CONTRACT THE STRATFORD SHAKESPEAREAN FESTIVAL OF CANADA LOCAL 357

Transcription

1 CONTRACT BETWEEN THE STRATFORD SHAKESPEAREAN FESTIVAL OF CANADA (HEREINAFTER REFERRED TO AS THE FESTIVAL ) AND LOCAL 357 OF THE INTERNATIONAL ALLIANCE OF THEATRICAL STAGE EMPLOYEES, MOVING PICTURE TECHNICIANS, ARTISTS AND ALLIED CRAFTS OF THE UNITED STATES, ITS TERRITORIES AND CANADA (HEREINAFTER REFERRED TO AS THE UNION ) (FACILITIES) EFFECTIVE JANUARY 1, 2017 TO DECEMBER 31, 2019

2 TABLE OF CONTENTS GENERAL PURPOSE ARTICLE 1 - RECOGNITION ARTICLE 2 UNION REPRESENTATION AND UNION SECURITY ARTICLE 3 - JURISDICTION ARTICLE 4 - MANAGEMENT RIGHTS ARTICLE 5 - COMPLAINT AND GRIEVANCE PROCEDURE ARTICLE 6 - ARBITRATION PROCEDURE ARTICLE 7 - DISCHARGE, SUSPENSION AND DISCIPLINE ARTICLE 8 - DEFINITIONS ARTICLE 9 - SENIORITY AND LAY-OFFS ARTICLE 10 JOB POSTINGS AND JOB ASSIGNMENTS ARTICLE 11 - HOURS OF WORK, OVERTIME & PREMIUMS ARTICLE 12 - PAID HOLIDAYS ARTICLE 13 - VACATIONS ARTICLE 14 - RETIREMENT PROGRAMS ARTICLE 15 - SICK LEAVE, SHORT TERM DISABILITY, LONG TERM DISABILITY AND HEALTH INSURANCES ARTICLE 16 - LEAVES OF ABSENCE ARTICLE 17 - JOB SECURITY ARTICLE 18 - CLOTHING ALLOWANCE ARTICLE 19 HEALTH AND SAFETY ARTICLE 20 - TRAINING AND DEVELOPMENT ARTICLE 21 - MISCELLANEOUS ARTICLE 22 - WAGES ARTICLE 23 - DURATION, RENEWAL, REVISION SCHEDULE "A" LETTER OF UNDERSTANDING RE: OVERTIME LETTER OF UNDERSTANDING LETTER OF UNDERSTANDING RE: STAFFING

3 GENERAL PURPOSE The general purpose of this agreement between the Festival and the Union is to establish and maintain: 1 Orderly collective bargaining relations. 2. A procedure for the prompt and equitable handling of grievances. 3. Satisfactory working conditions, hours and wages for all employees who are subject to the provisions of this agreement. ARTICLE 1 - RECOGNITION 1.01 The Festival hereby recognizes by Certificate dated April 7, 2006, the Union as the sole collective bargaining agent for all employees of the Stratford Shakespearean Festival of Canada in the City of Stratford, engaged in maintenance of the buildings and grounds and plant operations, save and except foremen, persons above the rank of foreman and supervisor, office and sales staff, students employed during the school vacation period and employees covered by existing Collective Agreements with the Stratford Shakespearean Festival of Canada and other trade Unions, in respect of wages, hours of work and all other working conditions, and agrees that it will not enter into any other agreement with Employees either individually or collectively which will conflict with the provisions of this Agreement

4 ARTICLE 2 UNION REPRESENTATION AND UNION SECURITY 2.01 The Business Agent of the Union or a representative shall be admitted at all times into any area covered by this agreement to assess conditions coming under the jurisdiction of the Union. Union business and meetings will not be conducted during working hours (except at the request of management) The Festival agrees to employ a sufficient number of employees. All employees shall remain in good standing with the Union as a condition of employment with the Festival The Union will elect two (2) Stewards who will be recognized by the Festival in performing their duties on behalf of the Union The Union recognizes that Stewards have regular duties to perform and such persons will not leave their duties without first obtaining permission from Facilities Management. Such permission will not be unreasonably withheld The Union and the Festival shall meet quarterly on the second Thursday for the purpose of discussing matters arising out of the administration of this Agreement. An agenda will be provided one (1) week in advance of the meeting. The quarterly meeting may be cancelled with two (2) weeks written notice to the other party The Union will elect a Union Committee composed of three (3) members and the Festival will recognize the said Committee for the purpose of handling any grievances or any matter properly arising from time to time during the continuance of the Agreement, including negotiations for or renewal of any agreement The Festival will compensate Employees at their regular rate of pay for the time spent on Union business pursuant to Article 2.06 including negotiation for a new collective agreement up to and including conciliation. As far as practicable, meetings will be held during the scheduled hours of the representatives participating. In the case of negotiations or labour-management meetings, if they are conducted outside of the Employee s scheduled hours of work, the Employee s schedule will be changed to the shift during which the activities take place and the provisions concerning schedule and shift changes will not apply The Union agrees to supply the Festival with the names of the Stewards and Union Committee Members and will keep such list up to date at all times

5 2.09 The Festival and the Union agree that there shall be no discrimination, restriction, or coercion exercised or practiced with respect to any Employee in the matter of hiring, wage rates, training, upgrading, promotion, transfer, layoff, recall, discipline, classification, discharge or otherwise by reason of age, race, creed, colour, national origin, political or religious affiliation, sex or marital status, sexual orientation, family relationship, physical disability, place of residence, nor by reason of his/her membership or activity in the Union, or in the exercise of his/her rights under this Agreement All Employees, whether they are members of the Union or not, who are covered by this Agreement shall have the equivalent of Union dues deducted monthly as a condition of employment New Employees - Time will be made available without loss of pay during the first month of employment for a Union Representative to meet for ten (10) minutes with each new Employee during regular working hours The Festival agrees during the lifetime of this Agreement to deduct the equivalent of Union dues from each pay period and to remit same not later than the 15th day of the following month to the Treasurer of the Union. T-4 slips will show deductions made for Union dues provided that the Union supply a Certificate of Agreement to the Festival confirming that no receipts for Union dues will be issued directly to Employees The Festival agrees when forwarding Union dues to submit a list indicating the names, classifications and change of addresses of those Employees for whom deductions were made, showing the amount deducted, as well as the names, addresses, classifications and dates of hire of those Employees hired in the preceding month. The Festival also agrees to list those Employees, who have terminated employment, accompanied by the reason for termination

6 ARTICLE 3 - JURISDICTION 3.01 Persons and supervisors whose jobs are not in the bargaining unit, shall not work on any jobs which are included in the bargaining unit, except in the case of emergency and in cases mutually agreed upon by the parties The Festival shall be entitled to use non-bargaining unit Engineers where an emergency arises out of unforeseen circumstances which call for immediate action to avoid interruption of operations or violations of any legal requirements during an emergency situation provided that Employees who normally perform the work are not readily available. An emergency situation is understood to mean a condition where an imminent threat to the safety of Employees and/or patrons, or the integrity of equipment or machinery is occurring, or about to occur While the Collective Agreement is in effect, the Festival agrees not to contract out any work performed by Employees in the bargaining unit which may cause any Employee to suffer reduced hours of work (less than 40 per week) or a layoff. For day to day operations and urgent situations, the Facilities Manager will consult with the Head of Department before any outside contractor is brought in. For any major planned project that the Festival feels is beyond the qualifications and/or capabilities of the employees in the bargaining unit, the Facilities Manager shall consult with the Business Agent of the Union no less than two (2) weeks prior to the commencement of the project In order to free employees to perform their required duties in their respective departments, employees who are called on to assist other departments during unforeseen events that require immediate attention must be relieved as soon as possible, by the employees in the department who would normally carry out these duties

7 ARTICLE 4 - MANAGEMENT RIGHTS 4.01 The Union recognizes that the Management of the Festival and the direction of the Employees in it are fixed exclusively in the Festival and shall remain solely with the Festival except as specifically limited by the provisions of this Agreement and, without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Festival to: a) maintain order, discipline and efficiency; b) put into effect, enforce and alter reasonable rules and regulations governing the conduct of the Employees and the Festival will notify the Union Committee of any alterations of the present rules or regulations or of new regulations prior to their implementation; c) hire, assign, discharge, direct, promote, demote, classify, transfer, layoff, recall and suspend or otherwise discipline Employees provided that a claim that a discharge or discipline is without cause may be the subject of a grievance and dealt with as hereinafter provided; d) determine hours of work, work assignments and methods of doing the work, numbers of persons required, standards of performance and job categories The Festival may request that, subject to the Business Agent s approval, employees under this Agreement work in areas where the Union has no jurisdiction, but the exercise of this request by the Festival will not extend the Union s jurisdiction to those areas. The approval of the Business Agent shall not be unreasonably withheld No employees under this agreement shall remove or cause to be removed for personal use any equipment or material that is the property of the Festival from the Festival's jurisdiction without the written consent of the Festival's authorized representative; in which case the employee or employees shall, for the entire time that any Festival property is caused to be absent from the Festival's jurisdiction, be responsible for the condition of the equipment upon its return and shall pay for the repair or replacement of any such equipment damaged. Any breach of this Article may result in appropriate discipline and is subject to Article Five (5), Complaint and Grievance Insubordination, dishonesty, intoxication, and theft shall be cause for immediate dismissal from a shift and may be subject to disciplinary action. These circumstances shall be reported immediately in writing to the Director of Human Resources of the Festival and the appropriate Union Steward and the Business Agent and shall be subject to Complaint and Grievance procedures as outlined in Article Five The exercise of the Festival s rights shall be subject to the terms and provisions of this agreement. When these rights are exercised, it shall be in a manner which is fair, reasonable and consistent with the provisions and terms of this Agreement

8 ARTICLE 5 - COMPLAINT AND GRIEVANCE PROCEDURE 5.01 It is agreed that all possible means will be used to settle disputes within the framework of the Festival and the Union The time limits fixed in the Complaint and Grievance Procedures may be extended by written consent of the parties to this agreement. COMPLAINT: 5.03 Whenever either party to this agreement wishes to register a complaint, it shall do so within ten (10) days from the time the circumstances upon which the complaint is based were known or ought to reasonably have been known to the complaining party. The employee or immediate Festival Management representative will discuss the complaint with the other party, in the presence of a Steward if the employee wishes. If no resolution is reached within two (2) days of the complaint, the complaining party may refer the complaint to grievance as outlined in Article GRIEVANCE: 5.04 a) Particulars of any grievance shall be set out in writing and presented to the opposite party within seven (7) days after failure to resolve a complaint. In the case of the grievance by an employee or by the Union, the written grievance shall be presented to the Director of Human Resources of the Festival and, in the case of a grievance by the Festival, the grievance shall be presented to the Business Agent of the Union. b) Within five (5) days of the presentation of the written grievance, the parties shall meet to attempt to resolve the grievance. If no resolution is reached within two (2) days of the meeting, then the grieving party may refer the grievance to arbitration in accordance with Article 6. c) Any employee grieving must be notified, and may attend, or may be required to attend, at the request of either party, any meeting scheduled in accordance with Article 5.04 (b) A grievance of the Union or the Festival or a claim by an employee that he/she has been discharged or disciplined unfairly, and any grievances concerning layoffs and recalls, shall be treated as a grievance and shall commence at the beginning of the grievance procedures as set forth herein. Such grievances shall be filed within fifteen (15) days from the time the circumstances upon which the grievance is based were known or ought to reasonably have been known to the grieving party Saturdays, Sundays and legal holidays shall not be included in calculating the time limits specified in Article Five (5)

9 ARTICLE 6 - ARBITRATION PROCEDURE 6.01 The party desiring to submit to arbitration shall deliver to the other party a notice in writing of its intention to arbitrate within thirty (30) days after the completion of the grievance procedure provided for in Article 5. This notice shall include the alleged Article(s) and Article(s) of the agreement that have been violated or misinterpreted, and will stipulate the nature of the relief or remedy sought. The notice will also indicate a list of suggested Arbitrators to hear the issue Within five (5) days after the date of delivery of the said notice of intention, the other party shall choose an Arbitrator from the suggested list, or, propose alternative arbitrators for the other party to consider Within five (5) days after the date of delivery of the above list, the grieving party may choose an arbitrator from this list, or indicate disagreement Should the representatives be unable to agree on an Arbitrator within the time frames specified, the representative of either party may request the Minister of Labour to appoint an Arbitrator The Arbitrator so selected shall schedule a hearing as soon as possible, wherever possible within sixty (60) days of the selection being made If the hearing date is longer than sixty (60) days from the date of appointment of the Arbitrator, then either party may request a meeting sixty (60) days prior to the scheduled arbitration hearing to further discuss the grievance, in order to determine if an appropriate settlement may be reached prior to the hearing taking place The decision of the Arbitrator shall be final and binding on both parties The jurisdiction of the Arbitrator shall be limited to deciding the matters at issue and the Arbitrator shall not have the power to add to, subtract from, alter or amend the Collective Agreement Each party to this agreement shall pay half the fees and expenses of the Arbitrator Saturdays, Sundays and legal holidays will not be included in the limits of the specified time of Article Six (6)

10 ARTICLE 7 - DISCHARGE, SUSPENSION AND DISCIPLINE 7.01 A claim by a non-probationary Employee that he/she had been unjustly discharged shall be treated as a grievance if a written statement of such grievance is lodged by the Employee with the Facilities Manager within five (5) days after the Employee has received his/her discharge notice. Such grievance will be taken up at a special meeting with the Director of Human Resources In the event the Festival initiates a disciplinary action against an Employee and which may result in the suspension or discharge of the Employee, the following procedure shall be followed The Employee shall be notified in writing of the action and/or penalty, with a copy to the Business Agent of the Union In the event the Festival is dissatisfied with the work of an Employee and corrective discussion has not resolved the problem, the Festival shall notify the Employee in writing of the dissatisfaction concerning his/her work within ten (10) working days of the incident giving rise to the complaint, with a copy to the Business Agent of the Union. This notice shall include particulars of the work performance which led to the complaint. If this procedure is not followed, such complaint shall not become a part of an Employee s record The record of an Employee shall not be used against him/her at any time after twelve (12) months following any disciplinary action, provided no additional discipline has been given during that twelve (12) month period in which case the period will be twenty-four (24) months following any disciplinary action. It is understood that the twelve (12) month period referred to does not include any period of layoff An Employee shall upon written request to the Director of Human Resources be granted the opportunity to view his/her personnel file An Employee subject to discipline shall have the right to the presence of a Union Steward or Business Agent of the Union at the time the disciplinary action is being taken, if he/she so wishes

11 ARTICLE 8 - DEFINITIONS 8.01 The parties agree upon the following definitions: (a) (b) (c) (d) (e) A full time Employee is an Employee who is scheduled to work eight (8) hours per day or forty (40) hours per week. It is understood that the Festival shall make available weekly, forty regular hours for full-time employees. A seasonal full-time employee is an employee who is scheduled up to eight (8) hours per day and up to forty (40) hours per week, as the workload demands. Prior to any seasonal part-time employee being scheduled on a regular basis, all seasonal fulltime employees shall be scheduled forty (40) hours per week, in order of seniority, provided that the shift will not violate any Employment Standards Act requirements and the working seasonal part-time employee is not on an overlapping shift. A seasonal part-time employee is scheduled as required in order of seniority, and may be required to work any day of the week and any shift. A seasonal part-time employee may be scheduled up to a maximum of eight (8) hours per day and forty (40) hours per week. A casual Stage Door employee is an employee that is hired to cover the absence of full-time Stage Door employees. A casual Stage Door employee has no guarantee of hours and will be scheduled as needed to cover vacations, sick leaves, and other leaves of absence. The Festival agrees that a maximum of two (2) employees shall fall into this category. The Festival may hire a temporary employee for a maximum of twelve (12) months to cover the absence of an employee in the bargaining unit, due to injury, illness, vacation or other leave of absence, if such vacancy cannot be filled from within the bargaining unit. Temporary employees will not have any seniority or bumping rights, only work in the area for which they were hired, and not be offered overtime work. Temporary employees shall only fall under the terms of this Agreement for the purposes of wages as outlined in Schedule A, and dues check-off. If the bargaining unit employee s absence is longer than twelve (12) months, the temporary employee will become a member of the bargaining unit unless the temporary period is extended by mutual agreement between the Union and the Festival. Notwithstanding, temporary employees who are covering the absence of an employee in the bargaining unit shall receive the notice period of layoff as applicable to seasonal employees as outlined in 9.05 when the employee they are covering returns to work

12 ARTICLE 9 - SENIORITY AND LAY-OFFS 9.01 Seniority is defined as length of continuous employment and will be acquired when an Employee has completed the probationary period of employment defined as follows: a) For full time and seasonal full-time Employees, the probationary period is defined as the first three (3) months of employment. b) For seasonal part-time employees, the probationary period is defined as the first 480 hours of employment Seniority will be calculated based on an employee s most recent date of hire and will accumulate thereafter. For greater clarity, seniority shall be applied as follows: (a) Full time Employees based on the date on which he/she became or were hired as a full time employee. (b) In the event more than one employee become or is hired full time on the same date, order of seniority shall be determined on the basis of the employees seasonal seniority hire date, if applicable or by the same process in 9.02 (d) if they are not currently employed as a seasonal employee. (c) Seasonal employees shall have their seniority based on their date of hire with the Festival. (d) In the event the Festival hires more than one seasonal employee at the same time the seniority of these employees shall be determined by the way of a lottery. A Union Steward shall be present at the time of the lottery and the first name pulled in the draw shall have the most seniority and this process shall continue until all employees have been assigned their seniority Seniority lists containing the names of all employees and their respective seniority will be supplied to the Business Agent and posted on the Facilities bulletin boards twice yearly (May 1st and Nov 1st) Loss of Seniority - An employee shall lose all seniority and shall be deemed to have quit if he/she: a) voluntarily leaves the employ of the Festival; b) is discharged and is not reinstated through the grievance and arbitration procedure; c) is laid off for a period of time equal to his/her length of seniority at the time of layoff but not for less than twelve (12) months; d) is absent from work without prior permission or without contacting their manager or designate for three (3) consecutive working days unless a satisfactory reason is given; e) fails to return to work upon termination of an authorized leave of absence, unless a satisfactory reason is given; f) utilizes a leave of absence for a purpose other than those for which the leave of absence was granted, unless a satisfactory reason is given; g) fails to contact the Festival within forty-eight (48) hours of being notified of recall to work following a layoff or fails to report to work within fourteen (14) calendar days after such notification, unless a satisfactory reason is given

13 9.05 In cases of layoff, employees will be laid off in reverse order of seniority within the classification where the reduction is necessary in the following order: a) Probationary employees; b) Seasonal part time employees; c) Seasonal full time employees; d) Full-time employees. Unless legislation is more favourable to the employees, the Festival, wherever possible, shall notify seasonal employees who are to be laid off, two (2) weeks prior to the effective date of layoff. The Festival shall provide written notice of layoff in the amount of twelve (12) weeks for full time employees prior to the effective date. If the employee has not been provided work for any of the notice period required in this Article, he/she shall be paid for the days for which work was not made available. On the same date that notice of layoff is given to affected employees, the Festival shall provide a copy to the Business Agent of the Union and post a general notice of layoff on the Facilities bulletin boards which shall be deemed to be notice to any employee who may be affected by bumping as outlined below. Any employee that is subsequently bumped will not receive a further notice of layoff but shall receive confirmation in writing that they have been bumped within one business day of it being known to Festival management. An employee, prior to accepting a layoff, may within five (5) days of receiving a notice of layoff, bump the least senior employee in another classification provided they have greater seniority than that employee and the necessary qualifications and ability to perform the work without training other than a familiarization period of no longer than forty (40) working hours, which may be split in to multiple or partial shifts. Such notice of intent to bump shall be provided to the Facilities Manager in writing. Any employee so displaced as a result will be entitled to the same procedure Full-time employees that are laid off on a temporary basis per 9.05 shall be paid out any vacation pay which has been earned at the time of layoff, unless they specifically request to hold the vacation pay to use during the lay off period. In any event, any outstanding vacation pay will be paid out with the last pay of the year. Full-time employees shall be responsible for the employee portion of any benefit premiums that they participate in during the layoff period and under normal circumstances will be deducted from the final pay In the event of permanent layoff, affected full time employees shall receive as severance pay, one week of regular wages (40 hours) for each year of service completed at the time of layoff, in addition to the severance required under the Employment Standards Act

14 9.08 When work becomes available and employees are on layoff, the hours will be offered in the following manner providing the employee has the necessary qualifications and ability to perform the work: a) Full-time employees on layoff b) Seasonal full-time employees on layoff c) Seasonal part-time employees on layoff During the off-season, the Festival shall establish a list in order of seniority of those employees laid off who have indicated in writing their willingness to accept work that may become available during the layoff period. It is the responsibility of all laid off employees to keep the Facilities Manager or designate informed of their availability and/or changes at all times, failure on the part of the employee to do so may result in missed work. Employees are required to provide one (1) weeks notice in writing of any changes to their availability. These changes will take effect on the next available schedule and/or call in. The Festival must call in order of seniority from this list during the off season for any additional work which becomes available during the layoff period. Employees who fail to respond to three (3) or more phone calls from the Festival when work is offered shall not be contacted again until they contact Facilities Management. Refusal to accept these hours will not result in termination as defined in Article 9.04 (g) or be construed as a recall or new layoff When recalling employees following a layoff, employees will be recalled in order of their seniority, in the following order: (a) Full time employees; (b) Seasonal full time employees; (c) Seasonal part time employees; provided they have the necessary qualifications and ability to perform the work available. It is understood that employees who have bumped into a different classification shall have the right to return to their original classification in order of their seniority. No new employees shall be hired until those laid off have been given an opportunity of recall, provided that the employee on lay off has the necessary qualifications and ability to perform the normal requirements of the job. No temporary, casual, or part-time employee shall be recalled from layoff until all laid off full-time employees within the same job classification are working a full 40-hour work week Effective January 1, 2007, an Employee whose status is changed from seasonal to full time shall carry their full seniority with them for the purpose of calculating vacation entitlement under Article If an employee is absent due to illness or disability for a period of twenty-four (24) months from the date the illness or disability commenced, his/her position will be posted and filled as outlined in Article 10. Should the employee be fit to return to work to his/her pre-disability position at a later date, he/she may use his/her seniority rights to displace an employee with a similar position in the bargaining unit

15 ARTICLE 10 JOB POSTINGS AND JOB ASSIGNMENTS It is mutually agreed that notices within the scope of the bargaining unit of any vacancy occurring as a result of death, retirement, resignation, promotion, demotion or termination of employment, or any new jobs created, shall be posted within one week of the effective date of the position becoming vacant. The posting shall be on all Union Bulletin Boards mentioned in Article Twenty-one (21) for a period of seven (7) calendar days. If an emergency exits that may not allow for the above procedure to be followed, the Business Agent will be so advised immediately. This shall not apply to vacancies that the Festival does not intend to fill, in which case the process outlined in the Letter of Understanding re: Staffing shall apply Employees shall make application in writing, including the provision of a current resume, during such seven (7) calendar day period on any such vacancy or new job created Such vacancy or new job created shall be filled from the applications received as follows: a) For the classifications of Head of Maintenance, Head Gardener, Stage Door (Security), Maintenance Lead Hand and Chief Engineer, Facilities Management shall retain the right of choice. Seniority, qualifications and ability will be considered when making such decisions. The Facilities Manager will give reasons in writing for not engaging the senior qualified candidate. b) For all other positions, the vacancy or new job created shall be filled from the applications received from the full-time employees on the basis of seniority and having the necessary qualifications and ability to perform the normal requirements of the job. If no applications are received or qualified candidates found, then the Festival will proceed to seasonal full-time applicants on seniority basis and then to seasonal parttime applicants on a seniority basis If no applications are received or qualified candidate found as outlined in Article 10.03, then the Festival will fill the vacancy or new job created in any manner it sees fit. The Festival agrees to post on the Union Bulletin boards the outcome of all job postings Temporary full time vacancies occurring because of absence related to short or long term disability or extended leave of absence, known to be in excess of three (3) months, shall be posted in accordance with the provisions of Article If the successful candidate is a seasonal employee, it is understood that he/she will not be re-classified to full-time status for this temporary period. It is further understood that if there is no qualified employee from within the bargaining unit, the position may remain unfilled if no qualified external candidate is found

16 10.06 When a current employee is transferred or promoted to a new position within the bargaining unit through the job posting process, a trial and training period of thirty (30) shifts will apply to the employee. At the end of the trial and training period, the employee may choose to return, or the Festival, following a reasonable determination that the employee s performance is not satisfactory, may direct the employee to return to their former position without loss of seniority. It is understood and agreed that the employee s former position shall be filled on a temporary basis by the most senior applicant within the job class having the necessary qualifications and ability to perform the normal requirements of the job. If the employee remains in the new position following the trial and training period, the employee s former position will be filled in accordance with Articles 10.01, and An employee in the category called on to perform duties as a Head or Chief Engineer position shall receive the higher wage scale for all hours while performing said duties. When an Employee is called upon to assist in another job category (non-head position) as allowed for in the employee s job description he/she shall continue to receive his/her or her normal rate of pay, even if such employee is assisting in a job category where the wage rate is lower. a) Temporary appointment for the Head of Maintenance or Head Gardener position will be made in accordance with Article (a) of the Collective Agreement for absences of one week or more due to vacation or illness. Management reserves the right to replace the Head of Maintenance or Head Gardener position as it deems necessary for periods of absence less than one (1) week. Maintenance employees who are interested in being considered for temporary appointment to the Head of Maintenance need to identify themselves in writing to the Facilities Manager by February 1 st of each year; the Facilities Manager will choose replacement coverage from this list of interested employees. b) Temporary appointment for the Chief Engineer position will be made in accordance with Article (a) of the Collective Agreement when the Chief Engineer is absent Sufficient full time and seasonal employee will be scheduled to maintain service standards for predictable workloads and absences. Employees will be scheduled according to their job category in the following order: a) full-time employees b) seasonal full-time employees c) seasonal part-time employees It is understood that shifts for (a) and (b) will be eight (8) hours daily and (c) will be a minimum of four (4) hours daily scheduled in compliance with all Employment Standards Act requirements The Festival shall assign full time Maintenance employees to a Facility no later than January 1st each year. No employee shall be assigned to any one Facility for more than two (2) consecutive years. Notwithstanding, employees may be reassigned to other facilities for short term projects and to cover employee absences, if required

17 10.10 During the off season, full-time employees will be offered overtime hours prior to any call ins for seasonal full-time or seasonal part-time employees to cover events/concerts (including the setup, staffing of the event and take down) where the Festival has the ability to charge out the cost of the wages to the renter of the facilities. It is understood that a full-time employee will only be offered the overtime for events/concerts when it is not in violation of the Employment Standards Act The parties agree that job descriptions will be reviewed at the request of either party, but no less than once every two (2) calendar years, at the union-management meetings. It is agreed that no significant changes will be made to the job descriptions and/or job duties of any job classification without prior discussion with the Union No employee may hold more than one position within the bargaining unit at the same time, but may be trained to provide replacement coverage in other areas/departments

18 ARTICLE 11 - HOURS OF WORK, OVERTIME & PREMIUMS (a) The normal work day shall not exceed eight (8) hours in any day. The normal work week shall not exceed forty (40) working hours in a pay week (Sunday to Saturday). (b) (c) (d) Four (4) hours shall constitute the minimum assignment for all employees covered by this agreement. It is understood that orientation, health & safety duties, and all training may not require four (4) hours to complete and, where possible, will be included as part of another work call. Should this not be possible, the 4-hour minimum shall apply. Seasonal employees will be entitled to four (4) weekend days (consisting of either a Saturday and Sunday, or four Saturdays, or four Sundays) off during the summer months (June to September inclusive). Request for weekends off will be made, in writing, to the Facilities Manager at least two (2) weeks in advance of the schedule being posted and will be granted in order of seniority. Approval for weekends off will not be unreasonably denied. All reasonable attempts will be made to post a work schedule for each month approximately four (4) weeks prior to the schedule coming into effect. Modifications to the schedule by Festival management may only be made as a result of unforeseen circumstances, and with employee consent Any authorized hours worked in excess of a normal work day or a normal work week will be counted as overtime worked and will be paid for at the rate of time and one-half (1 ½), of the regular rate for the job classification Overtime/Lieu Time - Where a full time Employee has worked and accumulated approved overtime hours, such Employee shall have the option of electing payment at the applicable overtime rate or time off equivalent to the applicable overtime rate (i.e. where the applicable rate is time and one-half (1 ½) then time off shall be at one and one-half (1 ½) times.) Any overtime worked in a single pay week shall all be either paid out or banked as lieu time, at the employees choice, however, the overtime hours will not be split between banked and paid out. Employees will be paid out for all unused bank time by December 31 st of each year at which time banks will then be put to zero and accumulation for that year will commence. Requests for using lieu time should be made to the Facilities Manager or designate at least four (4) weeks in advance. If an employee leaves the employ of the Festival and has Lieu Time that has not been taken it shall be paid out on the employee s final pay (a) Any hours worked on a normally scheduled day off will be paid for at the rate of time and one-half, computed at the regular rate for the job classification. b) Should a scheduled day off be changed by agreement of the Employee and the Facilities Manager then regular rates of pay shall apply provided the work week as outlined in Article is maintained

19 11.05 Employees shall be granted two fifteen (15) minute rest periods in each eight (8) hour shift. Rest periods shall be taken as the work load permits, but approximately in the middle of each four (4) hour period An Employee who reports to work for his/her scheduled shift without being notified to the contrary will be guaranteed at least four (4) hours of work or if no work is available will be paid for at least four (4) hours at his/her regular hourly rate Any Employee who is called back to perform emergency work on a day in which they are already scheduled to work shall be paid a minimum of four (4) hours at time and onehalf (1 ½) his/her regular hourly rate for the job classification An employee who is called in to work as a replacement for an absent employee (absent for any reason) will normally cover the balance of the absent employee s shift; however, in any event will receive a minimum of four hours of work. An employee who is called in to complete unscheduled work shall receive payment for a minimum of four hours at the applicable hourly rate of pay. Once the unscheduled work has been completed that caused this shift the employee s shift will end. This shall include but not limited to emergencies, last minute changes to event schedules or unscheduled shifts etc. When the Festival is replacing an employee for a non-urgent call-in, the Festival shall contact the next available senior employee to fill said shift(s). If that employee does not answer his/her phone the Festival will leave a message and wait ten (10) minutes prior to contacting the next senior employee to fill said shift(s). The aforementioned process will be continued until a replacement is found. For further clarity, if the call-in is urgent, the Festival will not wait 10 minutes between calls There shall be no split shifts for full time employees. The Festival will endeavour to avoid split shifts for seasonal employees, wherever possible, however, due to the nature of the operating schedule this may be required in order to maximize the number of hours provided to each employee. No seasonal employee will be scheduled with more than four and one half (4½) hours off between shifts Engineers (a) The Chief Engineer will be scheduled to work Monday to Friday day shift which shall commence at 0800 hours, unless otherwise mutually agreed between the Chief Engineer and Facilities Management. (b) (c) All Shift Engineers will rotate through either a five (5) consecutive day shift which shall commence at 0800 hours or a afternoon shift which shall commence at 1600 hours, as required by the Festival and the performance schedule, however Engineers shall be assigned to work one shift in any given pay week, unless mutually agreed otherwise. Engineer shifts will be 8 hours in length and will include a 30 minute paid lunch period

20 (d) During the period commencing one (1) week after the last performance until one (1) week prior to the commencement of the first on stage rehearsal, all work performed on a Saturday and/or Sunday by Engineers, will be paid at the rate of one and one-half (1½) times their regular hourly rate of pay. During this period, day shift on Saturdays and Sundays may be extended by two (2) hours to the Engineer scheduled to work without having to offer overtime out according to seniority. (e) The Chief Engineer shall do the scheduling for all Engineers and shall be responsible for its application, subject to approval of the Facilities Manager or designate. (f) (g) Engineers shall be responsible for the daily operations of all chillers, boilers, air compressors and their related piping, pressure vessels, auxiliaries and related equipment in the Festival Theatre s boiler rooms. The Festival shall pay the cost of the Engineer s license and subsequent renewals Carpenters (a) Carpenters will be scheduled to work Monday to Friday day shift which shall commence at 0800 hours, for current incumbents and unless otherwise mutually agreed between the Carpenter and Facilities Management. (b) Carpenters shall be entitled to a 1-hour unpaid lunch period unless other arrangements are made with the Facilities Manager Gardeners (a) The Head Gardener and Gardeners will be scheduled according to the needs of the department, which may vary depending on the time of year. (b) During the period commencing one (1) week after the last performance until one (1) week prior to the commencement of rehearsals, Gardeners will be scheduled to work Monday to Friday. (c) Gardeners will be scheduled on day shift which shall commence between 0700 hours or 0900 hours, unless otherwise mutually agreed between the Gardener and Facilities Management. (d) All Gardeners shall be entitled to a 30-min unpaid lunch period. (e) During the period commencing one (1) week after the last performance until one (1) week prior to the commencement of the first on stage rehearsal, all work performed on a Saturday and/or Sunday by Gardeners, will be paid at the rate of one and onehalf (1½) times their regular hourly rate of pay. (g) When the Head Gardener is absent from work and a Gardener other than the Head is required to supervise students working in the department, the senior Gardener working shall be paid the Head Gardener rate

21 11.13 Maintenance and Housekeepers (a) Full-time maintenance employees will be scheduled to work Monday-Friday day shift which shall not commence prior to 0600 hours, unless otherwise mutually agreed between the employee and Facilities Management. The Head of Maintenance shall commence work at 0700 unless otherwise mutually agreed between the employee and Facilities Management. When the Head of Maintenance is absent from work for one (1) full day or more he/she shall be replaced by another full time Maintenance employee until such time the Head of Maintenance is able to return to work. (b) (c) (d) (e) (f) (g) (h) During the period commencing one (1) week after the last performance until one (1) week prior to the commencement of the first on stage rehearsal in each theatre, full time employees will commence work at 0700 unless otherwise mutually agreed between the employee and Facilities Management. One full-time housekeeper employee will be scheduled 40 hours per week, on either day or afternoon shift with the same start times over 5 consecutive days, either Monday-Friday or Tuesday-Saturday, unless mutually agreed between the employee and Facilities Management. A second Full-time housekeeper employee will be scheduled 40 hours per week, on either day or afternoon shift over 5 consecutive days, either Monday-Friday, Tuesday-Saturday or Sunday-Thursday. All seasonal full-time and seasonal part-time employees will be scheduled according to the needs of the department and the performance schedule, which may include any shift or any day of the week. Three seasonal full-time housekeepers will be guaranteed 40 hours per week for twenty-six (26) continuous weeks per season. Seasonal Full-time housekeepers who have the twenty-six (26) guaranteed weeks will be scheduled Sunday through Saturday as required. All employees will be entitled to a 30-min unpaid lunch period. The Head of Maintenance will be entitled to a 1-hour unpaid lunch period unless other arrangements are made with the Facilities Manager. Maintenance schedules shall not have 5 pm - 1:30 am shift. This may result in maintenance employees working in more than one location. Full Time housekeeper replacement coverage will be offered out to the most senior seasonal employee when the replacement shift is 5 or more days. If a fulltime maintenance employee is absent for 5 days or more during the months of May through October, the Head of Maintenance shall be consulted regarding the replacement coverage including but not limited to: the need to replace the shifts partially or fully, the duties that could be completed by a housekeeper, and the hours of work that are most appropriate to meet the cleaning needs for the Festival. The seasonal employee who replaces the Full Time person will have his/her shifts replaced by the part-time seasonal employees who do not have 40 hours work, in descending order of seniority

22 (i) Full-time facilities employees who are required to perform snow removal duties outside their normal working hours will be paid at the rate of one and one-half (1 ½) times their regular hourly rate of pay Stage Door Stage Door Guards shall rotate through a 12-hour schedule rotation as outlined below: (a) The day shift schedule will be 0700 to 1900 and the night shift schedule will be 1900 to (b) (c) (d) (e) Overtime will be paid at the rate of time and one-half (1 ½) after twelve (12) hours of work per day, and after eighty (80) hours in a two (2) week period. Each twelve (12) hour shift taken off as vacation will be counted as one and onehalf (1 ½) vacation days. On a twelve (12) hour shift, Stage Door will receive two (2) fifteen (15) minute paid breaks and one (1) thirty (30) minute paid break. Stage Door replacement coverage shall be as follows: Employees that have applied for a casual stage door job posting and received special training in Stage Door may be called for replacement coverage, up to 84 hours in a two-week period for scheduled vacation or leave of absence replacement, prior to the shifts being offered out as overtime. For all coverage, casual Stage Door employees will follow the same shift provisions that apply to full-time employees as outlined in a) and b). For casual Stage Door employees, the two week period referred to in b) will be determined on a calendar year basis (e.g. Week 1 & 2, Week 3 & 4, etc.) Available shifts may only be offered out to the casual Stage Door employees, and if they cannot be filled in by this method, they will be offered out to the full-time Stage Door employees as overtime. After overtime is offered out to the Stage Door category, shifts may then be offered to other employees in the maintenance category Electrician (a) Electricians will be scheduled to work Monday to Friday day shift which shall commence at 0800 hours, unless otherwise mutually agreed between the Electrician and Facilities Management. (b) (c) Electrician shifts will be 8 hours in length and will include a 30-minute paid lunch period. During the period commencing one (1) week after the last performance until one (1) week prior to the commencement of the first on stage rehearsal, electricians will commence work at 0700 unless otherwise mutually agreed between the employee and Facilities Management

23 (d) The Festival shall pay the cost of the Electrician s license and subsequent renewals. (e) In the event of any power failure at any of the Festival properties or rented venues that require the use of emergency power systems (i.e. Generator), the Electrician shall be placed on standby should the Festival require this. If the Electrician is called in during this time the minimum four (4) hour call shall apply All employees required to work between 0001 hours and 0800 hours that are not part of their regular scheduled shift as defined in Articles 11.10, 11.11,11.12, 11.13, and shall be paid at one and one-half (1 ½) times their regular hourly rate of pay Shift Premium & Weekend Premium a) All Employees, who work the afternoon shift, will be paid one dollar and fourteen cents ($1.14) per hour for all hours worked in addition to their regular hourly rate. Afternoon shift is determined to be any shift that commences after 1430 hours. b) All Employees, who work the night shift, will be paid one dollar forty-one cents ($1.41) per hour for all hours worked in addition to their regular hourly rate. Night shift is determined to be any shift that commences at or after 2300 hours. c) All Employees who work the weekend shift will be paid one dollar and forty-one cents ($1.41) per hour for all hours worked in addition to their regular hourly rate. Weekend shifts are defined as all hours worked between 1900 Friday to 1900 Sunday. Stage Door Weekend shifts are defined as all hours worked between 1900 Friday and 0700 Monday. Without limiting the generality of the foregoing, the afternoon shift, night shift and weekend premiums will not be paid to Employees working overtime Stand-by - Stand-by Duty means a period of time that is not regularly scheduled and not a regular working period or overtime period during which an Employee is required to keep himself: a) immediately available to receive a call to return to work; and b) immediately available to return to the workplace. Employees will be canvassed for stand-by call duty, and Employees who accept stand-by call duty Monday through Friday shall receive a minimum of one (1) hours pay, per day, at the employees regular rate of pay. If the stand-by period is Saturday, Sunday, or a Recognized Holiday as outlined in Article 12.01, the Employee shall receive two (2) hours pay per day, at the employees regular rate of pay. Employees called in to work while on stand-by will be paid a minimum of four (4) hours at the appropriate overtime rate. The Festival will provide a method for contacting employee on call (i.e. Pager, cell phone) should the employee request it