ARTICLE 11 SENIORITY
11.1 For the first three (3) months worked following successful completion of facility preservice training and orientation, an Officer shall be regarded as probationary and shall have no seniority. Probationary Officers may be disciplined or discharged without recourse to the grievance procedure. Officers discharged during their probation do not have any rights under this Agreement. However, Probationary Officers shall be represented by the Union concerning wages, hours and working conditions, but the Company reserves the right to decide questions relating to promotions, transfers, layoffs or discharge. The Company may extend the probationary period in increments of 30-day blocks for up to a total of 90 additional days. The Union will be notified of the need to extend an Officer’s probationary period.
11.2 Officers who have lost seniority as set forth in Section 11.7 of this Article, and Officers who terminate or leave the bargaining unit prior to completion of the probationary period shall be required, upon rehire or reentry into the bargaining unit, to serve the probationary period again.
11.3 After completion of the probationary period an Officer’s seniority under this Agreement shall revert to the Officer’s date of hire as a Detention Officer at the Northwest Detention Facility. Seniority of Officers who start work on the same date shall be determined by the Officer’s last name on date of hire. The last name that comes first alphabetically will be the most senior. Seniority is defined as the length of continuous service as an Officer at the Northwest Detention Facility. For those Officers who were employed by Corrections Services Corporation (CSC) and had uninterrupted service upon the transition to the Northwest Detention Facility, their continuous length of service with CSC shall be included in the determination of seniority.
11.4 The purpose of seniority is to establish Officers’ rights and privileges based on the length of service in the bargaining unit. Seniority under this Agreement will have no influence on promotions or advancement within the Company. The benefits of seniority are limited to those specifically mentioned in this Agreement.
11.5 Seniority will be accrued from the Officer’s date of hire regardless of part-time or full time status.
11.6 The Company agrees to prepare an updated site seniority list of Officers covered by this Agreement a copy of which will be furnished to the Union upon request.
11.7 Officers will lose their seniority, and shall be discharged for any of the following:
Is laid off for more than 12-months;
Absent due to illness or injury for more than six (6) months, or length of employment, whichever is less. Absences taken pursuant to the applicable federal and/or state laws are exempt under this provision;
Discharged for Just Cause;
Gives a false reason for a leave of absence and/or engages in other employment during such leave;
Fails to meet qualification/re-qualification requirements in accordance with the Company, the Client and/or other Governmental Agency’s regulations having jurisdiction;
Fails to obtain and/or maintain a security clearance;
Fails to return from layoff upon recall as provided below;
If the Officer voluntarily resigns or retires; or
If the Officer is convicted of a felony, thereby being unable to be licensed.
11.8 Layoff and recalls from layoff will be made on the basis of seniority. Officers acting as President or Vice President of the Local shall not be laid off provided that work, which they are qualified for and willing to perform is available in their present Classification. Stewards will be laid off and recalled from layoff on the same basis as provided for other Officers except that in the event a unit or shift is deactivated and is later reactivated, the Stewards shall be the first Officers to be recalled to that unit or shift, provided work which they are qualified and willing to perform is available. Positions requiring “special training and/or skills” will be exempt from the seniority process.
11.9 Laid-off Officers shall have callback rights for a period of twelve (12) months or length of employment whichever is less, and shall retain their accumulated seniority as of the date of layoff.
11.10 In case of re-employment, Officers who have been laid off shall be notified to return to work, at their last known address, in reverse order of lay-off. The notice will be by certified mail return receipt. In the event a former Officer so notified fails to report for work within five (5) calendar days after receipt of such notice, his seniority shall be terminated.
11.11 It will be the responsibility of the laid-off Officer to keep the Company notified of any change of address, and current phone number.
11.12 An Officer who is activated or drafted or who volunteers for military service in the armed forces of the United States, shall accumulate full seniority during the term of such service, provided such veterans are honorably discharged from active duty and apply for reemployment as an Officer within 90 days after such discharge from military service, provided the Officer still meets all eligibility requirements. The above is limited to a six (6) year period; however, in time of war there will be no limit.
11.13 An Officer who is or has been transferred from the bargaining unit shall cease to accumulate seniority. If the Officer returns to the bargaining unit within six (6) months he shall retain the seniority he had at the time he transferred out of the bargaining unit.
11.14 When making selections to fill vacant “specialized posts”, i.e. Lead Classification Officer, Kitchen Officer, Armory Locksmith Officer, Court Security Officer and Transportation
Officer, when all other factors are equal, seniority will be used to determine the selection.