COLLECTIVE AGREEMENT. between the WESTMINSTER CHILDREN'S AFTER SCHOOL SOCIETY (WCAS) and the B.C. GOVERNMENT AND SERVICE EMPLOYEES UNION (BCGEU)

Transcription

1 COLLECTIVE AGREEMENT between the WESTMINSTER CHILDREN'S AFTER SCHOOL SOCIETY (WCAS) and the B.C. GOVERNMENT AND SERVICE EMPLOYEES UNION (BCGEU) Effective from September 1, 2015 to August 31, v

2 TABLE OF CONTENTS ARTICLE 1 - PURPOSE Purpose of Agreement Working Environment Future Legislation No Discrimination Emergency Services... 1 ARTICLE 2 - MANAGEMENT RIGHTS Right to Manage... 2 ARTICLE 3 - UNION RECOGNITIONS AND RIGHTS Union Union Representatives Union Stewards No Discrimination No Strike or Lockout Bulletin Board Duties of the Steward Leave for Union Business Leave for Union Office Union Meetings... 3 ARTICLE 4 - UNION SECURITY Union Membership and Dues... 4 ARTICLE 5 - EMPLOYER AND UNION RELATIONS Union Bargaining Committee Labour/Management Committee... 4 ARTICLE 6 - DEFINITIONS Employee Defined... 4 ARTICLE 7 - GRIEVANCE PROCEDURE Definition Time Limits to Present Grievance Procedure Time Limit to Submit to Arbitration Dismissal or Suspension Grievances Deviation from Grievance Procedure Policy Grievance Amending of Time Limits Failure to Act... 7 ARTICLE 8 - ARBITRATION Notification Appointment of Arbitrator Abandonment of Grievance Decision of Arbitrator Expenses of Arbitrator Expedited Arbitration... 7 (i)

3 ARTICLE 9 - DISMISSAL AND DISCIPLINE Burden of Proof Dismissal and Suspension Right to Grieve Other Disciplinary Action Personnel File Right to Have Union Representative Present Abandonment of Position... 9 ARTICLE 10 - SENIORITY Seniority Defined Seniority Lists... 9 ARTICLE 11 - HIRING, PROMOTION, AND PROBATION Job Postings Information in Postings Hiring and Promotion Appointments Probation and Qualifying ARTICLE 12 - LAYOFF AND RECALL Definition Temporary Positions Reduction of Hours Canvass Layoff Notice Recall ARTICLE 13 - HOURS OF WORK Definitions Work Schedules Rest Periods and Meal Breaks Shift Schedules Additional Hours Meetings Overpayment Recovery ARTICLE 14 - OVERTIME Definition Overtime Right to Refuse Overtime ARTICLE 15 - HOLIDAYS Paid Holidays Holiday Falling on a Saturday or Sunday Holiday Coinciding with a Vacation Day Holiday Pay Other Religious Observances ARTICLE 16 - ANNUAL VACATION Vacation Year Vacation Entitlement Selection of Vacation (ii)

4 16.4 Vacation Earnings for Partial Years ARTICLE 17 - SICK LEAVE Accrual of Sick Leave Credits Usage of Sick Leave ARTICLE 18 - WORKERS' COMPENSATION LEAVE ARTICLE 19 - MATERNITY AND PARENTAL LEAVE Aggregate Leave Maternity Leave Maternity Leave Allowance Parental Leave ARTICLE 20 - BEREAVEMENT LEAVE ARTICLE 21 - COURT LEAVE ARTICLE 22 - UNPAID LEAVE OF ABSENCE ARTICLE 23 - HEALTH AND OTHER BENEFITS Eligibility BC Medical Services Plan Dental Plan Extended Health Plan ARTICLE 24 - PROFESSIONAL DEVELOPMENT ARTICLE 25 - HEALTH AND SAFETY Joint Occupational, Safety and Health Committee First Aid Requirement ARTICLE 26 - ON CALL EMPLOYEES Hours of Work Articles Applicable to On Call Employees Coverage of Absences Minimum Hours On Call Availability No Change in Status ARTICLE 27 - MILEAGE ALLOWANCE ARTICLE 28 - EFFECTIVE DATE AND DURATION Term of the Agreement Changes to the Collective Agreement Notice to Bargain APPENDIX A - Salary Schedule LETTER OF AGREEMENT 1 - Health and Other Benefits (iii)

5 BCGEU and Westminster Children's After School Society (08/2020) Page Purpose of Agreement The purpose of this agreement is to: ARTICLE 1 - PURPOSE (a) (b) maintain a harmonious relationship between the Employer and its employees, and define the hours of work, the rates of pay, and the conditions of employment; and (c) establish and maintain orderly collective bargaining procedures between the Employer and the B.C. Government and Service Employees Union; and (d) provide for an amicable method of settling differences that may arise from time to time. 1.2 Working Environment The Employer is a non-profit society that values: (a) (b) and (c) (d) quality affordable childcare; and a cooperative, mutually respectful atmosphere with families, WCAS staff and school personnel; age appropriate, individual appropriate, and developmentally appropriate activities; and experiential learning. The Employer desires to inspire, create, promote, encourage, and maintain a positive, constructive, and meaningful working environment for all its employees covered by this collective agreement. It is the responsibility of the BCGEU, its representatives, and the employees covered by this collective agreement to cooperate and otherwise assist the Employer with its endeavours in this regard and support and promote its values. 1.3 Future Legislation In the event any future legislation renders null and void or materially alters any provision of this agreement the remaining provisions will remain in effect for the term of the agreement and the parties hereto will attempt to negotiate a mutually agreeable provision to be substituted for the provision so rendered null and void or materially altered. If agreement is not reached, the matter will be sent to arbitration as provided in Article No Discrimination The parties hereto recognize the application of the Human Rights Code of British Columbia. 1.5 Emergency Services The parties recognize that in the event of a strike or lockout situations may arise of an emergency nature. To this end, the Employer and the Union will agree to provide services of an emergency nature.

6 BCGEU and Westminster Children's After School Society (08/2020) Page Right to Manage ARTICLE 2 - MANAGEMENT RIGHTS The management of the Employer s business and the direction of the workforce, including but not limited to the hiring, firing, promotion, and demotion of its employees, is vested exclusively with the Employer except as specifically otherwise agreed to in the agreement. All employees will be governed by all conditions set out in this collective agreement and by all rules as adopted by the Employer and made known to employees by general distribution, inclusion in the WCAS Manual, or attachment to bulletin or notice boards. 3.1 Union ARTICLE 3 - UNION RECOGNITIONS AND RIGHTS The Employer recognized the BCGEU as the sole bargaining authority for all its employees for whom the certification issued by the Labour Relations Board applies. It is expressly agreed that the agreement will not apply to any other employee of the Employer. 3.2 Union Representatives The Employer recognizes the representatives selected by the Union for purposes of collective bargaining, agreement administration, and general union business, as the sole and exclusive representatives of all employees within the bargaining unit as defined in Clause Union Stewards The Employer will recognize the stewards elected or appointed by the Union and will not discharge, discipline, or otherwise discriminate against such stewards for carrying out the duties proper to that position. Union stewards recognize that this agreement provides for processes to address workplace issues and will at all times conduct themselves in a respectful and professional manner consistent with this agreement and the objectives set out in Clause 1.1. A maximum of four stewards may be elected or appointed. The BCGEU agrees to provide to the Employer and to maintain current, a list of stewards. 3.4 No Discrimination There will be no discrimination, interference, restriction, or coercion exercised or practised with respect to any employee for reasons related to membership in or activities of the Union. 3.5 No Strike or Lockout During the life of this agreement there will be no lockout by the Employer or any sit-down, slow-down, work stoppage, study session or suspension of work, either complete or partial, of any sort for any reason, by the Union or the employees who are members of the bargaining unit. 3.6 Bulletin Board The Employer will provide a bulletin board for the use of the BCGEU members at each work location where reasonably possible. If no suitable bulletin board location is available, a three-ring binder will be acceptable to the Union.

7 BCGEU and Westminster Children's After School Society (08/2020) Page Duties of the Steward A steward who wishes to investigate complaints of an urgent nature during regular working hours will obtain permission before leaving his or her duties. Subject to operational requirements, the steward will be granted reasonable time without loss of pay. A steward who attends meetings in accordance with Clause 9.3 will do so without loss of pay. 3.8 Leave for Union Business On the provision of a written request with reasonable notice, an employee can seek a leave of absence without pay or loss of seniority for the reasons below. Approval of such leave will not be unreasonably denied by the Employer: (a) elected or appointed representatives of the Union to attend conventions of the Union or bodies to which the Union is affiliated; or (b) elected or appointed representatives of the Union to attend to union business which requires them to leave their work area; or (c) employees who are on the Union s Negotiating Committee to attend meetings of the Bargaining Committee; or (d) employees who are on the Union s Negotiating Committee in order to carry on negotiations with the Employer when those employees are attending negotiating meetings with the Employer; or (e) employees called by the Union to appear or prepare as a witness before an arbitration board or any other labour relations body. The Union and the employee will make every effort to provide as much advance notice as possible. To facilitate the administration of this clause, when such leave without pay is granted, the leave will be given with basic pay and the Union will reimburse the Employer for the salary and benefit costs not later than 28 days from the date that the Employer notifies the Union of those costs. 3.9 Leave for Union Office Upon request, a regular employee will be granted leave of absence without pay or benefits, for a period not to exceed one calendar year, in order to assume an elected or appointed position with the Union or a body to which the Union is affiliated. Her/his position will become vacant and may be filled in accordance with Article 11. In the event that the employee is elected as the President or Treasurer of the Union, the maximum period of this leave will be increased to three years. She/he will continue to accrue seniority during the period of leave provided she/he accepts the first available position in her/his classification at the end of the leave Union Meetings The Employer recognizes the Union s interest in keeping its members informed and aware of its activities through regular union meetings. The Employer may approve the use of facilities available to it to hold union meetings. Union meetings, including general and/or committee(s) meetings, held on employer-provided premises, will not interfere with the operation of the Employer or the facility.

8 BCGEU and Westminster Children's After School Society (08/2020) Page Union Membership and Dues ARTICLE 4 - UNION SECURITY (a) The Union will advise the Employer in writing of the amount of its regular dues. (b) Each employee will, as a condition of employment, complete an authorization form providing for the deduction from the employee s wages or salary the amount of the regular dues payable to the Union. (c) The Employer agrees to deduct the amount authorized as union dues once each month and to transmit the monies collected to the designated union office by the 15 th day of the following month, together with a list of all employees from whom such deductions were made. (d) Each new employee will be advised that a collective agreement is in effect. The new employee will also be advised of the name and location of her/his steward, who will provide the employee with a copy of this collective agreement. (e) All employees hired on or after the date of certification will, as a condition of continued employment, become members of the Union and maintain such membership. (f) A report of employees who cease employment will be provided to the Union on a semi-annual basis to coincide with the regular seniority list dates. 5.1 Union Bargaining Committee ARTICLE 5 - EMPLOYER AND UNION RELATIONS A union bargaining committee will be appointed by the Union and will consist of up to three employee members of the Union, with a maximum of one person from any centre, and the President of the Union or his designate. The Union will have the right at any time to have the assistance of members of the staff of the Union when negotiating with the Employer. 5.2 Labour/Management Committee There will be established a labour management committee composed of two representatives of the Employer and two representatives of the Union. This committee may call upon additional persons for technical information or advice. The Committee may establish subcommittees or "ad hoc" committees, as it deems necessary, and will set guidelines and operating procedures for such committees. The Committee will meet every 60 days, or as mutually agreed, at a mutually agreeable time and place. Employees will not suffer any loss of basic pay for the time spent on the Committee. Whenever possible the LMC will meet between the hours of 1:00 p.m. and 2:00 p.m. 6.1 Employee Defined ARTICLE 6 - DEFINITIONS (a) A regular status employee is an employee who is appointed to a position that has no identified end date. (1) A regular full-time employee is one who is appointed to a full-time position and is regularly scheduled to work full-time shifts.

9 BCGEU and Westminster Children's After School Society (08/2020) Page 5 (2) A regular part-time employee is one who is appointed to a part-time position and is regularly scheduled to work part-time shifts. (b) An on call status employee is an employee who is called to work on an as-required basis or is appointed to a temporary position. Volunteer, Co-op, Practicum and Work Experience Students will not displace, or result in the layoff of, any bargaining unit employees. ARTICLE 7 - GRIEVANCE PROCEDURE 7.1 Definition A grievance is any dispute(s) arising from: (a) the interpretation, application, or alleged violation of the collective agreement, including the question of arbitrability; or (b) the dismissal, suspension or discipline of any employee in the bargaining unit; and will be resolved in accordance with the following procedures. 7.2 Time Limits to Present Grievance An employee who wishes to present a grievance at Step 2 of the grievance procedure must do so no later than 30 days after: (a) the date on which she/he first became aware of the action or circumstance giving rise to the grievance; or (b) was notified orally or in writing. When the aggrieved employee is a steward, she/he will not, wherever possible, act as a steward in respect of her/his own grievance but will submit the grievance through another steward or union staff representative. 7.3 Procedure Step 1 Every effort will be made to settle the dispute with the immediate supervisor of the employee, as appropriate, and, if that person is not appropriate, with the Executive Director of the Employer. The aggrieved employee will have the right to have her/his steward present at such a discussion. The grievance will not proceed unless this step has occurred. When the aggrieved employee is a steward, she/he will not, where possible, act as a steward in respect of her/his own grievance but will submit the grievance through another steward or union staff representative. If the dispute is not resolved at this step, the aggrieved employee may submit a written grievance to the employer designate, through the union steward, to Step 2 of the grievance procedure. Step 2 The employee may present a grievance at Step 2 by: (a) recording this grievance on the appropriate grievance form, setting out the nature of the grievance and the circumstances from which it arose; and

10 BCGEU and Westminster Children's After School Society (08/2020) Page 6 (b) stating the article or articles of the agreement violated or alleged to have been violated, and the remedy or correction required; and (c) submitting this grievance to the authorized representative of the Employer through the union steward. The authorized representative of the Employer will provide the union steward with a receipt stating the date on which the grievance was received. Reply to Step 2 Within 14 days of receiving the grievance at Step 2, the representative of the Employer and the shop steward will meet to examine the facts and the nature of the grievance and attempt to resolve the dispute. This meeting may be waived by mutual agreement. The Employer will reply in writing to the Union within 30 calendar days of the receipt of the grievance at Step Time Limit to Submit to Arbitration Failing satisfactory settlement at Step 2, and pursuant to Article 7, the President of the Union, or her/his designate, must submit the dispute to arbitration the first of the following days: (a) (b) within 30 days after the Employer s reply is received; or within 30 days after the Employer's reply was due. 7.5 Dismissal or Suspension Grievances In the case of a dispute arising from an employee s suspension or dismissal, the grievance may be filed directly at Step Deviation from Grievance Procedure (a) The Employer agrees that, after a grievance has been initiated by the Union, the Employer's representative will not enter into discussion or negotiation with respect to the grievance, either directly or indirectly, with the aggrieved employee without the consent of the Union. (b) In the event that after having initiated a grievance through the grievance procedure, an employee endeavours to pursue the same grievance through any other channel, then the Union agrees that, pursuant to this article, the grievance will be considered to have been abandoned and will not be pursued further by the Union. 7.7 Policy Grievance Should a dispute arise regarding the interpretation of any article in this agreement, the dispute will be discussed initially by the Employer and the Union, within 30 days of one party notifying the other party of such dispute. If no satisfactory agreement is reached, either party may submit the dispute directly to arbitration as set out in Article Amending of Time Limits The time limits fixed in this grievance procedure may be altered by mutual consent of the parties, but the same must be in writing. Where a grievance or a reply is presented by mail, it will be deemed to be presented on the day on which it is postmarked and it will be deemed to be received on the day it was delivered to the appropriate office of the Employer or the Union. Grievances and replies at Step 2 of the grievance procedure and notification to arbitrate will be by mail or .

11 BCGEU and Westminster Children's After School Society (08/2020) Page Failure to Act If a dispute or grievance is not presented or referred to arbitration in the manner and in strict accordance with the procedures and the time limits prescribed, the Employer will be deemed to have been prejudiced by the delay in filing the grievance and the grievance will be deemed to be abandoned. However, the Union will not be deemed to have prejudiced its position on any future grievances. 8.1 Notification ARTICLE 8 - ARBITRATION Where a difference between the parties is not satisfactorily resolved after exhausting the grievance procedure in Article 7, either party may notify the other party within 30 calendar days of the receipt of the Step 2 reply of its desire to submit the difference to arbitration. 8.2 Appointment of Arbitrator When a party has requested that a grievance be submitted to arbitration, an arbitrator will be mutually agreed upon by the parties from the list contained in Clause 8.6. The parties will attempt to rotate between the arbitrators listed, subject to their availability. Where no agreement can be reached or none of the arbitrators listed at Clause 8.6 can be retained for whatever reason, the parties will agree to a different arbitrator. Failing this, either party may apply to the Labour Relations Board to have the Board appoint an arbitrator. 8.3 Abandonment of Grievance If there is no agreement on an arbitrator and no referral to the Labour Relations Board within 60 calendar days, the grievance will be considered to be abandoned. 8.4 Decision of Arbitrator The decision of the Arbitrator will be final, binding, and enforceable on the parties. However, the Arbitrator will not have the power to change this agreement or to alter, modify, or amend any of its provisions except for matters that arise in accordance with Clause Expenses of Arbitrator Each party will pay one-half of the fees and expenses of the Arbitrator. 8.6 Expedited Arbitration The expedited arbitration process set out below will be used for all grievances other than policy or dismissal grievance or grievances of a suspension of more than 20 days. The parties may agree to refer such grievances to the expedited process. Either party may notify the other party that it is no longer prepared to use the expedited process. Such notice will result in all grievances being referred to the regular arbitration process, immediately upon serving of such notice, other than those grievances already referred to expedited arbitration at the time of serving of such notice. Such revocation of the expedited process is not reversible. Grievances will be assigned on a rotational basis, based on the date of filing of the grievances, to the arbitrators named below:

12 BCGEU and Westminster Children's After School Society (08/2020) Page 8 Corinn Bell Mark Brown Judi Korbin John McConchie Julie Nichols Ken Saunders An arbitrator may determine that the matter before her/him is not properly in the expedited process, in which case the matter will be referred to the regular process within 30 days of the Arbitrator s decision. The Arbitrator will render a written decision outlining the facts and reasoning for her/his decision within 30 days of the conclusion of the hearing. Expedited awards will have no precedential value and will not be referred to by either party in respect of any other matter. Each party will pay one-half of the fees and expenses of the Arbitrator. 9.1 Burden of Proof ARTICLE 9 - DISMISSAL AND DISCIPLINE In all cases of discipline or dismissal for cause, the burden of proof of just cause will rest with the Employer. 9.2 Dismissal and Suspension The Employer may dismiss or suspend, for just cause, any employee who has completed her/his probationary period. Notice of discipline will be in writing and will provide the reasons for dismissal or suspension. The employee will have the right to have a steward present at any time they are provided with this notice, providing that this does not result in an undue delay of the appropriate action being taken. All dismissals and suspensions will be subject to the formal grievance procedure under Article 7 Grievance Procedure. A copy of the written notice will be forwarded to the President of the Union or the applicable staff representative within 10 calendar days. 9.3 Right to Grieve Other Disciplinary Action (a) Other disciplinary action grievable by an employee will include written censures, letters of reprimand and adverse reports or employee appraisals. (b) An employee will be given a copy of any document, report, incident, or notation placed on the employee's file which might be the basis of disciplinary action. (c) Should an employee dispute any such entry in her/his file, the employee will be entitled to utilize the grievance procedure and the eventual resolution of the grievance will become part of the employee's personnel record. 9.4 Personnel File An employee, or the President of the Union or his designate with the written authority of the employee, will be entitled to review an employee s personnel file, exclusive of the employee references. The file will be reviewed in the place where the file is normally kept and in the presence of a designated management representative. The Employer will provide copies of the entries as requested at the expense of the

13 BCGEU and Westminster Children's After School Society (08/2020) Page 9 employee. The employee or the President of the Union, as the case may be, will give the Employer five working days notice prior to having access to such information. 9.5 Right to Have Union Representative Present Where the Employer calls a meeting with an employee for the purpose of investigating the employee s conduct, or for disciplinary purposes, the Employer will notify the employee in advance as to the purpose of the meeting in order that the employee may contact a steward, providing that this does not result in undue delay of the interview or meeting. This clause does not apply to interviews and meetings that are of an operational nature: (a) Where an employee elects not to have a steward present, or a steward is not available for the meeting, the absence of the steward will not affect the Employer s right to discipline, suspend, or dismiss. (b) Nothing in this provision will prevent the Employer from taking immediate action to remove an employee from the workplace to address serious workplace violations. 9.6 Abandonment of Position An employee who fails to report for duty for three consecutive working days without informing the Employer of the reason for her/his absence before the end of the three days will be deemed to have abandoned her/his position. An employee will have a further 10 days to demonstrate that she/he was prevented from so informing the Employer Seniority Defined ARTICLE 10 - SENIORITY (a) (b) Seniority for a regular employee will be based on the date of hire as a regular employee. Seniority for an on call employee will be total hours worked. A regular employee who becomes an on call employee will have, as her or his seniority hours, her/his full years of service credited at 1560 hours per year (30 hours per week x 52 weeks), prorated for the partial year Seniority Lists The Employer will maintain a seniority list recording the name, start date, and classification of each regular employee. Up to date seniority lists for regular employees will be prepared at the end of March and the end of September of each year and posted in the month immediately following. The Employer will maintain a seniority list recording the name, hours worked, and classification of each on call employee. Up to date seniority lists for on call employees will be prepared at the end of each month and posted effective the second week of the following month. Copies will be forwarded to the Union. The seniority lists for regular employees will be deemed to be accurate and binding on all parties and employees 30 days following transmission to the Union.

14 BCGEU and Westminster Children's After School Society (08/2020) Page 10 The seniority lists for on call employees will be deemed to be accurate and binding on all parties and employees seven days following transmission to the Union Job Postings ARTICLE 11 - HIRING, PROMOTION, AND PROBATION When a new position is created or an existing position becomes vacant and the Employer decides to fill that position, a written notice identifying the position will be posted on bulletin boards in each worksite for 10 calendar days and ed to regular and on call employees. In order to receive postings by , employees must provide an address to the Employer. Regular positions will be of indeterminate duration. Temporary positions will not exceed one year in duration Information in Postings The posting notice will identify: (a) the classification, hourly rate of pay, and expected hours of work; and (b) the qualifications, knowledge, skills, and education required, such qualifications will not be established in an arbitrary or discriminatory manner; and (c) (d) whether the position is regular or temporary and, if temporary, the expected end date; and the initial worksite. Employees are hired for the organization as a whole and may be relocated to a different WCAS centre during the course of their employment, based on operational needs including, but not limited to, personal suitability. The start times, days of work, and hours of work, including the total number of hours worked per week are subject to change due to operational requirements Hiring and Promotion All appointments will be based on merit. The factors used to determine merit, and the weighing of those factors, will be those that, in management s sole discretion, are necessary or desirable, having regard to the nature of the duties to be performed and consistent with the position description requirements, including but not limited to education, skills, knowledge, experience, and prior performance (including attendance). When two or more applicants for a position are deemed equal, the position will be awarded to the most senior applicant Appointments First consideration in the appointment to any regular or temporary position will be given to existing regular employees. Should there be no qualified applicants, second consideration will be given to existing on call employees. Should there be no qualified applicants, external candidates will be considered.

15 BCGEU and Westminster Children's After School Society (08/2020) Page 11 Should a regular employee apply and be appointed to a temporary position, her/his regular position will be offered to qualified on call employees (back-filled). An on call employee appointed to back-fill the regular position will retain her/his on call status. A regular employee appointed to a temporary position will retain her/his regular status and benefits, providing the hours worked meet the requirements of Article Probation and Qualifying All newly hired regular employees will serve a probationary period of 90 calendar days. All newly hired on call employees will serve a probationary period of 90 calendar days or 200 hours, whichever is the longer. Any employee found to be unsuitable during the probationary period may be terminated. Any employee who is appointed to a new position, other than a newly hired employee, will serve a 90 calendar day qualifying period. Upon successful completion of the qualifying period or the probationary period, as the case may be, the employee will be confirmed in the position. During the qualifying period the Employer may remove the employee from the position if the employee is found to be unsuitable for continued employment in the position. In such case, the employee will return to her/his former position or status, and any employee who has been appointed to another position as a result of the appointment will return to her/his former position or status including, if necessary, the termination of any newly hired employee. No employee will be eligible to apply for any other position while in her/his qualifying or probationary period Definition ARTICLE 12 - LAYOFF AND RECALL A layoff is any reduction in the workforce from any cause that results in the elimination of a position including but not limited to: (a) (b) (c) (d) re-organization; program termination; closure of a centre; seasonal requirements Temporary Positions (a) Temporary vacancies which are expected to exceed six months will be posted as per Clause (b) Temporary positions include any positions with a specified expected end date, including but not limited to seasonal positions. (c) Temporary position may be ended prior to the expected end date. (d) If the temporary position is filled by a regular employee, she/he will revert to her/his original position at the end of the term of the temporary position. (e) If the temporary position was filled by either an on call employee or a person not previously employed by the Employer, she/he will revert to on call status. (f) Accepting a temporary position does not change the status of an employee.

16 BCGEU and Westminster Children's After School Society (08/2020) Page Reduction of Hours When it is determined that there will be a reduction of hours in a worksite, the hours of work of the most junior person(s) in the classification where the reduction will occur will have her/his hours reduced. A reduction in the employee s hours of work will not constitute a layoff and will not trigger the provisions of this article Canvass Prior to the layoff of any employee the Employer will post a Notice for a period of not less than 14 days inviting regular employees to express their interest in voluntary retirement or placement on the on call list. In order to be considered, any responses must be submitted in writing prior to the expiration of the 14 days of the notice Layoff When the Employer determines that a layoff is necessary it will identify the position or positions to be eliminated within the worksite(s). Employees will be laid off by classification within the worksite in reverse order of seniority. An employee who holds a position that is being eliminated will have the right to bump into the position held by the most junior employee at the worksite in the same classification as the initial employee being displaced for which she/he is qualified provided the employee being bumped is junior to the employee initially displaced. Should there be no option at the worksite, the employee who holds a position that is being eliminated will have the right to bump into the position held by the most junior employee in the same classification as the initial employee being displaced for which she/he is qualified, provided that the employee being bumped is junior to the employee initially displaced. Any employee bumped as a result of this process will have the same options as the employee who was initially displaced. Any employee who does not have a bump option in her/his classification will have the same displacement options as above to bump employees in the next lower classification Notice A laid off employee will receive written notice of layoff or pay in lieu as follows: (a) (b) (c) one week after three months' employment as a regular employee; two weeks after 12 months as a regular employee; one additional week for each complete additional year of employment Recall A laid off employee will have a right of recall for a period of one year from the date of layoff. Employees who are laid off will be recalled to work in order of seniority provided they are qualified and able to perform the duties of the position being filled. The notice of recall will be sent by certified mail and the employee must advise the Employer within 10 days of the notice being sent of her/his willingness to accept the position. No new employee will be hired until each employee on layoff has been given an opportunity of recall.

17 BCGEU and Westminster Children's After School Society (08/2020) Page Definitions ARTICLE 13 - HOURS OF WORK "Day" means a 24 hour period commencing at 00:01 hours. "Week" means a period of seven consecutive days beginning at 00:01 hours Monday and ending at 24:00 hours the following Sunday Work Schedules A full-time position is any scheduled position of 30 or more hours per week. A part-time position is any scheduled position of less than 30 hours per week. A schedule will not be for less than two hours for each scheduled day. Except as agreed by the Employer and the employee, no schedule will be for more than five consecutive days. Work schedules will have a minimum of two consecutive days off in any seven day block. The scheduled hours of work will not exceed eight hours per day or 40 hours per week. Time related to professional development will not be considered as time worked for the purposes of this clause Rest Periods and Meal Breaks (a) A rest period is a paid interval which is included in the workday and is intended to give the employee an opportunity to have a rest. All employees will be entitled to rest periods as follows: (1) For each work period in excess of six hours - two 15-minute rest periods, one to be taken before and one after the meal period, provided the staff to child ratio can be maintained and with the approval of the responsible TC. (b) No employee will be scheduled for more than five consecutive hours without a meal break. Such meal break will be unpaid. (c) In circumstance when an employee is notified that she/he is required to work or be available during her/his meal break, her/his scheduled hours of work will not be increased; the meal break will be deemed to be part of the scheduled hours and will be paid at straight-time rates. (d) It is understood that meal breaks and rest periods may be combined subject to operational requirements. (e) Nothing in this agreement is to be interpreted as guaranteeing any employee any rest period Shift Schedules Should the Employer determine it necessary to change an existing schedule, the employee will be notified a minimum of seven days in advance of the change Additional Hours Additional hours of work that may be required at a worksite will be first offered to the qualified regular employees at work at the site that the additional hours are required, up to a maximum of eight hours per day or 40 hours per week, before on call staff are utilized.

18 BCGEU and Westminster Children's After School Society (08/2020) Page 14 In those situations where additional hours are required at a worksite and no qualified employee at that worksite has accepted the offer of additional hours, including the offer of overtime, and there is no on call person available, the most junior qualified employee at that worksite will be required to work the additional hours, at the applicable rate of pay Meetings Employees required to attend meetings will be paid straight-time for any hours up to eight hours per day or 40 hours per week Overpayment Recovery Any overpayment of wages, sick benefits, vacation, or arising from any other cause will be recovered from the employee in the following pay period(s). Recovery of sick leave pay upon approval of a WCB claim will be considered an overpayment for the purposes of this clause. Such recovery will not cause undue hardship. Should there be a dispute regarding the time frames for recovery and a grievance filed, no recovery will occur until the grievance is resolved Definition ARTICLE 14 - OVERTIME "Overtime" means any hours greater than eight hours in one day or 40 hours in one week. "Straight-time" means the established rate of pay for the classification. "Time and one-half" means one and one-half times the straight-time rate of pay and is applied to the first two hours worked beyond eight hours in the day. "Double-time" means two times the straight-time rate of pay and is applied to all hours worked beyond 10 hours in the day or 50 hours in a week Overtime An employee who is required to work overtime will be entitled to the applicable overtime rates when the overtime worked is authorized in advance by the Employer. Should an emergency situation arise where it is not possible to obtain prior authorization, the employee will be paid at the appropriate overtime rates. Notwithstanding the above paragraph, should a regular employee work beyond her/his scheduled hours in a day, the Employer may provide that employee equal time off, with pay at regular rates Right to Refuse Overtime An employee has the right to refuse to work beyond her/his scheduled hours, except when an emergency situation arises. An emergency will include, but is not restricted to, situations that require the attendance of an employee in order to provide adequate supervision and care for children.

19 BCGEU and Westminster Children's After School Society (08/2020) Page Paid Holidays The following will be paid holidays: ARTICLE 15 - HOLIDAYS New Year s Day Family Day Good Friday Easter Monday Victoria Day Canada Day BC Day Labour Day Thanksgiving Day Remembrance Day Christmas Day Boxing Day And any other day proclaimed as a holiday by the federal or provincial governments Holiday Falling on a Saturday or Sunday Should any of the above-noted paid holidays fall on an employee s scheduled day off the holiday will be deemed to be the employee s next scheduled day of work unless the Employer has designated another scheduled day as the paid holiday Holiday Coinciding with a Vacation Day Should any of the above-noted paid holidays fall on a day that the employee is on scheduled vacation leave, the day will be recognized as a paid holiday and not as a vacation day Holiday Pay Payment for holidays will be for the employee s scheduled hours of work and the rate of pay of her/his incumbent position Other Religious Observances Employees may request up to four days' leave without pay each calendar year to observe spiritual or holy days. An employee making such a request must do so at least two weeks in advance. Such requests are subject to operational requirements Vacation Year ARTICLE 16 - ANNUAL VACATION (a) The vacation year is from April 1 st to March 31 st of the following year. Vacation entitlement must be taken in the vacation year that it is earned. Requests to defer vacation time to the following year will only be granted if, in the opinion of the Employer, circumstances beyond the control of the employee prevented her/him from taking her/his vacation during the current year. In such cases, or in the case of an employee in her/his first year of service, all unused vacation time must be taken within three calendar months of the end of the vacation year unless the employee is returning from an approved leave, in which case all vacation time will be taken within three months of the return to work. (b) For the purposes of this article, "Basic Pay" will mean: (1) for a Team Coordinator 2 or 3, pay at their applicable rate for seven hours; (2) for Program Staff, pay at their applicable rate for six hours; and

20 BCGEU and Westminster Children's After School Society (08/2020) Page 16 (3) for employees with atypical schedules, a different amount may be agreed between the Union and the Employer. (c) Payment for vacations will be made at an employee's Basic Pay, for each workday of vacation paid, on the normally scheduled paydays during the employee s vacation leave. If an employee has been working in a higher paid position for the majority of the regularly scheduled hours in the 60 workdays preceding their vacation, they will receive the higher pay Vacation Entitlement A regular employee who has received at least 10 days' pay at straight-time rates for each calendar month will have an annual vacation entitlement as follows: Continuous Service Vacation Years Workdays 1 st and 2 nd years of continuous service 10 workdays 3 rd and 4 th years of continuous service 15 workdays 5 th to 7 th years of continuous service 20 workdays 8 th and subsequent years of continuous service 22 workdays A regular employee may take their vacation entitlement at any time during the year subject to Clause During the first partial vacation year, a new regular employee's vacation entitlement will be prorated and vacation leave may only be taken to the extent it is earned Selection of Vacation Employees will select their vacation in accordance with the following procedure: (a) the Employer will determine the number of employees in each classification who may be on vacation leave at any one time; (b) on or before the end of February for the period April 1 st to August 31 st and on or before June 30 th for the period September 1 st to March 31 st of the following year; (c) vacation selection will be by seniority and classification; (d) an employee may select all or part of her/his entitlement but, if selecting part, must wait until all other employees have made their selections before selecting her/his second block of vacation time; (e) any vacation time not selected will be assigned by the Employer in consultation with the employee; (f) Notwithstanding the foregoing, with written approval of the Employer, employees may carry over up to five days of vacation to the subsequent year.

21 BCGEU and Westminster Children's After School Society (08/2020) Page Vacation Earnings for Partial Years Where an employee has taken more vacation than earned, the unearned portion taken will be charged against future earned credits or recovered upon termination on the last paycheque. Where an employee's employment terminates, earned but unused vacation entitlement will be paid out to the employee on the last paycheque. Calculations for the purposes of this clause will be rounded to the conclusion of the month within the partial year of service. ARTICLE 17 - SICK LEAVE 17.1 Accrual of Sick Leave Credits (a) Sick leave credits will begin to be available following the completion of the probationary period and will accumulate retroactive to the employee s first day of work. (b) Sick leave credits will accrue at the rate of 5% of the straight-time hours worked in a month. (c) Sick leave credits unused as of March 31 st, may be carried over to subsequent years to a maximum of five days per year based on the employee s scheduled hours of work for the week immediately preceding March 31 st, to a cumulative maximum of 240 hours. (d) All sick leave credits are cancelled when an employee's employment is terminated Usage of Sick Leave (a) In order to be entitled to sick leave, either paid or unpaid, an employee must be unable to perform the duties of her or his position due to illness or injury. (b) An employee who is unable to perform her/his duties due to illness or injury will notify the designated employer representative of her/his incapacity as soon as possible but in any event prior to the start of her/his shift unless it is not reasonably possible to do so. (c) An employee claiming sick leave, whether due to illness or injury, may be required to provide proof of incapacity. (d) Sick leave will be granted provided the employee meets the conditions in (a), (b), and (c) above and the employee will be paid for her/his scheduled hours of work, subject to the availability of sick leave credits. (e) Failure to meet the conditions contained in this clause may result in disciplinary action. Repeated failure to meet the conditions in (a), (b), and (c) may result in termination. ARTICLE 18 - WORKERS' COMPENSATION LEAVE An employee who has been approved for wage-loss benefits by WorkSafeBC due to an injury in the workplace will be granted WCB leave for such time loss, retroactive to the first day of time loss. The employee will immediately reimburse the Employer for any paid sick leave for the period of absence covered by the WorkSafeBC claim, and any sick leave credits used for that period will be reinstated to the employee s credit. Health and Welfare Benefits will continue during the period covered by the WorkSafeBC claim.

22 BCGEU and Westminster Children's After School Society (08/2020) Page 18 The employee will not accrue vacation or sick leave credits, nor will she/he be entitled to any statutory holidays that occur during the period of absence under this provision Aggregate Leave ARTICLE 19 - MATERNITY AND PARENTAL LEAVE Total Maternity and Parental Leave will not exceed 52 weeks Maternity Leave An employee will be granted maternity leave of up to 17 weeks upon written request and submission of a medical certificate from a qualified medical practitioner confirming the expected date of birth. Such leave will commence no sooner than 11 weeks prior to the expected date of birth and no later than the actual date of birth and must be requested at least four weeks in advance. If the employee is unable to perform her duties prior to the 11 week period, and provides acceptable medical proof, she will be eligible for sick leave. Maternity leave is without pay. Benefits will continue, at the employee s option, subject to the employee providing, in advance, post-dated cheques equal to the employee s contributions to the benefit plans, if any Maternity Leave Allowance (a) An employee who qualifies for maternity leave pursuant to Clause 19.2 will be paid a maternity leave allowance. In order to receive this allowance, the employee must prove to the Employer that she has applied for and is eligible to receive employment insurance benefits pursuant to the Employment Insurance Act, as amended from time to time. An employee disentitled from receipt of employment insurance benefits is not eligible for a maternity leave allowance. (b) The maternity leave allowance will consist of seven biweekly payments equivalent to the difference between the employment insurance gross benefits and any other earnings received by the employee and 75% of the employee's basic pay (calculated by using an average of the employee's earnings over the preceding 12 months). (c) An employee must be employed by the Employer for a minimum of 12 months before becoming eligible for a maternity leave allowance. (d) In the event that an employee resigns from employment with the Employer at any time between the time of her first receipt of the maternity leave allowance and six months following her return to work from the related period of leave she will repay all amounts received as a maternity leave allowance to the Employer Parental Leave Parental leave of up to 37 weeks will be granted in the event of the birth or adoption of a child, upon written request and submission of proof of adoption. In the event that both parents are employees of the Employer, they will determine the apportionment of the parental leave. The mother s parental leave will be continuous to the maternity Leave in the event of birth. Parental leave for the mother s partner will commence at the same time as, or at any time after, the commencement of