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Article 6 - Seniority
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AGREEMENT: MEIJER STORES LIMITED PARTNERSHIP WITH UFCW, LOCAL 1099 / AFL-CIO, CLC / TIPP CITY DISTRIBUTION / APRIL 25, 2004- APRIL 25, 2009


 Section 1. New employees shall be considered as probationary employees for their first ninety (90) calendar days of active service. During the period of May 1 to September 1, the Employer may extend the probationary period of an employee an additional thirty (30) days by notifying the Union prior to expiration of the first ninety (90) days probation. Notification will be in writing. There shall be no seniority among probationary employees. Probationary employees may be discharged at any time at the Employer’s sole discretion, and the employee shall have no recourse through the Grievance Procedure. The Employer shall have no responsibility to recall or reemploy any probationary employee laid off or discharged during this probationary period. Seniority shall mean length of continuous service in the Meijer combination store and/or Distribution Center operation of the Employer and upon completion of the probationary period shall be dated from the first day worked.

Section 2. Seniority shall be of two types, full time and part time. Full time seniority shall be convertible to part-time. Full-time seniority shall not accumulate during periods of part-time jobs and shall not be convertible to full-time seniority if a part-time employee becomes full-time. Part-time seniority shall not be lost by transfer to full-time work. Part-time employees shall not accumulate seniority over full-time employees. If two (2) employees have the same full-time seniority date, the most senior employee(s) will be determined by the last four digits of their social security number.

When a part-time employee averages more than thirty-six (36) hours per week for two (2) consecutive individual accounting quarters in one (1) department, classification and in any single unit, he shall be awarded full-time status. Hours worked in replacement of an employee on Worker’s Compensation or sickness, accident, or other approved leave, will not be considered in computing the thirty-six (36) hour average. Hours credited are those hours actually worked.

It is further understood that employees awarded jobs must be fully available and will remain on such shift assignment in which their seniority allows until management determines an alternate shift is open on a full week and permanent basis. In the event of such an opening, the opening will be offered in line of seniority.

When a full-time employee averages less than thirty-six hours per week for two (2) consecutive individual accounting quarters, he may be reclassified to part-time status. Hours credited are those hours actually worked. Hours paid as fringe time will be considered as hours worked for the computation of the thirty-six (36) hour average. Approved leave weeks will not be considered in computing the thirty-six (36) hour average.

Section 3. A regular employee’s seniority shall be broken if he quits, if he is discharged for cause, if he fails to report to work for three (3) consecutive work days without notifying the Employer, or if an employee is laid off continuously for twelve (12) months or his length of service, whichever is less. A regular employee’s seniority shall be considered broken if he fails to report for work while on layoff within seven (7) calendar days after being notified to report unless extended by mutual agreement.

Section 4. Open jobs for permanent full-time vacancies in the Distribution Center will be posted for forty-eight (48) hours in the Distribution Center excluding Saturdays, Sundays, And holidays. Postings will be by classification, shift, and building. The most senior Distribution Center employee bidding on such vacancies will receive the job, providing such is available for full-time work and medically able to perform the job.

In the event no Distribution Center employee is awarded full-time positions, bargaining unit employees from Stores #101, #102, #103, #106, #107, #112 who have expressed their interest in writing to transfer to Tipp City, will be considered for such positions. Management will determine the appropriateness of transferring any employee to such positions.

The Company retains the right to delay the start date of any employee awarded a position for up to ninety (90) days.

An employee awarded a job under this Article may not bid again for 185 days after physically starting the job, unless bidding on a higher rated job, or an opening at a new Tipp City D.C. Unit.

An employee who transfers to a higher-rated classification shall receive the next higher rate from their existing rate in the new classification. After this rate adjustment, the employee will progress within the new classification after completion of the proper additional time interval in the new classification. An employee who transfers to a lower-rated classification shall be placed at the next lowest rate in the new lower-rated classification and will have their automatic review date reset.

Employees awarded jobs under this provision shall be given up to a ninety (90) day, but not less than thirty (30) day break in period to familiarize himself with the job duties by which time the employee will be required to perform the job at a satisfactory level. The employee, at his option may return to his original job anytime during the first thirty (30) day period. If, for justifiable reasons, the Employer feels an employee cannot perform the job at a satisfactory level, the employee shall be returned to his original job. The Employer may disqualify an employee from the award of a job, transfer, or promotion (including part-time to full-time) if the Employer demonstrates justifiable reasons why such employee should be disqualified.

Section 5. Employees who receive full-time jobs will have full-time shifts consisting of afternoon and/or evening and/or early morning schedules. It is understood that these full-time openings will include Friday, Saturday, and Sunday work in most cases. Employees receiving full-time jobs under this section will remain on such weekly shift assignment until the Employer determines a permanent full-time opening exists on another shift.

Section 6. An employee who is represented by the U.F.C.W. in Local 1099’s jurisdiction who is transferred by the Employer from one facility to another shall retain past seniority and shall continue to accumulate seniority in the new facility. An employee who is transferred by the Employer within the operation shall retain past seniority and shall continue to accumulate in the new department.

Section 7.(a) When there is a need to assign full-time employees on a daily basis to another building, the Employer will offer such assignments to volunteers in line of seniority by classification, building, and shift and require in inverse order of seniority by classification, building, and shift for these daily assignments; for part-time employees, the Employer will assign as needed by inverse order of seniority.

(b)

(c) When assigned under the provisions of this section, such full-time employees will be eligible for overtime in the building the employee is actually working in at the end of that day, provided the employee has been assigned at least two (2) hours prior to the end of the work shift.

(d) Building will be defined as follows:

Perishables (801) Cold Storage (804) General Merchandise (802) Grocery (805) In the event the Employer institutes system changes during the life of this contract, the current building definition may be modified. The parties will meet and discuss this modification prior to implementation.


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