COLLECTIVE between Period: September 1, May 31, 2019

Transcription

1 COLLECTIVE between Period: September 1, May 31, 2019

2 Table of Contents Section 1 - Purpose... 1 Section 2 - Recognition... 2 Section 3 - Management Rights... 2 Section 4 - Non-Discrimination... 3 Section 5 - Union Representation... 3 Section 6 - No Strikes No Lockouts... 7 Section 7 - Grievance Procedure... 8 Section 8 - Arbitration Section 9 - Probation Period Section 10 - Seniority Section 11 - Scheduling Section 12 - Job Posting And Training Opportunities Section 13 - Hours Of Work Section 14 - Overtime Section 15 - Rest And Meal Periods Section 16 - Premium Pay Section 17 - Wages Hourly Rates Section 18 - Staff Meetings Section 19 - Vacation/Vacation Pay Section 20 - Statutory Holidays Section 21 - Bereavement Leave Section 22 - Maternity Leave Section 23 - Parental Leave Section 24 - Compassionate Care Leave Section 25 - Personal Leave Of Absence Section 26 - Education Leave Section 27 - Jury Duty Section 28 - Wearing Apparel Section 29 - Physical Examinations Section 30 - Benefits Section 31 - Job Descriptions Section 32 - Retirement Pension Plan Section 33 - Education And Training Fund Section 34 - Joint Labour Management Committees... 62

3 Section 35 - Term Of Agreement Schedule A - Provincial Wage Schedule Schedule B - Calgary Wage Schedule Schedule C - Fort McMurray Wage Schedule Schedule D - Grande Prairie and Canmore Wage Schedule Schedule E - Off Scale Increases Letter Of Understanding #1 - Cross Department Work Letter Of Understanding #2 - Self Paid Part Time Benefits Letter Of Understanding # 3 - Allocation Crews Letter Of Understanding #4 - Incentive Plan Letter Of Understanding #5 - Seasonal Sales Letter Of Understanding #6 - Transfers Letter Of Understanding #7 - First Aid Certificates Letter Of Understanding #8 - Economic Conditions Letter Of Understanding #9 - Department Closures Letter Of Understanding #10 - Viability Letter Of Understanding #11 - Leadership Assessment Letter Of Understanding #12 - Fort McMurray Premium... 76

4 C O L L E C T I V E A G R E E M E N T BETWEEN: OVERWAITEA FOOD GROUP LP, -and- (hereinafter referred to as the Employer ) HEALTH CARE AND SERVICE EMPLOYEES UNION (CLAC), LOCAL NO.301 (hereinafter referred to as the Union ) Period: September 1, May 31, 2019 Section 1 - Purpose 1.01 It is the intent and purpose of the parties to this Agreement, which has been negotiated and entered into in good faith: (a) (b) (c) (d) (e) to recognize mutually the respective rights, responsibilities, and functions of the parties hereto; to provide and maintain working conditions, hours of work, wage rates, and benefits set forth herein; to establish an equitable system for the layoff and recall of employees; to establish a just and prompt procedure for the disposition of grievances; and generally, through the full and fair administration of all terms and provisions contained herein, to develop and achieve a relationship among the Union, the Employer and the employees which will be conducive to their mutual well-being.

5 2 Section 2 - Recognition 2.01 The Employer recognizes the Union as the sole agent for the purposes of collective bargaining for all employees employed in the retail operations of Save-On-Foods in the Province of Alberta, save and except Store Managers, Managers, Pharmacists, and Dietician Consultant and any person above the rank of Senior Specialist Neither the Employer nor the Union will compel employees to join the Union. The Employer will inform all new employees of the contractual relationship between the Employer and the Union at the time of the employee s hire. If the Employer introduces a new department or classification, it will advise the Union in writing and provide details of classifications and wage rates. If there is a dispute about the classifications the Union will notify the Employer, in writing, within thirty (30) days. If necessary, the matter will be resolved through the processes in Section 7 and Section 8 below. Section 3 - Management Rights 3.01 The management of the store and the direction of the working force are the sole rights of the Employer, including the right to: (a) (b) (c) (d) (e) plan, organize, direct, and control operations; schedule and assign work to employees; determine the means, method, processes, and schedules of operation; contract work where necessary; establish production standards;

6 (f) (g) (h) (i) (j) (k) maintain the efficiency of employees; 3 establish and require employees to observe the Employer s rules and regulations; hire, layoff, transfer, or dismiss employees; discontinue jobs; maintain order and suspend, promote, discipline, and discharge employees; decide employee qualifications The foregoing enumeration of management s functions will not be deemed to exclude other functions not specifically set forth in this section. The Employer will therefore retain all management rights not specifically covered. Section 4 - Non-Discrimination 4.01 The Employer or the Union will not discriminate against any employee under the grounds listed in the Human Rights, Citizenship and Multiculturalism Act and Regulations, as amended from time to time The Employer or the Union will not discriminate in any manner against any employee because of membership or nonmembership in the Union. Section 5 - Union Representation 5.01 Except as permitted by this Collective Agreement, there will be no Union activities on Employer time or premises of the Employer without the prior permission of the store

7 5.02 management. 4 For the purpose of representation with the Employer, the Union will function and be recognized as follows: (a) The Union has the right to appoint or elect four (4) stewards per store. The number of stewards in a store can increase to a maximum of six (6) with the approval of the Provincial Labour Management Committee (PLM). (b) (c) Stewards are representative of the employees in certain matters pertaining to this Agreement, including the processing of grievances up to the filing of a 2nd step grievance. CLAC Representatives are representatives of the employees in all matters pertaining to this Agreement particularly for the purpose of processing grievances, negotiating amendments or renewals of this Agreement, and enforcing the employees collective bargaining rights under this Agreement. Upon proper notification of store management, the designated CLAC Representatives will have access to the employees of the store during normal business hours for the purpose of observing working conditions and interviewing employees. Such interviews will take place in a location designated by store management, should not take longer than five (5) minutes, and will not interfere with the efficient operation of the store Stewards will not absent themselves from their work to deal with grievances or meet with new employees without first obtaining permission of store management. Permission will

8 not be unreasonably withheld but wherever possible such meetings will take place during rest and meal periods so as not to interfere with the efficient operation of the store. The Employer is authorized to, and will, deduct administrative dues from the first paycheck of each new employee; and union dues from each employee s weekly pay, effective from the start of employment. Such deductions will be a condition of employment and will be an amount set by the CLAC National Convention. The total amount deducted will be mailed to the Union s provincial office each month within two (2) weeks after month s end together with an itemized list of the employees for whom the deductions are made, the amount deducted, and the employees social insurance numbers. Interpretation : All team members are represented by CLAC and form a group that is known as the Bargaining Unit. Everyone in the bargaining unit has a responsibility to cover the costs of union coverage. Section 5.04 talks of two deductions that Save On Foods must deduct from each employee. They are: 1. Administrative Dues will be deducted from the first paycheck of each new team member. These dues cover the specific costs involved in setting up and administering membership information. The amount as of January 1, 2009 is set at $ Team members who quit and are rehired will have this amount deducted again. 2. Union Dues will be deducted from every team member s paycheck, and are based upon the number of hours a team member works in a given week. While the amounts may change from time to time, the current amounts are as follows: Full Time - $10.00 Continuted on next page

9 6 32 hours or more in a week but not full time - $ hours but less than 32 hours - $ hours but less than 20 - $6.00 Less than 12 hours - $4.00 Team members will be given advanced notice of any change to the amounts listed above. Both these types of dues are tax deductible and the total amounts deducted in a year will be listed on every Team Member s T-4 slip Employees who because of conscientious objection cannot support the Union may make written request to the Union to have their dues redirected to a charitable organization. The Union will treat such requests in accordance with its stated policy. Upon successful completion of the process, the Union will redirect the employee s dues to a Registered Canadian Charitable Organization that is mutually agreeable to the employee and the Union The Employer will provide the Union with all necessary information regarding insurance and benefit plans, job classification changes, and terminations. The name, address, date of hire, social insurance number, and classification of new employees will be provided to the Union each month. A list of employees, ranked according to seniority and classification and showing the employees rates of pay will be forwarded to the Union in January, April, July, and October of each year. A bulletin board will be supplied by the Union, to be located in an area in the store that is visible and accessible to all employees When the behavior of an employee, probationary or otherwise,

10 7 requires corrective action, such corrective action shall be presented to the employee in writing and in the presence of a Union Steward. Interpretation : All team members are entitled to union representation, including probationary team members. All corrective action or meetings that could lead to corrective action require the presence of a shop steward. When a Steward is called in outside of regular scheduled hours to perform this duty they shall be paid for 1 hour minimum, at regular rate of pay. This does not include premiums or OT. Should a meeting be required whereby the attendance of a shop steward is necessary but one is not available due lack of shop stewards or scheduling conflicts, consult with the Labour Relations Specialist and/or Union Representative to find a suitable replacement that both the Employer and the Union are comfortable with. Section 6 - No Strikes No Lockouts 6.01 During the term of this Agreement, or while negotiations for a further agreement are being held, the Union will not permit or encourage any strike, slowdown, or any stoppage of work or otherwise restrict or interfere with the Employer s operation through its members. The Union further agrees that an employee or employees that participate in or encourage any such action will be subjected to discipline or discharge. The term slow-down will mean willful restriction or reduction of production by an employee which is within such employee s reasonable control During the term of this Agreement, or while negotiations for a further agreement are being held, the Employer will not engage

11 in any lockout of its employees or deliberately send employees home when this is not warranted by the workload. It is the intention of the parties that during the life of this Agreement all disputes as to the meaning and application of this Agreement will be handled in accordance with the provisions of the Grievance Procedure of this Agreement. Section 7 - Grievance Procedure 7.01 In the event that a difference arises between the Employer and the Union or the Employer and one or more employees regarding the interpretation, application, or alleged violation of this Agreement, such difference will be settled without stoppage of work or lockout by way of one of the following procedures of settlement as applicable: By The Employee(s): The employee or employees concerned, with or without a Steward in attendance, may first seek to settle the difference in discussion with the Department Manager and if the employee is not satisfied with the result, then the employee may discuss the matter with the Store Manager. Step 1 If the difference is not resolved satisfactorily by discussion between the employee and the Department Manager, it then becomes a grievance. The grievance will be reduced to writing, setting forth: (a) (b) the nature of the grievance and the circumstances out of which it arose; the remedy or correction required;

12 (c) 9 the Section(s) of the Agreement infringed upon or claimed to have been violated. The written grievance will be submitted in this form to the Store Manager or designate within five (5) days of the act causing the grievance. The Store Manager or designate will give his or her written decision on the grievance form within five (5) days of receipt of the grievance and will provide the grievor and the Steward with a copy of the decision. Step 2 In the event that the reply in Step 1 is unsatisfactory to the grievor, the grievance may be submitted to the Human Resources Manager, providing this is done within five (5) days of receiving the decision from the Store Manager or designate. The Human Resources Manager will give a written reply to the grievor and the Union office within five (5) days of receiving the grievance at this step. A meeting between the grievor, a Union representative, the Human Resources Manager, and the Store Manager or Regional Manager will take place within five (5) days, if requested by the Union, to review the Human Resources Manger s written reply. Step 3 In the event that a reply at step 2 is unsatisfactory to the grievor, the Union may submit the grievance to arbitration within seven (7) days of receipt of the Employer s decision. A notice of submission to arbitration must be given in writing. By The Employer Or Union: In the event that either the Employer or the Union on their own behalf wish to process a grievance, such grievance will be submitted by one party to the other, in writing, as set out

13 above and will 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 the decision being rendered. The time limits expressed in the foregoing will be exclusive of Saturdays, Sundays, 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 will be deemed to be abandoned. Where the recipient of the grievance fails to respond within the time limits prescribed, the grievance will advance to the next step. Section 8 - Arbitration 8.01 If notice of desire to arbitrate is served, the two parties will meet in an attempt to obtain agreement to refer the matter to an agreed upon single arbitrator within seven (7) calendar days of receipt of notification. The arbitrator will meet within twenty-one (21) calendar days of the appointment and hear such evidence as the parties may desire to present to assure a full, fair hearing and will render a decision in writing to the parties within fourteen (14) days after completion of the hearing.

14 8.02 If the parties fail to agree on an agreed single arbitrator within seven (7) calendar days as required above, then either party may request the Minister of Labour to appoint an impartial arbitrator The decision of the single arbitrator will be final and binding on the two parties to the dispute and will be applied forthwith. The Union and the Employer may mutually agree to appoint a three person arbitration board as an alternative to the above. The procedure for this is outlined in subsections 8.05 to Within seven (7) calendar days of receipt of notification by the one party, the other party will nominate its choice of nominee by notice in writing. The two nominees so nominated will meet forthwith and if within seven (7) days of their first meeting they have failed to settle the grievance, they will attempt to select, by agreement, the chairperson for the arbitration board. If they are unable to agree upon the choice of such chairperson within a further period of twenty-four (24) hours, they will then request the Director of Mediation Services for the Province of Alberta to appoint a chairperson. After the arbitration board has been formed by the above procedure, it will meet within twenty-one (21) calendar days of the appointment of the chairperson and hear such evidence as the parties may desire to present to assure a full, fair hearing and will render its decision in writing to the parties within fourteen (14) days after completion of the hearing. The chairperson will have the authority to render the decision with the concurrence of either of the other members and a decision thus rendered will be final and binding.

15 8.08 The arbitration board or single arbitrator, by its decision, will not alter, amend, or change the terms of this Agreement Each of the parties to this Agreement will bear the expenses of its nominee to the arbitration board and the fees and expenses of the chairperson or single arbitrator will be borne equally by the two parties to the dispute. The Union or the Employer may propose an Expedited Mediation-Arbitration Procedure within sixty (60) days after the grievance has been filed as per Section Within seven (7) days of the request for expedited mediation-arbitration, either party must respond as to their decision to proceed to expedited mediation/arbitration or arbitration under The expedited mediation/arbitration procedure shall be held within ninety (90) days of the decision to proceed to expedited mediation/arbitration. The final and binding decision will be presented within thirty (30) days of the completion of the expedited mediation/ arbitration. The Provincial Labour Management Committee shall develop and maintain a list of Mediators and Arbitrators that are agreeable to both parties. Section 9 - Probation Period 9.01 New employees will be on probation for a period of five hundred (500) hours of work or for six (6) months, whichever occurs first. During this probation period employees may be discharged by the Employer without recourse to the Grievance Procedure or Arbitration sections of this Agreement.

16 9.02 Employees will have seniority status after successful completion of the probation period. Seniority will be calculated from the day the employee commenced employment. Interpretation - Section 9: The Probation Period is intended to give management the opportunity to assess a new team member s abilities to perform the work assigned. In most cases, 500 hours to a maximum of 6 months is more than enough time to make that assessment. In some circumstances, a team member s probationary period may be extended upon mutual agreement between the CLAC Representative and the store manager. The request can be made by the store manager and must be in writing detailing the proposed length of the extension and the reason for the request. The written request must be made prior to the end of the probationary period. Some common reasons for such requests for extension include extended illness, limited hours, or the team member has been on an approved leave. Section 10 - Seniority Seniority for all employees will be based on the number of hours accumulated with the Employer in the Province of Alberta. Exceptions can be made but only by mutual agreement between the Employer and the Union When employees are assigned work outside of their home store, full seniority will be credited for all hours worked provided all qualified employees at the same store with equal or more seniority are given the same opportunity. Should that opportunity not be offered to more senior qualified employees, then the employee working outside their home store will only receive seniority credits equal to the number of

17 hours the employee would have been scheduled in the home store. Hours accumulated for seniority purposes will include: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) hours worked; hours paid; paid and unpaid vacation time off; Workers Compensation time off; Short Term Disability time off; Long Term Disability time off (up to eighteen (18) months); Maternity Leave time off (up to fifteen (15) weeks); Parental Leave time off (up to thirty seven (37) weeks); Compassionate Care Leave time off (up to twenty six 26 weeks); Up to four (4) hours per month for Union Stewards for Joint Labour Management Committee involvement Part time employees who are not eligible for disability benefits from the Employer for their time off due to sickness or disability may make application for the equivalent lost seniority hours, if compensated from another source; (ie: an employee earning $11.00 per hour who is receiving $ per week from EI would be eligible to be credited for 10 hours of seniority for each week they receive EI benefits). The employee is required to provide the People Specialist (or designate) with documentation providing receipt of other income; (ie: copies of EI cheque stubs).

18 15 Determination of accumulated hours for points (d), (e), (f), (g), (h), and (i) above will be based on the employee s average hours worked during the previous thirteen (13) weeks in which the employee actually worked. Employees promoted out of the bargaining unit will retain their seniority for a period of twenty-four (24) months, provided they remain employed with the employer. In the event that an employee in an excluded management position decides to step down or is demoted, the Employer and the Union, through the Provincial Labour Management Committee, will meet to determine their placement back into the bargaining unit that has the least impact on other employees. Interpretation : Team Members must be permanently promoted out of the bargaining unit before the 24 month seniority countdown begins. This time period is not in effect if a Team Member is temporarily promoted out of the bargaining unit, however seniority will not accrue for the time period the individual is out of the bargaining unit. If an excluded manager is returned to the Bargaining Unit beyond the 24 month period, their seniority will be reset to zero (a) (b) When a part time employee works or is paid the equivalency of full time hours for an extended period of time, such incidents will be referred to the store s Joint Labour Management Committee to determine whether a permanent full time position is warranted. Agreed upon full time positions shall be posted in

19 16 (c) (d) (e) the appropriate Department and Classification. Such position will be considered as above structure. When the individual holding the above structured position as described in (b) above vacates the position and it is determined that the position will be reposted, the position will be added permanently to the store structure. Full time positions will not be unreasonably withheld. For the purposes of this provision only, the reference to paid in the above paragraph is defined as: Paid Funeral Leave Paid Jury Duty Statutory Holiday Pay Interpretation : The Union will ensure that the Store s regional manager and the People Specialist are aware that the Union will be raising an incident that might lead to an over-structure full-time position. When a team member who holds a above-structure position vacates the position, the JLM will review the position to determine whether a permanent full-time position will be added to structure. If it is determined to add the position to structure, the vacancy will be posted. When calculating paid hours for this article, Paid Funeral Leave, Jury Duty and Statutory Holiday are included along with regular work hours.

20 10.06 Where there is a reduction of hours necessitating the layoff of employees, such layoff will be by seniority within the classification, and ability to perform the work in each store. Employees will be recalled by seniority in the same manner An employee will lose seniority if the employee: (a) (b) (c) (d) (e) (f) (g) resigns or retires; 17 is discharged for cause (unless the discharge is overruled in the Grievance Procedure); is absent without permission in excess of two (2) days without notice for reasons not satisfactory to the Employer; fails to report to work after seven (7) days when recalled from layoff. An employee has to be recalled by registered mail at the last known address on file with the Employer; is laid off for a continuous period of one (1) year and has less than one (1) year of seniority; is laid off for a continuous period of two (2) years and has one (1) year of seniority or more. is not on an approved leave and has not worked any hours in any three (3) quarters (quarters are defined as January to March, April to June, July to September, and October to December) The Employer will give an employee two (2) weeks written notice of layoff delivered by hand or sent by registered mail to the employee s last address on file.

21 18 Interpretation - Inactive Team Members: The parties have agreed to the following procedure to deal with Inactive employees: 1. Employees not on an approved leave that have not worked any hours in the last three (3) months but have been in contact with the Employer will be scheduled at least one shift per month if there are hours available by seniority. 2. Employees not on an approved leave that have not worked any hours in the last three (3) months who have not been in contact with the Employer will be sent a registered letter to their last known address stating that they are required to contact the Employer so that they can be scheduled as stated in Point 1 above. 3. If there is no response within 15 days from the date of the letter in Point 2 above, a second registered letter will be sent to the employee s last known address stating that they are required to contact the Employer regarding their employment status and if they fail to do so, their employment will be terminated. If they respond, they will be scheduled as stated in Point 1 above. 4. If there is no response within 7 days from the date of the letter in Point 3 above, the employee will be deemed to have abandoned their employment and the Employer will terminate their employment. A termination letter will be sent via registered mail to the employee s last known address. 5. This process will be reviewed at the end of every quarter (January 1st, April 1st, July 1st, and October 1st) of each year and Points 1, 2, 3, and 4 above will be repeated. 6. If an employee has not worked in three (3) quarters during their employment relationship, the employee s employment will be terminated, subject to the grievance procedure.

22 Section 11 - Scheduling Part-time employees who have completed probation are permitted to limit their availability to work certain days of the week or hours of the days. Scheduling of hours for all employees in a department will be done by seniority based upon their availability within each classification. 19 Interpretation : There has been a recognized practice at Save On Foods Alberta for part-time team members to limit their availability (restrictions) from time to time. The following principles are intended to provide a balance between a team member s requests and the company s needs to manage the business. When a team member is hired they will be given an opportunity to limit their availability. Decreasing of availability will not normally be allowed while a team member is on probation. All restriction changes must be communicated one (1) week in advance of the schedule being posted (ie. Four (4) weeks before the restriction becomes effective). Team Members who are not on probation may change their restrictions three (3) times per calendar year. There must be sixty (60) calendar days between restriction changes unless it is to become fully available (Students increasing their availability for regular educational breaks within the school year will not be considered as a restriction change.) The total potential hours which will be available to Team Members with restrictions may be limited to the guidelines as outlined below. Continuted on next page

23 20 Category #1 = AVAILABLE 5 DAYS OR MORE A WEEK. (7 days a week X open availability = 105 when open until 11 PM.) 8-25 Hours = 0-16 hours per week Hours = 0-22 hours per week Hours =0-26 hours per week Hours = hours per week Category #2 = AVAILABLE 4 DAYS OR LESS A WEEK. (4 days a week X open availability = 60 hours when open till 11 PM) 8-15 Hours = 0-4 hours per week Hours = 0-8 hours per week Hours = 0-12 hours per week Hours = 0-16 hours per week Each store s Joint Labour Management Committee may establish scheduling guidelines different from those above. These guidelines will be based upon the understanding that team members who restrict themselves will likely have the total number of hours their seniority could have provided them reduced due to their restrictions. Scheduling guidelines will be posted in the store. Until the JLM makes a decision on their scheduling guidelines, the existing template will remain in effect. The JLM may change their guidelines as needed, but must review it at least once per calendar year. When completed, the scheduling guidelines will be shared with the Provincial Labour Management Committee for reference purposes All schedules will be written to ensure that the current week s schedule and schedules for two (2) weeks in advance are posted. An employee s schedule may be changed without notice in the event of emergencies such as fire, flood, or other force majeure.

24 21 In all other cases, schedules may be adjusted by verbal notification to the employee up to twenty-four (24) hours to the start of the employee s scheduled shift. Changes within the twenty-four (24) hour period require mutual agreement between the employee and the Employer. Interpretation : There will always be 3 schedules posted for every department at any given time. Force majeure includes most naturally occurring disasters that have an impact on business such as fire, flood, tornado, etc. It does not normally include late trucks or equipment breakdown unless caused by an unforeseen natural event. If you are unsure if a particular event falls under force majeure, contact your Labour Relations Specialist or your Union Representative. Once a schedule has been posted, it may only be changed upon verbal notification to the team member and does not necessarily require mutual agreement. Allow for justifiable reasons to decline a suggested change. Verbal notification does not include leaving a voic message or a message with someone else. Any changes within the 24 hour period prior to the scheduled shift require mutual agreement between the Employer and the team member. Changes made to a team member s schedule prior to the 24 hours period include changes to scheduled days off, by reverse seniority starting with most junior team member Employees will be scheduled for a minimum of four (4) hours per shift. Secondary school students on school days may be scheduled for a minimum of three (3) hours per shift Employees will have a minimum of ten (10) hours between shifts.

25 22 An employee whom the Employer requires to work with less than a ten (10) hour interval since completion of the previous shift will be paid at the rate of time and one half (1½x) their regular hourly wage rate for all hours worked prior to the expiry of the ten (10) hour interval. This is not applicable when an employee requests in writing, and the Employer agrees to, an interval of less than ten (10) hours between shifts. Interpretation : If a team member is scheduled with less than 10 hours between shifts, they will be entitled to time and a half until the expiry of the 10 hour interval. If a team member makes a scheduling request that would require less than 10 hours between shifts to accommodate, the request may not be accommodated until the team member completes an overtime Waiver form which can only be received from a shop steward No employee will normally be required to work more than seven (7) consecutive days unless requested in writing by the employee and approved by the Department Manager. If an employee is required by the Employer to work more than seven (7) consecutive days, the employee will be paid the rate of time and one half (11/2x) their regular hourly wage rate for that entire shift(s). Interpretation : If a team member is scheduled for more than 7 days in a row, the team member will receive time and a half for all shifts beyond the 7th day.

26 Section 12 - Job Posting And Training Opportunities Job Postings: The Employer agrees to post all job vacancies in the store where the vacancy occurs in order to give employees the opportunity to move to a new department and/or classification. 23 Senior Specialist vacancies will be posted province-wide in all stores. A posting will indicate the job description, full time or part time status, the wage rate range, permanent or temporary status and the training courses or minimum experience required. A posting will be for a period of seven (7) calendar days. This does not prevent the Employer from designating a temporary replacement while the posting is up. All vacancies will be posted within seven (7) days of the Employer being aware that a vacancy will occur, unless there is agreement between the Employer and the Union to delay the posting. When a Customer Service Specialist position is vacated the Employer may first transfer employees on mutual agreement in the Customer Service Specialist classification between departments within a store. The agreement of the employee will not be unreasonably withheld where the Employer has provided valid justification for the transfer. Once all the transfers have taken place the position will then be posted in the last vacated position. When a Senior Specialist position is vacated the Employer may first transfer employees in the Senior Specialist classification

27 24 between stores within a region or departments within a store. Once all the transfers have taken place the position will then be posted in the last vacated position. Interpretation : All job vacancies will be posted in store and permanent Senior Specialist postings will be posted provincially. Team members are eligible to apply and postings will be awarded subject to the eligibility language in of the Collective Agreement. Customer Service Specialists may be moved across departments so long as the Employer has a justifiable business reason. The team member may not unreasonably withhold agreement. When management is contemplating transferring a CSS to another department, they will advise the Union Stewards in the store prior to approaching the team member. The Union does not have to consent prior to management discussing the transfer with the team member. CSS Second Posting If a CSS posting is not filled after the first posting, the second posting will be posted province wide. If a team member is awarded a province wide posting in any classification and is required to move residencies, costs associated with the move will be the responsibility of the team member. Senior Specialists The Senior Specialist classification is a crucial position at Save On Foods as these team members provide leadership and product and process knowledge to other team members. Ensuring that the best possible team is maintained, it is recognized and agreed that: The employer may transfer Senior Specialists between stores in the geographic areas that the team member works in; Senior Specialists may not apply for a Senior Specialist vacancies; Senior Specialists who wish to be transferred between stores or departments may put a transfer request in to their store manager and regional manager; Continuted on next page

28 25 If a Senior Specialist is not transferred when a vacancy occurs, the team member s store manager will follow up with them to review the reasons why the transfer was not made; Senior Specialists may apply for CSS vacancies or DS vacancies as the case may be. Senior Specialists may be moved across departments or within a region at management s discretion. Regions are defined in Letter of Understanding # Applying For A Job Posting: Employees who wish to move into another job classification may make application and will be considered on the basis of their seniority and qualifications. Letters of Intent: Employees who wish to move into another store will inform their Store Manager in writing by way of a Letter of Intent. Letters of Intent will be valid for a period of six (6) months. A letter of intent must have been submitted prior to a job posting in order for Employees to be considered an eligible candidate. Employees who are on an approved leave or vacation may put in a Letter of Intent. The Letter of Intent will be valid for the dates of the approved leave so that employees will not be overlooked for posting opportunities. Employees who hold a permanent Senior Specialist position at the time that a Senior Specialist job vacancy is posted are not included in the provisions of this section. The Employer agrees to consider requests by Senior Specialists for transfers via a written Request for Transfer. A Senior Specialist is permitted to apply for a lower classification. When an employee successfully posts into a new position, the employee will not be permitted to post into another permanent

29 26 position for a period of six (6) months, except when posting into a full time position. Employees in a temporary posted position are not eligible to apply for another temporary posting but may apply for postings for permanent positions. Interpretation : Letters of Intent are valid for a period of six (6) months. A team member who is on a leave of absence or vacation may put in Letters of Intent, both to their home store or any other locations of their choice. These Letters of Intent will be valid for the dates of the approved leave so the team member will not miss out on a posting Eligibility for Job Postings and Awarding of Job Postings: Employees will become eligible candidates for a posted job vacancy, on the following basis: (a) (b) Experience obtained by working in the department in which the vacancy is posted (minimum 500 hours); or Successful completion, prior to applying for the posting, of the required courses relevant to the posted position as set out in the Training Grid. Both in store applicants and Letters of Intent will be considered. When eligible candidates have the required skill level (through courses completed and/or experience obtained or a combination of both), seniority will be the determining factor. Employees awarded a posting on the basis of (a) above must enroll in any outstanding Training Grid courses, if applicable. These Training Grid courses must be completed within nine (9) months of being awarded a posting. Course completion extensions will only be granted with the

30 27 approval of the Provincial Labour Management Committee prior to their scheduled completion date. In the event that an employee does not successfully complete the required courses in the time allotted, the matter will be referred to the Provincial Labour Management Committee within fourteen (14) days. The parties will attempt to find an appropriate resolution that has the least impact on other employees in the region and is equivalent to the employee s former position. When there are no qualified applicants for a permanent Customer Service Specialist or permanent Senior Specialist job posting, the Employer will post the vacancy for an additional seven (7) calendar days. If there are still no qualified applicants for the job posting, the employer, within seven (7) days following the second posting, will either: a) offer to promote a current employee; or b) begin the hiring process from outside the store. Interpretation : Team members must be eligible to post for vacant positions. Team members only become eligible to post if they meet the above qualifications prior to submitting their application for the position. Experience obtained by working in the department will have no expiry. Team members will be considered to have completed (grandfathered) all training courses required to hold their current position. Position is defined as store, department and classification. Should any grandfathered team member apply and be successful in posting into another store, department or classification, they will no longer be considered to be grandfathered and will be required to complete the applicable courses as laid out in the training grid. (see Appendix A Training Grid Requirements for

31 28 Job Postings). Lateral moves to a position in a department that a team member does not have a minimum of 500 experience hours require the completion of required courses before being eligible to post. Upward moves within a department (with 500 hours) require the completion of all required courses in the currently held position and the position applied for within nine (9) months of being awarded a posting. Outside training may not be credited towards courses in the Training Grid. For the purpose of applying for full-time cashier (CSS) positions, candidates require all the applicable courses for a full-time CSS position other than till training (which will be provided to the successful candidate, if applicable); or 500 hours experience in the department. If the posting is awarded on the basis of experience, the successful candidate will be required to complete the courses with nine (9) months of being awarded the posting Job Opportunities - New Stores: The Employer agrees to post a notice regarding job opportunities in new stores in all retail operations owned and/or operated by the Overwaitea Food Group and covered by a Collective Agreement with C.L.A.C., Local 301. Employees who apply and are successful will be transferred with their full seniority for all purposes of the Agreement. Interpretation : A Courtesy Posting will be made for job opportunities in new stores. Applicants accepted for transfer will be at management s discretion. All Courtesy Posting applications will expire upon opening date of new store.

32 12.05 Temporary Positions: Temporary positions will be posted only for absences that are known to be, or are reasonably expected to be, thirteen (13) weeks duration or longer. If the vacancy is less than thirteen (13) weeks management has the right to appoint an employee with experience in the department who will require minimal training to cover off the duties. 29 If the employee appointed assumes the full duties and responsibilities of the vacated position (as agreed to in the job descriptions), that individual shall be paid at the level of the vacated position. This would apply only to vacant Customer Service Specialist or Senior Specialist positions. Temporary postings will be posted in-store only. If there are no applicants from the local store, then Letters of Intent will be considered. If there are no qualified applicants as per 12.03, the senior applicant from a related department with the closest experience to that which is required can be appointed. In the case of Senior Specialist temporary vacancies, postings will be posted in the location where the vacancy ultimately occurs after all transfers have taken place. Interpretation : The length of temporary positions may be altered from the original expected length based on decisions made by team members who have vacated the positions. For example, if a team member on a leave decides not to come back or has approval to return early then the posting would be finished. Postings for temporary positions should include the term up to. (eg. up to six months duration.) Temporary postings will only have to be posted one time before appointing someone or hiring off the street. Letters of Intent will only be recognized for temporary postings

33 30 if there are no qualified applicants as per of the Collective Agreement. If a team member wins a temporary posting based on experience, they will not be required to complete the Training Grid courses required for the position Training Grid: The Employer and Union agree to jointly implement training programs via the Alberta Training Grid (Pathways to Success) In recognition that continued success of the Training Grid will require further discussion, the parties agree that upon request from either the Employer or the Union the parties will meet and resolve any and all outstanding problems in relation to the Training Grid as they arise. Training Courses: Information regarding courses available through the Employer s Learning Management System will be posted in every store. All employees will be able to participate in courses required to qualify for postings as outlined in Section Employees required to attend instructor led courses will be informed by the Employer of the times and locations of these courses. Appointed Positions: The Union recognizes that there are certain jobs that require the Employer to appoint individuals to carry out specific tasks. Once appointed, employees will be kept in those appointed positions until the employee is awarded a permanent posting or the Employer has reasonable cause to withdraw the appointment. Employees who are in appointed positions and are awarded temporary postings or are on leaves of absence, excluding

34 31 personal leaves of absence exceeding three (3) months in duration, will return to the same appointed position following the conclusion of the temporary posting or leave. Scheduling individuals in appointed positions will be made in accordance with Article Interpretation : The Employer maintains the right to select the successful applicants of appointed positions. Team members who are in appointed positions may take temporary positions or go on approved leaves without losing their appointed position. Team members may go on personal leaves of 3 months duration or less without losing their appointed position.

35 32 The following chart is offered as an interpretation for the sixteen (16) different potential posting scenarios resulting from Section 12. CURRENTLY IN Temp PT Temp PT Temp FT Temp FT Temp PT Temp PT Temp FT Temp FT Perm PT Perm FT Perm PT Perm FT Perm PT Perm PT Perm FT Perm FT APPLYING FOR to to to to to to to to to to to to to to to to Temp PT Temp FT Temp PT Temp FT Perm PT Perm FT Perm PT Perm FT Perm FT Perm FT Perm PT Perm PT Temp PT Temp FT Temp PT Temp FT ALLOWED No No No No Yes Yes Yes Yes Yes Yes Yes* Yes* Yes** Yes** Yes** Yes** *Will only be allowed after being in a department for six (6) months. **Will be allowed anytime within the same department or after six months if in a different department.

36 33 Section 13 - Hours Of Work This section, where it defines the normal hours of work, will not be construed as a guarantee of hours of work per day or per week, but merely provides a basis for the calculation of overtime. Neither will it serve as a restriction on the scheduling of a longer or shorter work day or work week whenever, in the opinion of the Employer, such is necessary to meet business requirements The normal hours of work of an employee working full time will be thirty-seven and one-half (37½) hours per week consisting of five (5), seven and one-half (7½) hour days to be worked as scheduled by the Employer. Normal daily hours of work will be consecutive with the exception of rest periods and the meal period. Sunday will be considered the first day of the work week for all purposes of the Agreement. Where the Employer decides to replace a shift that becomes available within twenty-four (24) hours or less, employees not scheduled to work on that day and who are not already scheduled five (5) shifts that week will be called in by seniority, subject to their availability. All employees (except secondary school students on school days) who are called in and who report to work will, if requested to work less than four (4) hours, receive four (4) hours pay at their regular hourly rate. For secondary school students on school days the reporting time paid will be only those hours worked except when employed for less than three (3) consecutive hours, in which

37 34 event they will receive a minimum of three (3) hours pay at their regular hourly rate. Interpretation : Call-ins will begin with those team members not already scheduled 5 days in a week, by seniority subject to availability. The Employer can bypass team members who would be eligible for overtime until all available team members are eligible for overtime, then seniority would then again prevail. All call-ins will be paid a minimum of 4 hours (3 hours for secondary school students) Where it is deemed necessary to extend shifts on short notice, such extensions will be offered by seniority, subject to availability, to employees whose shift is ending at the time the extension is required by the Employer and employees whose shift begins when the extension concludes. Section 14 - Overtime All time worked in excess of the basic work day, seven and onehalf (7.5) hours, will be paid at the rate of time and one-half (1½x) the regular hourly rate for the first two (2) hours overtime worked in one (1) day, and double time (2x) the regular rate for all hours worked in excess of two (2) hours overtime Employees who work more than five (5) days in one week will be paid at the rate of time and one-half (1½x) their regular hourly rate for all hours worked after the fifth day in that week. 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.