ARTICLE 16 ‑ SENIORITY
NOTE: Where Article 16 is at variance with Letter of Understanding 1 ‑ In‑Charge ‑ Filling of Vacancies, the provisions of that letter will apply.
16.01 Cabin Personnel seniority shall begin to accrue with the date of initial assignment to line duty as a permanent employee.
16.01.02 All Cabin Personnel hired on the date of ratification of this memorandum or later will begin to accrue seniority from the date of hire into the In-Flight Service Branch.
16.01.01 All employees hired on March 4, 1994 or later will begin to accrue seniority from the date of report to initial training.
NOTE: Permanent Company employees transferring from other Company branches into the scope of this Agreement shall begin to accrue Cabin Personnel seniority with the date of report to initial training ahead of those employees on the same course covered by the provisions of Article 16.01.01.
16.02 Upon graduation from a training class, the order of seniority shall be determined by lot.
NOTE: Company employees from other branches hired as permanent Flight Attendants will be placed in seniority order ahead of new hires in accordance with their Company Service Date.
16.03 An employee who resigns, retires, is dispensed with during his/her probationary period or is discharged from the service of the Company and who is not reinstated under the terms of the Agreement shall forfeit his/her seniority rights and his/her name shall be removed from the seniority list.
16.04 An employee reclassified to a position not covered by this Agreement shall retain and accrue seniority for a period of twelve (12) months. At the termination of this period, his/her name shall be removed from the seniority list.
NOTE 1: All employees holding seniority as of December 31, 1980, and who are in a position not covered by this Agreement, will continue to accrue seniority up to and including June 30, 1981. From that day on they will cease to accrue seniority but will maintain all previously accrued seniority.
NOTE 2: All employees holding but not accruing seniority as of December 31, 1980 and who are in a position not covered by this Agreement, will continue to hold their seniority.
NOTE 3: If an employee returns to the scope of this Agreement from a position outside the scope of this Agreement where seniority was accrued and maintained, his/her name shall be removed from the seniority list if s/he subsequently again transfers outside the scope of this Agreement.
16.05 Where due to incapacity resulting from sickness or injury an employee is transferred outside the scope of this Agreement or is on leave of absence, s/he shall maintain and accrue seniority for three (3) years. At the termination of this period his/her name shall be removed from the seniority list. This period may be extended by mutual agreement between the Union and the Company.
16.06 REINSTATEMENT: An employee who has maintained and/or accrued Cabin Personnel seniority under the provisions of Article 16 may be reinstated to his/her former classification at the Base from which s/he was promoted. However, following a period of three (3) years at another Base, s/he may be reinstated, within his/her former classification, at that Base.
16.07 RETURN TO LINE DUTY: An employee shall be returned to line duty after his/her reinstatement provided s/he has been declared fit for flight duty by the Company Medical Department and is qualified in every respect.
16.08 SENIORITY LISTS
16.08.01 Prior to February 1st in any year, the Company shall post at each Cabin Personnel Base a copy of both the Flight Attendant and In‑Charge seniority lists indicating the respective seniority of each employee within his/her classification as of January 1st in that year.
16.08.02 Prior to March 1st in that year, an employee may protest, in writing, to the Vice President, Customer Service, any error or omission affecting his/her seniority.
16.08.03 Prior to April 1st, the Company shall post the revised lists indicating any changes resulting from any protest found valid.
16.08.04 Prior to May 1st, any employee whose seniority was affected by any change made to the initial seniority list may protest, in writing, to the Vice President, Customer Service with a copy to the Component President of the Union.
16.08.05 Prior to June 1st, the Company shall post the final seniority lists, which will be conclusive of Cabin Personnel seniority as of January 1st in that year.
16.09 SENIORITY ‑ TEMPORARY EMPLOYEE
16.09.01 A temporary employee’s seniority shall be drawn from the same lot as permanent employees and will be placed on the same employee seniority list. All temporary employees will be identified on this list with a “T” after their seniority number. Should a temporary employee become permanent, the “T” will be removed from the list.
16.09.02 Temporary seniority shall be effective for bidding purposes only.
16.09.03 A Temporary employee may be permitted to do a mutual base transfer with another temporary employee provided the duration of their assignments and their language qualifications are the same.
16.09.04 If a Temporary employee’s assignment was completed and the employee is rehired within thirty-three (33) days of the completion of that assignment, the employee’s original seniority will be reinstated and will be deemed continuous for the period from the assignment completion date to the rehire date.
16.10 Notwithstanding the provisions of Article B6.02.01, no Cabin Personnel other than those entitled to assume seniority under this Collective Agreement shall occupy any Cabin Personnel position on any scheduled or charter flight operated by the Company subject to the following.
16.11 The
provisions of Article 16.10 do not include wet leases, code sharing arrangements and work undertaken by connector or alliance airlines whether or not under common control or direction with Air Canada.