e-mail address when available, activity centre, job title and status under clauses 1.02, 1.03 or 1.04, as well as a list of employees who have left and the date on which they left.

13.16


The Union assumes the cost of setting up and operationalizing the additional information conveyed to it under this Article.

13.17


The Union must ensure the security of personal information received under this Article.

13.18


Employees immediately inform both the Employer and the Union of any change of address.

13.19


The Employer has thirty (30) days from the date the collective agreement comes into force to inform the Union’s secretary in writing, at the latter’s last known address, of the name of the Employer’s representative or replacement representative, if applicable, with whom the Union is to deal. The Employer must also notify the Union if the Employer representative changes.

13.20


An employee affected by the bumping procedure may, upon request, consult the seniority list at the personnel office.

13.21


Members of management may exercise their seniority rights for any position in the bargaining unit, in accordance with the rules set out in this collective agreement. In such a case, however, only seniority acquired within the bargaining unit may be used when comparing seniority with an employee who is already a member of the bargaining unit.

13.22


For members of management who become employees in accordance with this collective agreement, the date they commence these duties is used as the starting point for the purposes of calculating their seniority.