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.