3.01 - Seniority Defined
Seniority shall be based on the number of hours worked or compensated monthly from the date he/she was first employed, unless his seniority was broken, in which event such calculation shall be from the date he returned to work following the last break in his seniority.

For the purposes of this Section, compensated hours include all hours worked (including time worked in premium positions - e.g. tours, lead hand, first aid), sick leave, statutory holidays, vacation, W.I., L.T.D., WCB, paid leave or leave for Union business.

Unless mutually agreed to the contrary, seniority will accumulate within the Mission Hill Wine Store classifications for employees hired.

The first eighty (80) hours for training and/or orientation will not count towards the calculation of seniority.

3.02 - Absences Relating to Seniority
Absence due to seasonal layoff, which does not exceed twelve (12) months duration and for which no termination pay was received, shall not be regarded as a break in seniority service. Recurring unavailability of an employee will be discussed by the Plant/Management Committee, and may result in dismissal of the employee.

3.03 - Loss of Seniority
An employee will lose his seniority and cease to be an employee of the Company for any of the following reasons:

(a) Discharge for just cause.

(b) Voluntary resignation of the employee.

(c) Retirement in accordance with the Company's retirement policy.

(d) Failure to return to work within the week from the date of original notice to do so sent to the last address as shown by Company records and Union's records. Copy of such notice to be given to the Union.

(e) Continuous layoff for a period exceeding one (1) calendar year or if the employee takes severance pay. The continuous period will not be adjusted for employees that work thirty (30) shifts or less during this one (1) calendar year period.

(f) Notwithstanding (e) above, an employee who was hired after April 1, 1998 and is laid off for thirteen (13) consecutive weeks in their first year of employment with the Company. This clause may only be used once.

(g) If he accepts gainful employment while on a granted leave of absence without the Company's and the Union's consent in writing.

(h) If he fails to return to work within three (3) working days from any leave of absence, or if he is unable to do so, submit suitable reason to the Company accompanied by written proof, if required.

(i) Employees who are promoted from the bargaining unit into a Company position shall have the right to return to their former job without loss of seniority for up to ninety (90) working days from the date of promotion. After ninety (90) working days, they shall forfeit all seniority rights.

3.04 - Layoff Procedure
Layoff will be by the Mission Hill Wine Store classification with the least senior employee being laid off first.

3.05 - Recall
Employees will be recalled from layoff on the basis of Mission Hill Wine Store seniority. Employees who are called in and refuse to work on three (3) consecutive occasions may be removed from the seniority list.

Recall of laid off employees will be done on the basis of their seniority and ability to perform the work within the classification at the time of layoff.

3.06 - Layoff Notice and Severance
The Employer will attempt to provide as much notice as possible to an employee being laid off.

Full time employees that are laid off will not be entitled to severance pay. Severance pay will only be applicable in cases where there is a closure of operations and the employee’s service is terminated.

Technological changes will be in keeping with Section 54 of the Labour Relations Code of B.C.

In determining severance payments for employees in a closure situation, the employee’s total straight time hours will be divided by fifteen hundred (1,500) to determine his/her number of years service. The following will be observed in determining the appropriate severance amount:

YEARS OF SERVICE            SEVERANCE PAY

One but less than two      Two weeks

Two but less than three    Three weeks

Three but less than four   Four weeks

Four but less than five    Five weeks

And so on for each subsequent year of service employees with fifteen (15) years service shall accrue an additional three (3) days.

An employee may at any time during the layoff take his severance allowance or continue in such status until his layoff exceeds twelve (12) months and then take his severance pay but, in both cases, he ceases to be an employee of the Company when the severance allowance is paid.

3.07 - New Employees: Probation Period
All new Mission Hill Wine Store and Tours employees to be on a probationary period for three hundred and sixty (360) hours. If an employee is dismissed during the trial period, the employee will receive in writing specific reasons for such dismissal and a copy of this dismissal will be provided to the Union.

3.08 - Job Posting
Lead hand and wine educator positions will be posted for a period of five (5) calendar days. A copy of the posting will be provided to the Union Steward and the Union Committee two (2) days prior to the posting date. Other employees of the Company outside the Mission Hill Wine Store or Tours staff group may not post on these positions but may be considered by way of a new employee application form.

3.09 - Employee on Leave of Absence at Time of Posting
Lead hand and wine educator positions will be posted for a period of five (5) calendar days. A copy of the posting will be provided to the Union Steward and the Union Committee two (2) days prior to the posting date. Other employees of the Company outside the Mission Hill Wine Store or Tours staff group may not post on these positions but may be considered by way of a new employee application form.

3.10 - Selection
A vacancy or new position shall be filled by the applicant who has the most seniority in the Mission Hill Wine Store or Tour area, providing he meets the qualifications for the position as well as shows willingness, incentive, merit and ability. In addition the efficient operation of the Company will be given due consideration.

Notwithstanding the foregoing, the Company may temporarily assign any employee to do any job.

3.11 - Difference
Nothing in this section shall abrogate the right of any employee having greater seniority to submit a grievance if he feels that he has been discriminated against as a result of any such promotion.

3.12 - Orientation in Premium Positions
Employees slated for orientation in premium positions will:

(a) Whenever possible commence orientation within ten (10) days of receiving the position.

(b) The most senior applicant will be considered first for orientation.

(c) An applicant may be scheduled out of seniority for orientation as long as they are job shadowing.

3.13 - Trial Period
Successful applicants, after receiving a three (3) day period in the position to familiarize him/her with the duties and requirements of the position, will serve a trial period of two hundred and forty (240) hours in the new position. If he has been determined, by the Company, to be unsuitable, he will be returned to his former job subject to discussion between the Union and the Company. He will have the right to return to his former job within this trial period. In addition, unless agreed to by the Company, such employee shall not be allowed to again post on the position he was removed from until a period of eighteen (18) months have passed since his return to his former job.

Should an employee fail to achieve suitability, then the Company will select, from the previous posting list, the next person meeting the prerequisites.

This selection process may occur up to a total of two (2) times after which the job will be reposted.

3.14 - Rate During Trial Period
During the trial period, he shall be paid at the rate of pay he was receiving prior to the awarding of the job posting or the posting rate whichever is lesser.