Hawaiian Airlines Contract
ARTICLE 9
SENIORITY
9.1 Definitions:
- Company seniority shall he the date the employee filled a permanent full time position in the Company covered by the IAM Agreements. In the event two or more employees have identical company seniority, their seniority ranking will be determined first by date of hire and then by the last four digits of the Social Security Number (SSN), if their date of hire is after May 27, 1999. Company seniority will he utilized for purposes of vacation bidding.
- Effective DOS Classification seniority shall be the day following the closing date of the bulletin for a permanent full time position. In the event two or more employees have identical classification seniority, their seniority ranking will be determined first by entry date into the division, if that is the same, by company seniority, then by the last four digits of their Social Security Number, if their date of hire is after May 27, 1999. Classification sonority is used for shift and days off bidding.
9.2 The classification to he recognized .for seniority purposes arc those listed in Article 4. Employees who have established seniority in any other classification will continue to accrue seniority in that classification and shall be able to return to that classification in the event of a reduction.
9.3 When an employee moves to a higher rated classification he shall continue to accrue seniority in the lower rated classification. If he voluntarily moves to a lower rated classification he will lose seniority in the higher rated classification.
9.4 The employees covered by this Agreement possessing the qualifications
and the greater company seniority as defined in clause 9.1.a shall receive preference in all matters regarding choice of work units, transfers, promotions, and re-employment. It is understood that "qualified" shall mean meeting the qualifications as outlined in Article 5 as well as having the basic ability to perform the work required for the job and not "best qualified." In the case of layoffs, demotions, or voluntary step-backs, the affected employees and any other employees they displace will have five (5) calendar days from receipt of notice to bump into any classification, unit, shift, or days off (in that order) in accordance with classification seniority and ability to perform the work. Employees who fail to meet the performance requirements of the jobs they bump into and are found unqualified within the sixty (60) day trial period shall have the right to bump again.
9.5 An employee who has once exercised his classification seniority rights in the choice of a shill or days off within a shill may not thereafter exercise his seniority rights to displace a junior employee from a shift or days off to which the junior employee is already assigned.
9.6 Employees leaving positions covered by this agreement to accept non-contract non-management permanent positions with the Company will continue to accrue seniority for six (6) months and thereafter retain such accrued seniority provided they continue to submit the applicable dues to the union. Such employees can only voluntarily return to the bargaining unit if there is a vacancy. However, in the event of RIF (Reduction in Force) or involuntary removal from a non-contract non-management position, the employee can displace back into the bargaining unit providing he meets the qualifications. The names of such employees shall appear on the seniority lists.
9.7 When an employee accepts a promoted position in the Company that is outside the scope of this Agreement and not covered by another Agreement, the employee shall continue to accrue seniority for six (6) calendar months and thereafter will retain accrued seniority provided they pay Union Dues on a monthly basis. An employee assigned to a supervisory position will retain seniority accrued to January I, 1971 but will not accrue further seniority while continuing in such supervisory position. Following DOS employees who accept a temporary or permanent position in the Company that is outside the scope of this Agreement will, after six (6) months lose their accrued seniority on a day for day basis. Such employees can only voluntarily return to the bargaining unit if there is a vacancy. This clause is inapplicable in the first six (6) months outside the scope of this Agreement and in the event of RIF or removal from a supervisory position by management. The name of such employee shall be carried on the seniority lists as provided for in Clause 9.10. Promoted means a position that pays more than the highest classification in that work unit. Employees accepting a position that pays less than the highest classification in that work unit will lose all their seniority and have their names removed from the seniority list.
9.8 When the employee accepts a position in the Company that is in another bargaining unit, the employee shall continue to accrue seniority for the length of their probationary period in the other collective bargaining agreement. To continue to accrue or retain seniority such employee must pay union dues on a monthly basis. During this period the employee may displace into the bargaining unit providing he has the classification seniority and meets the qualifications. At the end of the probationary period the employee loses all seniority in this bargaining unit.
9.9 An employee accepting a management position involving instructional duties directly related to members of the IAM shall continue to accrue seniority for five (5) years and thereafter retain seniority. To continue to accrue and retain seniority the employee must continue to pay union dues on a monthly basis.
9.10 Employees new to the bargaining unit shall be regarded as probationary employees for the first ninety (90) calendar days of their employment and may be discharged at any time during said probationary period without hearing. With the exception of days of and holidays, an employee who spends any part of the ninety (90) probationary days away from work, (e.g., sick leave, vacation, leave of absence and occupational illness or injury leave) shall have his probationary period automatically extended until such time that he completes his ninety (90) calendar days. If retained in the service of the Company after the probationary period, the names of such employees shall then he placed on the seniority list for their respective classifications.
9.11 Copies of a seniority list by classifications showing the name, job classification, classification seniority date, adjusted classification seniority date, divisional and Company seniority dates shall he posted in a convenient place within thirty (30) days after the effective date of this Agreement. A copy of such list will be furnished to the System General Chairman and to the Chairman of the Local Committee. The seniority dates shall, when necessary, be set ahead to adjust for any periods during which the seniority accrual has been suspended, as provided for in Clauses 9.6, 9.10 and 11.1. The seniority list shall be amended each October I and April 1 to incorporate changes and additions and shall be subject to correction upon protest of any omission or incorrect listing if a complaint is filed under the procedures of Article 15 within thirty (30) days of delivery of the list to the Union. If no such protest is filed within thirty (30) days from the time the first list is posted and delivered to the designated Union representative or within thirty (30) days from the date an employee's name first appears on a list posted and given to the Union representative, the dates on each list shall be presumed beyond question to be correct and no protest, grievance, suit or other means shall thereafter be commenced or entertained to change said date for any employee.
9.12 An employee covered by this Agreement shall lose his seniority status and his name shall he removed from the seniority list under the following conditions:
- He resigns from the Company.
- He resigns from a classification or voluntarily steps down to accept a lower classified or part-time job for which he is the successful bidder.
- He is displaced and refuses to exercise his seniority right to bump laterally into another job for which he is qualified.
- He refuses recall to a higher classified job of more than sixty (60) days anticipated duration for which he is qualified.
Under the circumstances listed in Clause 9.12 b, c, d, it is understood that he will lose only such seniority he has earned in the classification from which he resigned, stepped down, was displaced, or refused recall; provided, he shall not lose this seniority if he must change his domicile in order to bump or
accept recall. This will not restrict him from bidding on future vacancies in any classification.
- He is discharged for cause.
- He is absent from work for two (2) consecutive work days without properly notifying the Company of the reason for his absence and not then if a satisfactory reason is given for not so notifying the Company.
- He does not inform the Company in writing, by email, or by fax of his intention to return to service within ten (10) days of sending out notice offering him re-employment.
- He does not return to the service of the Company on or before a date specified in the notice from the Company offering him reemployment, which date shall not be prior to fifteen (15) days after sending such notice; provided, however, that the offer is for a position anticipated to last sixty (60) or more consecutive days
- He is not recalled after having been laid off from the Company for a continuous period of five (5) years. The five (5) years shall be considered broken only if an employee is recalled for a period of sixty (60) or more consecutive days.
NOTE: Employees who held classification seniority prior to October 1, 2001, will continue to accrue such seniority. Should they wish to bid or displace into the classification they arc required to meet the qualifications. If the work in the employee's previous classification has changed the employee, provided he meets the qualifications, will be given sixty (60) days to demonstrate his ability to perform such work.
9.13 All notices required to be sent under Clause 9.12 shall be hand delivered (the appropriate time period shall commence at the time and on the day the employee receives and signs for it), sent by registered or certified mail, return receipt requested, or by email or by fax to the employee at the last address tiled by him with the Personnel Office; provided, however, that there shall be no duty on the part of the Company to send a notice to the laid-off employee unless said employee shall, when laid off, file his address with the Personnel Office of the Company and shall thereafter promptly advise the Personnel Office of any change in address.
9.14 When it becomes necessary to lay off employees because of a reduction in force, the employees to he laid off shall be given five (5) work days notice or shall he paid at the rate of eight (8) straight time hours per day in lieu thereof Affected employees whose seniority rights entitle them to continued employment shall assert such rights within five (5) calendar days from receipt of notice of layoff.
9.15 All orders or notices to an employee covered by this Agreement involving a transfer, promotion, step-back, or layoff shall be given in writing.
9.16 Employees who have given long and faithful service in the employ of the
Company and who have become unable to handle their normal assignments will be given preference for such other available work as they are able to handle within their classification at the rate of pay for the job to which they are assigned.
9.17 Intentionally left blank.
9.18 Employees on authorized leave of absence will retain but will not accrue
seniority except as provided in Clauses 11.1 and 11.3.