Civilian Collective Agreement – Article 34 Seniority

34.01

An employee’s length of continuous service will accumulate upon completion of a probationary period of not more than one (1) year and shall commence:

(a) from the date of appointment to the Regular Service for those employees with no prior service in the part of the public service composed of employees appointed under Part III of the Public Service of Ontario Act, 2006; or

(b) from the date established by adding the actual number of full-time weeks worked by a full-time Fixed-Term employee during their full-time employment back to the first break in employment which is greater than thirteen (13) weeks; or

(c) for a regular part-time employee, from January 1, 1984 or from the date on which they commenced a period of unbroken, part-time employment in the part of the public service composed of employees appointed under Part III of Public Service of Ontario Act, 2006, immediately prior to appointment to a regular part-time position in the Regular service, whichever is later.

“Unbroken service” is that which is not interrupted by separation from the part of the public service appointed under Part III of the Public Service of Ontario Act, 2006; “full-time” is continuous employment as set out in the Schedules contained in Article 6.01.01 (Hours of Work and Overtime); and “part-time” is continuous employment in accordance with the hours of work specified in Article RPT4.1 (Hours of Work and Overtime).

Any leaves of absence granted for an employee under Article FXT11 (Pregnancy and Parental Leave) shall be included in the calculation of length of continuous service.

34.02

Notwithstanding Article 34.01, where a regular part-time employee, becomes a full-time Regular employee, any service as a regular part-time employee which forms part of their unbroken service in the Regular service shall be calculated according to the following formula:

Changes in the employee’s weekly hours of work shall be taken into account.

Example:

Weekly hours of work as a regular part-time employee = 6 years at 20 hours per week, and 2.5 years at 16 hours per week

Full-time hours of work for class (weekly) = 40 (Schedule 4)

Seniority (Length of Continuous Service) on becoming a full-time regular employee =

(20 × 6 years) ÷ 40 + (16 × 2.5 years) ÷ 40 = 3 years + 1 year = 4 years

34.03

Where an employee has been released in accordance with Article 29 (Surplus Entitlements) and rehired within two (2) years, the period of absence shall not be computed in determining the length of continuous service. The employee’s continuous service date for all purposes except Article 31 (Termination Payment) shall be deemed to include both service up to the last day of active work and the accumulation of service after the date of re-appointment. The new service date for purposes of Article 31 (Termination Payment) shall be the date on which the employee recommences work.

34.04

Continuous service shall be deemed to have terminated if:

(a) an employee resigns or retires; or

(b) an employee is dismissed unless such dismissal is reversed through the grievance procedure; or

(c) an employee is absent without leave in excess of ten (10) consecutive working days; or

(d) an employee is released in accordance with Article 31 (Termination Payment) and remains released for more than two (2) years.

34.05

An OPPA Civilian bargaining unit seniority list including employees’ names, social insurance number, date of continuous service, classification and location shall be maintained and provided to the Association twice annually.