COLLECTIVE AGREEMENT BETWEEN ALBERTA UNION OF PROVINCIAL EMPLOYEES AND VENTA CARE CENTRE LTD. LOCAL 047 CHAPTER 022 GENERAL SUPPORT SERVICES

Transcription

1 COLLECTIVE AGREEMENT BETWEEN ALBERTA UNION OF PROVINCIAL EMPLOYEES AND VENTA CARE CENTRE LTD. LOCAL 047 CHAPTER 022 GENERAL SUPPORT SERVICES AUGUST 1, 2013 JULY 31, 2015

2 ARTICLE NUMERICAL TABLE OF CONTENTS PAGE NO. Preamble Term of Collective Agreement Definitions Recognition Union Membership and Dues Deduction Management Rights No Discrimination No Strikes or Lockouts Probationary and Orientation Period Seniority Performance Appraisals Appointments, Transfers and Promotions of Work Overtime Salaries Inservice Programs Pyramiding Shift and Weekend Premium Temporary Assignments Named Holidays Annual Vacation Employee Benefits Illness Leave Call-Out Pay Workers Compensation Leave of Absence Leave of Absence - Union Business RRSP Plan Layoff and Recall Discipline, Suspension and Discharge Resignation and Termination Bulletin Board Space Health and Safety Copies of the Collective Agreement Grievance Procedure Union Management Advisory Committee Regular Part-time Employees Temporary Employees Casual Employees Transportation...46 Salary Schedule...47 LOU #1: Retroactive Wages...49 LOU #2: RRSP Plan - Payroll Deduction Program...50 LOU #3: Student Rates...52 i

3 ARTICLE ALPHABETICAL TABLE OF CONTENTS PAGE NO. 20 Annual Vacation Appointments, Transfers and Promotions Bulletin Board Space Call-Out Pay Casual Employees Copies of the Collective Agreement Definitions Discipline, Suspension and Discharge Employee Benefits Grievance Procedure Health and Safety of Work Illness Leave Inservice Programs Layoff and Recall Leave of Absence Leave of Absence - Union Business...32 LOU #1: Retroactive Wages...49 LOU #2: RRSP Plan - Payroll Deduction Program...50 LOU #3: Student Rates Management Rights Named Holidays No Discrimination No Strikes or Lockouts Overtime Performance Appraisals...8 Preamble Probationary and Orientation Period Pyramiding Recognition Regular Part-time Employees Resignation and Termination RRSP Plan Salaries...15 Salary Schedule Seniority Shift and Weekend Premium Temporary Assignments Temporary Employees Term of Collective Agreement Transportation Union Management Advisory Committee Union Membership and Dues Deduction Workers Compensation...26 ii

4 PREAMBLE Agreeing that the primary purpose of the Employer is to provide the community with efficient, competent Long Term Continuing Care Centre and Self Assisted Living services, it is the intent of the parties to: (d) (e) ensure the provisions of the best possible service and care for the residents of the facilities; protect the interest of residents, Employees and the community, and encourage efficiency of operations; encourage cooperation of the Employees, regardless of Bargaining Unit or classification, in working together to achieve and above; maintain harmonious relations between the Employer and the Union; recognize the mutual value of joint discussions and negotiations in all matters pertaining to working conditions, employment and services. 1

5 ARTICLE 1 TERM OF THE COLLECTIVE AGREEMENT 1.01 Agreement shall be in force and effect from and after the date upon which the Alberta Union of Provincial Employees and Venta Care Centre exchange notice of ratification by their principles of the terms of this Collective Agreement, up to and including July 31, 2015 and from year to year thereafter unless notice, in writing, is given by either party to the other party no less than two (2) calendar months, nor more than four (4) calendar months prior to the expiration, of its desire to amend this Collective Agreement Where notice to commence collective bargaining is served under 1.01 above, this Agreement shall remain in full force and effect as per the bridging provisions of the Labour Relations Code. ARTICLE 2 DEFINITIONS 2.01 Act means the Labour Relations Code, as amended from time to time Arbitration shall take meaning from the section of the Act dealing with the resolution of a difference Union means the Alberta Union of Provincial Employees. 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 increment step in the Salaries Schedule applicable to an Employee in accordance with the terms of this Collective Agreement, exclusive of all premium payments Continuous Service shall mean the period of employment from the latest date of employment that is not interrupted by resignation, termination or dismissal 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 will 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 a continuing nature: (i) Full-time Employee is one who is regularly scheduled to work the full specified hours in the of Work article of this Collective Agreement; 2

6 (ii) Part-time Employee is one who is regularly scheduled for less than the regular hours specified in the of Work article of this Collective Agreement. 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. Temporary Employee is one who is hired on a temporary basis for a Full-time or Part-time position: (i) (ii) (iii) 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; or to replace a Full-time or Part-time Employee who is on leave due to injury or illness where the Employee has indicated that the duration of such leave will be in excess of three (3) months. Alteration of employment status thereafter will be regulated by the terms of this Collective Agreement Employer shall mean and include such officers as may from time to time be appointed, or designated to carry out the administrative duties in respect of the operation and management of the business Feminine Gender shall mean and include the masculine and similarly, the singular shall include the plural and vice-versa, as applicable Facility shall mean the care centres administered by Venta Care Centre Ltd. (Long Term Continuing Care Centre and the Assisted Living Manor) Shift shall mean the daily tour of duty excluding overtime hours Shift Cycle means the period of time when the shift schedule repeats itself. In those instances where the shift schedule does not repeat itself, the term Shift Cycle shall be understood to mean a period of time not exceeding twelve (12) weeks. 3

7 2.12 For the purpose of applying the terms of this Collective Agreement, time worked shall be deemed to have been worked on the day which the majority of hours of the shift fall Bi-weekly period shall mean the two (2) calendar weeks constituting a pay period Union Representative means a representative from the Union authorized by the Union to act on behalf of an Employee. Union Representative would include Shop Stewards Staff Representative from AUPE means an employee of the Union. ARTICLE 3 RECOGNITION 3.01 The Employer recognizes the Union as the exclusive bargaining agent for its Employees at Venta Care Centre Ltd. as described in the certificate issued by the Alberta Labour Relations Board (certificate number: ) on November 05, No Employee shall be required or permitted to make any written or verbal agreement, which may be in conflict with this Agreement. ARTICLE 4 UNION MEMBERSHIP AND DUES DEDUCTION 4.01 Membership in the Union is voluntary Consistent with the payroll system of the Employer, the Union will advise the Employer of the bi-weekly (fortnightly) 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 no later than the twenty second (22 nd ) of the month following. The remittance shall be accompanied by a listing of Employee names, Department code and the amount of the deduction from each employee. Such lists shall indicate newly hired Employees and terminated Employees The dues structure of the Union shall be on a percentage basis and the Union shall give not less than thirty (30) days notice to 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 shall indicate the dues deducted and enter the amount on the T-4 Slips supplied to the Employee. 4

8 ARTICLE 5 MANAGEMENT RIGHTS 5.01 The exclusive rights of management will include, but are not limited to: (d) (e) (f) maintain order, discipline and efficiency and in connection therewith to establish or continue policies, practices, procedures, rules and regulations for the conduct and efficiency of the business and from time to time, to change or abolish such policies, procedures, practices, or rules and regulations; to plan, direct and control the work of the Employees and the operation of its business. This includes the right to introduce new methods, equipment, and to assign work to such Employees in accordance with the requirements determined by management and to control the amount of supervision necessary, combining or splitting up of the departments, to establish and change work schedules and assignments, and the increase or reduction of personnel in any particular area or on the whole; to hire, transfer, layoff, recall, promote, demote, classify, assign duties, suspend, or otherwise discipline Employees; to discharge Employees who have completed their probationary period for just cause. The discharge of a Probationary Employee will be at the discretion of the Employer. to take such measures as management may determine to be necessary for the orderly or economical operation of the company s business; it is agreed that these rights will not be exercised in a manner inconsistent with the terms of this Agreement. ARTICLE 6 NO DISCRIMINATION 6.01 There shall be no discrimination, restriction, or coercion exercised or practiced in respect of an Employee by either party by reason of age, race, colour, creed, national origin, political or religious belief, gender, sexual orientation, marital status, physical disability, nor by reason of membership or non-membership in the Union, nor in respect of an Employee s or Employer s exercising any right conferred under this Agreement or any law of Canada or Alberta A complaint alleging discrimination may be presented as a grievance directly to step II. 5

9 ARTICLE 7 NO STRIKES OR LOCKOUTS 7.01 The Union agrees that it will not cause, authorize, or sanction, nor permit Employees to cause or take part in any sit down, stay in, or slow down, or any strike or stoppage of any of the Employer s operations or any curtailment of work on the Employer s premises during the term of this Agreement which is contrary to the Labour Relations Code The Employer agrees that it will not cause or sanction a lockout during the term of this Agreement which is contrary to the Labour Relations Code. ARTICLE 8 PROBATIONARY AND ORIENTATION PERIOD 8.01 An Employee shall serve a single probationary period of four hundred and eighty-seven point five (487.5) hours worked exclusive of overtime hours worked, for each period of continued employment not interrupted by termination or dismissal. The probationary period may be extended for a period up to an additional four hundred and eighty seven point five (487.5) hours worked. During the probationary period, the Employee may be terminated without: notice; or pay (except as may be required by the provisions of the Alberta Employment Standards Code), If in the opinion of the Employer an Employee is unsatisfactory during the probationary period, the Employee s employment may be terminated at any time during the probationary period. The Employer shall provide a reason for the termination. An Employee may be assisted by a Union Representative or Union Steward during termination The Employer shall provide a paid orientation for all new Employees Subject to Article 10, the Employer shall provide a performance appraisal of each Probationary Employee at least once during her probationary period which may at the Employer s discretion be verbal as opposed to written A representative of the Union shall have the right to make a presentation of up to thirty (30) minutes during the paid orientation of new Employees. Attendance at the presentation shall not be compulsory An Employee who terminates her employment with the Employer and is rehired within one (1) year; 6

10 in the same classification, will not re-serve the probationary period; in a new classification, will re-serve the probationary period All newly hired Employees working in their probationary period shall not be entitled to sick leave until the probationary period is completed and shall be paid in accordance with Schedule A. The layoff and recall provisions, outlined in Article 28 of this Agreement, shall not apply to probationary Employees. ARTICLE 9 SENIORITY 9.01 Seniority is the ranking of Employees in accordance with the date of hire of the Employee. 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: preference in vacation time subject to the provisions in Article 20.05, layoff and recalls, subject to the provisions in Article 28, promotions and transfers and in filling vacancies within the bargaining unit subject to the provisions in Article The seniority and employment of an Employee will terminate if: (d) (e) the Employee resigns, retires, or quits; the Employee is discharged, and not reinstated; the Employee is laid off in excess of twelve (12) months; the Employee fails to report as scheduled upon termination of a leave of absence, vacation, suspension or layoff, unless justifiable reason satisfactory to the Employer are given. The Employee is absent from work without a justifiable reason and does not make a reasonable effort to contact or notify the Employer with reasons satisfactory to the Employer by or on the third consecutive workday of such unauthorized absence. 7

11 (f) The seniority and the employment of an Employee who is off work due to sickness, disability or WCB may be terminated by the Employer when the Employee has been off work for twenty-four (24) months. The Employer may terminate the employment of an Employee before that time when it is known that the Employee cannot perform the work covered by this Agreement and will not be able to return to work. Such termination of employment shall not be contrary to any right conferred under this Agreement or any law of Canada or Alberta The Employer shall maintain a seniority list showing the name, seniority and accumulated hours of work of each regular Employee in chronological order. Such up to date seniority list shall be sent to the Union in January and July of each year. The Union shall have one (1) month from the date of posting to take issue with the seniority list, otherwise the seniority list shall be deemed to be correct. The Employer shall maintain a seniority list showing the name and seniority of each regular Employee in chronological order. The Employer shall post this seniority list on all bulletin boards in January and July of each year. ARTICLE 10 PERFORMANCE APPRAISALS The parties recognize the desirability of a performance appraisal system designed to effectively use and develop the human resources of the Employer The Employer will endeavor to give Employees an annual performance appraisal. Meetings for the purpose of the performance appraisal interview shall be scheduled by the Employer with advance notice of at least one (1) day. At the interview, the Employee shall be offered a copy of her performance appraisal document. The Employee shall sign her performance appraisal for the sole purpose of indicating that she is aware of her performance appraisal, and shall have the right to respond in writing within ten (10) days of the interview and that reply shall be placed in her personnel file By appointment made at least one (1) working day in advance, an Employee may view her personnel file once a year, or when the Employee has filed a grievance. An Employee may be accompanied by a Union Representative when viewing her personnel file. 8

12 An Employee shall be given a copy of the contents of her personnel file upon request, not more frequently than once in a calendar year, or when the Employee has filed a grievance, provided that she first pays to the Employer a reasonable fee, established by the Employer to cover the cost of copying An Employee s performance appraisal shall not be released by the Employer to any person except to the Board of Arbitration, or as required by law, without the written consent of the Employee The Employer recognizes the difference between performance appraisals and disciplinary action and it is not the intention of the Employer to use the performance appraisal system in a disciplinary manner Performance appraisals shall not be subject to the Grievance Procedure. ARTICLE 11 APPOINTMENTS, TRANSFERS AND PROMOTIONS The Employer shall post notices of vacant positions within the bargaining unit not less than five (5) calendar days in advance of making an appointment. A vacant position in Recreation, O/T, P/T departments will be posted for ten (10) calendar days. The posting shall contain the following information: qualifications required; employment status. Also, for information purposes only, a notice of vacancy shall specify the number of hours per shift, shifts per cycle, and the current shift pattern for the position (i.e. days only, nights only, evenings only, days and evenings, nights and evenings, etc) Applications for vacancies, transfers or promotions, shall be made in writing to such officer as the Employer may designate If no qualified applications are received by completion of the posted time, the Employer may fill the vacancy at its discretion When filling any vacancy within the bargaining unit, the Employer will give preference to qualified applicants within the bargaining unit When making transfers and filling vacancies within the bargaining unit, the determining factors shall be the most requisite job related skills, training, knowledge and other relevant attributes and where these factors are considered by the Employer to be equal and satisfactory, seniority shall be the deciding factor. 9

13 11.06 All successful applicants for a posted transfer, promotion, and/ or vacancy, shall be informed of their acceptance within five (5) working days of the date of the appointment. Every effort will be made to contact unsuccessful applicants Transfers and promotions shall be on a trial basis. The transferred/promoted Employee shall serve a trial period of one hundred sixty (160) hours worked, in which to demonstrate the ability to fill the new position satisfactorily. The trial period may be extended by the number of working hours absent for any reason during the trial period. During the trial period, the Employee may either: (i) (ii) return to the Employee's former position, at the Employee's request; or be returned to the Employee's former position at the Employer s discretion. In circumstances where reinstatement is not possible, the Employer shall assign the Employee to a similar position consistent with her abilities and/or qualifications, which position may not be the specific position or in the specific area occupied prior to the transfer. The rate of pay for such position shall be at a rate of pay equivalent to that of her former position. In the event that an Employee returns or is returned to her former position pursuant to Article 11.07, the Employer shall have one (1) opportunity to fill the resultant vacancy by selecting from the applicants on the original posting. Should the Employer exercise this right, the posting provisions of this Article will be deemed to be satisfied Employment in multiple positions (d) The parties agree that where the schedule permits the employer shall increase an Employee s FTE before creating multiple positions. Creation of larger FTE s in shall not be considered a violation of the posting provisions of Article 11 or the lay off and recall provisions in Article 28. Increases to FTE s shall be made in consultation with the Union. The parties agree that Article applies to Employees who hold more than one (1) position within the bargaining unit or to Employees who subsequently attain more than one (1) position within the bargaining unit. An Employee is responsible for notifying his/her supervisor that he/she is employed in multiple positions with the Employer. 10

14 (e) (f) (g) (h) (i) Employees shall not be employed within the bargaining unit in greater than a full time capacity. Overtime will be paid in all circumstances where the full time hours in Article 12 are exceeded on a daily or weekly basis. All hours worked by an Employee in multiple positions regardless of classification shall be counted toward Health Benefit calculations, Incremental Steps, Probationary Period and the accrual of Vacation entitlements, Illness Leave and any other benefits provided by this Collective Agreement. An Employee who holds multiple positions will have his/her salary adjusted to the incremental step achieved with the total accumulation of all hours worked in the multiple positions. An Employee who holds multiple positions would have the earliest seniority date. Layoff and Recall provisions shall apply individually to each position. ARTICLE 12 HOURS OF WORK Regular hours of work, exclusive of meal periods shall be: seven and one half (7 1/2) consecutive hours per day, and thirty seven and one half (37 1/2) hours per week, averaged over one (1) complete cycle of the shift schedule Regular hours of work shall be deemed to: include, as scheduled by the Employer, either (i) (ii) two (2) rest periods of fifteen (15) minutes during each full working shift of seven and one half (7 1/2) hours or the alternative to be applied shall be at the discretion of the Employer; or one rest period of thirty (30) minutes during each full working shift of seven and one half (7 1/2) hours if this is more compatible with the scheduling of work assignments. include as scheduled by the Employer, one (1) rest period of fifteen (15) minutes during each working day on which the Employee works in excess of three and three-quarter (3 3/4) hours; 11

15 exclude a meal period of thirty (30) minutes to be scheduled by the Employer during each working day on which the Employee works in excess of four (4) hours; Subject to Article 12.11, 12.12, shift schedules shall be posted twenty-eight (28) calendar days in advance or such shorter period as is mutually agreed between the Employer and the local Chapter Chair of the Union. The Employer shall allow a local chapter representative of the Union to reproduce a copy of the posted shift schedule Except in cases of emergency or by mutual agreement between the Employee and the Employer, shifts scheduled shall provide for: at least fifteen and one half (15 1/2) hours off duty between shifts; Employees shall have two (2) weekends in four (4) off. Weekend shall mean a Saturday and the following Sunday, assuring a minimum of fiftysix (56) hours off duty; an Employee shall not be scheduled to work more than six (6) consecutive shifts 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 the seven (7) days of the week. The first (1 st ) shift of the working day shall be the one wherein the majority of the hours worked fall between twenty-four hundred (2400) hours and zero eight hundred (0800) hours The Employer, in scheduling shifts, shall take into consideration an Employee s request for certain shift schedules, subject to the requirements of Article Shift Exchanges (d) There shall be no exchange of shifts until prior approval of such exchange has been given by the Employee s immediate supervisor and provided that the exchange is agreed to, in writing, between the affected Employees. The Employer shall also reply in writing. Such exchanges shall be recorded on the shift schedule. Such exchange shall not be deemed a violation of the provisions of this Collective Agreement When an Employee reports for work as scheduled and is directed by the Employer to leave, she shall be compensated for the inconvenience by a payment equivalent to three (3) hours pay at her basic rate of pay. 12

16 12.09 A regular Employee shall not be scheduled to work more than two (2) different shifts between scheduled days off except as may be mutually agreed between the Employer and the Employee An Employee may not be scheduled to work more than six (6) consecutive days except as may be mutually agreed between the Employer and the Employee, or in cases of emergency. Where mutually agreed, such additional days shall be paid at the basic rate of pay Except when application of this Article is waived by mutual agreement between the Employer and the Employee, where an Employee s scheduled days off are changed without seven (7) calendar days notice, the Employee shall be paid at two (2) times for all hours worked on what would otherwise have been her off duty days Except when application of the Article is waived by mutual agreement between the Employer and the Employee, if in the course of a posted schedule, the Employer changes an Employee s scheduled shift, but not her scheduled days off, she shall be paid at the rate one and one half (1 1/2) times her basic rate of pay for all hours worked during the first (1 st ) shift of the changed schedule, unless seven (7) calendar days notice is given The Employer may put up a posting one (1) time only for one (1) split shift in the food services department. The shift must total a minimum of six (6) hours and each portion of the shift must total a minimum of three (3) hours. If no internal applicants apply, the position will be abandoned and will not exist. Once the current incumbent has vacated the split shift position it will be abandoned On the date fixed by proclamation, in accordance with the Daylight Savings Time Act of conversion to Mountain Standard Time, regular hours of work shall be extended to include the resultant additional hour with additional payment due therefore at the applicable overtime rate. On the date fixed for said Act for the resumption of Daylight Savings Time, the resultant reduction of one (1) hour in the shift involved shall be affected in the appropriate deduction in regular earnings Employees may work flexible hours by mutual agreement between the Employee and the Employer, whereby at mutually agreeable time the Employer will provide and the Employee shall take time off: (i) (ii) for those hours worked during the normal rest period; and in place of overtime pay for those hours worked in excess of seven and one half (7 1/2) hours in a day or thirty-seven and one half (37 1/2) hours in a week averaged over one (1) cycle of the shift schedule. 13

17 The Employee shall be paid for the time taken off in place of overtime pay at the same rate the Employee would have been paid wages had the Employees worked those hours on a normal working day. If time off in place of overtime pay is not received and taken in accordance with the foregoing, the Employee will be paid overtime pay in accordance with Article Additional When the Employer has at least forty-eight (48) hours notice of an absence they shall fill the additional shifts by calling in Part Time Employees, who have indicated their willingness to work additional hours by providing written notice of availability, beginning with the highest seniority Employee down to the lowest seniority Employee. Casual Employees shall be offered additional shifts after the process in has been completed. When the Employer has less than forty-eight (48) hours notice of absence they may fill the absence at their discretion. (d) It is understood that the Employees who are scheduled seventy-five (75) hours in a two (2) week period are not eligible for additional hours and further this article is not intended to have additional hours offered in such a manner as to create overtime, except in case of an emergency Optional scheduling provisions may be mutually agreed to in writing between the Employer and the Union. ARTICLE 13 OVERTIME Overtime is all time authorized by the Employer and worked by an Employee in excess of seven and one half (7 1/2) hours per day and/ or on the scheduled days of rest for full-time Employees. The Employer shall provide in each department overtime forms which are to be signed by the designated authorizing person and a copy shall be given to the Employee at the time the overtime was worked The overtime rate of two times (2X) basic rate of pay shall be paid for overtime hours worked In the event an employee works a double shift, the employee shall be provided with access to a meal and snack during the second shift at no cost. 14

18 13.04 Where mutually agreed by the Employer and the Employee, the Employee may receive time off in lieu of overtime. Such time off shall be the equivalent of the actual time worked, adjusted by the applicable overtime rate and taken at a time mutually agreed by the Employer and the Employee. In no case shall it be later than thirty (30) days from the date the overtime was worked. ARTICLE 14 SALARIES The basic rates of pay as set out in the Salaries Schedule shall be applicable to all Employees covered by this Collective Agreement Employees will be paid on a bi-weekly basis, via direct deposit, on Fridays no later than 3:00 PM An Employee s basic rate of pay shall be advanced to the next incremental step upon the completion of one thousand nine hundred and fifty (1950) paid hours Transfers to High Rated Classification If an Employee is transferred to a higher rated classification, the Employee shall receive in the new classification the next rate above the Employee s present rate and shall progress within the scale for such higher rated classification according to the length of service within such higher rated classification subsequent to the date of transfer When an Employee voluntarily transfers to a classification with a lower rate of pay, her wage shall be adjusted immediately to the basic rate she would have been entitled to, had she been on the lower rated classification from the commencement of employment. When an Employee transfers to a classification as a result of a function of Layoff and Recall, her salary shall be maintained in the pre-transfer level until such time as the basic rate of pay in the lower paid classification is equal or greater than her pre-transfer rate Should the Employer find it necessary to create a new classification during the life of this Collective Agreement, the new position will be included within the scope of the unit for which the Union is the certified bargaining agent provided that: the parties of this Collective Agreement mutually agree that the position is within the scope of the unit for which the Union is the certified bargaining agent, or, failing that; the Labour Relations Board rules that the new position is within the scope of the unit for which the Union is the certified bargaining agent. 15

19 When a new position is created under Article above for which there is no pay scale in this Collective Agreement, the Employer may establish an interim pay rate and agrees to negotiate an appropriate pay scale with the Union. Failing agreement, the parties will submit the question directly to Arbitration for settlement commencing at Article The resultant pay scale shall be implemented retroactively to the date the new position was established Employees required by the Employer to attend staff meetings and committee meetings (except as provided in Articles and 35.03) shall be paid at the applicable rate of pay for attendance at such meetings Provided that no more than two (2) years have elapsed since the experience was obtained, when an Employee has experience satisfactory to the Employer, her starting salary shall be adjusted one step for each year of applicable, relevant experience The Employer reserves the right to hire Employees at a rate exceeding the start rate in circumstances where the Employer believes it is appropriate. ARTICLE 15 INSERVICE PROGRAMS The parties of this Collective Agreement recognize the value of continuing in-service education for Employees and that the responsibility for such continuing education not only lies with the individual, but also with the Employer. For the purpose of this Article, the term in-service includes: orientation, acquisition and maintenance of essential skills, and other programs which may be offered by the Employer. The Employer reserves the right to identify specific in-service sessions as being compulsory for Employees and those required to attend such sessions shall be paid at the applicable rate of pay for the time in attendance. The following in-service programs shall be compulsory and shall be provided to Employees on an annual basis: (i) (ii) (iii) (iv) (v) Fire, evacuation, and disaster procedures; Proper lifting and prevention of back injuries; WHIMIS; PPIC Abdominal Thrust (d) Employees who, with prior approval of their supervisor, attend in-service programs which are not identified as compulsory by the Employer shall suffer no loss in regular earnings for attending such programs. The Employer shall make available other in-service education programs as deemed appropriate for the purposes of maintaining proficiency. 16

20 ARTICLE 16 PYRAMIDING Except where expressly authorized in this Collective Agreement, there shall be no pyramiding of premiums Where two (2) or more applicable premiums are expressed as multiples of the basic rate of pay, the Employee will be paid only one (1) such premium, that being the highest of the applicable premiums. ARTICLE 17 SHIFT AND WEEKEND PREMIUM Effective date of ratification, a shift differential of two dollars and twenty-five cents ($2.25) per hour shall be paid for each hour worked between seventeen hundred (17:00) hours and twenty-three hundred (23:00) hours. Such premium payment shall not be considered as part of the Employee's basic rate of pay Effective date of ratification, a shift differential of three dollars ($3.00) per hour shall be paid for each hour worked between twenty-three hundred (23:00) hours and zero seven hundred (07:00) hours Effective date of ratification, a weekend premium of two dollars and twenty-five cents ($2.25) per hour shall be paid, in addition to shift premium, if applicable, to Employees for each hour worked within the period commencing seventeen hundred (17:00) hours Friday until zero seven hundred (07:00) hours Monday. Such premium payment shall not be considered as part of the Employee s basic rate of pay Where applicable, an Employee shall be eligible to receive both Shift and Weekend premium. ARTICLE 18 TEMPORARY ASSIGNMENTS When an Employee is assigned to replace another Employee in a higher paid position within this Collective Agreement for one (1) full shift or longer, she shall be paid the basic rate of pay for the classification in which the Employee is relieving, providing she is qualified to perform the substantive duties of the higher paid position. When an Employee is required temporarily to perform the duties of a lower paid classification, her basic rate of pay will not be changed. 17

21 ARTICLE 19 NAMED HOLIDAYS Regular Full-time Employees shall be entitled to receive a day off with pay on or for the following Named Holidays: New Years Day Family Day Good Friday Victoria Day Canada Day Employees Birthday Labour Day Thanksgiving Day Remembrance Day Christmas Day August Civic Holiday and any day proclaimed to be a holiday by The Government of the Province of Alberta. Further, any day proclaimed by the Government of the municipality to be a civic holiday for general observance by the municipal community in which the institution is located. (d) The birthday holiday is recognized as a float day that will be paid out on the Employee s birthday. Employees can have their birthday off or request to have a different day off within the two (2) week pay period that their birthday falls within. An Employee choosing to take an alternate day off shall notify their supervisor of their intentions in writing at least one month in advance. If employees take a day off other than their birthday, it will be a day without pay, as they will receive regular pay on their actual birthday. The intent is that there will be no more than eleven (11) paid holidays per calendar year for the duration of this Agreement. Notwithstanding the foregoing, while: (i) (ii) (iii) (iv) on layoff; or in receipt of compensation from the Workers Compensation Board; or an unpaid absence during which she is in receipt of EI Benefits, or on other leaves of absence in excess of thirty (30) calendar days for any reason, an Employee shall not be entitled to: (v) (vi) a day off with pay, or payment in lieu thereof for the aforementioned paid Holidays. 18

22 19.02 Subject to Article 19.01, to qualify for the named holiday with pay, the Employee must: work her scheduled shift immediately preceding and 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 or required to do so Except as specified in Sub Clause 19.03, an 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 a half times (1 1/2 X) her basic rate of pay plus; an alternate day off at a mutually agreed time; or failing mutual agreement, within thirty (30) calendar days following the Named Holiday, the Employee shall receive payment for such day at her basic rate of pay. in addition to and, an Employee required to work on Christmas Day or the August Civic Holiday shall be paid for all hours worked on the Named Holiday at two times (2X) the Employee s basic rate of pay When a Named Holiday falls on a day that would: otherwise be a regular Employee s scheduled day off, or during an Employee s vacation; the Employee shall receive: (d) an alternate day off at a mutually agreed time; or failing mutual agreement, within thirty (30) calendar days following the named holiday of the option to be applied, the Employee shall receive payment for such day at her basic rate of pay Except as mutually agreed otherwise, the Employer shall schedule an Employee in such a manner to provide her with days off on at least three (3) of the actual Named Holiday as provided in Article Unless an Employee requests otherwise, she shall be scheduled so as to be given either Christmas Day or New Years Day off. 19

23 ARTICLE 20 ANNUAL VACATION Definition For the purpose of this Article: Vacation means annual vacation with pay. Vacation Year means the twelve (12) month period commencing on the first (1st) day of January in each calendar year and concluding in the last day of December of the same calendar year Length of Vacation Vacation Pay An Employee shall receive annual vacation with pay in accordance with her years of service as of the vacation cutoff date as follows: Length of service Time Entitlement Pay Less than two (2) years 1 working day each month 4% (maximum of 10 days) Two (2) years or more 15 working days 6% Six (6) years or more 20 working days 8% Twelve (12) years or more 25 working days 10% Twenty (20) years or more 30 working days 12% Part-time and temporary Employees vacation entitlement is based on their hours paid in relation to the hours of a full-time Employee. Vacation pay shall be at the rate of pay currently in effect at the time of the vacation Vacation Pay on Termination Upon termination of employment, an Employee shall be entitled to pay in lieu of vacation earned but not taken at the following percentage rates of basic pay earned during the period which vacation was earned but not taken: 20

24 Length of Service Time Entitlement Pay Less than two (2) years 1 working day each month 4% (maximum of 10 days) Two (2) years or more 15 working days 6% Six (6) years or more 20 working days 8% Twelve (12) years or more 25 working days 10% Twenty (20) years or more 30 working days 12% When an Employee resigns or is terminated from her position and prior to the resignation or termination, the Employee has been paid vacation time which is greater than the amount of vacation time earned, the Employee shall reimburse the Employer the difference. Shortfalls are the responsibility of the Employee. The Employer shall deduct the amount owed to the Employer from the Employee s final pay cheque Vacation Schedules The Employer shall post the vacation planner by January 5th of each year. Where an Employee submits her vacation preference by March 15th of that year, the Employer shall indicate approval or disapproval of that vacation request and shall post the resulting vacation schedule by April 15th of that same year. Where the number of Employees indicating a specific preference for a specific period exceeds the number of Employees as determined by the Employer that can be allotted vacation during that period, seniority shall be the deciding factor. After March 15th vacation approval will be given on a first come first serve basis. Employees who are entitled to take two (2) or more weeks of vacation, are required to take a minimum of two (2) weeks of vacation time off Unbroken Vacation Period Except during July and August and from December 15 th to January 15 th of each year, an Employee shall be entitled to receive his vacation in an unbroken period unless otherwise mutually agreed upon between the Employee and the Employer. (The Employer may limit summer vacations within July/August period within to no more than two (2) weeks at a time) 21

25 20.07 Time of Payment Regular Full-time and Part-time Employees shall be paid their vacation pay in accord with the entitlement in Article based on their regularly scheduled hours at the time of their vacation and on the pay days coinciding with the period of vacation taken. Temporary and Casual Employees shall be paid in addition to their basic rate of pay the percentage identified below commensurate with their entitlement, on each pay cheque: Length of Service Time Entitlement Pay Less than two (2) years 1 working day each month 4% (maximum of 10 days) Two (2) years or more 15 working days 6% Six (6) years or more 20 working days 8% Twelve (12) years or more 25 working days 10% Twenty (20) years or more 30 working days 12% Notwithstanding Article 20.02, vacation with pay shall not accrue during periods while: (d) on layoff, and on unpaid absence during which she is in receipt of weekly indemnity, and in respect of compensation from the Workers Compensation Board, and on leave of absence in excess of thirty (30) calendar days for any reason. ARTICLE 21 EMPLOYEE BENEFITS Group Life Insurance For Full-time Employees, the Employer agrees to pay seventy percent (70%) of the cost of a group life insurance policy insuring to the amount of $100, It is understood that employees who are over age sixty-five (65) are not insurable. Payment for insurance coverage will commence when a new Employee has successfully completed her probationary period and will be subject to the provisions of this Article. 22

26 Dental Plan The Employer agrees to pay seventy percent (70%) of the basic single/family premium rate for Full time Employees who have completed probation. The Dental Plan shall provide the following coverage: Basic Services 80% Extensive Services 50% to a maximum of $3,000 per person per year. Orthodontic Services 50% to a maximum of $3,000 life time per child under 19 years of age. It is understood and agreed that there may be a qualifying period established by the insurer or that there may be required some reasonable time for the filing of forms, etc. The operation of the plan will be based on the current Alberta Blue Cross Dental fee schedule. Extended Health Benefits The Employer has agreed to pay seventy percent (70%) of the basic single or family coverage on the single or family rate premium of the Alberta Blue Cross medical plan or its equivalent as provided through another carrier. The plan will provide the following: A prescription drug plan that provides eighty percent (80%) reimbursement direct payment of eligible expenses. The Employer is not responsible for contribution in the event that an Employee is otherwise covered for such benefits. This means that if the employee produces an exemption certificate indicating coverage (or is not entitled to coverage) through another source the Employer is not liable for contribution The Employer shall facilitate the procurement, by Regular and Temporary Employees of insurance protection for Long Term Disability benefits as follows: Long Term Disability (income replacement during a qualifying disability equal to sixty-six and two thirds percent [66 & 2/3%] of basic earnings [regularly scheduled annual hours multiplied by the Employee s basic rate of pay at the date of disability divided by twelve [12] determines the level of monthly benefit coverage] to the established maximum following a one hundred and twenty [120] working day elimination period); The Employer agrees to pay seventy percent (70%) of the premium for the above-mentioned plan. 23

27 Part Time Employee Benefits Part time Employees who work fifteen (15) or more regularly scheduled hours per week averaged over a shift rotation cycle shall be entitled to the benefits and shared cost arrangements outlined in Articles 21.01, 21.02, and hereof. In no event shall the Employer's contribution exceed seventy percent (70%). Part time Employees who work twenty (20) or more regularly scheduled hours per week averaged over a shift rotation shall be entitled to the benefits and shared cost arrangements outlined in Articles In no event shall the Employer's contribution exceed seventy percent (70%) It is understood that there may be a qualifying period established by the insurer or that there may be required some reasonable time for filing of forms, etc Payment for insurance coverage will commence when a new Employee has successfully completed their probationary period. For the purposes of this Article, the hours of work performed by an Employee shall be determined on the basis of hours per week averaged over one complete cycle of the shift schedule The Employer shall make available to eligible Employees brochures outlining current coverage in the above-mentioned plans The Employer will provide a copy of each of the plans to the Union. ARTICLE 22 ILLNESS LEAVE To protect the Employee against loss of income where she is legitimately ill, an Employee absent because of such illness shall be entitled to receive sick leave benefits equal to her normal hourly wage (exclusive of overtime premiums, etc.) for each day of illness that she was scheduled to work to the extent of her accumulated sick leave credits. As provided in 22.05, illness leave is not payable for shifts additional to the Employee s regular schedule After an Employee has completed her probationary period, she shall be allowed a credit for sick leave from the date of employment at the rate of one and one half (1 1/2) working days for each full month of employment up to a maximum credit of one hundred and twenty (120) working days, provided however that an Employee shall not be entitled to apply sick leave credit prior to the completion of her probationary period. In the case of: illness; injury; layoff; 24

28 (d) (e) leave of absence; unpaid leave while in receipt of compensation from the Workers Compensation Board; sick leave shall not accrue during the period of such absence in excess of one (1) month When an Employee has accrued the maximum sick leave credit of one hundred and twenty (120) working days, she shall no longer accrue sick leave credits until such time as her total accumulation is reduced below the maximum. At that time she shall recommence accumulating sick leave credits Employees may be required to substantiate, in the manner prescribed by the Employer, any claim for sick leave. Where an Employee is required to provide a medical certificate or proof of illness she shall be advised prior to her return to work. If the Employer requires an Employee to substantiate their claim for sick leave benefits and there is a cost attached, the cost will be paid by the Employer as long as a paid receipt is provided by the Employee Only normal regularly scheduled working days will be charged against sick leave credit; this applies to all Full-time and Part-time Employees Sick Leave Benefits While on Workers Compensation Absence for sickness or accident compensable by Workers Compensation will not be charged against the Employee s accumulated sick leave credits Employees reporting sick shall advise the Employer as soon as possible and regularly thereafter as required by the Employer Notification of Return to Work During any illness, the Employee will notify the Employer of her intention to return to work in as far in advance as possible Leave of Absence due to Illness Employees whose sick leave credits are exhausted will be granted a leave of absence due to illness and shall inform the Employer of her readiness to return to work with as much notice as is reasonably practicable Upon request of an Employee, but not more frequently than once a year, the Employer shall advise the Employee of her accrued sick leave credits. 25