clac COLLECTIVE AGREEMENT better together LACOMBE FOUNDATION RETAIL, HEALTH CARE AND SERVICE EMPLOYEES UNION, CLAC LOCAL 301 Between And

Transcription

1 clac better together COLLECTIVE AGREEMENT Between And RETAIL, HEALTH CARE AND SERVICE EMPLOYEES UNION, CLAC LOCAL 301 Duration: January 1, December 31, 2019

2 SERVICE AT YOUR FINGERTIPS «CLAC better together c:ic::l == myclac is your gateway to important information about your workplace, collective agreement, and more. Sign up at c/ac.calmyclac to update your contact information and preferences. find out who your stewards and representatives are, read your collective agreement, access training calendars and sign up for upcoming courses, learn about member-only discounts, awards, and scholarships, apply for construction jobs. and access your retirement and benefit information. Questions? Call the nearest CLAC member centre. or visit us at cloc.co to learn more.

3 COLLECTIVE AGREEMENT BETWEEN: Operating as Lacombe Senior Citizen's Lodge and Parkview Manor and, Eckville Manor House and Lion's Golden Villas (hereinafter referred to as "the Employer") -AND- RETAIL, HEALTH CARE AND SERVICE EMPLOYEES UNION, CLAC LOCAL 301 (hereinafter referred to as "the Union") January 1, December 31, 2019

4

5 TABLE OF CONTENTS ARTICLE 1 - PURPOSE ARTICLE 2 - DEFINITIONS , ARTICLE 3- RECOGNITION ARTICLE 4 - MANAGEMENT RIGHTS ARTICLE 5 - JOINT LABOUR MANAGEMENT COMMITTEE ARTICLE 6 - UNION REPRESENTATION ARTICLE 7 - UNION MEMBERSHIP AND DEDUCTIONS ARTICLE 8 - DISCRIMINATION ARTICLE 9 - GRIEVANCE & ARBITRATION PROCEDURES ARTICLE 10 - PROBATIONARY PERIOD ARTICLE 11 - SENIORITY ARTICLE 12 - JOB POSTINGS ARTICLE 13 - TERMINATIONS & RESIGNATIONS ARTICLE 14- LAYOFF/RECALL ARTICLE 15 - DISCHARGE AND DISCIPLINE ARTICLE 16 - HOURS OF WORK ARTICLE 17 - OVERTIME ARTICLE 18- REPORTING PAY ARTICLE 19- NAMED HOLIDAYS ARTICLE 20 - VACATION AND VACATION PAY ARTICLE 21 - EMPLOYEE BENEFITS ARTICLE 22 - PARKING ARTICLE 23 - SICK LEAVE ARTICLE 24- PAID LEAVES ARTICLE 25- UNPAID LEAVES ARTICLE 26 - HEAL TH AND SAFETY ARTICLE 27 - SALARIES ARTICLE 28- SHOE ALLOWANCE ARTICE 29 - ON CALL/CALL BACKS..., ARTICLE 30 - DURATION SCHEDULE "A-1: Wage Grid" SCHEDULE "A-2: Premiums" SCHEDULE "B"..., ,

6

7 COLLECTIVE AGREEMENT JANUARY DECEMBER ARTICLE 1 - PURPOSE COLLECTIVE AGREEMENT 1.01 The parties to this Agreement desire to foster and maintain a relationship among the Employer, the Union and the employees which is in every respect conducive to their mutual well-being. The parties hereby pledge to fairly administer this Agreement as one means by which that purpose can be achieved. ARTICLE 2 - DEFINITIONS 2.01 "Act" means the Labour Relations Code, as amended from time to time "Arbitration" shall take meaning from the section of the Act dealing with the resolution of a difference "The Union" means the Retail, Health Care and Service Employees Union, CLAC Local 301. In the event of a change of name of Union, the subsequent name shall be recognized. The Union is recognized as the bargaining agent for all employees employed as outlined in the Alberta Labour Relations Board Certificate No dated September 16, 2015 and, Certificate No dated September 16, 2015, that is, "all employees" of Lacombe Senior Citizen's Lodge and Parkview Manor, and Eckville Manor House and Lion's Golden Villas when employed in Auxiliary Health and General Support Services and/or as outlined in Schedule "A" attached hereto "Basic Rate of Pay" shall mean the increment step in Schedule "A- 1" applicable to an Employee in accordance with the terms of this Collective Agreement, exclusive of all premium payments. 1

8 2.05 "Continuous Service" shall mean the period of employment on the latest date of employment that is not interrupted by termination or dismissal "Employee" shall mean a person covered by this Collective Agreement and employed by the Employer. At the time of hire, the employment status of each Employee will be determined in accordance with the following: 2.07 a) "Regular Employee" is one who works on a full-time or parttime basis on regularly scheduled shifts of a continuing nature: i) "Full-time Employee" is one who is regularly scheduled to work the full-specified hours in the "Hours of Work" article of this Collective Agreement; ii) "Part-time Employee" is one who is regularly scheduled for less than the full-specified hours in the "Hours of Work" article of this Collective Agreement. b) "Casual Employee" is one who: i) is regularly scheduled for a period of three (3) months or less for a specific job; or ii) relieves for absences the duration of which is three (3) months or less; or iii) works on a call in basis and is not regularly scheduled. c) "Temporary Employee" is one who is hired on a temporary basis for a full-time or part-time position: i) for a specific job of more than three (3) months or less but less than six (6) months; or 2

9 COLLECTIVE AGREEMENT JANUARY DECEMBER ii) to replace a full-time or part-time Employee who is on approved leave of absence for a period in excess of three (3) months; or iii) to replace a full-time or part-time Employee who is on leave due to injury or illness where the Employee has indicated that the duration of such leave will be in excess of three (3) months. Alteration of employment status thereafter will be regulated by the terms of this Collective Agreement "Employer" shall mean and include such officers as may from time to time be appointed, or designated to carry out the administrative duties in respect of the operation and management of the business "Feminine Gender" shall mean and include the masculine and similarly, the singular shall include the plural and vice-versa, as applicable "Facility" shall mean the seniors lodges, Eckville Manor and Lacombe Lodge administered by the Employer "Shift" shall mean the daily tour of duty excluding overtime hours "Shift Cycle" means the period of time when the shift schedule repeats itself. In those instances where the shift schedule does not repeat itself, the term "Shift Cycle" shall be understood to mean a period of time not exceeding twelve (12) weeks "Day" shall mean equivalent to full-time hours (8.00 hours) "Posted" can mean electronic and paper format. 3

10 COLLECTIVE AGREEMENT JANUARY DECEMBER "Written" can mean electronic (website) or communication JLM -Joint Labour Management Committee 2.17 "Vacation" means annual vacation with pay "Vacation Year" means the twelve (12) month period commencing on the first (l 5 t) day of January and concluding on the last day of December in each calendar year. ARTICLE 3 - RECOGNITION 3.01 The Employer recognizes the Union as the bargaining agent for this Collective Agreement Supervisors and/or other personnel outside the bargaining unit shall not perform work normally done by employees, save and except in emergency situations where an employee in the bargaining unit is unavailable, if that would mean less available work for the latter Employees shall cooperate with supervisors in performing any work reasonably required of them when such work falls within the normal range of their duties No regular employees, having completed their probationary period, shall lose her employment during the life of this agreement as a direct result of contracting out. 4

11 COLLECTIVE AGREEMENT JANUARY DECEMBER ARTICLE 4 - MANAGEMENT RIGHTS 4.01 Subject to the provisions of this Agreement, the Union acknowledges that it is the exclusive function of the Employer to manage its operations and direct the workforce, including, but not limited to the following: a) To manage, control, develop, and operate the facilities covered under this Agreement in every respect subject only to the specific limitations set out in this Collective Agreement. b) Maintain order, discipline and efficiency; c) Hire, classify, direct, approve, promote, transfer, and lay off employees; d) Discharge, employees employees; demote, suspend or otherwise discipline for just cause and discharge probationary e) Determine the number of employees required, the duties, and set standards to be performed by each employee; f) Make and alter from time to time reasonable rules and regulations to be observed by the employees. g) Determine the kind and location of equipment to be used; the right to sub-contract; the extension, limitation or curtailment of operations; and to determine all other functions and prerogatives heretofore vested in and exercised by the Employer which shall remain solely with the Employer in accordance with Article

12 ARTICLE 5 - JOINT LABOUR MANAGEMENT COMMITTEE 5.01 The parties agree to establish an active Labour-Management Committee in each establishment or lodge covered by this Collective Agreement. a) The Committee shall be made up of three {3) Union Representatives and two (2) management Representatives, one being the Employer. b) The Committee shall keep minutes of its meetings and post them in the lodge, within seven (7) days of the committee meeting. A copy will be forwarded to the Union's regional office concerned. The Committee shall appoint from among themselves a chairperson and a recording secretary with such positions rotating as agreed upon by the Committee. c) The Committee shall meet as often as required but no less than four (4) times per year. Meetings shall be convened upon a minimum notice of one {1) week, with the time and date of the meeting to be set by mutual agreement. The agenda for the meetings shall be in writing with finalized copies given to all Committee members one {1) week before the meeting. d) Employees serving on the Committee in accordance with 5.01 {a) shall be paid at their regular hourly rate for meeting time during their hours of work, but shall under no circumstances be deemed as overtime. If the meeting is outside of the employee's regular shift, they shall be paid at their regular hourly rate for a minimum of one {1) hour, or the duration of 6

13 the meeting, whichever is greater. Whenever possible the meetings will take place during the employee's regularly scheduled shift. This cost for meeting time will be borne by the Employer; any additional meeting time required with the Union as well as travel expenses shall be borne by the Union. e) The Committee shall deal with all matters of mutual concern, however, the Committee shall not deal with grievances or negotiations and it is not empowered to alter or amend any of the terms of this Collective Agreement. f) Any employee or any non-bargaining unit person may refer matters to the Committee for consideration. Such referrals shall be in writing to the Committee. g) The parties commit themselves to these procedures in recognition of their joint responsibility and mutual desire to give the best possible care to the residents entrusted to them. The parties declare that, in all instances and circumstances, they commit themselves to the best of their ability to the happiness, security and physical and emotional well-being of the residents. 7

14 ARTICLE 6 - UNION REPRESENTATION 6.01 For the purpose of representation with the Employer, the Union shall function and be recognized as follows: a) Stewards appointed by the Union are Representatives of the employees in the processing of grievances. b) CLAC Representatives represent the employees in all matters pertaining to this Agreement. They are authorized to negotiate amendments to or renewal of this Agreement and to enforce all rights of the employees under this Agreement and under the law. c) CLAC Representatives shall request permission, in advance from the Employer, or his designate before conducting any business in the Lodge and shall not unreasonably interfere with the work in the Lodge. Permission shall not be unreasonably withheld A Steward shall be granted time off, without loss of wages, to assist an employee in the presentation of a grievance where such grievance must reasonably be dealt with during working hours. The Steward must first obtain permission from her supervisor. Such permission will not be unreasonably withheld. Upon completion of her business, the Steward will report to her supervisor and then return to her regular duties A Steward shall be given fifteen (15) minutes time off, without loss of wages, to welcome a new employee and to discuss Union membership with such an employee. 8

15 6.04 The Union has the right to appoint the members of a bargaining committee consisting of an average of four (4) unionized employees of the Lacombe Foundation Once every second month, employees may be given the opportunity to meet and discuss Union matters in a room provided by the Employer on the Employer's premises. These meetings may be attended by Representatives of the Union. The Union shall arrange for a mutually satisfactory date with the Employer one (1) week before the meeting. Such meetings shall take place at the end of the day shift and the Employer shall endeavour to make arrangements to permit employees who must otherwise be on duty to attend these meetings for up to one-half (Yi) hour without loss of pay. No payment of overtime shall be paid to any employee for attending such meetings. It is agreed that a minimum staff, as mutually determined, must be maintained at all times in the Facility Stewards who are requested by the Employer to attend a grievance meeting on their day off will be paid for actual hours spent in the meeting with a minimum of one (1) hour pay. 9

16 ARTICLE 7 - UNION MEMBERSHIP AND DEDUCTIONS 7.01 Neither the Employer nor the Union will compel employees to join the Union. The Employer will not discriminate against any employee because of Union membership or lack of it and will inform all new employees of the contractual relationship between the Employer and the Union. When a new employee commences work, a Steward will be informed of the hiring of the new employee in order to give the Steward an opportunity to describe the Union's purposes and representation policies to the new employee The Union agrees that it shall make membership in the Union available to all employees covered by this Agreement The Employer is hereby authorized to deduct administration dues, union dues or where applicable, an amount equal to union dues, from each employee's pay as a condition of employment. These deductions are to commence with the start of employment a) The total amount deducted will be turned over to the Union treasurer each month within a week after the last deduction for the month is made, together with an itemized list of the employees for whom the deductions are made and the amount deducted for each. The Employer shall be saved harmless for all deductions and payments made. b) The Employer shall annually report on an employee's T-4 slip (income tax slip) the amount of Union dues deducted from the employee in that year and forwarded to the Union on the employee's behalf. 10

17 COLLECTIVE AGREEMENT JANUARY DECEMBER Employees who cannot support the Union because of conscientious objection, as determined by the Union's internal guidelines, may apply to the local 301 board in writing. ARTICLE 8 - DISCRIMINATION 8.01 The Employer agrees that there will be no discrimination, intimidation, interference, restraint or coercion exercised or practised by the Employer or any of its representatives with respect to any person because of race, colour, sex, physical disability, age, religious beliefs, ancestry, place of origin.or marital status, or for membership in CLAC. ARTICLE 9 - GRIEVANCE & ARBITRATION PROCEDURES 9.01 The parties to this Agreement recognize the stewards and the CLAC Representatives as the agents through which employees shall process their grievances. The Employer or the Union shall not be required to consider or process any grievance which arises out of any action or condition more than five (5) workdays after the subject of such grievance occurred If the action or condition is of a continuing or recurring nature, the limitation period shall not begin to run until the action or condition has ceased. The limitation period will not apply to differences arising between the parties hereto relating to the interpretation, application, or administration of this Agreement. 11

18 COLLECTIVE AGREEMENT JANUARY DECEMBER At no time may an employee or group of employees file a grievance on behalf of another employee A Group Grievance is defined as a single grievance, signed by a steward and a CLAC Representative on behalf of a group of employees who have the same complaint. Such a grievance must be dealt with at successive stages of the grievance procedure commencing with Step 1. The grievors shall be listed on the grievance form. Should such a grievance be referred to arbitration the matter shall be adjudicated as a group grievance A Policy Grievance is defined as one which involves a question relating to the interpretation, application or administration of this Agreement. When submitted by the Employer it can relate to the conduct of the Union, its representative or steward. A policy grievance may be submitted by either party to arbitration under Article 8, bypassing steps 1 and 2. A policy grievance shall be signed by a steward and a CLAC Representative and submitted to the Employer's Representative and its head office. In the case of an Employer's policy grievance, the grievance shall be signed by the Employer or his representative An earnest effort shall be made to settle issues arising from the application of this agreement fairly and promptly through discussion between the parties to avoid the need for a formal grievance. An employee who believes she has a grievance must, accompanied by a steward or a CLAC Representative, orally submit her complaint to the Lodge Manager, and/or Human Resources within five (5) workdays (excluding Saturdays, Sundays and holidays) after the act or condition which caused the grievance. The Lodge Manager and/or Human Resources will deal with the grievance not later than the third {3rd) workday 12

19 following the day on which the grievance is submitted and will notify the grievor and the Union Representative of their decision in writing within three (3) workdays following the said meeting. Step 1 If the difference is not resolved satisfactorily in discussions, it may become a grievance. The grievance shall be reduced to writing, setting forth: (a) the nature of the grievance and the circumstances out of which it arose; (b) the remedy or correction required; (c) the section or sections of the Agreement infringed upon, or claimed to have been violated. The written grievance shall be submitted in this form to Human Resources within three (3) workdays following the written response from Human Resources. On the grievance form Human Resources shall make known her decision to the grievor within five (5) days of receipt of the grievance, and provide the grievor and Steward with a copy of the decision. Step 2 In the event that the reply in Step 1 is unsatisfactory to the grievor, the grievor, through the Union, may submit the grievance to the Director providing this is done within five (S) workdays after the receipt of the answer of Human Resources in the first step. The Union and the Employer shall meet to discuss the grievance 13

20 within seven (7) days of receipt of the second step grievance. The Director shall make known his decision to the grievor and the Union office within five (5) days of the meeting. In the event that the parties are unable to settle the grievance at Step 2 of the procedure, the Union may submit the grievance to arbitration within fourteen (14) days of receipt of the decision of the Director. A notice of submission to arbitration must be given in writing by the Employer or the Union. In the event that either the Employer or the Union on their own behalf wish to process a grievance, such grievance shall be submitted by one party to the other, in writing, and shall be submitted within ten (10) days of the act causing the grievance. The party in receipt of the grievance must, within ten (10) days of having received it, inform the other party of its decision. In the event that the grievance is not resolved at this time, either party may submit the grievance to arbitration within seven (7) days of rendering of the decision The time limits expressed in the foregoing shall be exclusive of Saturdays, Sundays and Statutory Holidays and normal time off of the employee(s) involved In the event that the initiator of the grievance fails to follow the procedure and time limits established in this section, the grievance shall be deemed to be abandoned A written grievance will indicate the nature of the grievance and remedy sought by the grievor. A copy of the grievance shall be forwarded to the head office of the Employer. 14

21 Arbitration 9.09 If the parties fail to settle the grievance at Step 2 of the grievance procedure, the grievance may be referred to arbitration The party requiring arbitration must serve the other party with written notice of the desire to arbitrate within fourteen (14) days after receiving the decision given at Step 2 of the grievance procedure If a party wishes to arbitrate a dispute, it shall normally be done by a sole arbitrator, unless the parties agree to establish an arbitration panel In the event of a sole arbitrator, the two parties shall jointly select a sole arbitrator. In case they are unable to reach agreement on this matter, either party may request the Minister of Labour to appoint an arbitrator All references in this Article to a sole arbitrator shall equally apply to a board of arbitration If the parties agree to opt for a board of arbitration, the two parties shall each nominate an arbitrator within seven (7) days and each shall notify the other party of the name and address of its nominee. The two (2) arbitrators so appointed shall jointly select a chairman. If they are unable to agree on the selection of a chairman within seven (7) days of their appointment, either party to the dispute may request the Minister of Labour to appoint a chairman. 15

22 9.15 No person who has been involved in an attempt to negotiate or settle the grievance may be appointed as chairman of an arbitration board or as sole arbitrator The decision of a majority is the decision of the arbitration board but if there is no majority, the decision of the chairman of the arbitration board, or the decision of the sole arbitrator, governs Notices of desire to arbitrate a dispute and of nomination of an arbitrator shall be served personally or by registered mail. If served by registered mail, the date of mailing shall be deemed to be the date of service If a party fails to answer a grievance at any stage of the grievance procedure, the other party may commence arbitration proceedings and if the party in default refuses or neglects to appoint an arbitrator in accordance with this Article, the party not in default may, upon notice to the party in default, appoint a single arbitrator to hear the grievance and his decision shall be final and binding upon both parties The arbitration board shall have the jurisdiction, power and authority to give relief for default in complying with the time limits set out in the Articles dealing with grievance and arbitration procedures where it appears that the default was due to reliance upon words or conduct of the other party The sole arbitrator (or arbitration board) is to be governed by the following provisions: 16

23 COLLECTIVE AGREEMENT JANUARY DECEMBER a) Shall hear and determine the subject of the grievance and shall issue a decision which is final and binding upon the parties and upon any employee or Employer affected by it; b) Shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations; c) Shall not have the power to alter or amend any of the provisions of this Agreement; d) The parties and the arbitrator shall have access to the Employer's premises to view working conditions or operations which may be relevant to the resolution of a grievance only; e) where the arbitrator is of the opinion that there is proper cause for disciplining an employee but considers the penalty imposed too severe in view of the employee's employment record and the circumstances surrounding the discharge or suspension, the arbitrator may substitute a penalty which is, in its opinion, just and equitable except in case of resident abuse or theft; f) The arbitrator shall have jurisdiction to determine whether a grievance is arbitrable. g) Each of the parties shall pay one-half (Yi) of the remuneration and expenses of the sole arbitrator or chairman of the board. 17

24 ARTICLE 10- PROBATIONARY PERIOD All Regular Employees will be on probation for a period of not more than five hundred (500) hours or six (6) months, whichever accumulates first New Employees who achieve a regular position and are evaluated and deemed unsuitable while on probation may be terminated without just cause or notice, and will have no recourse to the grievance procedure, pursuant to Article On or before the expiry date of the initial probationary period, the Employer may extend the probationary period with agreement from the Union, for a period up to an additional five-hundred (500) hours, exclusive of overtime hours worked. ARTICLE 11- SENIORITY Seniority is the ranking of employees in accordance with their employment starting date Should a Casual Employee be successful in attaining a regular position, the start date of their regular position shall be their seniority date The Employer shall post seniority lists annually. The seniority list shall be updated with each new hire Seniority shall be transferrable to any facility operated by the Employer at which the Union has a Collective Agreement with the Employer. 18

25 COLLECTIVE AGREEMENT JANUARY DECEMBER ARTICLE 12 - JOB POSTINGS Regular full-time and part-time vacancies and/or positions will be posted at both locations for a period of seven (7) calendar days. All postings will indicate the position classification and the shift schedule for the posting. For Lodge Attendant postings, the department (Food Services or Housekeeping) will be identified on the posting In making selections, as a result of a posted vacancy, preferential considerations over outside applicants shall be given to Regular and Casual Employees who possess the required qualifications needed to fill the position. Selections will be based on job knowledge, experience, education, and ability to supervise if applicable. Where these skills are equal, seniority will be the determining factor Within seven (7) days of a position being awarded, applicants for the position and the Union shall be informed of the name of the successful internal applicant Each new employee shall receive: a) at least one (1) paid day of General Orientation, and; b) at least one (1) paid day for Departmental Orientation ARTICLE 13 - TERMINATIONS & RESIGNATIONS Excepting in case of discharge for just cause, regular Employees of the Employer shall be given written notice of intent to terminate according to the following schedule: 19

26 a) at least one (1) week, if employed more than three (3) months but less than two (2) years; or b) at least two (2) weeks, if employed two (2) years or more; or c) at least four (4) weeks prior, if employee was employed four (4) years or more; or d) at least five (5) weeks if employment was for six (6) years or more; or e) at least six (6) weeks if employment was for eight (8) years or more; or f) at least eight (8) weeks if employment was for ten (10) years or more; or g) the wages the employee would have earned for the applicable period of notice; or h) a combination of a portion of the notice of termination required together with the money, which is at least equal to the wages the employee would earn if the regular hours of work for the period of notice applicable had been worked. i) If the wages of the employee vary from one week to another or from one pay period to another, as the case may be, the average of the employees' wages for the three months period that the employee worked immediately preceding the date of termination of employment shall be used in determining the sum to be paid to the employee. 20

27 j) Employees will give written notice to end employment according to the schedule (a) to (f). ARTICLE 14- LAYOFF/RECALL Skill, ability and qualifications being equal, seniority shall be the governing factor in determining lay-offs and recalls from lay-offs. ARTICLE 15 - DISCHARGE AND DISCIPLINE A Regular Employee may be discharged but only for just cause Upon receipt of forty-eight (48) hours' notice to Human Resources, an employee shall have the right to review his/her personnel record in the presence of the Employer representative The Employer shall notify the Union in writing, and supply a copy of letters of reprimand, suspensions and discharges given to any and all bargaining unit employees An Employee who has been subject to disciplinary action may, after two (2) years continuous service from the date the disciplinary measures were invoked, request in writing to Human Resources that her personnel file be cleared of any record of the disciplinary action. Such request will be granted provided that the Employee's file does not contain any further record of any disciplinary action, of which the employee is aware, during the two (2) year period. It is understood that the Employer shall not be able to rely on discipline that took place twenty-four (24) months or more in the past for the purpose of progressive 21

28 COLLECTIVE AGREEMENT JANUARY DECEMBER discipline, provided that the employee's file does not contain any further record of discipline within that period The Employer shall ensure that a Union Steward is available to attend all disciplinary meetings as a witness. Meetings will be scheduled in a manner that ensures and supports Union Steward representation at meetings, but investigations and disciplinary hearings will not be unduly delayed because of Union Steward unavailability In the event that a Union Steward attends a disciplinary meeting outside of her scheduled shift, she shall be paid at her regular hourly rate for a minimum of 30 minutes or the duration of the meeting, whichever is greater. At no time will a meeting invoke overtime rates. ARTICLE 16 - HOURS OF WORK Regular hours of work for full-time employees, excluding meal periods shall be: a) Eight {8) consecutive hours per day, b) Two thousand and eighty-eight {2088) hours per year Regular hours of work shall be deemed to: a) Include, as scheduled by the Employer, two {2) rest periods of fifteen {15) minutes during each full working shift of eight {8) hours; and 22

29 b) Include, as scheduled by the Employer, one unpaid rest period of thirty (30) minutes during each working shift of eight (8) hours; and c) Include, as scheduled by the Employer, one paid rest period of fifteen (15) minutes during each half shift of not less than four (4) hours, and include a meal period of thirty (30) minutes to be scheduled by the Employer during each working day on which the employee works in excess of four (4) hours Scheduling: a) The shift rotation shall be posted at least four (4) weeks in advance and shift schedules shall not be changed without at least two (2) weeks' notice or except by mutual agreement between the employee and the Employer. b) It is expected that an employee returning from Workers' Compensation, Short Term disability or Long Term disability will be accommodated with provision of at least one (1) week notice to a scheduled change, or by mutual agreement between the employee who is covering off and the Employer. c) Except by mutual agreement between the employee and the Employer, shift schedules shall provide for a minimum of one (1) weekend off in each three (3) week period. Weekend shall mean a Saturday and the following Sunday. d) An employee will not be scheduled to work more than seven (7) consecutive days except by mutual agreement between the employee and the Employer. Subsequent scheduled 23

30 consecutive days shall result in the payment of overtime rates for all hours worked. e) Except by mutual agreement in writing, shift schedules shall provide for a break of at least fifteen and one-half (15Yi) hours between shifts. Failure to provide fifteen and one-half (15Yi) hours rest between scheduled shifts shall result in the payment of overtime rates for all hours worked. f) Should an employee be required to attend a meeting or training session during scheduled days off: that employee shall be paid at straight-time for such time in attendance up to a maximum of normal daily full-time hours (8.00 hours). g) On the date fixed by proclamation, in accordance with the Daylight Saving Time Act, of the conversion to Mountain Standard Time, regular hours of work shall be extended to include the resultant additional hour with additional payment due therefore at the applicable overtime rate. On the date fixed by said Act for the resumption of Daylight Saving Time, the resultant reduction shall be effected with the appropriate deduction in regular earnings Unpaid meal periods of thirty (30) minutes are granted for all shifts of five (5) hours or more; except the Midnight Shift which will be granted a thirty (30) minute paid meal break All employees shall be permitted a fifteen (15) minute paid rest period in the first half of the shift and a paid fifteen (15) minute rest period in the second half of a shift scheduled for the regular hours of work. It is mutually agreed that rest periods will not be 24

31 COLLECTIVE AGREEMENT JANUARY DECEMBER abused. It is agreed that except in cases of personal necessity, employees shall not ask for additional time off during the day If an employee is required to remain at their place of work during their meal break they will be compensated for their meal break at their basic rate of pay Shift Exchanges With Employer approval, employees shall be allowed to exchange shifts according to procedures established by the Employer Absence Notification Employees who are unable to attend work must advise the workplace as soon as possible, and provide a follow-up phone call to the Manager on that same day at least three (3) hours before the end of the employee's scheduled shift to discuss the reason for the absence and the anticipated date for return to work. Failure to provide proper notification may result in loss of the employee's shift on the following day. ARTICLE 17 - OVERTIME Overtime is all time authorized by the Employer and worked by an employee in excess of eight (8) hours per day. The Employer shall provide at each site, overtime forms which are to be signed by the designated authorizing person and a copy shall be given to the employee at the time the overtime is worked. The overtime rate of one and one-half (1Yi) times the applicable basic rate of pay shall be paid for all hours worked in excess of eight (8) hours per day. 25

32 17.02 The Employer shall designate an individual at each site who may authorize overtime. The Employer shall not unreasonably deny authorization after the fact for overtime worked where such overtime has arisen as a result of unforeseeable circumstances in which it is impossible to obtain prior authorization The overtime rate of one and one-half (1Yi) times the applicable basic rate of pay shall be paid for all overtime worked immediately following or preceding an employees scheduled shift If the overtime required exceeds four (4) hours, either following or preceding an employee's scheduled shift, the overtime rate will be adjusted to two (2) times the applicable basic rate of pay for the remaining overtime worked Employees who are mandated to work on their scheduled days off will be entitled to overtime rates. Regular rates of pay will reinstate at the beginning of their regular schedule Employees called in on an emergency basis (i.e. fire, flood, major disaster) shall be paid at least three (3) hours pay at overtime rates Where mutually agreed by the Employer and the employee, the employee may receive time off in lieu of overtime. Such time off shall be the equivalent of the actual time worked, adjusted by the applicable overtime rate and taken at a time mutually agreed by the Employer and the employee. In no case shall it be later than thirty (30) days from the date the overtime was worked. 26

33 17.08 If an employee is employed on an ongoing basis in two (2) or more classifications listed in Schedule "A", that employee shall be paid at the pay rate of each classification in accordance with the number of hours worked in each classification. If an employee requests or is offered additional shifts in a lower classification, the pay rate of that lower classification will apply. If an employee is requested by the Employer to work in a higher paid classification, the employee shall receive pay in accordance with higher classification When overtime of more than two (2) hours is to be worked consecutive with the regular hours of work, the employee will be entitled to a fifteen (15) minute paid rest period before commencing overtime When overtime of more than four (4) hours is to be worked consecutive with the regular hours of work, the Employer will provide the employee with a meal Time off in lieu of overtime Instead of a cash payment for overtime worked, an employee may choose to receive time off at the appropriate overtime rate at a time mutually agreed by the Employer and employee. Failing mutual agreement, the employee will be paid for the overtime without time off. Lieu time is to be taken before December 31 of the year it was earned. Should the lieu time not be used by year end, it will be paid out. It is the responsibility of the employee to notify the Employer of their choice to take lieu time in place of a cash payment immediately upon working overtime hours. 27

34 ARTICLE 18- REPORTING PAY Employees reporting to work at their regular scheduled time shall be entitled to at least three (3) hours pay at the employees regular straight time hourly rate if, upon reporting to work, no work is available for any reasons. ARTICLE 19- NAMED HOLIDAYS The following days shall be considered as paid named holidays for all employees: New Year's Day, Family Day, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, and Boxing Day Named holiday pay is paid monthly to all part-time and casual employees in addition to regular earnings and is calculated as five percent (5.0%) of wages, named holiday pay and vacation pay received during the monthly pay period. There is no additional qualification to receive this five (5.0%) stat pay and it is paid to all part-time and casual employees, regardless of the days the employee actually worked or when a Named Holiday actually occurs. This five percent (5.0%) is in lieu of Named Holiday pay Employees may be scheduled to work on Christmas Day of one (1) year or New Year's Day of the next year but not both of these holidays, unless mutually agreed to by the Employer and the employee. If an employee has worked on Christmas Day and/or New Years' Day the previous year, the Employer will make every 28

35 effort not to schedule her for Christmas and/or New Years' Day the following year If an employee is scheduled to work Christmas and/or August Civic Holiday they will get paid double time (2x) their regular straight time hourly rate. ARTICLE 20-VACATION AND VACATION PAY A Vacation planner may be posted by the Employer no later than March pt of each year. Employees should indicate their vacation preference prior to April 15th of that year. The Employer will post a finalized schedule no later than May ist. Employees who have not indicated any preference prior to April 15th will lose their position for selections and will have to apply for vacation at a time that is unscheduled. These selections will be subject to the shift schedule and the demands of the operations. 29

36 20.02 a) Vacation Time entitlement in accordance with years of service as outlined below, and pro-rated to an employee's FTE: )uring Years of Service istyear on Time Employee has not yet earned a paid vacation, but may request unpaid time off at Manager's discretion 2-4 years 2 Weeks 5-8 years 3 Weeks 9-13 years 4 Weeks years 5 Weeks 19+ years 6 Weeks Vacation Pay for Full-time and Part-Time Employees During each year of continuous service in the employ of the employer, an employee shall earn vacation with pay at the basic rate of pay to be taken in the next following vacation year. The rate at which vacation is earned shall be governed by the total length of employment as follows: Full time: During the pt - 3rd year, an employee begins to earn vacation at the rate of 4% (10 days) During the 4th - 7th year, an employee begins to earn vacation at a rate of 6% (15 days) During the 8th - 12th year, an employee begins to earn vacation at a rate of 8% (20 days) 30

37 During the 13th - 17th year, an employee begins to earn vacation at a rate of 10% (25 days) During the 1gth to 24th year, an employee earns vacation at a rate of 12% (30 days) Part time: Part-time employees shall earn vacation with pay calculated in hours in accordance with the following formula: Hours worked as regular employee x Applicable % rate (above) = # of paid vacation hours to be taken b) In celebration of an anniversary milestone, the supplementary vacation days will be granted during the anniversary year only. Full time: Upon reaching the employment anniversary of twenty-five (25) years of continuous service, employees will have earned an additional five (5) days vacation with pay. Upon reaching the employment anniversary of thirty (30) years of continuous service, employees will have earned an additional five (5) days vacation with pay. Upon reaching the employment anniversary of thirty-five (35) years of continuous service, employees will have earned an additional five (5) days vacation with pay. Upon reaching the employment anniversary of forty (40) years of continuous service, employees will have earned an additional five (5) days vacation with pay. 31

38 COLLECTIVE AGREEMENT JANUARY DECEMBER Part time: Upon reaching the employment anniversary of twenty-five (25) years of continuous service, employees will have earned additional paid vacation hours, in accordance with the following formula: Employer paid hours at the basic rate of pay x 2% =#of hours of paid supplementary vacation Regular Employees may carry vacation forward to the next year; however this carry forward must be approved prior to December 3pt of the current year, for usage no later than March 3pt of the carry forward period Vacation earned will be banked for Full-time Employees. Parttime Employees may exercise the option of (i) banking vacation or (ii) having vacation paid out on each pay. If Part-time Employees wish to change the vacation payment option, payroll must be advised before December 1st. Vacation pay for Casual and Temporary Employees will be paid out on each cheque Employees requesting vacation will be informed of management's decision within two (2) weeks of the manager receiving the request All unused vacation will be paid out on December 31st. Employees may request in writing and have Manager approval to carry over 40 hours of banked vacation to the following year. This vacation carry-over must be scheduled and taken before March 31st. If it is not taken by March 3l5t, the vacation time will be paid out. 32

39 ARTICLE 21- EMPLOYEE BENEFITS All regular employees who have completed the probationary period are entitled to be participants of a group benefit plan. The Employer will pay ninety percent (90%) of the monthly premium costs towards the Benefit Plan. Lacombe Foundation Employee Benefits Coverage Plan Payment Schedule Extended Health Insurance Premiums Employer/Employee - 90%/10% Employee Assistance Plan Premiums Employer/Employee - 90%/10% Group Life Insurance Premiums Employer/Employee - 90%/10% Dental Insurance Employer/Employee - 90%/10% Vision Insurance Employer/Employee - 90%/10% Match Employee Contributions Group RSP Contributions (maximum 4% of Employee's Gross Wages) to Group RSP Long-Term Disability Insurance Premiums Employer/Employee - 90%/10% All regular employees who are participants in any of the current Employer group benefit plans are required to contribute two percent (2%) of gross pay to a Group RSP Employees may volunteer to contribute additional amounts to their RSP. The Employer will match the employee contribution to a maximum of four percent (4%) of the employee's gross monthly pay. 33

40 COLLECTIVE AGREEMENT JANUARY DECEMBER Employees are not allowed to withdraw any portion of the Employer contribution while they are employed by Lacombe Foundation. (If an active employee does withdraw Employer contribution funds from their RSP, the employee will immediately forfeit any further matching funds from the Employer.) An employee normally eligible for insurance coverage and on a leave of absence will continue under the insurance plans by paying their portion of the monthly premium cost to the Employer each month they are on leave of absence to a maximum of two (2) months. The Employer will continue to pay the company share of all health and welfare benefits for an employee on a leave of absence to a maximum of two (2) months. After, two (2) months the employee will be responsible for paying the entire amount of the benefit premiums. ARTICLE 22- PARKING The Employer shall provide sufficient parking stalls and plug-ins for use by employees. ARTICLE 23 - SICK LEAVE All Regular Employees are entitled to accrue sick leave credits at one (1) day per month prorated to their FTE, to a maximum of one-hundred and sixty (160) hours or twenty (20) working days. 34

41 23.02 Sixteen (16) hours of sick leave credits are available annually for staff under the following conditions: a) Having to stay home when a child or dependent is ill; b) Attending a Specialist appointment; c) An unforeseen emergency Sick leave credits shall not accrue after thirty (30) days in the case of (a) illness, (b) injury, (c) layoff, (d) leave of absence, and (e) while in receipt of weekly indemnity as provided by a long-term disability insurance plan An Employee granted sick leave shall be paid for the period of such leave at the Employee 1 s regular rate of pay and the number of days thus paid shall be deducted from credits accumulated at the time sick leave commenced Employees may be required to submit proof satisfactory to the Employer of any illness related absence. Sick Notes Should any sick time last longer than three (3) days) employees may be required to obtain a sick note prior to their return to work. The Employer may request a doctor 1 s note from the first (l5t) day of illness if the employee 1 s sick time is higher than the facilities average When an employee has earned the maximum sick leave credit; that employee shall no longer accrue sick leave credits until such time as the total accumulation is reduced below the maximum. 35

42 ARTICLE 24- PAID LEAVES BEREAVEMENT LEAVE - In the event of death of a father, mother, legal guardian, spouse, child, sister, sister-in-law, brother, brother-in-law, father/mother-in-law, grandparents of an employee, bereavement leave with regular pay may be provided as follows (bereavement leave requests will not be unreasonably denied): a) up to three (3) consecutive days for bereavement and to attend a funeral within the Province of Alberta; and b) up to five (5) consecutive days for bereavement and to attend a funeral outside the Province of Alberta; and FUNERAL LEAVE: in the event of a death of another relative or close friend the Employer may grant up to eight (8) hours with pay to attend the funeral service BIRTH/ADOPTION LEAVE: Employees will receive one (1) day of pay at their regular hourly rate to attend the birth or adoption of their child. ARTICLE 25- UNPAID LEAVES PERSONAL LEAVE OF ABSENCE - Leave of Absence from work for personal reasons for a definite period of time must be authorized in writing and approved in advance by the Employer. Requests for leave shall be submitted at least one (1) month prior when possible (except in emergency situations). 36

43 25.02 UNION TRAINING - Leave of absence for the purpose of attending Union training, conventions or conferences shall be granted by the Employer on a written request from the local Union subject to the following conditions. Employees chosen by the Union shall be granted leave of absence not to exceed five (5) days, providing that the absence of such employees shall not unreasonably affect the operations of the Employer. Whenever possible the Union shall give the Employer written notice of not less than five (5) days before the requesting leave is to commence. Any request for an extension of a leave of absence must be made prior to the expiration of the leave already granted and will be considered in relation to existing conditions MATERNITY / PARENTAL LEAVE - as per the Employment Insurance Legislation Act Accrued banks, exclusive of sick leave credits, will be depleted prior to an employee commencing an unpaid Leave of Absence. ARTICLE 26- HEALTH AND SAFETY The Employer and the Union agree that safety in the work place and the protection of all employees are of primary importance. Safety is a shared responsibility and the input of all employees to improve safety practices and conditions is expected. Safety programs and efforts will be co-ordinated through the involvement of people from all levels of the organization. 37

44 26.02 The Employer and the Union will establish a Workplace Health & Safety committee to ensure and promote safety at the work place. ARTICLE 27 - SALARIES Salary recognition shall be granted for previous experience satisfactory to the Employer when an employee has job experience, and will be recognized: a) provided not more than three (3) years have elapsed since the experience was obtained. b) up to the top increment of the Classification in the salary schedule Employees must complete the equivalent of full time hours (2088 hours) in the same classification to advance to the next step in the salary grid If an Employee is transferred to a higher rated classification, the Employee shall receive in the new classification the next rate above the Employee's present rate and shall progress within the scale for such higher rated classification according to the length of service within such higher rated classification subsequent to the date of transfer 38

45 ARTICLE 28 - SHOE ALLOWANCE The Employer agrees to provide each Regular Employee (after completion of the Probationary Period as outlined in Article 10) a Shoe Allowance, according to the schedule below, each calendar year. Employees must submit the receipt for the purchase of shoes to receive the allowance. Non-Maintenance Employees Maintenance Employees $50.00 (per 1 year) $ (per 2 years) Footwear for Maintenance employees must meet the standards laid out by Alberta Occupational Health and Safety. ARTICE 29 - ON CALL/CALL BACKS On-Call a) When an employee is designated to be immediately available to return to work during a period in which he is not on regular duty, he shall be paid the amount of thirty-five dollars ($35.00) per day. b) For the purpose of this Article, "immediately available" shall be defined as the employee's ability to respond while on-call within the guidelines outlined by the Employer. c) When an employee, "while on-call duty," is unable to report to work when required, no compensation shall be granted for that day Callback 39

46 a) When a Full-time employee is called out to work outside of scheduled working hours, he shall be paid for all timed worked at overtime rates or a minimum of two (2) hours at overtime rates whichever is greater. An employee must be designated to be on-call in order to qualify for callback pay. b) Any subsequent call prior to the employee leaving the workplace shall be considered one (1) call for the purpose of determining minimum call-out pay When a call-out forms a continuous period with the employee's normal working hours, overtime rates shall apply only to those hours worked before the commencement of the regularly scheduled shift and the normal working hours shall not be reduced as a result of such call-out except by mutual consent. 40

47 COLLECTIVE AGREEMENT JANUARY DECEMBER ARTICLE 30- DURATION This Agreement shall continue in full force and effect from the first (1st) day of January, two thousand and Eighteen (2018) up to and including the thirty-first (31st) day of December, two thousand and Nineteen (2019) All terms and conditions outlined herein shall remain in full force and effect while negotiations for a new agreement are taking place. DATED at Lacombe, Alberta, this ~o ~'-day of /t..rc.. l, Signed on behalf of Signed on behalf of RETAIL, HEALTH CARE AND SERVICE EMPLOYEES UNION, CLAC LOCAL 301 Authorized Representative Authorized Representative Authorized Representative Authorized Representative 41