COLLECTIVE AGREEMENT. between. HARDISTY CARE CENTRE Ltd. and the ALBERTA UNION OF PROVINCIAL EMPLOYEES. on behalf of LOCAL 047 CHAPTER 039

Transcription

1 COLLECTIVE AGREEMENT between HARDISTY CARE CENTRE Ltd. and the ALBERTA UNION OF PROVINCIAL EMPLOYEES on behalf of LOCAL 047 CHAPTER 039 MARCH 31, 2012 MARCH 31, 2015

2 Article NUMERICAL TABLE OF CONTENTS Preamble Terms of the Collective Agreement Definitions Union Recognition Management Rights Union Membership and Deductions No Discrimination Union Representation Labour Management Committee Probationary Period and Evaluations Seniority Layoffs Job Postings and Vacancies Job Classification and Rates of Pay Overtime Hours of Work, Work Schedules and Shift Exchanges Absence from Work Shift Premiums Rest Periods Named Holidays Vacation Employment Benefits Plan Sick Leave Leaves of Absence Bulletin Boards Discipline, Warning, Suspension and Termination Grievance Procedures Mediation and Arbitration Workers Compensation Salaries Occupational Health and Safety In-Service Programs Termination of Employment Retirement Savings Plan Terms of Employment Applicable to Part-Time Employees Terms of Employment Applicable to Temporary Employees Terms of Employment Applicable to Causal Employees Copies of the Collective Agreement...37 Appendix A Wage Schedule...38 Accumulation of Hours Towards Increments...38 Letter of Understanding: Lump Sum Payments...40!!" Page

3 Article ALPHABETICAL TABLE OF CONTENTS 16 Absence from Work Bulletin Boards Copies of the Collective Agreement Definitions Discipline, Warning, Suspension and Termination Employment Benefits Plan Grievance Procedures Hours of Work, Work Schedules and Shift Exchanges In-Service Programs Job Classification and Rates of Pay Job Postings and Vacancies Labour Management Committee Layoffs Leaves of Absence...23 Letter of Understanding: Lump Sum Payments Management Rights Mediation and Arbitration Named Holidays No Discrimination Occupational Health and Safety Overtime...15 Preamble Probationary Period and Evaluations Rest Periods Retirement Savings Plan Salaries Seniority Shift Premiums Sick Leave Termination of Employment Terms of Employment Applicable to Causal Employees Terms of Employment Applicable to Part-Time Employees Terms of Employment Applicable to Temporary Employees Terms of the Collective Agreement Union Membership and Deductions Union Recognition Union Representation Vacation Workers Compensation...30 Appendix A Accumulation of Hours Towards Increments...38 Wage Schedule...38 Page!!!"

4 PREAMBLE The parties commit themselves to their joint responsibilities and mutual desire to give the best possible care to the residents entrusted to them. The parties declare that, in all instances and circumstances, they commit themselves to the best of their ability to the happiness, security and physical and emotional well being of the residents. It is the intent of the Parties to: (i) (ii) (iii) (iv) Ensure the provision of the best possible service and quality resident care; Protect the interest of residents, Employees and the Employer; Maintain harmonious relations between the Employer and the Union; Recognize the mutual value of joint discussions and negotiations in all matters of mutual concern to the Parties. ARTICLE 1 TERM OF THE COLLECTIVE AGREEMENT 1.01 Except where otherwise stated in this Collective Agreement, this Agreement, including appendices hereto unless altered by mutual consent of both Parties hereto, shall be in force and effect from April 1, 2012 to March 31, Monetary changes shall be effective only as of the date of ratification Where notice is served by either Party to commence collective bargaining, this Collective Agreement shall continue in full force and effect until a new Collective Agreement has been executed In the event that any law passed by the Government of Alberta or Canada renders null and void any provisions of this Agreement, the remaining provisions shall remain in effect for the term of the Agreement If this Agreement is silent on any existing rights and privileges, this shall not mean that either the Employer or the Employees are deprived of such rights and privileges The Union shall not permit or encourage any strike, slowdown or stoppage of work during this agreement and while negotiations, including mediation, for a renewal agreement are taking place. The Employer shall not permit a lockout during this agreement and while negotiations, including mediation, for a renewal agreement are taking place. " 1"

5 ARTICLE 2 DEFINITIONS 2.01 Code means Labour Relations Code, as amended from time to time Arbitration shall take meaning from the appropriate section of the Code dealing with the resolution of a dispute or difference Union shall mean Alberta Union of Provincial Employees (AUPE). In the event of a change of name of the aforementioned Union, the subsequent name shall be recognized Basic Rate of Pay shall mean the incremental step in the Salaries Appendix applicable to an Employee in accordance with the term of this Collective Agreement, exclusive of all premium payments Continuous Employment shall mean the period of uninterrupted employment within the Bargaining Unit Employee shall mean a person covered by this Collective Agreement and employed by the Employer. At the time of hire, the employment status of each Employee shall be determined in accordance with the following: Regular Employee is one who works on a full-time or part-time basis on regularly scheduled shifts of continuing nature. (i) (ii) (iii) Full-time Employees are permanently scheduled to work between hours per week. Part-time benefit Employees are permanently scheduled to work an average of at least 15 hours but less than 37.5 hours per week. Part-time Employees are permanently scheduled to work an average of less than 15 hours per week. Casual Employee is one who: (i) (ii) (iii) is regularly scheduled for a period of three (3) months or less for a specific job; or relieves for absences the duration of which is three (3) months or less; or works on a call in basis and is not regularly scheduled. " 2"

6 (c) Temporary Employee is one who is hired on a temporary basis for a Full-time or Part-time position: (i) (ii) for a specific job of more than three (3) months but less than twelve (12) months; or to replace a Full-time or Part-time Employee who is on approved leave of absence for a period in excess of three (3) months Employer shall mean and include such officers as may from time to time be appointed, or designated to carry administrative duties in respect of the operation and management of Hardisty Care Centre Feminine Gender shall mean and include the masculine and similarly, the singular shall include the plural and vice-versa, as applicable Facility means the health facility named as Employer in this Collective Agreement Local means the Local of AUPE Status shall mean either Full-time or Part-time or Temporary or Casual as defined above Shift shall mean a daily tour of duty exclusive of overtime hours. Shift Pattern means days and/or evenings and/or night shifts. Shift Cycle means the period of time when the shift schedule repeats itself. Where the shift schedule does not repeat itself, the term Shift Cycle shall be understood to mean a period of time not exceeding four (4) weeks Month is the period of time between the date of one month and the preceding date in the following month Union Representative means a representative from the Union authorized by the Union to act on behalf of an Employee Week or Block of Day Shifts means a period of seven (7) successive days beginning with Sunday Shall shall be interpreted to be mandatory rather than directory Bargaining Unit shall mean the unit of Employees as described in the Labour Relations Board Certificate Classification shall mean job title and pay scale established for the job title. " 3"

7 2.19 Position shall mean: (c) The Employee status The classification Full-time equivalency (FTE) 2.20 Status shall mean either Full-time or Part-time or Temporary or Casual as defined above FTE shall mean the ratio of the scheduled bi-weekly hours for the position held by the Employee to the normal Full-time bi-weekly hours defined at Article 24 Hours of Work in this Agreement Parties shall mean AUPE and the Hardisty Care Centre. ARTICLE 3 UNION RECOGNITION 3.01 The Employer recognizes the Union as the Bargaining Agent for this Collective Agreement which will apply to all Employees of the Employer in the Province of Alberta when employed in Auxiliary Nursing Care as described in the Labour Relations Board Certificate # ARTICLE 4 MANAGEMENT RIGHTS 4.01 The management of the Employer s business, and the direction of the working forces including the hiring, firing, promotion and demotion of Employees, is vested exclusively in the Employer, except as may be otherwise specifically provided in this Agreement. The Union agrees that all Employees shall be governed by all rules as adopted by the Employer and published, or posted, or by general distribution, or by review at general or departmental staff meetings, and inform all Employees of such rules, provided such rules are not in conflict with this Agreement. The Employer retains all rights to conduct it s business in all respects in accordance with it s commitments and responsibilities, including the right to maintain and improve order, discipline and efficiency; to make, alter and enforce, from time to time, rules and regulations to be observed by an Employee, which are not in conflict with this Collective Agreement; " 4"

8 The Employer retains the rights to direct the working force; create new classifications and work units; determine hours of work; determine the number of Employees, if any, needed in any work unit or classification; determine if a position, work unit or classification will be continued or declared redundant. ARTICLE 5 UNION MEMBERSHIP AND DEDUCTIONS 5.01 Neither the Employer nor the Union will compel Employees to join the Union. The Employer will not discriminate against any Employee because of Union membership or lack of it and will inform all Employees of the contractual relationship between the Employer and the Union The Union agrees that it shall make membership in the Union available to all Employees covered by this Agreement The Employee has the right: (c) to be a member of the Union and to participate in its lawful activities; to bargain collectively with the Employer through the Union; to voluntary membership in the Union Consistent with the payroll system of the Employer, the Union will advise the Employer of the monthly amount of its membership dues. An amount equal to said membership dues will be deducted from each Employee at the prescribed rate and remitted to the Union not later than the fifteenth (15th) of the month following. The remittance shall be accompanied by a listing of Employee names, addresses, work location, classification, status, gross pay and the amount of the deduction from each Employee. Such lists shall indicate newly hired Employees, terminated Employees and Employees on long term absence Where the Employer's management information system permits and where the Employer agrees, the remittance of Union dues shall be by direct deposit to the Union's bank account The dues structure of the Union shall be on a percentage basis and the Union shall give not less than thirty (30) days notice of any change in the rate at which dues are to be deducted. Any change in the amount of deductions shall be implemented by the Employer at the next possible pay period following expiry of the notice period The Employer will indicate the dues deducted on the T-4 slip supplied to the Employee. " 5"

9 ARTICLE 6 NO DISCRIMINATION 6.01 Discrimination 6.02 Harassment There shall be no discrimination, restriction or coercion exercised or practiced in respect of any Employee by either party by reason of age, race, colour, creed, national origin, political or religious belief, gender, sexual orientation, marital status, physical or mental disability, nor by reason of membership or nonmembership or activity in the Union nor in respect of an Employee s or Employer s exercising any right conferred under this Collective Agreement or any law of Canada or Alberta. There shall be no unwelcome physical or verbal conduct by either party that demeans, belittles, or causes personal humiliation or embarrassment. Normal disciplinary measures shall not constitute harassment Sexual Harassment 6.04 Policy There shall be no verbal or physical conduct of a sexual nature by either party. The Employer shall have a Harassment Policy available to all Employees. ARTICLE 7 UNION REPRESENTATION 7.01 The Employer agrees to recognize Employees who are appointed as Union Stewards, and recognizes their authority to represent other Employees. A Union Steward may, at the request of an Employee, accompany or represent him in the processing of a grievance with the Employer. When it becomes necessary for a Union Steward to leave his job for this purpose, he will request time off from his immediate supervisor and provide him with as much advance notice as possible. Arrangements will be made by the supervisor to permit the Union Steward to leave his job, as soon as reasonably possible, for this purpose with no loss of regular earnings. Such time off shall be granted only upon the approval of the supervisor or authorized alternate, which approval shall not be unreasonably withheld A list of Union Stewards shall be supplied by the Union to the Administrator. The Administrator shall be advised in writing of any change to the list. The list shall be updated by the Union annually. " 6"

10 7.03 AUPE Representatives shall notify in advance the Administrator or her designate before conducting any business in the Facility and shall not interfere with the work in the Facility When it is necessary for a Union member to make a request for a leave of absence to perform the duties of any office of the Union including negotiations, the application for leave must be made in writing to the Employer for approval. The application for Union Leave will be made in writing to the proper officer of the Employer with two (2) weeks advance notice of the required leave. In the event such advance notice is not provided, the request for leave will not be unreasonably denied When leave to attend Union business has been approved, it is granted with pay. The Union agrees to reimburse the Employer for actual salary paid to the Employee while on leave plus an amount determined by the Employer to cover the cost of benefits. ARTICLE 8 LABOUR-MANAGEMENT COMMITTEE 8.01 The parties agree to establish an active Labour/Management Committee in the facility. (c) (d) (e) (f) The Committee shall be made up of management personnel and Union Representatives. One of the management personnel shall be the Administrator of the Facility and one of the Union Representatives shall be the AUPE Representative. The Committee shall keep minutes of its meetings and shall post them in the facility on designated bulletin board areas. The Committee shall appoint from among themselves a Chairperson and a Recording Secretary with such positions rotating as agreed upon by the Committee. The Committee shall arrange Labour/Management meetings by mutual agreement of the parties. Stewards serving on the Committee shall be paid at their regular hourly rate for meeting time outside their normal hours of work. The Committee shall deal with all matters of mutual concern, however, the Committee shall not deal with grievances or negotiations and it is not empowered to alter or amend any of the terms of this Collective Agreement or in any way infringe on the requirements and standards of the Alberta Government regulations. " 7"

11 (g) Any Employee or any non-bargaining unit person may refer matters to the Committee for consideration. Such referrals shall be in writing to the Committee. ARTICLE 9 PROBATIONARY PERIOD AND EVALUATIONS 9.01 Each Employee shall serve a single probationary period of four hundred and fifty (450) hours worked The Employer shall provide a paid orientation period for all new Employees. The orientation period shall not be less than three (3) working days. During the orientation period new Employees shall be above the normal staff complement. When in the opinion of the Employee it is necessary, additional orientation requested by an Employee will not be unreasonably denied If a new Employee is unsatisfactory in the opinion of the Employer, such Employee may be terminated, in writing, without cause at any time during the probationary period, and such dismissal or termination of employment shall not be subject to appeal through the grievance procedure and shall not be subject to arbitration By mutual agreement in writing between the Union and the Employer, the probationary period may be extended up to a maximum of one hundred and fifty (150) hours worked. During the extended period, and if in the opinion of the Employer, the Employee is found to be unsatisfactory; such Employee may be terminated, in writing at any time during the extended period without cause. Such dismissal or termination of employment shall not be subject to the arbitration procedure On or before the expiry date of an Employee s probationary period, the Employer will notify her in writing that: he/she will receive a permanent appointment; or his/ her employment will be terminated and such termination shall not be subject to the grievance procedure During the probationary period, a Full-time, Part-time and Part-time Benefit Employee shall accrue vacation and sick leave credits Upon successful completion of the probationary period, the Employee will be credited for accrued vacation and sick leave Upon successful completion of the probationary period, eligible Employees shall be enrolled in the Group Insurance Benefits and Medical and Dental Insurance plan. " 8"

12 9.09 The Supervisor or Manager will complete Employee Performance Reviews a minimum of every two (2) years. The Employee will be given a copy of the evaluation and provision shall be made on the evaluation form for an Employee to sign it. The object of this evaluation is to review the Employee s work performance in their designated roles and to provide an opportunity for discussion regarding their performance Employees will be allowed to see their personal file for their inspection of its contents, with a Hardisty Care Centre Leader present. Letters of Warning or Discipline shall be removed from an Employee s file and record twenty-four (24) months from the date of issue, if the Employee has worked continuous service and that period has been without further infractions Personal File requests must be made in writing with a minimum of forty-eight (48) business hours notice. ARTICLE 10 SENIORITY A Regular Employee s Seniority Date shall be the date on which a Regular Employee s continuous service in the facility employment commenced. Casual Employees: Seniority for a Casual Employee is defined as the total number of hours worked by the Employee at the worksite. Notwithstanding above, seniority for Casual Employees shall only apply and be used for the purpose of those determinations contained in Article through (c) as they apply to other Casual Employees Seniority shall not apply during the probationary period; however, once the probationary period has been completed, seniority shall be credited from the seniority date established pursuant to Article Seniority shall be considered in determining: (c) (d) preference of vacation time in Article 19 Annual Vacation; layoffs and recalls, subject to the provisions specified in Article 12 Job Postings and Vacancies; promotions and transfers and in filling vacancies within the Bargaining Unit subject to the provisions specified in Article 12 Job Postings and Vacancies. the selection of available rotations by Regular Employees on a unit affected by a new master rotation that does not change an Employee s Full-time equivalency (FTE). " 9"

13 10.04 Seniority shall be considered broken, all rights forfeited, and there shall be no obligation to rehire: (c) (d) (e) When the employment relationship is terminated by either the Employer or the Employee; Upon the expiry of twelve (12) months following the date of initial layoff, if during which time the Employee has not been recalled to work; If an Employee does not return to work when recalled, as provided in the Layoff and Recall Article; When an Employee has been absent for two (2) consecutive working days without having notified the Employer, unless a reason satisfactory to the Employer is provided; When an Employee fails to report to work on the first day following the expiration of a Leave of Absence unless the Employee provides a reason satisfactory to the Employer The Employer shall post a copy of the Seniority List on the joint Bulletin Board every six months. The Seniority List shall contain the name of each Regular Employee s status, and their date of hire The Union shall have thirty (30) calendar days in which to take issue with the Seniority List, otherwise the Seniority List will be deemed to be correct. Should a difference arise regarding an Employee s seniority, the Employer will provide the Union with the information necessary to establish accurate seniority. ARTICLE 11 LAYOFFS It is the exclusive right of the Employer to establish, and vary from time to time, the job classifications, hours of work, and the number of Employees, if any, to be employed in any classification, or in any work place of the facility Notice of Layoff Where, in the opinion of the Employer, it becomes necessary to displace an Employee, due to a reduction of the work force or reduction in regularly scheduled hours of work of a regular Employee, or wholly or partly discontinue an undertaking, activity or service, the Employer will notify the Employee in writing at least fourteen (14) calendar days prior to the date of layoff, except that the fourteen (14) calendar days notice shall not apply where layoff results from an Act of God or emergency such as fire or flood or any other circumstances beyond the control of the Employer. " 10"

14 (c) Where the layoff results from an act of God or emergency such as fire or flood or any other circumstances beyond the control of the Employer, the fourteen (14) calendar days notice is not required. Employees will be laid off in reverse order of seniority provided that the remaining Employees have the skills, training, knowledge and ability to perform the work Application In this provision, classification means all classifications and status means Fulltime or Part-time. (c) In the event of a reduction in the workforce, a displaced Regular Employee may displace a less senior Regular Employee in the same classification within the same status. When a displaced Regular Employee is unable to displace someone with the same classification and status, such displaced Employee may displace a less senior Employee in the same classification with a different status. When an Employee is on an approved Leave of Absence, or Workers Compensation Benefits, or Long Term Disability, the consultation meeting and the notice of layoff, if applicable, shall be served when the Employee has provided notice of readiness to return to work Recall (c) Employees will be recalled in reverse order of layoff provided that the remaining Employees have the skills, training, knowledge and ability to perform the work. The method of recall shall be by telephone, and if contact with the Employee on layoff is not accomplished, by Registered Letter or courier sent to the Employee s last known place of residence or by personal delivery of the same. When dispatched by Registered Letter, the letter shall be deemed delivered five (5) calendar days from the date of mailing. When dispatched by courier, the letter shall be deemed delivered the date it was sent by courier. The Employee so notified will report for work as directed but in any event shall notify the Employer of their intent no later than five (5) days following the delivery date. No new Regular Employee will be hired where there are other Employees within the same classification who are on layoff Other than for the continuation of the seniority held at the time of layoff, an Employee s rights while on layoff shall be limited to the right of recall. " 11"

15 11.06 Employment shall be deemed terminated when an Employee does not return from layoff when notified to do so, or on the expiry of twelve (12) months from the date of layoff, whichever first occurs. Where an Employee on layoff occupies a Temporary position, the twelve (12) month period shall be suspended during her Temporary position and shall recommence upon the termination of the Temporary position for the balance of the twelve (12) month recall period Casual Shifts (c) Regular Employees who have been reduced in regular hours of work through the application of Article 11, and Employees on layoff shall indicate in writing on a regular basis to the Employer their availability to work casual shifts (ie. work opportunities of three (3) months or less). Casual shifts shall be offered to Employees by seniority provided that the Employees have the skills, training, knowledge and ability to perform the work and have indicated their availability in writing to the Employer. Regular Employees who have been reduced in regular hours shall be given first opportunity to casual shifts up to their pre-reduction full-time equivalence. First opportunity to pick up casual shifts will cease at the end of the recall period Severance Commencing on the date of ratification of this agreement, in the event of layoff resulting in permanent reductions of regular Employees, notice, or pay in lieu of notice, shall be granted in accordance with the following Severance Schedule: Service between 3 months to 1 year - 1 weeks notice Service between 2 years to 4 years - 2 weeks notice (c) Service between 4 years to 6 years - 3 weeks notice (d) Service between 6 years to 8 years - 4 weeks notice (e) Service between 8 years to 10 years - 5 weeks notice (f) Service between 10 years and beyond - 8 weeks notice ARTICLE 12 JOB POSTINGS AND VACANCIES The Employer shall post notices of all vacancies required to be filled for not less than seven (7) calendar days in advance of filling the vacancy. The posting shall contain the following information: qualifications and competencies required; " 12"

16 (c) employment status (Regular, Temporary, Casual); classification status (Full-time, Part-time Benefits, Part-time, Casual). For information purposes only, a notice of vacancy shall specify the number of hours per shift and the shift cycle All applications for job postings shall be made in writing to such officer as the Employer has designated on the job posting When filling vacancies, the determining factors shall be job related skills, training, knowledge, ability and experience, and where those factors are considered by the Employer to be equal, seniority shall be the deciding factor Applicants for posted vacancies shall be informed in writing of their acceptance or rejection within five (5) working days of the date of decision A regular Employee who applies for and is successful on a temporary posting shall maintain her status as a regular Employee. A Casual Employee who applies for and is successful for a temporary position shall receive all entitlements and benefits applicable to a Temporary Employee. At the completion of the temporary term, the Regular Employee shall return to her former position. At the completion of her temporary term, the Casual Employee shall resume the normal terms and conditions of employment applicable to a Casual Employee When an Employee voluntarily transfers to a classification with a lower rate of pay, her salary shall be adjusted immediately to the basic rate she would have been entitled to had she been on the lower rated classification from commencement of employment The Employer may fill posted vacancies temporarily until a permanent candidate is selected An Employee selected to fill a vacant position will serve a trial period of one hundred and fifty (150) hours worked or one month whichever is first. At the end of this period, the Employer may transfer the Employee back to her former position if the Employer feels that the Employee is not suitable for the new position. The Employee, in like manner, may wish to return to her former position if she feels she is not suitable for the position. In either case, the Employee will return to her former position without impunity. Other Employees who were transferred or promoted because of the aforementioned described changes shall also transfer back. " 13"

17 ARTICLE 13 JOB CLASSIFICATION AND RATES OF PAY Employees shall be classified and paid in accordance with Schedule A attached hereto Wage rates are effective on the first full pay period following dates specified in the Wage Schedule Retroactive pay will be the difference between Step rates in the Wage Schedule and the rates paid to Employees by the Employer for the equivalent Step in the periods specified in the Schedule For the purpose of wage progression within classifications, nineteen hundred and fifty hours (1950) worked shall constitute one (1) year. Hours worked shall include all hours worked, excluding overtime hours, all hours not worked and paid for, as well as vacation time, paid holidays, medical leaves and Workers Compensation leaves New Employees will be given sufficient orientation to equip them for their work. During orientation the new Employee shall be an extra while working with Regular Employees Employees who terminate their employment and are rehired within six (6) months shall not have to serve a probationary period and shall begin accumulating seniority for hours worked in accordance with Article 9, starting on the date of rehire. The Employee shall be placed at the same increment on the salary scale upon re-employment provided that: (i) they are re-employed into exactly the same classification that they held prior to termination It is agreed that the Employer will discuss with the Union any contemplated changes in pay periods When an Employee is called back, she shall receive a minimum of three (3) hours pay at one and one half (1.5) times her regular rate, or the actual number of hours worked at one and one half (1.5) times the regular rate, whichever is greater If an Employee is called one (1) hour or more before she is scheduled to report for work and informed that she is not to report for work after all, then the provisions of this Article shall not apply Employees who are assigned to work in more than one (1) classification shall be paid at the appropriate hourly rate for all hours worked in each classification. " 14"

18 13.11 Employees required by the Employer to attend mandatory staff meetings, shall be paid at their basic rate of pay for attendance at such meetings Overtime shall apply as follows: ARTICLE 14 OVERTIME (c) After an Employee has completed seven and one half (7.5) or seven and three quarters (7.75) hours in a day or thirty-seven and one half (37.5) hours or thirty eight and three quarters (38.75) hours in a calendar week. Authorized overtime shall be paid at the rate of time and one half (1.5) of the Employee s regular rate of pay. All Full-time Employees who work on an assigned day off at the Employer s request shall be paid at the rate of one and one half (1!) times the Employees regular rate of pay. All Full-time or Part-time Employees who work a concurrent shift at the Employer s request shall be paid at the rate of time and one half (1!) of the Employees regular rate of pay No overtime shall be paid to an Employee who works in excess of the Employees regularly scheduled work hours in a two (2) week period as a result of an exchange of shift No overtime shall be paid to an Employee who accepts a shift on an unscheduled day but which does not exceed thirty-seven and one half (37.5) hours or thirtyeight and three quarters (38.75) hours worked in a one (1) week period The Employer shall designate an individual on the facility premises who may authorize overtime. The Employer shall not unreasonably deny authorization after the facts for overtime worked where such overtime arises as a result of unforeseeable circumstances in which it is impossible to obtain prior authorization. ARTICLE 15 HOURS OF WORK, WORK SCHEDULES, SHIFT EXCHANGES Hours of Work: Regular hours of work for Full-time Employees, exclusive of meal periods shall be: (i) Seven and one-half (7.50) or seven and three quarters (7.75) consecutive hours per day; (ii) Thirty-seven and one-half (37.5 hours per week) or thirty-eight and three quarters (38.75) hours per week. " 15"

19 15.02 Work and Shift Schedules: Employees shall be aware that, in the course of their regular duties, they may be required to work on various shifts throughout the twenty-four (24) hour period of the day and seven (7) days of the week. (i) The first shift of the working day shall fall between 2300 and 0700 hours. (ii) The second shift of the working day shall fall between 0700 and 1500 hours. (iii) The third shift of the working day shall fall between 1500 and 2300 hours. The Employer s operations are continuous twenty-four (24) hours per day seven (7) days per week and the Union recognizes that the Employer requires shifts of days, evenings and nights to meet operational requirements Shifts for Full-time, Part-time and Part-time Benefits Employees will be posted not less than four (4) weeks in advance Part-time and Casual Employees who have indicated their availability in writing to work additional shifts, shall be called for additional shifts in order of seniority within their Employee grouping. Employees who have indicated their availability will be contacted by telephone at all numbers provided by the Employee. If there is no response, the Employer will move on to the next name on the list to offer the shift Except by mutual agreement between an Employee and the Employer, shift schedules for Full-time and Part-time Employees shall provide for: two (2) weekends off in each four (4) week period Except by mutual agreement between a regular Employee and the Employer, shift schedules shall provide for at least fifteen (15) hours off duty between shifts. If the Employee is required by the Employer to change shifts without receiving fifteen (15) hours off duty, she shall be entitled to pay at one and one-half (1.5) times her basic rate of pay for that shift. If the Employee requests a schedule change agreeable to the Employer, this section shall not apply When an Employee who is scheduled reports for work in a normal manner and is notified that no work is available, she shall receive a minimum of three (3) hours of pay. The Employer may assign work to the Employee for the three (3) hours Where an Employee makes a request for time off that may appear to be in violation of this Agreement, the granting of the request will not be considered a violation of this Agreement. " 16"

20 15.09 Shift Trades and Exchanges: Employees may exchange shifts among themselves provided that: The exchanges are agreed to in writing between the affected Employees; and prior approval of the exchange has been given by the Employee s immediate supervisor; and (i) (ii) the Employer shall initial such request; and such exchanges shall be recorded on the shift schedule No overtime shall be paid to an Employee who works in excess of the Employee s regularly scheduled work hours as a result of an exchange of shift. ARTICLE 16 ABSENCE FROM WORK An Employee who is unable to report for work shall give the Employer a minimum of two (2) hours notice Sick Leave with pay is only payable because of sickness and injury and Employees who are absent from duty because of sickness may be required by the Employer to prove sickness. Failure to meet this requirement can be cause for disciplinary action. Repeated failure to meet this requirement can lead to dismissal. A physician s certificate may be requested for such leave. Where the Employee must pay a cost for such proof, upon the production of a receipt for the cost, the full fee shall be reimbursed by the Employer The Employer will monitor Employee attendance through the Employer s Attendance Management Program. ARTICLE 17 SHIFT PREMIUMS Effective the date of ratification, the following premiums will apply: Evening Shift $1.75 per hour Night Shift $1.75 per hour (c) Weekend Day Shift $2.00 per hour " 17"

21 (d) Weekend Evening Shift $1.75 per hour (plus weekend premium of $1.75 per hour) (e) Weekend Night Shift $1.75 per hour (plus weekend premium of $1.75 per hour) All premiums payable under this Article shall not be considered as part of the Employee s basic rate of pay Effective the date of the signing of this Agreement, a Night Shift premium of one dollar and seventy five cents ($1.75) shall be paid to Employees where the majority of the hours of such shifts fall between 2300 hours to 0700 hours There shall be no pyramiding of differentials, premiums and bonuses for purposes of calculation of hourly wages and of overtime wages All premiums payable under this Article shall not be considered as part of the Employee s basic rate of pay. ARTICLE 18 REST PERIODS Employees are expected to take their scheduled rest periods. If they are unable to do so, they must advise the supervisor so alternate arrangements for rest periods can be taken The Employer shall provide two (2) paid fifteen (15) minute rest periods and one (1) thirty (30) minute unpaid meal break per full shift of seven and one half (7.5) hours or seven and three quarters (7.75) hours. These options are subject to the operational requirements of the Employer The Employer shall provide one (1) paid rest period of fifteen (15) minutes during each shift on which the Employee works in excess of four (4) hours The Employer shall provide an unpaid meal period of thirty (30) minutes to be scheduled by the Employer during each working day on which the Employee works in excess of five (5) hours The purpose of breaks is to provide Employees with a rest during their shift. If an Employee chooses not to take her rest periods, she may not bank the time to leave early, come in later or combine them for longer rest periods, unless authorized by management Rest periods are scheduled by each Employee s immediate supervisor. " 18"

22 ARTICLE 19 NAMED HOLIDAYS The following days are recognized as Named Holidays: New Year s Day Victoria Day Labour Day Christmas Day Family Day Canada Day Thanksgiving Day Boxing Day Good Friday August Civic Holiday Remembrance Day To qualify for a Named Holiday with pay, an Employee must: (i) (ii) work her scheduled shift immediately prior to and immediately following the holiday, except where the Employee is absent due to illness or other reasons acceptable to the Employer; and work on the holiday when scheduled Regular Full-time Employees shall be entitled to a day off with pay on a Named Holiday. A Regular Full-time Employee required by the Employer to work on a Named Holiday shall be paid for all hours worked on a Named Holiday at one and one-half (1.5) times the basic rate of pay, plus: (i) (ii) payment for such day at the basic rate of pay; or an alternate day off at a mutually agreed time When a paid holiday falls on a day that would otherwise be the Regular Employee s regularly scheduled day off, the Employee shall receive an alternate day off with pay as outlined in Article (ii) above When a Named Holiday falls during a Regular Full-time Employee s annual vacation, such holiday may, by mutual agreement, be added to the vacation period A Regular Part-time Employee required to work on a Named Holiday shall be paid at one and one-half times (1.5) her basic rate of pay for all hours worked An Employee shall not be entitled to payment for a Named Holiday or a day off in lieu thereof unless she reports for work on her last scheduled shift before the holiday or on her first scheduled shift after the holiday. This restriction shall not apply if the Employee is excused in writing by the Employer or if she is ill on one of the qualifying days and produces an appropriate doctor s certificate; or when the Employee is: (i) on layoff; " 19"

23 (ii) (iii) (iv) (v) in receipt of Workers Compensation benefits; on an unpaid Leave of Absence; on other leaves of absence in excess of thirty (30) days; receiving paid Sick Leave, Short Term Disability or Long Term Disability Benefits. ARTICLE 20 VACATION All Full-time Employees shall be entitled to vacation according to the following schedule, with Part-time Employee entitlement pro-rated based on their regular hours of work. Period Worked Paid Time Off 1 st and 2 nd Years of Employment 75 hours 3 rd through 5 th Years of Employment hours 6 th through 14 th Years of Employment 150 hours 15 th and subsequent Years of Employment Vacation pay is earned on regular gross, statutory holiday pay, and vacation pay earned between April 1 st and March 31 st of the following year The Employer shall post the Vacation Schedule Planner by February 1 st of each year Employees shall not take more than two (2) consecutive weeks of vacation without the prior approval of the Manager Employee requests for vacation in July and August shall be in writing to Department Managers by April 1 st of each year Where an Employee submits a vacation preference by April 1 st of that year, the Employer shall indicate approval or disapproval of that vacation request by April 15 th of that year Where Employees have submitted their requests for vacation within the timeframe of February 1 st to April 1 st stipulated in Article and 19.06, vacation dates shall be allocated based on seniority, where it is operationally possible to do so. Requests for vacation, which are submitted after April 1 st shall be dealt with on a first-come, first-serve basis. When an Employee submits a request in writing after April 1 st for vacation, the Employer shall indicate approval or disapproval in writing within fourteen (14) days of the request for vacation. " 20"

24 20.08 Requests to use vacation shall be subject to the approval of the Employer and shall not exceed the number of vacation days accrued to the date of the request Employees shall be permitted to maintain a level of vacation entitlement equal to one year s vacation entitlement plus an additional five (5) days or thirty-seven point five (37.5) hours unless otherwise mutually agreed. Vacation may be paid out when mutually agreed between the Employee and the Employer. ARTICLE 21 EMPLOYMENT BENEFIT PLANS Effective date of ratification, the Employer will implement the following Employee Benefit Plan and maintain it or an equivalent: Original Plan Design Basic Life 100% paid by Employee One times your annual earnings payable to assigned beneficiary Non-Taxable benefit Accidents and illness covered Coverage is 24 hours/day and 365 days/year Reduces to 50% at age 65 and is terminated at age 70 Dependent Life 100% paid by Employee Spouse $5, Child $2, Accidents and illnesses covered Coverage is 24 hours/day and 365 days/year No limitations or exclusions Terminates at Employee s age 70 Accidental Death and Dismemberment 100% paid by Employee One additional times your annual earnings payable to assigned beneficiary Partial benefits paid for loss or loss of use of limbs Coverage is 24 hours/day and 365 days/year Excludes self-inflicted, suicide, war, military personnel, flight member Reduces to 50% at age 65 and is terminated at age 70 " 21"

25 " Health Benefits 50% paid by Employee Travel insurance including travel outside of Canada Medication: Assure card for payment directly to pharmacy included No deductible Termination of benefits at age 70 Dental 50% paid by Employee Taxable benefit (Premiums paid! by Employee,! by Employer) No deductible 80% coverage for preventive and basic treatments Maximum reimbursement $1,500 per calendar year Termination of benefits at age 70 ARTICLE 22 SICK LEAVE Sick leave is provided by the Employer for the purpose of maintaining regular earnings during absences due to illness or accidents for which compensation is not payable under the Workers Compensation Act nor other Insurer; or for quarantine by a Medical Office of Health The Employer and Union do not condone the use of sick leave benefits for any reason other than legitimate illness Employees who have completed their probation period shall be allowed credit for sick leave from the date of employment of seven and one half (7.5) hours for every one hundred and sixty-five (165) hours worked to a maximum of ninety (90) hours Casual Employees do not qualify for sick leave credits When an Employee has accrued the maximum sick leave credits as defined above, she shall no longer accrue sick leave credits until such time as her total accumulation is reduced below the maximum, when she shall begin to accrue again The right to Sick Leave shall cease upon termination of employment Employees may be requested to submit proof satisfactory to the Employer of any illness, non-occupational accident or quarantine. Where the Employee must pay a cost for such proof, upon the production of a receipt for the cost, the full fee shall be reimbursed by the Employer. " 22"

26 22.08 Any Employee absenting herself on account of personal illness must notify the Employer on the first day of illness before the time he would normally report for duty. Failure to give adequate notice, unless such failure is unavoidable, may result in loss of Sick Leave The Employer will monitor Employee attendance under the Employer Attendance Management Program. ARTICLE 23 LEAVES OF ABSENCE An Employee may be granted a Leave of Absence without pay for personal reasons provided that such leave may be arranged without undue inconvenience to the normal operations of the facility. Except in emergencies, written applications for Leave of Absence must be made at least fourteen (14) days in advance of such leave. Normally an Employee will be expected to take vacation time before a Leave of Absence is granted, except in emergency situations Where any Leave of Absence without pay exceeds four (4) or more consecutive weeks: Credit of seniority, salary increase, vacation and cumulative sick leave will be suspended during the leave; Employees may elect to maintain coverage of contributory plans specified in the Employee Benefit Plans provided that the Employee makes prior arrangements to pay full premium costs to the Employer. Failure to remit the full payment required for benefit coverage shall result in the cancellation of coverage. Reinstatement in any and all plans shall be subject to the enrolment and other requirements of the Underwriter Employees who are on Leave of Absence will not engage in any gainful employment, unless approved by the Employer, with any other Employer while on such leave, and if an Employee does engage in gainful employment while on such Leave of Absence, the Employee will forfeit all seniority rights and privileges contained in this Agreement Bereavement Leave An Employee shall be granted three (3) consecutive working days Bereavement Leave without loss of salary, providing such leave is taken within a seven (7) consecutive day period, in the event of the death of the following relatives of the Employee (including common-law spouses): husband, wife, child, parent, father-in-law, mother-in-law, brother, sister, grandparent, son-in-law, daughterin-law, grandchild or guardian. " 23"

27 23.05 The Employer may request the Employee to provide documentation verifying the leave Maternity Leave or Parental Leave Maternity or Parental Leave shall be granted in keeping with the Alberta Employment Standards Code Leave of Absence for Union Business (c) When it is necessary for a Union member to make a request for a Leave of Absence to perform the duties of any office of the Union including Negotiations, the application for leave must be made in writing to the Employer for approval. The application for leave will be made in writing to the proper office of the Employer with as much advance notice as possible. Two (2) weeks advance notice will be provided except that in extenuating circumstances the time factor may be reduced. The Employer shall not unreasonably withhold Leave of Absence for Employees elected or appointed to represent the Union at conventions, workshops, institutes, seminars, schools or to attend meetings as a member of the Union s Provincial Executive Board. When leave to attend Union business has been approved, it is granted with pay. The Union agrees to reimburse the Employer for actual salary paid to the Employee while on leave plus an amount determined by the Employer to cover the cost of benefits Jury Duty If an Employee is required to serve as juror in any court of law, the Employee shall not lose any pay because of such service provided that the amount paid for such service is promptly repaid by the Employee to the Employer. The Employee must present proof of service and shall notify the Employer immediately upon receipt of notification that the Employee will be required to attend court as a juror. ARTICLE 24 BULLETIN BOARDS The Employer agrees to supply and make available to the Union, for the posting of seniority lists and Union notices, one (1) bulletin board in such place so as to inform all Employees in the bargaining unit of the activities of the Union. " 24"