SENIORITY OF EMPLOYEES - ADDICTION AND MENTAL HEALTH SERVICES CORPORATION AND THE QUEEN STREET MENTAL HEALTH CENTRE

1. (1) This Regulation governs the determination of seniority for employees in a bargaining unit of employees of the Addiction and Mental Health Services Corporation that contains an individual who was employed by the Crown at the Queen Street Mental Health Centre immediately before the Crown disposed of the business carried on at the Centre by transferring it to the Addiction and Mental Health Services Corporation. O. Reg. 132/98, s. 1 (1). (2) This Regulation applies if, (a) a seniority provision in a collective agreement applies, under section 25 of the Act, to all employees in a bargaining unit described in subsection (1); (b) a replacement agreement applies, under section 29 or 30 of the Act, to all employees in a bargaining unit described in subsection (1); or (c) a collective agreement as described in subsection 33 (2) of the Act applies to all employees in a bargaining unit described in subsection (1). O. Reg. 132/98, s. 1 (2). 2. (1) Each employee in a bargaining unit shall be accorded seniority on the same basis as the other employees in the bargaining unit and, without restricting the generality of the foregoing, (a) if the collective agreement provides that seniority includes all periods of employment with the employer and all periods of employment with a predecessor employer, his or her seniority shall include all periods of employment with the employer and all periods of employment with a predecessor employer or the Crown; (b) if the collective agreement provides that seniority includes all periods of employment in the bargaining unit of the employer and all periods of employment in a bargaining unit of a predecessor employer, his or her seniority shall include all periods of employment in the bargaining unit of the employer and all periods of employment with a predecessor employer or the Crown in a position having duties, responsibilities and other attributes such that, if the employment were with the employer, the employee would have been a member of the bargaining unit; and (c) if the collective agreement provides that seniority includes all periods of employment in the bargaining unit or in a similar bargaining unit of the employer and all periods of employment in a bargaining unit of a predecessor employer, his or her seniority shall include all periods of employment in the bargaining unit or similar bargaining unit of the employer and all periods of employment with a predecessor employer or the Crown in a position having duties, responsibilities and other attributes such that, if the employment were with the employer, the employee would have been a member of the bargaining unit or similar bargaining unit. O. Reg. 132/98, s. 2 (1). (2) In subsection (1), “predecessor employer” means a predecessor employer in respect of the amalgamation of the Alcoholism and Drug Addiction Research Foundation, the Clarke Institute of Psychiatry and the Donwood Institute to form the Addiction and Mental Health Services Corporation. O. Reg. 132/98, s. 2 (2). 3. Omitted (provides for coming into force of provisions of this Regulation). O. Reg. 132/98, s. 3.