COLLECTIVE AGREEMENT

Transcription

1 COLLECTIVE AGREEMENT BY AND BETWEEN: B.C. Ltd. Extra Foods #8568, a body corporate carrying on business in Prince Rupert, Province of British Columbia. AND: UNITED FOOD AND COMMERCIAL WORKERS UNION, LOCAL 1518, chartered by the United Food and Commercial Workers International Union, AFL-CIO, CLC DURATION: JUNE 2, 2002 JUNE 15, 2005

2 CONTENTS Article 1 BARGAINING AGENCY... 1 Article 2 UNION SECURITY... 1 Article 3 UNION RECOGNITION... 2 Shop Steward Recognition... 2 Union Representatives Store Visits... 2 Miscellaneous Items... 2 Union Business... 2 Article 4 HOURS OF WORK... 3 Meal Periods... 3 Rest Periods... 3 Requested Time Off (RTO)... 3 Time Clock... 4 Article 5 OVERTIME... 4 Article 6 STATUTORY HOLIDAYS... 4 Article 7 CLASSIFICATION... 5 Duties of Employees... 5 (a) Clerk... 5 (b) Cashier... 5 (c) Baker... 5 (d) Service Clerk... 5 (e) General Merchandise Clerk... 6 (f) Photo Lab Clerk... 6 Article 8 WAGES... 6 GENERAL CLERKS and CLERK CASHIERS Hired Prior to Ratification (May 29, 2002)... 6 GENERAL CLERKS and CLERK CASHIERS Hired After Ratification (May 29, 2002)... 6 GENERAL MERCHANDISE CLERKS Hired After Ratification (May 29, 2002)... 7 SERVICE CLERKS... 7 Article 9 CREDIT FOR PREVIOUS EXPERIENCE... 8 Article 10 VACATIONS... 8 Article 11 HEALTH AND WELFARE... 9 Sick Leave Appointments Outside of Prince Rupert Article 12 LEAVE OF ABSENCE Funeral Leave Pregnancy Leave Parental Leave Paternity Leave Article 13 SEVERANCE PAY Article 14 SENIORITY Key Personnel Article 15 MANAGEMENT RIGHTS Article 16 GRIEVANCE PROCEDURE Article 17 ARBITRATION PROCEDURE Article 18 EXPEDITED ARBITRATION PROCEDURE Article 19 GENERAL PROVISIONS Smocks and Aprons First-Aid Equipment Time Off to Vote... 14

3 Alcohol and Drug Rehabilitation Tools and Equipment Workplace Harassment Policy Article 20 SAVINGS CLAUSE Article 21 DURATION LETTER OF UNDERSTANDING # LETTER OF UNDERSTANDING # LETTER OF UNDERSTANDING # Voluntary Buyout Proposal Appendix Voluntary Buyout Program LETTER OF UNDERSTANDING # Signing Bonus in Lieu of Retroactive Wage Adjustment RETURN TO WORK AGREEMENT... 21

4 COLLECTIVE AGREEMENT BY AND BETWEEN: AND: B.C. Ltd. Extra Foods #8568, a body corporate carrying on business in Prince Rupert, Province of British Columbia. (hereinafter referred to as the Employer ) UNITED FOOD AND COMMERCIAL WORKERS UNION, LOCAL 1518, chartered by the United Food and Commercial Workers International Union, AFL-CIO, CLC (hereinafter referred to as the Union ) WHEREAS: The Employer and the Union desire to establish and maintain conditions which will promote a harmonious relationship between the Employer and the employees covered by the terms of this Agreement and desire to provide methods of fair and amicable adjustment of disputes which may arise between them; NOW THEREFORE: The Employer and the Union mutually agree as follows: Article 1 BARGAINING AGENCY 1.1 The Employer recognizes and agrees that the Union is the sole and exclusive bargaining agent for the employees of the Employer employed at the place set out in the certificate of bargaining authority, except the Owner-Operator, Gail Koch, the Pharmacy Manager, Pharmacists, and the Store Manager at nd Avenue W., Prince Rupert, British Columbia. If Extra Foods relocates in Prince Rupert, all terms and conditions of this Collective Agreement shall apply to such establishments and shall be binding on the parties hereto. 1.2 This Agreement shall be binding on the Employer and the Union and their respective successors, and on each employee. Article 2 UNION SECURITY 2.1 Each employee covered by this Agreement shall within thirty (30) calendar days after entering the employ of the employer become and remain a member in good standing of the Union as a condition of continued employment. 2.2 The Employer agrees to have each new employee sign the Union check-off form and membership application at the time of employment. The Union shall bear the expense of printing the forms. The Employer further agrees to provide the Union once a month with a list containing names of all employees who have terminated their employment during the previous month. 2.3 The Employer agrees to deduct from the wages of each employee, upon proper authorization from the employee affected, such initiation fees, Union dues, fines and assessments as are authorized by regular and proper vote of the membership of the Union. 2.4 Monies deducted during any month shall be forwarded by the Employer to the Secretary-Treasurer of the Union not later than the tenth (10 th ) day of the following month, accompanied by a written statement of the name and social insurance number of each employee for whom the deductions were made and the amount of each deduction. Dues checkoffs are to be submitted on a four-week basis, showing amount deducted each week, for what purpose and the total amount deducted during the four-week period. Union dues deducted by the Employer shall be shown on the employee s T4 slip. 2.5 No employee shall be discharged or discriminated against for any lawful union activity, or for serving on a union committee outside of business hours, or for reporting to the Union the violation of any provisions of this Agreement. C Extra Foods Prince Rupert (05/07/2003) Page 1

5 Article 3 UNION RECOGNITION Shop Steward Recognition 3.1 There shall be a maximum of one (1) Shop Steward and one (1) Alternate Shop Steward elected or appointed, if the Union wishes, to see that the provisions of this Agreement are adhered to. 3.2 The Employer will recognize the Shop Steward selected in accordance with the Union rules and regulations as the representative of the employees, and hereby recognizes that the power to appoint and removal thereof is solely vested with the Union. 3.3 The Union will advise the Employer of the identity of the Shop Steward. 3.4 Subject to the operational needs of the store, the Shop Steward shall be allowed to discuss grievances with the Employer during working hours without loss of pay. This request shall not be unreasonably denied. Union Representatives Store Visits 3.5 A Union representative shall be entitled to visit the store for the purpose of observing working conditions, interviewing employees and ensuring the collective agreement is being implemented. The interview of an employee by a Union representative shall be permitted after notifying the Store Manager and shall be: (a) (b) carried on in a place in the store designated by Management; held whenever possible during the lunch period, however, if this is not practical, during regular working hours. 3.6 Upon request, the Employer will provide a copy of the work schedule to the Union representative. Miscellaneous Items 3.7 The Employer agrees to display the official Union decal of the Union Food & Commercial Workers International Union in a location where it can be seen by customers. 3.8 A bulletin board will be supplied by the Union and will be placed in lunchrooms or other areas in the store as mutually agreed. It is understood that these bulletin boards are the property of the Union and shall be for its exclusive use. Bulletins authorized by the Union concerning the following may be posted by a person authorized by the Union: (a) Meeting notices (b) Safety information (c) Collective Agreement Any other bulletins may only be posted by mutual agreement between the Union and designated management. 3.9 Both the Employ and Union endorse the principles outlined under the Human Rights Act, wherein it is illegal for either the Employer or the Union to discriminate in respect to employment or membership in the Union because of race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation, age or conviction for an offense unrelated to employment or membership in the Union. Union Business 3.10 (a) The Employer agrees that up to two (2) employees chosen to attend to Union business in connection with conventions, conferences, seminars or Union negotiations shall be given time off up to seven (7) days. The Union shall notify the Employer at lease one (1) week in advance of the commencement of all such Leaves of Absence. (b) Upon at least one (1) week s notice, the Employer shall grant a Leave of Absence for the purpose of Union business to one (1) employee on the following basis: Up to six (6) months Leave of Absence without review and further six (6) months by mutual agreement. C Extra Foods Prince Rupert (05/07/2003) Page 2

6 Provincial Conferences: In the event the Union should call a Provincial Conference, time off for Union business shall be grated to two (2) employees. The Employer shall be given at least three (3) weeks notice of such conferences. The Employer will bill the Union and the Union will reimburse the Employer for wages paid to the employee and benefit contribution made on the employee s behalf during such absence. Article 4 HOURS OF WORK 4.1 The following provisions are established for payroll calculation purposes only, and shall not be construed as a representation or guarantee by the Employer of any time or period of work or employment. 4.2 The workweek shall be the seven (7) day period Sunday to Saturday inclusive. 4.3 The normal basic workweek for full-time employees shall be forty (40) hours, consisting of five (5) eight (8) hour days. 4.4 Employees shall be paid at their regular hourly rate for each hour worked, except when scheduled for less than four (4) hours; in which event they shall receive a minimum of four (4) hours pay. Students shall be guaranteed two (2) hours pay, Monday through Thursday. 4.5 If an employee is called by the Employer to report for work, and upon reporting finds that his or her services are not needed, he or she shall receive four (4) hours pay, except in the event of emergency. The above regulations apply to students who work on a day which is not a school day or on a day on which the store is open for night shopping. A student who is called for work on a school day on which the store is not open for night shipping must work a minimum of two (2) hours or be paid for two (2) hours. A student who is called for work on a school day and upon reporting for work finds that his or her services are not required shall receive two (2) hours pay. Night shopping is defined as when the store is open after 7:00 p.m. 4.6 Daily hours of work shall be consecutive with the exception of the meal period. Split shifts will not be worked except with the express agreement of the Owner-Operator and the employee. Meal Periods 4.7 Meal periods shall be thirty (30) minutes unless a longer time is mutually agreed upon. Employees who work an eight (8) hour shift shall have an unpaid meal period to commence not earlier than three (3) hours nor later than five (5) hours after commencement of the shift; however, when such employees commence their shift between 12:00 noon and 1:30 p.m., their meal period shall not be scheduled prior to 4:30 p.m. Employees working over five (5) hours but less than eight (8) hours shall be entitled to an unpaid meal period of thirty (30) minutes. Rest Periods 4.8 (a) An employee working greater than six (6) hours shall be scheduled for two (2) rest periods with pay. (b) (c) (d) An employee working six (6) hours or less shall be scheduled for one (1) rest period with pay. Each rest period shall be for a period of fifteen (15) minutes. An employee working six (6) hours shall have the option of substituting the meal period with a second rest period. The Employer to be notified of such option prior to the schedule being finalized. 4.9 (a) The Employer shall post the weekly work schedule for all employees not later than Monday 6:00 p.m. for the following workweek. An employee s schedule may be changed without notice in the event of absence of other staff due to sickness or accident or in the event of emergencies, such as fire, flood, breakdown of machinery or other instances of force majeure. In all other cases, at least twenty-four (24) hours notice of any change must be given or four (4) hours additional pay in lieu of notice. Requested Time Off (RTO) (b) Requested time off in writing received prior to the posting of the weekly schedule shall be granted without loss of hours subject to the operational needs of the store and the C Extra Foods Prince Rupert (05/07/2003) Page 3

7 employee requesting the RTO availability. RTOs shall not be unreasonably withheld. RTOs granted after the posting of the schedule may result in loss of hours There shall be an interval of not less than ten (10) hours between shifts for all employees. An employee who is not allowed a ten (10) hour interval between shifts shall be paid at the rate of time and one-half (1-1/2) for time worked prior to the expiry of the ten (10) hour interval No employee shall be required to work more than six (6) consecutive days nor more than five (5) days in any workweek No employee shall be required to work alone on the premises on night shift It is the obligation of the employee to provide as much notice as possible when they are unable to report for a scheduled shift. The employee shall make every effort to notify the Employer in advance of the absence as well as advising the Employer as to the estimated length of the absence and give notice of when they are able to return to work After absence due to illness or injury, the employee will be returned to his or her job when capable of performing his or her duties. In the case of lengthy absence from work, the Employer may require the employee to provide a medical clearance to return to work. The Employer to pay the cost of the first visit to the doctor to obtain such clearance. If a clearance is not obtained then the cost of subsequent visits to the doctor to obtain such clearance to be paid by the employee. Time Clock 4.15 The Employer shall provide a time clock to enable employees to record their time for payroll purposes. Employees shall record their own time at the time they start and finish work and the time they commence and return from meal periods. Management agrees to assume its full responsibility in seeing that all employees are compensated for all time worked An employee who fails to record all time worked shall be penalized, upon written authorization from the Union, as follows: (i) 1 st violation: three (3) day suspension (ii) subsequent violation: one (1) week suspension. The suspension to be implemented within one (1) month unless agreed otherwise. Article 5 OVERTIME 5.1 All time worked in excess of the basic workweek or workday, as defined in Article 4 of this Agreement, shall be paid at the rate of time and one-half (1-1/2X) the regular hourly rate. 5.2 Notwithstanding the above, all hours worked in excess of eleven (11) hours in a workday and fortyeight (48) hours in the workweek, shall be paid at two times (2X) the regular hourly rate, provided overtime pay has not been received for such hours. 5.3 All overtime work must be authorized by those authorized or designated by the Employer to authorize overtime. 5.4 Employees required to work beyond ten (10) hours per day shall be provided with a paid rest period of fifteen (15) minutes and be provided with a similar rest period every four (4) hours thereafter. Article 6 STATUTORY HOLIDAYS 6.1 The Employer shall give to each eligible employee a holiday with pay on each of the designated Statutory Holidays. For each such holiday, an employee shall be paid based on the average hours worked in the preceding four (4) weeks in accordance with the following schedule: Sixteen (16) but less than twenty (20) Twenty (20) but less than thirty-two (32) Thirty-two (32) or more hours Four (4) hours pay for each holiday Six (6) hours pay for each holiday Eight (8) hours pay for each holiday C Extra Foods Prince Rupert (05/07/2003) Page 4

8 Should the four (4) weeks preceding the week in which a Statutory Holiday occur include time off on an approved absence, then the four (4) week test shall not include such absence. In this case, the four (4) weeks shall be the last four (4) weeks excluding such absences. 6.2 The designated Statutory Holidays shall be: New Year s Day Victoria Day B.C. Day Thanksgiving Day Christmas Day Easter Sunday Canada Day Labour Day Remembrance Day Boxing Day 6.3 All time worked on a Statutory Holiday shall be paid at one and one-half times (1-1/2X) the regular rate except any hours worked in excess of eight (8) shall be paid at two times (2X) the regular rate. 6.4 Employees who have established seniority in accordance with Article 14 and who have worked their last working shift scheduled by the Employer within thirty (30) days previous to the Statutory Holiday and who work their first working day scheduled by the Employer within thirty (30) days following the Statutory Holiday shall receive their regular wages for such holiday. 6.5 With mutual agreement of the Employer and the employee, Statutory Holidays may be scheduled in the week prior to or the week following the week in which the Statutory Holiday occurs. 6.6 When a Statutory Holiday falls within an employee s scheduled vacation, he or she shall receive a day off with pay in conjunction with his or her vacation. Article 7 CLASSIFICATION 7.1 For purposes of seniority, employees shall be divided into five (5) classifications: Clerks, Cashiers, Service Clerks, G.M. Clerks and Photo Lab Clerks and into six (6) departments: Grocery, Bakery, Front-End, Produce, General Merchandise (G.M.) and Photo Lab. (G.M. includes Pharmacy Technician.) Duties of Employees 7.2 The duties of the employees to include the following: (a) Clerk To perform any duties assigned in the store. Will not perform checkstand duties except to cover rest or meal periods, unscheduled absences of staff or business emergencies. (b) (c) (d) Cashier Checkstand duties, price changes, office work, stocking in the checkstand areas, cleaning and housekeeping duties relating to the checkstand or Front End duties that may be required based on the operational needs of the store. Baker To perform any duties in the Bakery Department. Service Clerk Any duty in the store except: 1. Receiving 2. Stocking (including facing) 3. Operating a till 4. Counter service in the bakery Such duties shall not take away from existing hours of other classifications. Penalties for violation of Service Clerk duties: (i) Service Clerk - 1 st violation: written warning from Union - 2 nd violation: two (2) weeks suspension without pay - 3 rd violation: termination of employment (ii) Bargaining Unit Employee Directing Service Clerk to violate rules Re: Service Clerk duties: - 1 st violation: written warning from Union C Extra Foods Prince Rupert (05/07/2003) Page 5

9 - 2 nd violation: two (2) weeks suspension without pay - 3 rd violation: termination of employment (iii) Non-Bargaining Unit Person Directing Service Clerk to violate rules Re: Service Clerk duties: - 1 st violation: written warning from Union - 2 nd violation: five hundred dollar ($500.00) fine - 3 rd and subsequent violations within a twelve (12) month period of the date of the last violation will result in fines of one thousand dollars ($1,000.00) for each violation. (e) (f) General Merchandise Clerk Duties are anything but work in a Food Department or cash on a Front-End Till. Photo Lab Clerk Duties as assigned in a Photo Lab Department. Article 8 WAGES 8.1 The Employer agrees to pay all persons covered by the terms of this Agreement not less than the following Schedule of Wages during the life of this Agreement: GENERAL CLERKS and CLERK CASHIERS Hired Prior to Ratification (May 29, 2002) Hours Current SAR, 2002 June 1, 2003 May 30, Leona Thicke and Anne Blyth GENERAL CLERKS and CLERK CASHIERS Hired After Ratification (May 29, 2002) Hours SAR, 2002 June 1, 2003 May 30, C Extra Foods Prince Rupert (05/07/2003) Page 6

10 GENERAL MERCHANDISE CLERKS Hired After Ratification (May 29, 2002) Hours SAR, 2002 June 1, 2003 May 30, SERVICE CLERKS Hours Current SAR, 2002 June 1, 2003 May 30, Upon ratification 2002, existing Service Clerks will be moved to the start rate of the General Clerk, Clerk Cashier HIRED AFTER RATIFICATION 2002 wage scale and their class hours will be reset to zero (0). The seniority date of the existing pre-2002 ratification Service Clerks shall be maintained. After ratification 2002, Service Clerks may request a transfer to a different classification. Should the Employer accept this request, the Service Clerk will be moved to the General Clerk, Clerk Cashier or General Merchandise wage scale for employees hired after ratification 2002 at their equivalent wage rate (not lower) and be given class hours equivalent to this rate. Their seniority date shall be the date the employee starts in the new classification for the purpose of claiming hours, reduction of hours or layoff. 8.2 No employee shall suffer a reduction in their current rate of pay as a result of the implementation of these wage scales. 8.3 The Employer shall every Friday pay each employee all wages earned by the employee up to and including the previous Saturday. 8.4 Each employee shall receive a statement of earnings for each pay period. This statement will include wage rates, hours paid, overtime, all deductions and any other information necessary to explain the calculation of earnings. 8.5 Any employee resigning his or her position or terminated by the Employer shall be paid all monies due to him on the next regular pay day. 8.6 Employees selected to provide relief for Department Managers, Assistant Store Managers or Key Personnel shall receive a premium of one dollar ($1.00) per hour over their regular rate of pay for all hours worked in relief, provided they work a minimum of two (2) days in the relief position. 8.7 Staff meetings, called by the Employer, whether in the store or off the premises, shall be considered as time worked and paid for accordingly, except meal meetings at which the attendance is voluntary. Such meal meetings in excess of three (3) during each contract year shall be considered as time worked and paid for accordingly. C Extra Foods Prince Rupert (05/07/2003) Page 7

11 8.8 Where the Employer requires an employee to take a physical examination, doctor s fees for such examination shall be paid by the Employer. Except prior to commencement of employment and the first four (4) weeks of employment, such examinations shall be taken during the employee s working hours without loss of pay to the employee. 8.9 An employee summoned to jury duty or as a Crown witness, where subpoenaed in a court of law, or where subpoenaed to an Arbitration hearing or Labour Relations Board hearing by the Employer, shall be paid wages amounting to the difference paid them for jury or witness service and the amount they would have earned hard they worked on such days. Employees on jury or witness duty shall furnish the Employer with such statements of earnings as the courts may supply. Article 9 CREDIT FOR PREVIOUS EXPERIENCE 9.1 New employees will be classified according to previous, comparable experience in a comparable, unionized retail food store. The Employer shall not be required to recognize previous experience of new employees who have not worked in a comparable retail food store in the past twelve (12) months. 9.2 It shall be the responsibility of the employee to supply reasonable proof of his or her previous experience within two (2) weeks of hiring. Otherwise, all claims for credit for previous experience shall be forfeited by the employee. Reasonable proof will mean that if past employment records are not obtainable, the Union records, income tax records, or other similar documents will be acceptable. The hourly rate for recognized credit will be effective from the first day of employment. 9.3 The employee will receive credit for fifty percent (50%) of his or her previous experience to a maximum of 2080 hours credit for previous experience. Article 10 VACATIONS 10.1 All employees shall be entitled to annual vacation time and pay according to their completed years of continuous service with the Employer at the beginning of each vacation year, as follows: YEARS OF SERVICE Less than 1 year One (1) vacation day per completed month worked, to a maximum of ten (10) vacation days, and four percent (4%) of gross wages as vacation pay; 1 year or over Two (2) weeks vacation and four percent (4%) of gross wages earned in the preceding vacation year as vacation pay; 3 years or over Three (3) weeks vacation and six percent (6%) of gross wages earned in the preceding vacation year as vacation pay; 8 years or over Four (4) weeks vacation and eight percent (8%) of gross wages earned in the preceding vacation year as vacation pay; 13 years or over Five (5) weeks vacation and ten percent (10%) of gross wages earned in the preceding vacation year as vacation pay. 18 years or over Six (6) weeks vacation and twelve percent (12%) of gross wages earned in the preceding vacation year as vacation pay Two months prior to the commencement of the vacation year the Employer will post a calendar on which the employees shall indicate their preference for their annual vacation. Preference for vacation requests shall be given to the senior employee. The Employer will designate on the calendar the number of employees who may take vacation in each week The employees must take their scheduled annual vacation within each vacation year. The vacation year shall mean the period between January 1 st of one calendar year to January 1 st of the next calendar year Paid vacations and statutory holidays shall be considered as time worked for all purposes of the Collective Agreement When an employee resigns or is terminated, in the course of payment of his or her final pay entitlement, he or she will receive payment for any annual vacation entitlement earned but unpaid. C Extra Foods Prince Rupert (05/07/2003) Page 8

12 Article 11 HEALTH AND WELFARE 11.1 On request, the Employer agrees to make available to eligible employees the following Health and Welfare Plan, the premiums for which will be paid by the Employer. In all events, the Employer s liability is limited to paying the premiums for such coverage. The Employer, upon request, will provide a copy of the benefit plan(s) to the Union. The Health and Welfare Plan is available for employees who work an average of the hours as set out below over a thirteen (13) week period. 32 hours - Full plan 24 hours - Partial plan to include: - MSP (individual) - Life Insurance - Extended Health - HEP 11.2 Benefits Full Plan (a) (b) (c) (d) Medical Services Plan of British Columbia (individual) Extended Health Care Benefit Hearing Aid, Eyeglasses and Prescription Drug Plan Dental Plan (e) Life Insurance ($25,000.00) (f) Weekly Indemnity Benefits shall be paid commencing on: (i) (ii) the first day of hospitalization due to non-occupational accident or sickness; or the sixth day of absence due to sickness or non-occupational accident with a twenty-six (26) week benefit period, if the employee has accumulated six (6) days in their sick bank. If the employee does not have six (6) days accumulated, then WI will start on the fourth day. Weekly Indemnity payments shall be in the amount of 75% of an employee s straight-time rate of pay. (g) Long-Term Disability (60% of earnings from 26 th week to 2 years) No employee presently receiving full benefits will be reduced to partial benefits as a result of the implementation of this plan RRSP The Employer agrees that for each hour worked by a qualified employee, the Employer will pay $0.40 to a Registered Retirement Savings Fund account established for the purpose of providing pension benefits for the individual employee concerned. In addition, the Employer agrees to pay an amount EQUAL to the amount contributed by the employee for the same hour, not to exceed the following: Effective SAR 2002 The Employer s total contribution shall not exceed $0.60. June 2003: The Employer s total contribution shall not exceed $0.70. June 2004: The Employer s total contribution shall not exceed $0.80. Base Employer Contribution Employee* Maximum Met Contribution Additional Employer Contribution Total Contribution to Plan SAR 2002 $0.35 $0.25 $0.25 $0.85 June 2003 $0.40 $0.30 $0.30 $1.00 June 2004 $0.45 $0.35 $0.35 $1.15 * An employee may contribute more to the plan but this will not be matched by the Employer. C Extra Foods Prince Rupert (05/07/2003) Page 9

13 ** Clarification: To qualify for the RRSP Plan, the employee must have 2080 hours of actual work with the Employer. Sick Leave 11.4 Employees receiving full benefits shall accumulate sick leave credits on the following basis: four (4) hours per month of service to a maximum of forty-eight (48) hours. No employee shall accumulate any sick leave credits beyond forty-eight (48) hours. Effective year ending December 2002, and on each December 31 thereafter, he/she shall receive a payout equivalent to one-half (1/2) the number of hours in his/her sick bank to a maximum of twenty-four (24) hours and the remaining one-half (1/2) of the hours will roll over to the new year as the start of the employee s new bank. Appointments Outside of Prince Rupert 11.5 Employees may use a sick day(s) for a doctor s appointment outside of Prince Rupert. Confirmation of the appointment, but not the reason for the appointment, may be required. Article 12 LEAVE OF ABSENCE Funeral Leave 12.1 In the event of death of a brother, sister, mother-in-law, father-in-law, sister-in-law, brother-inlaw, grandmother, grandfather, grandchild or any relative living in the household of the employee, the Employer will grant up to three (3) paid days compassionate Leave of Absence. This leave will be granted to attend the funeral and such time off must be taken at the time of bereavement. In the event of death of spouse, father, mother or child, the employee shall be entitled to one (1) week s Leave of Absence with pay at the time of the bereavement. It is understood that in the case of a part-time employee, the compensation shall be at the average hours worked during the preceding four (4) weeks. An employee s day off will not be used to circumvent Funeral Leave provisions. This leave may be extended with the agreement of the Employer by using Vacation Time or Requested Time Off Compassionate leaves to all employees will be dealt with on an individual basis. Pregnancy Leave 12.3 (a) An employee who is pregnant shall be given Leave of Absence without loss of seniority or other privileges for a maximum of seventeen (17) weeks, up to eleven (11) weeks prior to the expected delivery date and at least six (6) weeks after the actual delivery date. The employee may choose to delay the commencement of her Maternity Leave provided she is medically fit to perform the full range of duties of her position. This will not affect the employee s entitlement to Pregnancy Leave. (b) (c) (d) (e) An employee is entitled to up to six (6) additional consecutive weeks of unpaid leave if, for reasons related to the birth of the termination of the pregnancy, she is unable to return to work when her leave ends under subsection (a). All such requests must be submitted in writing at least two (2) weeks prior to their return to work date. The request must specify the length of the extension and the revised date the employee will be available to return to work. The length of the extension can be modified by mutual consent. In addition to the Pregnancy Leave set out above, the attending physician certifying that the health of the mother or child may be in danger by the mother continuing to work may extend such leave prior to delivery. Benefit entitlement for the above leaves shall be as required by the Employment Standards Act. Parental Leave 12.4 (a) An employee who requests Parental Leave under this Section is entitled to: (1) for a birth mother who takes Leave within one (1) year of the birth of a child and in conjunction with Pregnancy Leave taken under Section 12.3, up to thirty-five (35) weeks of unpaid leave, beginning immediately after the end of the leave taken under Section C Extra Foods Prince Rupert (05/07/2003) Page 10

14 (2) for a birth mother who does not take a leave under Section 12.3 in relation to the birth of a child, up to thirty-seven (37) weeks of unpaid leave beginning after the child s birth and within fifty-two (52) weeks after the event. (3) for a birth father, up to thirty-seven (37) weeks of unpaid leave beginning after the child s birth and within fifty-two (52) weeks of that event. (4) for an adopting parent, up to thirty-seven (37) weeks of unpaid leave beginning within fifty-two (52) weeks after the child is placed with the parent. (b) (c) (d) If certified by a licensed medical practitioner that the child requires an additional period of parental care, the employee is entitled to up to five (5) additional weeks of unpaid leave, beginning immediately after the end of the leave taken under Subsection (a) above. The employee is required to give the Employer four (4) weeks advance notice in writing of their intention to take a leave. The Employer may request this notice be accompanied by a medical practitioner s certificate or other evidence of the employee s entitlement to leave. Benefit entitlement for these above leaves shall be as required by Employment Standards Act. Paternity Leave 12.5 An employee about to become a father shall be entitled to an unpaid leave of absence of up to five (5) days at the time of the birth of his child or the adoption of pre-school-age child or children. The employee may use one (1) week s vacation at his option Leaves of absence for purposes other than the above shall be made on the basis of merit, seniority and operational needs of the store. All leaves of absence shall be at the sole discretion of the Employer. Such leave not to be unreasonably denied. It is also understood that where practical all leaves of absence must be applied for in writing In any instance where an employee accepts other employment, without the consent of the Employer, when on leave of absence for any reason, his or her employment may be terminated, subject to proper proof of same. Article 13 SEVERANCE PAY 13.1 Commencing after thirty (30) calendar days from date of employment, full-time employees when terminated by the Employer, unless terminated for cause, shall receive notice in writing or pay in lieu of notice as follows: After first thirty (30) calendar days up to two (2) years continuous service, one (1) week s notice in writing or one (1) week s wages in lieu thereof. From two (2) years up to five (5) years continuous service, two (2) weeks notice in writing or two (2) weeks wages in lieu thereof. More than five (5) years continuous service, four (4) weeks notice in writing or four (4) weeks wages in lieu thereof In the event there is a permanent store closure causing a full-time employee to lose his or her employment, the Employer hereby agrees to pay such employee severance pay at his or her regular rate of pay according to the following schedule: One (1) week s pay for every year of full-time service to a maximum of ten (10) weeks This clause does not apply to a temporary layoff, employees who accept other full-time or part-time employment with the Employer or to employees who lose employment and are reinstated within thirty (30) days to employment. Employees who are laid off as the result of store closure can elect to receive their severance pay at any time up to the expiry of their recall period. Upon accepting severance pay, the employee has no further claim to employment with the Employer. If an employee is recalled or commences work within the recall period, then a new recall period shall commence from the date of a subsequent layoff. C Extra Foods Prince Rupert (05/07/2003) Page 11

15 Employees who qualify shall not be entitled to the benefits contained in Section 13.1 of this Agreement Full-time employees reduced to part-time who terminate or are terminated within three (3) months of the date of their reduction to part-time shall be given whatever pay in lieu of notice they were entitled to immediately prior to the date of their reduction to part-time, unless terminated for cause A copy of notice of dismissal or layoff of full-time employees who have been employed more than thirty (30) calendar days shall be forwarded to the Union office at the date of giving such notice to the employee concerned. Article 14 SENIORITY 14.1 Seniority is defined as the length of continuous service with the Employer. Seniority shall be segregated by job classification, by department and further by employment status full-time and parttime For clarification, continuous service shall include all leaves of absence from work pursuant to the Collective Agreement, e.g., vacations, accident/ illness, leaves of absence, etc All employees hired shall be considered probationary for the first two hundred forty (240) hours of work after hiring. During this period, seniority will not be applicable and the Employer may terminate the probationary employee for any reason. Upon successful completion of the probationary period, the employee shall be granted seniority from date of hire In the case where two or more employees commence work on the same date, their seniority shall be determined at the end of the probationary period. At the end of the probationary period, the seniority dates of newly hired employees shall be sent to the Union office. The seniority will be determined by the number of hours worked by the employees A full-time employee is defined as one who works the normal, basic work week for a period of thirteen (13) consecutive weeks if none of the hours worked during those weeks are to work on relief staff or to replace employees absent due to vacation, sickness, accident, or other approved leaves of absence Full-time employees will have seniority over part-time employees. A full-time employee whose status is reduced to part-time will be placed at the top of the seniority list for part-time employees within his or her job classification The Employer will prepare separate seniority lists for full-time and part-time employees. The seniority lists will be revised on a quarterly basis. Each seniority list will show the name, date of employment, classification, department and rate of pay for each employee. Copies of seniority lists will be posted in each department with revised copies mailed to the Union office For the purposes of this Agreement the following departments are present in the store: 1. Grocery, which includes frozen food; 2. Produce, which includes bulk foods; 3. Bakery, which includes bakery counter; 4. Front-End; 5. General Merchandise; and 6. Photo Lab. The Photo Lab and Pharmacy Technicians will be separate seniority groups from the other G.M. Clerks for the purpose of scheduling From time to time, the Employer may establish new departments according to the following criteria: (a) a new group of products or commodities are to be sold or services offered; (b) the preexisting mix of products or commodities is substantially altered to the extent that merchandising and staff requirements are substantially altered. When a new department is established, the Department Manager for that department will be added to the exclusions under Article Merit, fitness and ability being equal, seniority shall govern in cases of layoff, recall, reduction to parttime and promotion. The employer agrees to act in good faith and further agrees not to discriminate in any manner. It is agreed that the Employer shall be the sold judge as to an employee s merit, fitness and ability. C Extra Foods Prince Rupert (05/07/2003) Page 12

16 14.11 Seniority of an employee shall be considered broken and all rights forfeited when an employee voluntarily leaves the service of the Employer, or is dismissed with just cause, or fails to report back to work within seventy-two (72) hours from time of recall, or is laid off for a period in excess of twentysix (26) consecutive weeks. In cases of recall, the Employer will telephone and/or send a registered letter to the employee In scheduling part-time employees in a department, the most available part-time hours of work on a weekly basis shall be assigned to employees within the classification, within the department, on the basis of seniority, provided the employee has the qualifications and ability to handle the work to be performed in a competent manner. Hours shall be assigned on a weekly basis by seniority so that by the end of each week senior employees in the department shall not receive fewer hours than junior employees in the department unless the senior employee restricts his/her availability Employees other than students shall state by the end of the first week of January and one other date (floater) whether they are unrestricted or restricted and if restricted when they are available to work. Students shall state within one (1) week at the beginning or end of each semester or school term whether they are restricted and if restricted when they are available to work Notwithstanding Article 14.12, it is understood that unrestricted employees shall be scheduled in priority to restricted employees. Restricted employees hired prior to June 1, 1994 shall continue to be scheduled in accordance with past practice In the event a full-time employee is laid off or is reduced to part-time, or a part-time employee is reduced to zero (0) hours for four (4) consecutive weeks, such employee shall be entitled to displace the most junior employee within his or her classification in another department, provided that the employee to be displaced is junior to the employee seeking to bump in to the department. Key Personnel Where the Employer appoints a Department Manager in any of the following departments, the employee will receive a premium of one dollar ($1.00) per hour over their existing rate on the wage scale: - Front-End - Photo Lab - Bakery Employees within the Bargaining Unit shall be considered for Key Personnel positions provided they are available and can perform the work. Employees in these positions are scheduled without regard to Section 14. Article 15 MANAGEMENT RIGHTS 15.1 The Union agrees that the management of the employees, including the right to plan, direct and control store operations, to direct and schedule the working force, to discharge employees for cause, and those matters requiring judgement as to the competency of the employee, are the sole right and function of the Employer The Parties agree that the Employer shall be the sole judge of the merchandise it may handle, process, manufacture or package and of the manner in which these functions may be carried out and in which the merchandise may be handled, stored, shipped or sold The Parties agree that the foregoing enumeration of management s rights shall not be deemed to exclude other recognized functions of management not specifically covered by this Agreement. The Employer, therefore, retains all rights not otherwise specifically covered in this Agreement. Article 16 GRIEVANCE PROCEDURE 16.1 Should a dispute arise between the Employer and an employee or the Union as an entity regarding the interpretation, application or violation of this Agreement, it shall be resolved in the following procedural manner: Step A: At the first opportunity from the time the grievance arose (or a person, acting reasonably, would have been aware of the grievance) and in any event within fourteen (14) days, the employee, accompanied by the Shop Steward if the employee so wishes, shall discuss the matter with the Department Manager or Store Manager. C Extra Foods Prince Rupert (05/07/2003) Page 13

17 Step B: Should a solution not be reached under Step A, then the Union Representative shall, within fourteen (14) days, state the grievance in writing, describing the grievance and specifying the Article or Articles which are alleged to have been violated as well as the remedy being sought, date and sign the grievance and discuss the matter with the Owner-Operator. If a solution is reached, this shall be final. Article 17 ARBITRATION PROCEDURE 17.1 If the procedures set forth in Article 16.1, Step A and Step B, do not result in a solution being reached within twenty-one (21) days of the first discussion between a Union Representative of the Union and representative of the Employer, or within such further period as the Employer and the Union agree to in writing, the dispute shall be referred to an agreed upon single Arbitrator who will meet with the authorized representatives of the Union and the Employer to hear both sides of the grievance Should the parties not agree on an arbitrator within three (3) weeks of the referral to arbitration then either party may apply to the Minister of Labour or the Arbitration Bureau established under the Labour Relations Code to appoint an arbitrator Any grievance which is not advanced within the time limits set out in Article 16 shall be forfeited and waived. The parties may agree to extend any time limits in the grievance and arbitration procedure The Arbitrator shall endeavour to hand down his/her decision within three (3) weeks following completion of the hearing. The Arbitrator shall not have authority in any manner to amend, alter or change any provisions of this Agreement The expenses and remuneration of the Arbitrator shall be paid by the parties in equal shares. Article 18 EXPEDITED ARBITRATION PROCEDURE 18.1 In the event an employee is terminated from employment, or receives a lengthy suspension, a grievance may be submitted to expedited arbitration under the following procedure. The grievance must be filed within ten (10) days of the termination indicating whether the employee is invoking expedited arbitration. If expedited arbitration is invoked by either party, the parties must meet within fifteen (15) days of the termination to attempt to resolve the grievance. If the parties are unsuccessful in resolving the dispute, the grievance may be advanced to arbitration by referring the matter to any of Allan Hope, Ken Albertini or Colin Taylor on the dates of the parties earliest availability. Article 19 GENERAL PROVISIONS Smocks and Aprons 19.1 Where the Employer requires the employees to wear smocks or aprons, the Employer shall provide and repair such smocks and aprons free of cost to the employee. First-Aid Equipment 19.2 The Employer agrees, during the term of the Agreement, to furnish and maintain first-aid equipment in its stores, as required by WCB Regulation. Time Off to Vote 19.3 The Employer agrees that it will fully comply with any law requiring that the employee be given time off to vote. Alcohol and Drug Rehabilitation 19.4 The Employer and the Union recognize that drug and alcohol abuse can have serious negative impact on both the Employer and the employee. The parties mutually agree to co-operate in resolving problems with drug and alcohol abuse with a view towards rehabilitating employees suffering from such abuse. C Extra Foods Prince Rupert (05/07/2003) Page 14

18 Tools and Equipment 19.5 All tools and equipment which are required to be used by the employees shall be supplied and kept in repair by the Employer at no cost to the employee. These items must be kept on the premises. Workplace Harassment Policy 19.6 The Employer does not condone racial or sexual harassment in the workplace. Where an employee feels that he or she has been subject to racial or sexual harassment on the job, the employee or the employee and the Shop Steward shall file a complaint with the Employer. The Employer will investigate the complaint thoroughly and in a timely manner. (This does not preclude the Union from investigating the matter or assisting in the investigation.) If the Employer determines that harassment has occurred, it will take the necessary steps to remedy the situation. While the parties hope to address these situations internally, nothing in this clause prevents an employee from filing a complaint with the Human Rights Council. Article 20 SAVINGS CLAUSE 20.1 If any Article of this Agreement should be held invalid by operation of law or by a tribunal of competent jurisdiction, or if compliance with or enforcement of any Article should be restrained by such tribunal, pending a final determination as to its validity, the remainder of this Agreement shall not be affected thereby. Article 21 DURATION 21.1 This Agreement shall be in full force and effect from and including June 2, 2002, to and including June 15, 2005, and shall continue in full force and effect from year to year thereafter subject to the right of either Party to this Agreement, within four (4) months immediately preceding the expiry of this Agreement, to give written notice to the other Party to commence collective bargaining There shall be no strikes or lockouts so long as this Agreement continues in force Should either party give written notice to the other party pursuant hereto, or such notice be deemed to be given by operation of law, this Agreement shall thereafter continue in full force and effect and neither party shall make any change in the terms of the Agreement, or increase or decrease the rate of pay of any employee for whom collective bargaining is being conducted, or alter any other term or condition of employment until: (a) the Union shall give notice of a legal strike; (b) (c) the Employer shall give notice of a legal lockout; The Parties shall conclude a renewal or revision of the Agreement or a new Collective Agreement The Parties hereto agree that the operation of Section 50(2) of the Labour Relations Code of British Columbia is hereby excluded. SIGNED at Prince Rupert, British Columbia, this 29 th day of May, FOR THE UNION FOR THE EMPLOYER United Food & Commercial Workers, Local B.C. Ltd. Extra Foods #8568 Brooke Sundin, President Darcy Koch, Owner Operator C Extra Foods Prince Rupert (05/07/2003) Page 15