ARTICLE #1 - GENERAL PURPOSE
1. The purpose of this Agreement is:
(a) To establish wage rates, hours of work and other working conditions.
(b) To provide a method for settlement of disputes and grievances of employees covered by this Agreement.
(c) To work together to promote harmonious relations and an efficient operation.
2. During the life of this Agreement, there shall be no strike, slow down, or work stoppage on the part of the Union, nor shall there be a lockout on the part of the Employer.
ARTICLE #2 BARGAINING UNIT WORK
1. This agreement recognizes the Employer's right to plan and direct store operations. The Employer may also discipline employees and discharge them for just cause. All other functions in the Employer's operation are recognized as Bargaining Unit Work and shall not be performed by management.
2. When a violation is brought to the Employer's attention, the manager shall immediately cease and desist. The Employer and the Union shall investigate.
3. As a result of the investigation in clause 2, any manager(s) who have performed bargaining unit work or allowed excluded employee(s), FCL representative(s) or supplier(s) to perform bargaining unit work in violation of this article shall be reprimanded in the following manner:
(a) For the first violation, the Employer commits to handling managers who perform bargaining unit work through the normal company disciplinary procedure. The first available employee on the call-in list shall be paid a minimum of four (4) hours or the actual time worked by the manager that day, whichever is greater, in accordance with Article 12 Hours of Work.
(b) For the second and/or subsequent violation(s), the Employer commits to handling managers who perform bargaining unit work through the normal company disciplinary procedure. The first available employee on the call-in list shall be paid a minimum of four (4) hours or the actual time worked by the manager that day, whichever is greater, in accordance with Article 12 Hours of Work. The Employer shall also pay a fine of two hundred dollars ($200.00) to the UCCE Charity Program for each violation.
4. When the Employer needs to replace a shift, bargaining unit employees must be called in.
5. Managers may only perform bargaining unit work in the following situations:
(a) Emergencies - defined as a situation or event that arose unexpectedly and where a reasonable person could not have been expected to know in advance. Lack of planning or inability to schedule properly does not constitute an emergency.
(b) Training - defined as the performance of the function for explanation, demonstration, or performance correction purposes. Managers are permitted to perform the actual job functions if it is in the course of explanation to another employee. It is expected that such instruction should be neither lengthy nor frequent. The majority of the time is to be spent assessing the performance of the employee.
(c) Testing of and training on equipment, programs, products and procedures.
(d) At any time when customer service is required, and a bargaining unit member is not immediately available. The bargaining unit work done must be limited only to meeting the customer's immediate needs.
(e) Assist in new/renovated store set-ups and openings after sending out requests for help and exhausting the call-in list, even if it results in overtime.
(f) In Gas Bars with less than 100,000 total litres in volume per week, the Manager may be a working Manager and perform bargaining unit work. While the Manager is performing Bargaining Unit Work the Employer shall pay the Union an amount equivalent to union dues.
6. Suppliers shall not work regular stock items. The only exceptions shall be the following, who may only work their own products:
(a) Pepsi Cola (beverages only), Coca-Cola (beverages only), Old Dutch (salted snacks only), Hostess/Frito Lays (salted snacks only), CMS (toys only), Van Houtte (bulk coffee only) and Carlton Cards (greeting cards and wraps only).
(b) Weston and Canada Bread (bakery products only) shall only do initial stocking. Unionized employees shall perform the replenishing of bread products.
The Employer shall consult the Union if any of the above suppliers are involved in a merger or acquisition, which affects this clause.
7. Over the term of the Collective Agreement, the Employer shall reduce the direct store delivery suppliers who perform in-store stocking and merchandising as outlined in clause 6, if offsetting savings can be realized. Monthly consultation shall occur with the Union concerning the reductions.
8. Suppliers involved in the technical set up of equipment may do so as required.
9. To ensure compliance with this article, the Employer agrees to meet with and write to all the suppliers and FCL representatives, informing them that suppliers and FCL representatives shall not violate this article. The Employer will appropriately address suppliers and FCL representatives who fail to abide by this article, which may result in them being banned from the premises.
ARTICLE #3 - SCOPE
1. This agreement shall cover all eligible persons employed by the Employer in connection with its places of business located in the Province of Alberta, including Calgary, Airdrie, and Strathmore. This excludes persons employed in a management capacity pursuant to Alberta Labour Relations Board Certificate #369-2001 issued November 22, 2001.
2. The Employer shall provide the Union with a list of names of excluded persons as changes to persons occur and/or additional persons are hired into identical positions.
3. All persons who are hired into newly created permanent, temporary or contractual positions shall be subject to consultation and agreement with the Union prior to inclusion or exclusion. If agreement cannot be reached, the Alberta Labour Relations Board shall determine whether the person is to be excluded from the bargaining unit.
ARTICLE #4 - MANAGEMENT RECOGNITION
1. The Union recognizes that all functions, discretion, rights, responsibilities and authority which the Employer has not specifically abridged, delegated or modified by this Agreement are retained by the Employer. The Employer shall exercise its managerial functions, discretion, rights, responsibilities and authority in a fair and reasonable manner. The Employer undertakes to exercise its functions, discretion, rights, responsibilities and authority without discrimination or harassment in accordance with the Collective Agreement and Statutory provisions.
ARTICLE #5 - UNION RECOGNITION
1. The Employer recognizes the Union as the sole and exclusive bargaining agent for all employees covered by this agreement. The Employer shall not recognize any employee or group of employees as representing the Union, nor shall the Employer enter into any separate agreement(s) with an employee, a group of employees or an Authorized Union Representative which compromises the terms or conditions of employment contained in this agreement, without the prior written approval of the President of the Union and the Bargaining Chair/Chief Shop Steward.
2. The Union recognizes the responsibility of its members to perform their respective duties for the Employer.
3. The Employer shall recognize all persons elected to the Union Executive and elected, hired or appointed Authorized Union Representatives.
4. The Employer shall only call in Authorized Union Representatives for disciplinary or investigation purposes outside of their scheduled shifts by mutual agreement, in accordance with Article 13 Templates and Scheduling, clause 17. The Union shall supply an alternate Authorized Union representative within twenty-four (24) hours upon request. In emergency situations, an Authorized Union Representative shall be provided as soon as possible.
5. The Union shall advise the Employer in writing of the names of all Union Executive and Authorized Union Representatives when a change occurs. Emergency contact numbers shall be provided for the Union Executive.
6. The Employer shall supply a corresponding list of their representatives to the Union when changes occur. Emergency contact numbers shall be provided to the Union for the Employer's representatives.
7. Authorized Union Representatives shall be permitted entry to the Employer's premises to carry out their legitimate duties. Upon arrival, such representatives shall notify the Duty Manager and/or Head Office Manager. Should an interview need to be held during working hours, it shall be of reasonable duration. If it is necessary to gain access outside of public hours, prior arrangements shall be made through the Duty Manager and/or Head Office Manager.
8. The Employer agrees to provide a suitable place for any Union Executive and Authorized Union Representatives to investigate complaints and/or to discuss matters with employees in confidence.
9. The Employer agrees that the Union Executive and Authorized Union Representatives shall not be prevented or hindered in the accomplishment of their duties in accordance with the provisions of the Collective Agreement.
10. No employee, member of the Union Executive or Authorized Union Representative shall be harassed or discriminated against for any lawful Union activity, or for serving on a Union committee, or for reporting to the Union the violation of any provisions of this agreement.
11. In order that the general public shall be aware of the presence of a unionized workforce, the official UCCE decal, of a reasonable size, shall be displayed in a storefront place where all persons entering the store may see it. Employees shall be permitted to wear any buttons, pins (with the UCCE logo) or ribbons as part of their uniform. Any other Union authorized accessories must be agreed to with the Employer.
12. The Union shall participate in all new employee orientations, which are scheduled by the Employer. Orientation schedules shall be forwarded to the Union with no less than one (1) month's notice. The Union shall ensure an Authorized Union Representative is in attendance and is paid by the Union. The presentation shall be at the onset of the meeting and the content shall be determined by the Union and shall be a minimum of fifteen (15) minutes up to a maximum of forty-five (45) minutes.
ARTICLE #6 - TIME OFF FOR UNION BUSINESS
1. Subject to Clause 2, time off without loss of regular earnings paid for by the Employer shall be provided for Authorized Union Representatives to conduct official Union business on the following basis:
(a) Authorized Union Representatives who are called upon shall act in their official Union capacity as a representative/spokesperson during their regular working hours in their respective centre/location. This time shall be of a reasonable duration. Authorized Union Representatives shall not leave their work duties to process or deal with any matter without first notifying their immediate supervisor or manager and agreeing upon an appropriate time. They shall report to their supervisor or manager before returning to their work duties.
(b) For time spent meeting with the Employer at Corporate Occupational Health and Safety Joint Committee meetings during regular working hours and for meetings of the centre/location Occupational Health and Safety Joint Committee.
(c) For time spent meeting with the Employer at centre/location Joint Labour Management meetings.
(d) For time spent participating in other recognized joint committees.
2. Time off, without pay, shall be granted on the following basis:
(a) Employees elected to Union Executive positions shall be granted a Leave of Absence not to exceed twenty-four (24) months upon written notification.
(b) Employees elected to bargaining committee positions with the Union shall be granted a Leave of Absence upon written notification.
(c) Employees who are elected to positions with the Union shall be guaranteed to return to their substantive position. The Employer shall fill the position on a temporary basis. In accordance with (f) below, the Employer shall extend the temporary appointment. Employees shall return to their substantive positions upon completion of their leaves with a minimum of three (3) weeks written notice given to the Employer. If an employee is displaced during his/her Leave of Absence, then Article 15 (Classification Elimination, Redeployment, Layoff and Recall) shall apply upon notification of displacement.
(d) Seniority and vacation shall continue to accumulate during the Leave of Absence. All other terms, conditions, accruals and benefits shall apply, be protected during the Leave of Absence and be reinstated by the Employer upon return to work. In accordance with Article 16 (Employee Benefits) the policies regarding dental, life insurance, long-term disability, Alberta health, and extended health shall continue to apply. The Union shall be responsible for all benefit insurance premiums.
(e) The Employer shall be responsible for all applicable bonuses and annual staff discounts to employees on Union leaves.
(f) Extensions to these Leaves of Absence shall be granted upon written notification.
(g) Authorized Union Representatives shall be granted time off upon providing two (2) weeks minimum written notice to attend any official Union meetings without any loss of hours.
(h) With written authorization the Employer shall bill the Union for Authorized Union Representatives' hours while attending official Union events, functions and/or training.
ARTICLE #7 - REGULAR REPORTS AND NOTICE BOARDS
1. The Employer agrees to provide the Union with the following electronic documentation when generated or amended:
(a) A bi-weekly unionized seniority list including category/classification breakdown, name, phone #, complete address
(b) An updated list of unionized job descriptions
(c) Weekly list of unionized terminated, resigned and retired employees
(d) Weekly list of unionized employees on any Leaves of Absence including WCB, LTD, Medical Leave
(e) Quarterly full-time unionized complement report
(f) Store Hours Validation
(g) Weekly report on all staff movements in the Association including accommodations, transfers and selections
(h) Copies of all postings
(i) Copies of all non-union appointments
(j) Weekly list of unionized employees on the accommodation list
(k) Weekly list of employees on recall list
(l) Copies of master benefit plans when amended
(m) Weekly schedules from each department in each centre/location
(the original from the beginning of the week and any revisions at the end of each week)
(n) Time and attendance summaries (attached to the revised schedules)
(o) Monthly report of Lieu time used and Banked time remaining
2. The Employer agrees to provide notice boards for the posting of Union notices of meetings or other material that the Union deems to be of interest to its members.
3. In the event that posted information is deemed to be inappropriate by the Employer, there shall be consultation with the Union before it is removed.
ARTICLE #8 - UNION MEMBERSHIP AND DUES CHECK OFF
1. Every employee who is now or hereafter becomes a member of the Union shall maintain their membership in the Union as a condition of employment and every new employee whose employment commences hereafter shall, within thirty (30) days after the commencement of employment, apply for and maintain membership in the Union as a condition of employment.
2. Any employee who objects to joining the Union, for religious beliefs, shall not be required to join but shall, within thirty (30) days of employment, come under the Rand Formula. Accordingly, the employee shall sign a payroll deduction authority granting the Union the equivalent dues of members in good standing.
3. Each employee eligible for membership in the Union, shall sign a payroll deduction authority, authorizing the Employer to deduct initiation fees, bi-weekly dues, and assessment(s) in the amount authorized by a regular and proper vote of the membership of the Union. Such deductions shall be made on a bi-weekly basis and shall be remitted to the officer designated by the Union within fifteen (15) days of such deductions.
4. The Union shall advise the Employer, in writing, of any change in the amount of dues to be deducted from the employees covered by this agreement. Such notice shall be communicated to the Employer at least thirty (30) days prior to the effective date of the change. The Union shall be responsible for reimbursing the Employer for any program changes required.
5. The Employer shall adjust any error(s) in dues deducted in a timely manner.
ARTICLE #9 - SENIORITY
1. Seniority for all employees shall be defined as the length of continuous service with the employer in the bargaining unit.
2. Seniority shall be the principle of granting preference to employees in transfers, selections, displacement, vacations, templates, shift assignments, weekend rotation and other such working conditions, as set out in other provisions of this agreement.
3. Seniority shall begin accumulating on the date an employee is hired. In the event there is more than one (1) employee with the same date of hire, the tie shall be broken by the date on the application for employment.
4. Seniority shall be broken and all rights forfeited when:
(a) an employee voluntarily leaves the services of the Employer.
(b) an employee is dismissed by the Employer for just cause.
(c) an employee fails to return to work on recall after layoff within fourteen (14) consecutive days of the date of delivery of a priority post letter to the last known address and is deemed to be terminated.
(d) an employee is not recalled within twenty-four (24) consecutive months of a layoff.
5. The fourteen (14) consecutive days and twenty-four (24) consecutive months deadlines contained in (c) and (d) above respectively shall be extended if, upon recall, an employee is unable to work due to illness, injury or for justifiable reasons. An extension granted shall only be for the duration of the illness, injury or justified absence and the Employer may require the employee to provide detailed written confirmation of the justifiable reason or confirmation from a physician for illness or injury.
6. Any former employee who is rehired into the bargaining unit within ninety-two (92) consecutive days shall have his/her seniority reinstated/protected, which affects the following:
(a) Calculation of entitlement to benefits, including accrual of vacation and sick leave. The previous vacation balance shall not be reinstated. An employee's sick leave credits shall be reinstated.
(b) Eligibility waiting periods for benefits shall be waived providing the employee was on benefits prior to leaving.
(c) Reinstatement of time credited towards benefit qualification prior to leaving.
(d) Former seniority hours worked shall be applied in calculating the employee's pay step for his/her new position.
7. An employee may accept temporary excluded position(s) for up to ninety-two (92) total collective days. During this period, seniority shall cease to accumulate and the employee's seniority date shall be adjusted accordingly. Upon expiry of this temporary position, the employee shall return to his/her substantive position. An employee who exceeds ninety-two (92) total collective days within eighteen (18) consecutive calendar months shall forfeit all bargaining unit rights including reversion rights.
8. The only exception to clause 7 above shall be for:
(a) An employee who temporarily replaces an excluded person for the purposes of covering Maternity/Parental leave. Employees who accept a temporary excluded position under clause 7 may continue if it is for the same situation. This period shall not exceed fifty-two (52) consecutive weeks. An employee who exceeds fifty-two (52) consecutive weeks shall forfeit all bargaining unit rights including reversion rights. An employee who accepts another temporary excluded position before he/she has returned to the bargaining unit for a minimum of twenty-four (24) consecutive calendar months shall forfeit all bargaining unit rights including reversion rights.
(b) After consultation and agreement with the Union, an employee who temporarily replaces an excluded person for the purposes of covering for Long Term Disability or Worker's Compensation leave. Employees who accept a temporary excluded position under clause 7 may continue if it is for the same situation. This period shall not exceed fifty-two (52) consecutive weeks. An employee who exceeds fifty-two (52) consecutive weeks shall forfeit all bargaining unit rights including reversion rights. An employee who accepts another temporary excluded position before he/she has returned to the bargaining unit for a minimum of twenty-four (24) consecutive calendar months shall forfeit all bargaining unit rights including reversion rights.
9. An employee who accepts a permanent excluded position shall maintain reversion rights to the bargaining unit for up to ninety-two (92) total collective days. During this period seniority shall cease to accumulate. At the end of ninety-two (92) days all seniority rights shall be forfeited including reversion rights. The employee's seniority date shall be adjusted accordingly if he/she returns to the bargaining unit within ninety-two (92) days.
10. Seniority shall continue to accumulate during all approved leaves of absence.
11. External persons placed in work experience or Government funded programs shall not accumulate seniority until becoming a member of the bargaining unit.
ARTICLE #10 - PROBATION/TRIAL PERIOD
NEW EMPLOYEE / INITIAL PROBATION
1. New employees hired into a templated (A&B) position shall have a probation period of ninety (90) calendar days.
2. New employees hired into a casual (C) position shall have a probation period of two hundred sixty (260) hours, but not to exceed one hundred twenty (120) calendar days.
3. New employees on initial probation shall be provided three (3) mandatory formal probationary reviews covering attendance, performance and behaviour and shall be given the opportunity to improve where necessary. Templated employees shall receive these reviews on or before the 15th, 45th and 75th day of their probation. Casual employees shall receive these reviews on or before their 20th, 60th and 100th day of probation, or 50, 120 and 240 hours, whichever occurs first.
4. New employees shall receive at least one warning for failing to meet the required standards regarding attendance, performance and behaviour prior to dismissal. A major rule violation, for behaviour, at any time during the initial probationary period may result in the dismissal of a new employee.
CLASSIFICATION TRIAL PERIOD
5. Current employees who accept a new position outside of their classification shall have a trial period of ninety (90) calendar days.
6. Employees on a classification trial period shall be provided three (3) mandatory formal trial period reviews regarding performance and shall be given the opportunity to improve where necessary. The Employer shall provide these reviews on or before the 15th, 45th and 75th day of their probation. Attendance and behaviour issues shall be dealt with through progressive discipline.
7. Employees who have successfully completed a classification trial period within the last twenty-four (24) months in a permanent or temporary position shall not be required to repeat the trial period in that classification.
CLASSIFICATION TRIAL PERIOD REVERSION
8. If the Employer determines that the employee does not meet the minimum performance standards through the classification trial period reviews, the employee shall revert to his/her former classification, rate of pay, guaranteed hours, and where possible, former centre/location. Where it is not possible to place an employee into the original centre/location, temporary alternate arrangements shall be made with the employee. The employee shall be placed on the accommodation list for his/her original centre/location only.
9. If the employee decides after working four (4) weeks and before completing seven (7) weeks that he/she is not suited to the new position, the employee shall revert to his/her former classification, rate of pay, guaranteed hours, and where possible, former centre/location. Where it is not possible to immediately place an employee into the original centre/location, temporary alternate arrangements shall be made with the employee. The employee shall be placed on the accommodation list for his/her original centre/location.
EXTENSIONS
10. If an employee is on any authorized leave or modified work duties during either the initial probation or classification trial period, the length of the authorized leave or modified work period shall extend the probation/trial period. The Employer shall consult with the Union regarding the extension due to the modified work period. Any other extensions shall only be through mutual agreement between the employee, the Employer and the Union.
ARTICLE #11 TRAINING
1. The Employer and the Union recognize the importance of a knowledgeable workforce. For the purpose of this agreement, "training" means any practical, on the job training given by the Employer with a view to enabling the employees to perform effectively a function, a duty, or a set of functions and duties. Training must be sufficient and adequate. Therefore the Employer shall schedule each employee for a minimum of twenty (20) dedicated hours of on the job training. Such training will be with a designated qualified instructor and must occur within the first fifteen (15) days of probation/trial period.
2. The employer must give such training to:
(a) Any newly hired employee.
(b) Any employee who moves from one classification to another.
3. Any training provided shall not be recorded on the employee's Performance, Behaviour and Attendance sheets (PBA sheets). The Employer will keep track of training provided on a separate sheet titled "Training". The employee shall initial once the training has taken place.
4. The Employer shall advise the Union, in writing, of the methods of training used and any changes.
5. Any position that requires an employee to complete mandatory training before they can start shall be paid at the applicable rate of pay for the new position during the training. (i.e. Cashier Training.)
BACK-UPS
6. When filling shifts or temporary vacancies (less than 21 days) the Employer may choose to use call-ins, schedule trained back-ups or post the vacancy temporarily.
7. Wherever trained back-ups are required (i.e. FMC, F.E. supervisor, etc), the Employer will determine how many are required at any given time.
8. Back-ups are recruited from within the department first then from within the rest of the centre/location.
9. The most senior out of those interested (as per 7 and 8 above) who meet the minimum qualifications, shall be trained. The number shall depend on the centre/location and the classification.
10. Shifts for identified back-ups shall be rotated fairly in order to maintain their skill level. There is no time limit on how long an employee can remain a back-up for filling shifts.
11. A more senior employee in the department, who indicates a desire and meets the criteria to be a back-up, shall replace the most junior employee who is currently identified as a back-up.
12. The opportunity to receive back-up shifts is not equal in all departments or centres. Therefore having been a back-up will not be considered in a job selection for the position you were a back-up in.
MEAT WRAPPER TRAINEE PROGRAM
13. Meat wrapper trainee positions shall be filled through the standard posting process.
14. Subject to operational limitations, the training location shall be identified on the job posting.
15. Meat utility clerks who have completed their probationary period and apply for meat wrapper trainee positions shall be given preference.
16. It is a condition of being appointed to a meat wrapper trainee position that the employee provides a minimum of five (5) meat department locations where they can be placed upon completion of the Program.
17. Meat wrapper trainee positions will have a minimum guarantee of 32 hours.
18. The meat wrapper trainee wage scale shall be the same as for the meat wrapper.
19. Employees may at any time terminate their participation in the Program and return to their substantive position.
20. After a minimum of 20 days in the Program, management may revert an employee back to their substantive position due to lack of suitability.
21. Employees who terminate their participation or were reverted from the Program shall be precluded from bidding on meat wrapper trainee positions for three months from the date of leaving the program.
22. Successful completion of the Program will qualify an employee for placement into the meat wrapper classification and the employee shall not be subject to a classification probationary period.
23. Upon successfully completing the Program, employees will be returned to their substantive position and placed on the accommodation list for the next templated meat wrapper position at any of the five (5) locations provided by the employee, which has been posted. Successful trainees shall be considered as transfer applicants.
24. Employees who successfully complete the Program shall be prohibited from bidding out of the meat wrapper classification for one year after the date of their initial appointment into the meat wrapper classification.
25. Employee hours in departments where training occurs shall not be reduced to offset meat wrapper trainee hours.
ARTICLE #12 - HOURS OF WORK
HOURS OF WORK
1. The basic workweek shall be forty (40) hours. The basic workday shall be eight (8) hours.
2. The workweek for full-time employees shall be forty (40) hours in five (5) eight (8) hour days and for part-time employees shall be up to forty (40) hours in a maximum of five (5) days as scheduled by the Employer.
3. The basic workweek for Head Office employees will be 38.75 hours. It is understood that these will be worked from 8:15 a.m. to 4:30 p.m. (subject to clause 30 to 34) with a thirty (30) minute unpaid break, five (5) days a week. The basic workday for Head Office employees will be 7.75 hours.
4. Employees being paid a shift of seven (7) hours or more shall be scheduled for two (2) rest periods. One (1) meal period shall be added onto the shift. (i.e. 7 hours paid = 7.5 hours scheduled). The same rule shall apply for shift extensions.
5. Unpaid meal periods shall be thirty (30) uninterrupted minutes. The meal period shall be scheduled as near mid-shift as possible.
6. Paid rest periods shall be fifteen (15) uninterrupted minutes. Rest periods which are scheduled by the Employer, shall not start earlier than one and one half (1 ½) hours after the commencement of work and not later than one and one half (1 ½) hours before either the meal period or the end of the shift.
7. Employees working a shift of four (4) or more hours but less than five (5) hours, shall receive one (1) rest period. Employees working a shift of five (5) or more hours, but less than seven (7) hours, shall have two (2) rest periods. These two (2) rest periods may be taken consecutively through prior arrangements with their department manager. Employees may also take their unpaid meal period in two unpaid fifteen (15) minute rest periods, through prior arrangements. The Employer agrees to not schedule 4.75 hour or 6.75 hour shifts.
8. If an employee is requested by management, or their designate, and agrees to work through his/her meal or rest period, he/she shall be compensated at the applicable overtime rate for the entire meal or rest period. A manager must initial the schedule. Managers are not to schedule employees to work through rest and lunch breaks. If an employee takes their full break at a later time then overtime is not applicable.
I.E. An employee working an 8 hour shift, who is requested to work through their 15 minute rest break, would be paid 8 hours regular and ¼ hour overtime. An employee who works through their meal period, would get paid 8 hours regular and ½ hour overtime.
9. All staff meetings or training periods, where attendance is mandatory, shall be considered as time worked. Pay shall be given for time actually in attendance subject to a minimum of two (2) hours if not part of a regular shift. A thirty (30) minute travel time allowance shall be given to employees who had to travel to and from such meeting when they are not scheduled to work.
10. All efforts shall be made to interview employees during their scheduled hours. Employees, who are required to be interviewed during their unscheduled time, shall be paid for the actual time of the interview, at regular rates plus one half (1/2) hour travel time.
11. Employees shall not be required to review material pertinent to their job duties on unpaid time.
12. Working off the clock is an unacceptable activity. Employees engaged in this kind of activity shall be reported to the Union Executive and Labour Relations. After discussion with the Union Executive, Labour Relations shall determine corrective action, up to and including progressive discipline, against the offending employee(s).
13. Managers who knowingly allow this activity to occur shall be fully responsible for paying out all hours worked at the overtime rate to the most senior employee entitled to those hours worked.
OVERTIME
14. All hours worked by an employee in excess of the basic workweek shall be paid for at the rate of one and one half (1 ½) times the regular rate.
15. The first 2 hours worked by an employee in excess of the basic workday shall be paid for at the rate of one and one half (1½) times the regular rate. Any hours worked beyond that, shall be paid for at the rate of two (2) times the regular rate. Employees shall receive an additional paid rest period before commencing the initial overtime and another paid rest period for each additional two (2) hours of overtime thereafter.
16. Any overtime hours must first be authorized by the Department Manager or their designate. There is no obligation to offer overtime, however this does not authorize the Employer to perform bargaining unit work.
17. All overtime hours, subject to Article 22 (Statutory Holidays) shall be voluntary and shall be offered in seniority order within the classification in the centre based upon availability.
18. An employee working overtime shall elect to be paid for such overtime in accordance with the following options:
(a) Such overtime to be paid at the applicable overtime rate on a bi-weekly basis; or
(b) The option of banking the equivalent number of hours as time off in lieu of overtime pay. (i.e. 8 hours of overtime worked equals 8 hours of time off with regular pay.)
19. Any employee asked by the Employer to work a shift of twelve (12) or more consecutive hours in a day shall be paid a meal allowance of eight (8) dollars. This shall be paid out of the Customer Services Office with authorization from a Manager.
BANKED/LIEU TIME
20. An employee may elect to bank overtime hours in lieu of getting paid overtime.
21. The employer shall not be permitted to offer overtime to an employee on the condition that they bank the time. Overtime is offered in seniority order and the method of payment is strictly the employee's option.
22. Banked time is to be defined as overtime hours worked but not paid and accumulated at straight time.
23. Lieu time is to be defined as time off with pay from the accumulated bank at the current regular rate of pay.
24. Banking of overtime hours shall be calculated based on an hour for hour basis (i.e. 6 hours of overtime worked equals 6 hours of lieu time at the regular rate of pay).
25. The maximum accumulated amount of overtime hours that can be banked shall not exceed forty (40) hours at any point in time. ie. An employee has forty (40) hours of banked time, uses eight (8) hours of lieu time and has thirty-two (32) hours remaining. The employee is now eligible to accumulate up to an additional eight (8) hours of banked time to a total of forty (40) hours.
26. Lieu time shall be granted in accordance with the following:
(a) Lieu time can be used by an employee in an emergency situation by notifying the Employer and shall not be subject to denial. The Employer reserves the right to request validation of the emergency only when the absence creates undue hardship to the operation of the department.
(b) Lieu time other than (a) above must be in writing and approved by management prior to being taken and is subject to operational requirements.
(c) Scheduled lieu time other than (a) and (b) above shall be requested in writing through the department time off procedure.
27. A minimum of four (4) hours lieu time shall be taken on each occurrence with the exception of 26 (a).
28. Employees may request a pay out of their banked time paid at one and one half times regular rate of pay by providing two weeks written notice. The pay out shall be included on their regular payroll deposit.
29. Any unused banked time shall be paid out at one and one half times regular rate of pay once per year, on December 31st, with the exception of any banked time accumulated in December. This payout will be separate from an employee's regular payroll deposit.
HEAD OFFICE/FLEX TIME
30. Unionized employees and the Employer may enter into a flextime system provided that services are not adversely affected. The Employer may implement a flextime system of hours of work, but participation by an employee in such systems shall be voluntary.
31. Flextime is defined as variations in employees' hours of work by staggering start and finish times. Employees shall be entitled to have the opportunity to plan their work schedule whereby they may arrange their starting times, rest periods, meal periods and finishing times in keeping with the Employer's operational requirements. Where operational requirements conflict with requested flextime, flextime shall be approved in seniority order.
32. In the event the flextime system of hours of work does not result in the provision of a satisfactory service to the public, or is demonstrated by the Employer to be impractical for other reasons, the Employer may require a return to regular times of work in which case employees shall be provided advance notice of one (1) week.
33. An employee who is working according to flextime system may opt for regular times of work by providing the Employer advance notice of one (1) week.
34. Where applicable these provisions shall have force and effect in lieu of clause 3.
Head Office Special Considerations
35. The Employer and the Union agree to the following use of sick time and make up time:
(a) Appointments (Medical & Non-Medical)
· If appointments must be made during scheduled work hours, it should minimize disruption to the department and must be pre-approved by management.
· Employees may use lieu time, vacation or time off without pay for medical and other appointments.
· Head Office employees (with approval from their manager) may also use flextime (within the same day), or make up time (as outlined in b.)
(b) Head Office employees shall be permitted to "make up" the time missed for appointments attended during working hours and be paid at regular time(edited accordingly). This must be done within the same workweek of the appointment and pre-approved by the department manager to ensure that the request can be operationally accommodated. If the appointment is last minute (i.e. called in for a cancellation with a specialist) then the time must be made up within five (5) working days of the appointment.
36. In exceptional circumstances an employee may exchange up to two regular working days per week with regularly scheduled days off. The maximum length of time this accommodation may be made is limited to four (4) months in duration, provided that:
· the change is operationally feasible;
· the reason for the temporary change provides some organizational benefit to Calgary Co-op;
· applications for this temporary change are submitted in writing to Management at least three (3) weeks in advance and;
· Management shall review any such requests with the Union prior to approval/denial.
ARTICLE #13 TEMPLATES AND SCHEDULING
1. Templates were originally created to provide the employee with a better quality of life.
2. There are three categories of employees:
A - Full-time 40 hours per week (5 days x 8 hours)
B - Part-time 32, 28, 24 minimum guaranteed hours per week
C - Casuals 0 or 4 - 20 hours per week
3. All category 'A' and 'B' employees shall have a two-week template, which consists of permanent AM and PM shift designations Monday thru Friday. The template shall include staggered 'static' days off, one each week with the later static day being placed closest to the working weekend (so as to avoid too many days in a row). 'A' and 'B' category employees shall be available for all scheduled shifts within their templates. ('C' category employees should refer to Hours Allocation for Casuals below.)
The template weeks shall be labeled as "even" and "odd". Evens shall coincide with Co-op's weeks 2,4,6,8, etc. and odds with Co-op's weeks 1,3,5,7, etc. (i.e. Co-op's week 1 starts the first Sunday of November every year and this would be an "odd" week.) This shall ensure that all centre/locations and departments will be on the same week across the system (even week or odd week).
4. 'A' and 'B' categories shall be allocated a minimum of 65% of the hours scheduled in the classification. The 'C' category shall not exceed 35% of the hours scheduled in the classification. 'C' category employees may only exceed 35% of the hours scheduled in the classification after all 'B' category employees have reached their preferred maximum hours.
For purposes of calculating these percentages only, HBC Supervisor and Utility Clerk hours scheduled may be merged and GM Supervisor and Utility Clerk hours scheduled may be merged.
5. A minimum of fifty percent (50%) of the positions in a classification shall be 'A' & 'B' categories. A maximum of fifty percent (50%) of the positions in a classification may be 'C' category. The only exceptions shall be the Front End Service Clerk and Gas Bar Pump Attendant classifications, which may exceed the 50/50 rule.
6. Any additional hours above the minimum guarantee may be distributed to the 'B' and 'C' employees, based on seniority, as long as the minimum of 65% for A & B is met.
7. Each position shall be identified by centre number, department number, classification number, minimum guaranteed hours, and sequence number.
8. The number of 32-hour positions shall be equal to or greater than the number of 28-hour positions and the number of 28-hour positions shall be equal to or greater than the number of 24-hour positions.
9. An "a.m. shift" is any shift that begins at or after 5 a.m. but before 12:00 p.m. / noon and ends before or by 6:00 p.m.
10. A "p.m. shift" is any shift that begins at or after 12:00 p.m. / noon and ends before or by 12:00 a.m. / midnight.
11. Price change and inventory shifts outside of the parameters in clause 9 & 10 shall be scheduled by mutual agreement. All other shifts must occur within the "a.m." and "p.m." parameters above.
12. Full-time positions shall have five 8-hour shifts and every other weekend off.
32-hour positions shall be scheduled four 8-hour shifts in four days or two 8-hour shifts and two 6-hour shifts and one 4-hour shift in five days or one 8-hour shift and four 6-hour shifts in five days. These templates shall have every other weekend off.
28-hour positions shall be scheduled three 8-hour shifts and one 4-hour shift in four days or two 8-hour shifts and two 6-hour shifts in four days. These templates shall have every other weekend off.
24-hour positions shall be scheduled three 8-hour shifts in three days or two 8-hour shifts and two 4-hour shifts in four days or four 6-hour shifts in four days. These templates shall have every other weekend off.
13. Part-time employees shall be entitled to the longest available shift per day by seniority, except on weekends.
14. An employee may voluntarily shorten his/her shift, subject to a manager or their designate's approval. This shall not be recorded negatively on the PBA sheets.
15. If an employee wants to trade a shift, it is his/her responsibility to find another employee to trade with. The shifts shall be switched on the schedule in ink and initialed by a supervisor and the employees. Switches shall only be subject to managers' approval if it results in overtime.
16. A templated employee may give away a shift to another employee even if it results in the employee receiving less than their templated guaranteed hours as long as it does not negatively impact the department's operation.
17. All employees shall be scheduled or called in for a shift of no less than four (4) hours.
18. The Employer agrees not to schedule any employee more than five (5) consecutive days. Any days worked in excess of seven (7) consecutive days shall be considered overtime.
19. Unless mutually agreed by the Employer and employees, there will be no splitting of work shifts.
20. An employee shall be allowed a minimum of ten (10) hours of rest between shifts. When mutually agreed to, eight (8) hours of rest shall be the minimum. The hours more than eight (8) and less than ten (10) hours shall be at overtime rates.
21. An employee shall not be required to work beyond 6:00 p.m. on the Friday preceding their weekend off unless by mutual agreement.
22. The Employer shall schedule all weekend AM and PM shifts on a rotating basis (i.e. all 'A' & 'B' employees in a classification will be scheduled to work an equal number of AM's and PM's on the weekends).
HOURS ALLOCATION FOR CASUALS
23. Casuals shall be hired for operational need in all departments except for Front End and Gas Bar Service Clerks.
(a) Front End and Gas Bar Service Clerks must be available for a minimum of one shift. This shift must be a Friday, Saturday or Sunday closing shift.
(b) Casuals for other departments must be available for specific shifts as outlined on the posting. "C" category postings shall include the need for specific evening and weekend availability. (i.e. A Grocery Utility posting could include Tuesday, Thursday nights and Sunday AM or a GM utility posted as Monday and Tuesday nights only.)
24. A specific availability agreement shall be signed in conjunction with the offer of employment and an employee shall not be scheduled outside of this availability without mutual agreement.
25. Shifts shall not be created based on an individual's availability.
26. Casual employees shall have a minimum of one (1) weekend off in every eight (8) weeks. Employees may waive their entitlement of one (1) in eight (8) weekends off by initialing the schedule each time.
27. Front End and Gas Bar Service Clerks may change their availability with a minimum of three (3) weeks written notice and it must be accepted where they continue to meet the minimum availability in clause 23 (a) above.
28. Casuals in all other classifications may change their availability anytime with a minimum of three (3) weeks written notice.
(a) If the Employer is able to accommodate the request, a new availability agreement shall be signed.
(b) If the Employer is not able to accommodate the request, and the employee is not able to move into a position that meets their needs, the employee may choose to relocate to any Front End or Gas Bar as a Service Clerk.
29. Casuals shall be scheduled (on a weekly basis) by seniority within their classification maximizing their hours in accordance with their availability subject to clause 30.
30. 'C' category employees may only exceed the twenty (20) hour scheduled maximum after all 'B' category employees senior to them have been scheduled their preferred maximum hours without incurring overtime.
SPECIAL CONSIDERATIONS
31. For Deli, Bakery, Gas Bar and Liquor Store departments, there shall be a supervisor scheduled for all hours.
32. There will be a minimum of one fulltime Deli Bistro Chef in each centre which operates a Woodstone Oven.
33. For Customer Services Offices there shall be a minimum of two (2) unionized employees scheduled at all times, exclusive of breaks.
34. For Gas Bars and Liquor Stores (including stand-alones) there shall be a minimum of three (3) employees scheduled at all times, exclusive of breaks.
35. Employees shall not be scheduled on the express till for more than four (4) hours per day or for more than two consecutive shifts.
36. For classifications where all of the positions are fulltime, these positions shall remain fulltime (i.e. Grocery & Produce supervisors, GUC's, Customer Services Office Supervisor, one Customer Services Office Cashier per center). The Employer agrees not to reduce the existing fulltime positions in any classification (excluding new store openings) over the term of this agreement.
37. All departments shall have a minimum of one full-time supervisor. There shall be a minimum of one full-time File Maintenance Coordinator per centre.
38. Supervisory positions, with the exception of Health & Beauty Care, General Merchandise, Meat and Liquor Stores, shall be a minimum of 32 hours.
39. For the two-week period through Christmas and New Years, the AM/PM's are waived. This waiver is to ensure that employees are scheduled to work one "Eve" but not the other, wherever possible.
CALL-IN PROCEDURE
40. Call-ins are to be used to fill all scheduled shifts that an employee was originally scheduled for but unable to fulfill. (NOTE: If it was necessary to have the shift it must be necessary to fill it later.)
41. Each centre/location shall maintain a call-in list by classification in seniority order (applies to category A, B & C - blend). This list shall be posted with the schedule with the phone numbers blacked out.
42. Call-in hours shall be distributed by seniority within the classification within that center. First preference shall be given to employees in that classification whose schedules do not result in overtime. If all employees are maximized the Employer may call employees who were bypassed (in seniority order), even if it results in overtime or use the options outlined in clause 51. Casual employees who have been scheduled for zero (0) hours can be called in.
43. Shift extensions of less than 4 hours shall be offered in seniority order to employees in the classification already working or scheduled to work later that day. For full shifts (min. 4 hours) the call-in list or available working employees shall be accessed in seniority order.
44. Sign up for the call in list is voluntary.
45. Employees shall provide changes to the call-in list and/or their preferred maximum (in writing) on the first of each month.
46. Management shall be responsible for the administration of the call-in process.
47. Weekly record of call-in activity shall be maintained (i.e. hours worked, status of contacts, etc).
48. Employees who relocate to another location shall be inserted on the call-in list at the new location by seniority.
49. Employees shall indicate, in writing, if they wish to be called in on their vacation subject to Article 21 Vacations, clause 12. Employees shall also provide limitations to call-ins in writing (i.e. RTO's, static days off, etc).
50. Employees may work extra shifts in another centre but overtime is subject to management approval. These shifts are made available on a first come first serve basis through respective centre management approval from both centres.
51. When filling shifts employees are considered in the following order:
(a) Shall redistribute hours in the classification in that centre / location by seniority;
(b) Shall redistribute hours in the classification in the association by seniority, if time permits;
(c) May distribute hours amongst other qualified departmental staff, on the basis of seniority;
(d) May distribute hours within the centre, amongst qualified staff, on the basis of seniority on an infrequent basis. If this option is used more than once per week, a position shall be deemed to exist and shall be posted.
All hours worked in another classification shall be credited to the employee's substantive position.
52. Continually under-scheduling staff in a department and subsequently using employees from other classifications to fill in for partial shifts is not an acceptable practice. When this happens more than once per week, the most senior employee in the department who does not incur overtime shall be paid for a minimum of four (4) hours or the length of time worked, whichever is greater. If it results in overtime for any department employee, the most senior employee shall be paid.
REQUESTED TIME OFF PROCEDURE
53. The granting of requested time off is subject to operational needs in all cases and approved by management. Employees shall request time off three (3) weeks in advance of when they want the time off. Time off shall be granted within one (1) week of the request on a first come first served basis. Once time off is approved it cannot be revoked.
54. The minimum guaranteed hours can never be reduced unless it is by a mutually agreed to shortening of a shift. Any reduction in minimum guarantees other than this must be covered by vacation, lieu time, extended request for time off or a leave of absence.
55. A request for one to three days off in addition to an employee's static day off shall not reduce his / her guarantee of hours dependant on the employee's minimum guarantee.
56. If the request is from two (2) or three (3) to fourteen (14) days (dependant on the employee's minimum guarantee):
(a) Management shall determine if request can be approved.
(b) If approved, this shall result in the employee using vacation time (that is not already scheduled), lieu time or time without pay. The minimum guaranteed hours may be reduced by this amount and shall be indicated on the schedule.
57. A request for time off in excess of fourteen (14) days must be done through a request for a leave of absence as per Article 20 (Leaves of Absence).
POSTING OF SCHEDULES
58. Schedules shall be in classification order, category order, and seniority order within each category.
59. Weekly posted schedules shall include all shifts, positions, category, last day off, last weekend off, maximum preferred hours, and percentage allocation of hours. These shall be in ink or be photocopied and marked 'original'. The Employer shall post two (2) full weeks of schedules at all times. New schedules must be posted by 12 o'clock noon on Friday. Failure to post a weekly schedule by noon shall result in one hour OT for every employee on that schedule.
60. Once a schedule is posted it may only be changed by mutual agreement. Both the manager or their designate and the employee shall initial any change to the schedule in ink. There shall be no white out used on posted schedules.
POST IMPLEMENTATION
61. Any adjustments subsequent to implementation, which are outside of this Article, must be due to legitimate changes in operations and agreed to with the Union.
62. The union will be advised immediately of all other adjustments that are made in conjunction with this Article.
ARTICLE #14 - VACANCIES, PROMOTIONS AND TRANSFERS
1. A vacancy shall be defined as any new position or any existing permanent or temporary, full-time, part-time, or casual position that is not occupied by an employee.
2. All vacancies shall be posted except for all casual Front End and Gas Bar service clerk positions and as provided for in clause 19 below.
3. The order of placements shall be:
(a) Transfers
(b) Selections
These shall be used in conjunction with the accommodation list.
POSTING OF POSITIONS
4. The Employer shall display the postings on all secured bulletin boards for five (5) consecutive calendar days. A copy shall be sent to the Union.
5. The notice of the posting referred to in clause 4 above shall contain the following information:
(a) Duties and relevant qualifications as outlined in the job description
(b) Category, minimum hours guarantee and template
(c) Centre/location of the position
(d) Wage range
6. The Employer shall accept applications in writing for the duration of the posting and shall consider all internal applications. Employees wishing to apply for the posted positions shall do so on a form provided by the Employer.
7. Employees who are absent from the workplace may apply for potential vacancies that may occur during their absence. Such application shall be in writing and submitted to the Human Resources Department prior to or during the employee's absence. This notice shall expire upon the employee's return to work.
8. An employee who is on initial probation at the posting deadline shall only be considered by the Employer for the posting prior to recruiting externally.
9. Positions posted and not filled within twenty-eight (28) calendar days must be reposted within 7 days.
10. If there are no applicants who meet the minimum requirements from within the bargaining unit, the position will be recruited externally.
TRANSFERS
11. Transfers are movements within a classification. Transfers for all posted positions shall be considered upon application, including movements to a part-time and/or full-time position, and shall be awarded on the basis of seniority subject to clause 13. Transfers shall be awarded within seven (7) days of the posting deadline, unless due to justifiable circumstances.
12. Employees applying on a subordinate position to the position they currently hold shall be considered as transfer applicants.
(i.e. A Cashier Supervisor to a Cashier or Service Clerk, or a Senior Attendant to a Gas Bar Cashier or Pump Attendant).
13. An employee who applies for a position in a classification in the same centre, in which he/she is currently serving a classification trial period, shall be considered in conjunction with other applicants and if he/she is the successful applicant, shall continue on the classification trial period in the new position.
SELECTIONS
14. Selections are movements from one classification to a different classification.
15. Selections for all posted positions shall be made within twenty-one (21) days of the posting deadline, unless there are justifiable circumstances otherwise.
16. Both parties recognize:
(a) the principle of promotion within the service of the Employer;
(b) that job opportunity should increase in proportion to length of service.
Therefore, in making selections, the awarding of positions shall be based on the applicant with the greatest seniority, who meets the minimum required qualifications on the posting. The required qualifications must be relevant to the position.
TEMPORARY VACANCIES
17. Temporary appointments shall only be utilized to replace persons away due to illness, injury, any form of leave(s), or any temporary vacancy of an existing permanent position.
18. Temporary vacancies of more than twenty-one (21) days shall be filled through the posting process. When a temporary appointment is completed, the incumbent shall return to his/her substantive position held prior to receiving the temporary appointment.
19. Temporary vacancies of a duration of less than twenty-one (21) days shall be filled by redistributing the hours available amongst departmental staff (who meet the minimum qualifications) on the basis of seniority.
20. The employee filling a temporary vacancy in accordance with this article shall be awarded the position should it become permanent and the employee desires to remain in the position on a permanent basis. (Temporary postings shall be marked "Temporary may lead to Permanent").
21. All hours worked in a temporary vacancy shall be credited to the substantive position upon return. The highest rate of pay achieved while filling a temporary vacancy shall be reinstated upon filling a permanent position in that classification.
TEMPORARY POSITIONS
22. Temporary positions may be utilized for operational requirements for a maximum period of one hundred and twenty-five (125) days. Should operations require these positions to be longer than one hundred and twenty-five (125) days, a permanent position shall be created and filled in accordance with this Article.
23. The employee filling a temporary position in accordance with this article shall be awarded the position should it become permanent and the employee desires to remain in the position on a permanent basis. (Temporary postings shall be marked "Temporary may lead to Permanent").
24. All hours worked in a temporary position shall be credited to the substantive position upon return. The highest rate of pay achieved while filling a temporary position shall be reinstated upon filling a permanent position in that classification.
OTHER CONSIDERATIONS
25. The successful candidate shall be informed verbally and in writing. All other applicants shall be informed of the decision in writing through the weekly recruitment bulletin posted in each centre.
26. Upon request, the Employer shall inform all unsuccessful applicants, in writing, of the reasons for not being awarded the position. Upon request, an employee is entitled to receive all documentation and information related to him/her that was considered during the assessment process. The Union is entitled to request and receive all documentation and information related to all of the applicants.
27. If a successful applicant is on an approved leave and cannot fill the position within two (2) weeks, the position shall be awarded temporarily to the next senior qualified applicant. When the successful applicant returns from the leave they shall assume their new position.
28. Employees away from the workplace due to illness, injury or any form of medical leave(s), who are medically assessed as being fit to return to their substantive duties, shall be returned to their substantive position.
VOLUNTARY RELOCATION LIST
29. All full-time supervisory employees may opt to place their name and position on the voluntary relocation list. These employees shall indicate which location(s) they are interested in moving to. When a match occurs the Employer shall facilitate the relocation(s) in seniority order. A match could include, but is not limited to, a one for one change or a five-way trade where all employees are accommodated.
30. This voluntary relocation list shall not be used to circumvent the posting of vacant positions. All vacant positions must be posted. Transfer applicants are considered in conjunction with the list and the posting filled in seniority order. (i.e. A Cashier Supervisor at #7 on the list for a position at #4 would automatically be considered with all the applicants on a posting for a Cashier Supervisor at #4).
FORCED RELOCATIONS
31. Forced relocations shall only be for urgent labour relations reasons.
32. Where it is determined through a joint investigation that an employee is required to move for urgent labour relations reasons the employee shall be informed of their rights according to this article. The process for forced relocations is as follows:
(a) The Employer shall canvass the association (not including Airdrie and Strathmore unless mutually agreed) for a volunteer within the same classification and guarantee of hours. If more than one volunteer is found the senior employee will relocate.
(b) If there are no volunteers identified, the most junior employee in the same classification and guarantee of hours shall be relocated. The affected employee shall have the option of being placed on the accommodation list.
(c) Where a full-time supervisory employee is involved, the voluntary relocation list shall be checked to see if a compatible move is possible before applying (a) and (b) above.
33. The Employer agrees to consider an employee's request not to accept such relocation.
34. The Union shall be notified of all staff movements in the Co-operative.
ARTICLE #15 - CLASSIFICATION ELIMINATION, REDEPLOYMENT,
LAYOFF AND SEVERANCE
EMPLOYEE REDEPLOYMENT
1. Employee Redeployment shall occur as a result of, but not be limited to, a layoff, technological change, significant changes to classifications, classification elimination, centre/location closures or reduction of centre/location hours of operation.
2. Technological change shall be defined as any substantive change in the work, undertakings or business of the Employer in its operation. These changes in nature, type or quantity shall include but are not limited to equipment, materiel or programs introduced by the Employer.
3. Classification elimination shall be defined as the gradual or immediate permanent removal of all positions in a specific classification at a specific location or association wide. The Employer shall inform the Union of a gradual classification elimination in writing.
4. Layoff shall be by reverse order of seniority, with no distinction between categories (A, B, C). Initial redeployment notice shall be given to the classification, department and centre affected. Recall shall be by order of seniority. As a result of employee redeployment, department(s) may require restructuring.
5. The Employer shall make every reasonable effort to absorb any affected employees within the organization. All employees in temporary positions in the affected department(s) shall be returned to their substantive positions prior to any redeployments occurring.
6. The Employer shall offer internal career counseling and/or the Employee Family Assistance Program (EFAP).
FORMAL NOTICE
7. No meetings shall be conducted without the presence of a full-time Union Executive, or their designate.
8. The Employer shall notify and meet with the Union no less than seventy-five (75) days prior to the effective date of redeployment. This meeting shall be to have meaningful discussion regarding the reorganization, anticipated impact upon the employees, establish a procedure regarding the application of this Article and arrange meetings to notify affected employees. The Employer shall advise the Union of the names and the classifications of all employees prior to their redeployment.
9. Subsequent to clause 8, general information meetings for directly affected employees shall occur to provide formal written notice, effective date of redeployment, information concerning options listed in clause 14, and to arrange individual meetings. These general information meetings shall occur no less than forty-five (45) days prior to the effective date of redeployment.
10. Any employees who may be indirectly affected shall receive a letter or be notified by general notice no less than thirty (30) days prior to the date of redeployment.
11. The notice periods in clauses 8, 9 and 10 shall be waived in disastrous situations (i.e. events resulting in the inability to operate a centre/location).
12. Directly affected employees who are absent from the general information meeting and indirectly affected employees who are absent from the workplace shall receive a priority post letter in accordance with clause 9 or 10.
13. Individual meetings between each affected employee, a representative of the Employer and a full-time Union Executive, or their designate, shall occur to provide specific information with respect to options as outlined in clause 14. These meetings shall be arranged in seniority order. Employees who will be absent from the workplace for their individual meeting shall notify the Employer of their absence and provide an alternate contact. The Employer shall disclose all information as outlined in clause 14 with respect to seniority lists, vacancies, and severance amounts.
EMPLOYEE OPTIONS
14. Employees subject to a redeployment of more than ninety (90) consecutive calendar days shall have the option of any of the following:
(a) Accepting layoff and retaining the right of recall for up to two (2) years. Anytime during the first ninety (90) days of the layoff, the employee shall have the option to choose the severance, then option (b) shall apply.
(b) Accepting layoff from the Employer and waiving the right of recall by accepting severance pay. This option shall be subject to clauses 25 - 29 of this Article.
(c) Accepting any vacant position in the same classification or a different classification offered through the accommodation list.
(d) Bumping any less senior employee within the same classification and same or lower category (A, B, C). An employee who chooses this option shall provide his/her bumping choices to the Employer in order of preference. Any employee bumped shall be entitled to all provisions of this Article.
(e) This option shall only be available to the most junior affected employee(s) in the classification. Bumping any less senior employee in the same or lower category (A, B, C) in any classification with an equal or lower top rate of pay within the Association, providing such employee meets the minimum qualifications. Any employee bumped shall be entitled to all provisions of this Article.
An employee shall notify the Employer of his/her decision in writing of which option(s) he/she will exercise, in order of preference, within seven (7) days of his/her individual meeting referred to in clause 13. The order of preference identified is final. The Union shall be copied on each decision.
15. Individuals who have exercised options (a), (c) and (e) are entitled to be placed on the accommodation list for reinstatement to their original classification and/or guaranteed hours in accordance with Article 14 (Vacancies, Transfers and Promotions).
16. When an employee bumps into a lower paying classification, the employee will be paid at the rate of pay of the new position which is the closest to his rate of pay prior to the redeployment.
17. Any employee redeployed into a different classification shall receive a classification trial period and, if needed, shall be provided an additional forty-five (45) days to improve before being redeployed again.
18. Redeployed employees may apply on posted positions in accordance with Article 14 (Vacancies, Transfers and Promotions) at any time. If the employee is awarded the position, the provisions of this Article shall no longer apply to that employee.
19. An employee, who is absent from the workplace during the initial notification period or for their individual meeting, shall, upon returning to work, have the seven (7) day decision-making period under clause 14.
RECALL RIGHTS
20. Employees shall provide the Employer with a contact number and an alternate number.
21. In the event of a vacancy arising when there are employees on layoff and recall, such laid off employees shall be recalled in order of seniority for their original classification or for a different classification that they have chosen to be recalled for. Employees must meet the minimum qualifications, prior to being placed on the recall list for a different classification. The recall list shall be maintained in conjunction with the accommodation list in Article 32 (Duty to Accommodate).
22. Employees who have been offered alternative employment within the Employer's organization shall have the right to exercise their recall rights to their substantive position, excluding location in the event of a store closure, for a period of twenty-four (24) consecutive months from the date of offer. Acceptance of a position in a different classification does not waive the rights of recall to the original position. Employees who decline a recall to a different classification shall have this classification removed from their recall list.
23. Employees recalled must return to work within fourteen (14) consecutive days of receiving notice of recall. The fourteen (14) consecutive days and twenty-four (24) consecutive months deadlines contained above shall be extended if upon recall an employee is unable to work due to illness, injury or for justifiable reasons. An extension granted shall only be for the duration of the illness, injury or justified absence and the Employer may require the employee to provide detailed written confirmation of the justifiable reason or confirmation from a physician for illness or injury. Employees who fail to return to work or justify their inability to do so shall forfeit their right to recall.
24. Positions available because of Government funded programs shall be advertised internally and preference shall be given to persons presently on recall provided such persons apply and have the qualifications required as spelled out in the program.
SEVERANCE PAY
25. The Employer agrees to pay severance to employees affected due to classification elimination and technological change. Such severance shall be at their regular rate of pay plus applicable premiums in the amount of one (1) week per year of service or part thereof. Any portion thereof shall be pro-rated. The formula for calculating severance shall be the current regular rate of pay plus applicable premiums multiplied by the average hours paid for the last fifty-two (52) paid weeks. In cases of unpaid leaves of absence longer than fifty-two (52) weeks, the previous fifty-two (52) paid weeks shall be used.
26. In addition to clause 25, there shall be increases to the severance pay to reflect seniority according to the following formula. Employees with fifteen (15) years or more of service shall receive an additional severance amount of two hundred dollars ($200.00) for every full year of completed service. (i.e. An 18 year employee shall receive an additional $3600.00 over the severance amount in clause 25).
27. Employees with fifteen (15) years or more of service being redeployed due to location closures shall be offered severance packages in accordance with clauses 25 and 26. The Employer shall determine any additional severance packages to be offered.
28. In other cases of layoff, the severance option will only be provided after all other options have been exhausted and will be determined by the Employer.
29. In the event an employee exercises the severance option and is re-hired within ninety-two (92) consecutive calendar days, any severance shall be repaid. In addition to receiving the benefits of Article 9 (Seniority) clause 6, the employee's sick leave credits shall be reinstated.
TEMPORARY CLOSURES/TEMPORARY LAYOFFS
30. The Employer shall provide as much notice as possible for temporary closures/temporary layoffs.
31. For the purposes of this Article, temporary shall be a period of less than ninety (90) consecutive calendar days. Employees subject to a redeployment of less than ninety (90) consecutive calendar days shall be given the following options to be temporarily accommodated in seniority order:
(a) being placed in their own centre/location in another classification provided they meet the minimum qualifications; or
(b) being placed in other centres/locations in their own classification; or
(c) being placed in other centres/locations in another classification provided they meet the minimum qualifications; or
(d) receive a temporary layoff with rights to recall, at the employee's option only.
Employees choosing options (a) or (c) will continue to receive their regular rate of pay plus applicable premiums or the rate of pay attached to the new classification, whichever is greater.
33. The Employer shall determine the availability of options (a) through (c), however, a minimum of one (1) of the options (a) through (c) shall be offered in conjunction with option (d).
34. Extensions due to unforeseen circumstances must be mutually agreed upon between the Employer and the Union. In the event the temporary closure/temporary layoff exceeds ninety (90) consecutive calendar days, affected employees shall be entitled to the provisions of clauses 14 - 19.
OTHER CONSIDERATIONS
35. When a casual employee has had zero (0) hours for four (4) consecutive weeks, for reasons other than restricted availability, such employee shall have bumping rights. Exercising these rights are at the employee's discretion.
36. A casual employee, who has not worked for twelve (12) weeks, shall be entitled to the provisions of this Article. This clause does not apply to employees on an authorized leave of absence or absent due to sickness or disability.
37. External applicants who are hired into temporary positions/appointments shall be entitled to the provisions of this Article. These employees shall receive two (2) weeks notice of redeployment, in lieu of the notice outlined in clauses 8, 9 and 12, and shall be informed of their options at that time.
ARTICLE #16 - EMPLOYEE BENEFITS
1. The Employer shall provide, (in accordance with the bylaws of the plans concerned) Pension, Alberta Health Care, Extended Health Care, Life Insurance, Dental Insurance, Long Term Disability Insurance, and Uniforms, during the term of the agreement and coverage shall be no less than that on the day of ratification.
2. For full-time employees the Employer shall pay one hundred percent (100%) of the premiums for the Alberta Health Care, Extended Health Care, Dental Insurance and the first $10,000 of Life Insurance and fifty percent (50%) for Long Term Disability and the remaining Life Insurance. Full-time employees are responsible for paying 100% of Life Insurance for dependants.
3. The Employer agrees to extend Alberta Health Care, Dental and Extended Health Care benefits to part-time employees in a templated position with the following considerations:
(a) Upon completing ninety (90) calendar days in a template an employee shall be placed on coverage with the Employer paying fifty (50) percent and the employee paying fifty (50) percent of the premiums. Thereafter the employee must remain in a templated position to retain benefits.
(b) Employees already on benefits who change categories shall have continuous coverage.
4. The Employer agrees to extend Alberta Health Care, Dental and Extended Health Care benefits to casual employees based upon the following conditions:
(a) Casual employees must average at least twenty-four (24) paid hours in a week for a period of at least six (6) months.
(b) Upon fulfilling the requirement the employee will be placed on coverage with the Employer paying fifty (50) percent and the employee paying fifty (50) percent of the premiums. Thereafter the employee must maintain an average of twenty-four (24) paid hours per week per year to remain on the benefits.
(c) Employees hired before May 1, 1994 must maintain an average of sixteen (16) paid hours per week to remain on benefits regardless of how they originally qualified for benefits. Should these employees fall below the sixteen (16) hour average, upon returning to the sixteen (16) hour average their benefits shall immediately be reinstated.
5. These benefits shall be compulsory for all employees fulfilling the above requirements, except those who can prove similar coverage elsewhere.
6. Full-time employees who voluntarily change to part-time status shall revert to part-time benefits on the date the part-time employment commences. Part-time or casual employees who change to full-time shall receive full-time benefits on the date the full-time employment commences, with the exception of Life Insurance and Long Term Disability (90 day qualifying period). If that employee was not already on benefits, he/she shall serve the ninety (90) day waiting period in accordance with the Employer's policies.
7. Full-time employees who are on benefits and who are reduced to part-time by the Employer may continue to receive the benefits relating to Alberta Health Care, Extended Health Care, Dental, Long Term Disability and Life Insurance for a period of up to six (6) months commencing from the date of part-time employment.
8. Employees on benefits who are on WCB, LTD, or Special Leaves, including maternity/parental leave shall have their premiums paid (in accordance with this Article). Employees who choose not to maintain their benefit premiums, either initially or at a later date, shall have their benefits reinstated upon his/her return to work.
9. Employees on benefits who are taking an unpaid leave of absence or who are on layoff and recall shall have their premiums paid (in accordance with this Article) for the first month. In order to maintain benefits while on the unpaid leave, employees shall pay one hundred percent (100%) of the premiums, by providing monthly post-dated cheques. Employees who choose not to maintain their benefit premiums, either initially or at a later date, shall have their benefits reinstated upon his/her return to work.
10. In addition to the regular salary due up to the death and accrued holiday pay, the Company shall grant an additional allowance equal to full pay for the balance of the month in which the employee death occurred plus one month's pay.
11. Any changes in coverage listed in this article and/or the associated premiums shall require mutual agreement between the Union and the Employer.
*Extend Blue Cross Coverage to include: better eyeglass coverage, chiropractor, hearing aids, massage therapy, and orthotics.
ARTICLE #17 - SICK LEAVE
1. Sick leave is at no cost to the employee and is a negotiated benefit.
2. All employees shall accumulate one and one quarter (1 ¼) hours sick leave for every twenty-one and one half (21.5) regular hours paid.
3. Sick leave already earned is retained, regardless of the change in category or classification of the employee.
4. Employees away because of illness shall be paid such sick leave for all regular shifts missed, up to their total accumulation or until Long Term Disability is approved and accessed. Any net overpayment must be reimbursed to the Employer and sick leave taken reinstated.
5. The Employer shall not request doctor's certificates from employees unless:
(a) The employee has been formally advised that their attendance record is unacceptable and that doctor's certificate will be required in the future, or;
(b) The duration of the absence, or circumstances surrounding the absence, require justification.
The Employer shall reimburse the employee for any costs incurred to procure such documentation. If the Employer requests a doctor's certificate outside of the guidelines above, the employee shall be paid two and one half (2 ½) hours at their regular rate of pay in addition to any costs incurred to procure such documentation.
6. An employee on WCB may, at their discretion, use their accumulated sick leave to make up the difference between the Compensation Board's payments and the employee's regular rate of pay.
7. The amount of sick leave accumulated shall be indicated on the employee's pay stub. (Effective six weeks following ratification).
8. Employees, who retire and qualify for Canada Pension plan or Co-op Superannuation Society retirement pension, shall be paid seventy-five (75) percent of their sick leave accumulation to a maximum of five hundred (500) hours.
9. Employees shall not be disadvantaged or harassed in any way by the legitimate use of their accumulated sick leave.
ARTICLE #18 - MATERNITY, PARENTAL & ADOPTION
General Requirements
1. Any employee shall be eligible for unpaid, job-protected maternity, parental and/or adoption leave.
2. Pregnant / Birth mothers shall have the option to access their accumulated sick leave entitlements, with medical documentation. After the maternity portion of their absence, the medical leave must be directly attributable to the pregnancy and/or birth in order to qualify for sick leave.
3. If an employee is unable to return to work at the end of their leave due to health related reasons, sick leave shall be granted in accordance with Article 17 (Sick Leave).
Maternity Leave
4. Maternity leave is defined as a valid health related reason for absence from the workplace due to pregnancy.
5. A birth mother shall be entitled to take up to fifty-two (52) continuous weeks of job-protected leave from employment made up of fifteen (15) weeks maternity leave and thirty-seven (37) weeks of parental leave.
6. Maternity leave can begin at any time within twelve (12) weeks of the estimated date of delivery, at the employee's discretion.
7. If an employee cannot perform all of the duties of her substantive position due to medical reasons, she shall be provided modified work. If these options are not available, a leave shall be granted for which any sick leave benefits shall apply, and she shall maintain the right to return to work up to fifty-two (52) weeks after the birth.
Parental/Adoption Leave
8. An employee about to become a parent shall be entitled to three (3) days leave. The three (3) days shall consist of one (1) scheduled shift paid by the Employer and two (2) optional unpaid shifts to be taken consecutively including and/or subsequent to the date of arrival. The paid shift shall be the first scheduled shift including or subsequent to the date of arrival at the employee's discretion. The employee must inform the Employer of the decision, prior to the end of the paid shift (unless there are extenuating circumstances), regarding the two (2) unpaid shifts.
9. Parents and/or adoptive parents are entitled for up to thirty-seven (37) continuous weeks of unpaid, job-protected parental/adoption leave, hereinafter referred to as parental leave.
10. If both parents are employees, the thirty-seven (37) weeks of parental leave can be taken entirely by one of the parents or can be shared between the parents.
11. Parental leave can begin at any time after the birth or adoption, but it must be completed within fifty-two (52) weeks of the date the baby is born, or an adopted child is placed with the parent.
12. Adoptive parents can only take parental leave when they adopt a child under the age of eighteen (18).
Notice Requirements to Commence Leave
13. Employees must give the Employer at least two (2) weeks written notice to start maternity or parental leave, unless extenuating circumstances or medical conditions prevent this.
14. Employees shall be required to submit a certificate from a qualified medical practitioner indicating estimated date of confinement due to pregnancy or in the case of adoption, submit proof of impending adoption.
15. Employees adopting a child can commence the parental leave with two (2) weeks written notice to the Employer unless the date of the child's placement with the adoptive parents was not foreseeable.
Return to Work
16. Upon completion of the maternity or parental leave, the employee has the right to return to his/her substantive position.
17. Employees must provide the Employer with at least two (2) weeks written notice to return or change the date they will be returning to work.
18. If an employee fails to provide the required notice or fails to report to work the day after the leave ends, the Employer does not have to reinstate the employee unless failure to notify is due to reasonable circumstances.
19. If the employee returns to work within six (6) weeks of giving birth she shall be required to submit medical documentation certifying her to be medically fit to work.
Protective Provisions
20. Sick leave shall not accumulate during maternity and/or parental leaves.
21. If an employee opts not to continue benefits while on leave, they shall be reinstated upon his/her return to work from maternity and/or parental leave.
22. Employees on benefits who are taking a leave shall have their premiums paid for (Full-time Employees) or cost shared (Part-time Employees) in accordance with Article 16 (Employee Benefits).
23. To maintain group benefit coverage for maternity / parental leave, employees shall make arrangements in accordance with Article 16 (Employee Benefits).
24. The Employer shall not layoff or terminate an employee during maternity or parental leave.
25. Employees on maternity and / or parental leave shall be awarded job selections and / or transfers in accordance with Article 14 (Vacancies, Transfers and Promotions).
ARTICLE #19 SPECIAL LEAVES
SPECIAL LEAVE
1. Employees shall be granted a special leave with pay up to a maximum of seven (7) days in cases of pressing emergency. Pressing emergencies shall include but not be limited to serious accidents or serious illness in an employee's immediate family. Immediate family shall be confined to an employee's spouse, parent, child or any other relative living in the employee's household.
2. Pay for such days is to be determined by an average daily shift as calculated from the previous four weeks excluding weeks with vacation, sick leave, WCB and other approved Leaves of Absence. To calculate the average, take hours worked and divide by the number of shifts worked over the previous four (4) weeks.
EI COMPASSIONATE CARE BENEFIT
3. The Employer agrees to provide a leave of absence up to six weeks for employees eligible to access the EI Compassionate Care Benefit. This benefit is available to EI eligible employees who must be absent from work to provide care or support to a child, parent, spouse or common-law partner who has a serious medical condition with a significant risk of death. The six weeks of leave can be taken within a 26-week (six month) time frame.
NOTE: The Compassionate Care Benefit is responsive to business and accommodates business's ability to retain a skilled work force by bearing some of the cost of employees who take time off work to care for gravely ill or dying family members.
BEREAVEMENT LEAVE
4. Employees shall be granted seven (7) calendar days bereavement leave (5 days of which shall be paid) for the death of a spouse, child, parent, stepparent, stepchild, grandchild or sibling.
5. Employees shall be granted three (3) calendar days leave (2 days of which shall be paid) for the death of a legal guardian, grandparents, great-grandparents, aunts, uncles, spouse's parents, spouse's siblings, spouse's grandparents, or any other relative living in the household of the employee.
6. When the funeral cannot be held during the bereavement period an employee shall be granted an additional one day leave with pay. Where the travel to said funeral is in excess of 300 km there shall be an additional two days unpaid leave.
7. Where there are extenuating circumstances related to any bereavement leave additional un-paid leave shall be granted.
8. Pay for employees is to be determined as in clause 2 above.
9. If an employee is entitled to bereavement leave while on vacation or lieu time, the employee's vacation or lieu day(s) shall be reinstated.
10. Unpaid leave shall be granted to attend the funeral of a friend or a family member not listed in clauses 4 or 5 above.
COURT LEAVE
11. An employee, summoned to jury duty or subpoenaed as a witness, shall receive pay for scheduled hours, at the regular rate, for such days as they were scheduled to work. The employee shall return any monies paid to the employee for such duty as a jury member or for being a witness, to the Employer. The employee shall report to work when not required by the Court providing there is no less than two (2) hours remaining in their normal work shift. Time worked on the job in excess of eight (8) hours when combined with jury duty or as a witness, in one day, shall be considered overtime.
12. Time spent by employees appearing in court, at the request of the Employer, shall be considered as time worked and employees shall be paid accordingly by the Employer.
13. The Employer and the Union shall respectively pay for the wages of the witnesses they call to arbitration.
ARTICLE #20 - LEAVE OF ABSENCE
1. All employees with one (1) full year of service may request a leave of absence up to one (1) year without pay.
(a) Any requests that are four months or less must be submitted to and approved by the Centre/Head Office Manager.
(b) Leaves greater than four (4) months shall only be considered and approved by the Vice President of Human Resources.
2. Unpaid leaves shall include but not be limited to; military leave, political leave, educational leave, life-long learning leave, and extended compassionate leave.
3. All employees with one (1) or more years of service may request a leave of absence for extended vacation not to exceed four (4) weeks at any time. This leave must be taken in conjunction with regular vacation time and will be granted no more than once every two (2) years.
4. Employees shall not be entitled to a leave of absence for the purpose of working at another job. The only exception shall be to complete a mandatory educational practicum in order to either obtain a degree or to complete his/her education.
5. An employee failing to return to work after a leave of absence may be terminated.
6. Applications for a leave of absence must be submitted on the leave of absence request from to the Centre/Head Office Manager, preferably ninety (90) days but not less than twenty eight (28) days, prior to the start of the leave. The employee will be advised of the Employer's decision within seven (7) calendar days of the request.
7. Leaves may only be denied when it can be demonstrated that it is not operationally feasible. If the leave requested is denied, the employee will be advised in writing as to the reason. The decision may be appealed to the Vice President, Human Resources. Leaves originally denied by the VP Human Resources shall be appealed to the CEO.
8. The provisions of this Article shall not apply to unionized employees on a leave of absence in accordance with Article 6 (Time Off For Union Business).
9. Requests for leave of absence not covered by the above conditions shall be considered on a case by case basis.
10. Employees on any leaves of absence shall return to their substantive positions at the end of their leave.
11. Employees on benefits who are taking an unpaid leave of absence shall have their premiums paid (in accordance with Article 16) for the first month. In order to maintain benefits beyond the first month on the unpaid leave, employees shall pay one hundred percent (100%) of the premiums, by providing monthly post-dated cheques.
ARTICLE #21 - VACATIONS
1. Total vacation credits for all employees shall be based on the length of service up to and including April 30th each year.
2. All employees shall receive vacations with the appropriate pay as follows:
3. When a general holiday occurs during an employee's vacation, the employee shall receive an extra day of vacation with pay in lieu of such general holiday.
(a) After one (1) year continuous service, two (2) weeks vacation and four percent (4%) vacation pay.
(b) After three (3) years continuous service, three (3) weeks vacation and six percent (6%) vacation pay.
(c) After eight (8) years continuous service, four (4) weeks vacation and eight percent (8%) vacation pay.
(d) After thirteen (13) years continuous service, five (5) weeks vacation and ten percent (10%) vacation pay.
(e) After eighteen (18) years continuous service, six (6) weeks vacation and twelve percent (12%) vacation pay.
(f) After twenty-three (23) years continuous service, seven (7) weeks vacation and fourteen (14%) vacation pay.
(g) After twenty-eight (28) years continuous service, eight (8) weeks vacation and sixteen (16%) vacation pay.
4. Vacations shall be granted between May 1st and April 30th of each vacation year. If not previously scheduled by the employee, it is mutually agreed the fourth (4), fifth (5) sixth (6) seventh (7) and eighth (8) weeks of vacation for employees so entitled may be scheduled by the Employer at a time other than the basic three (3) weeks vacation.
5. For part-time employees, the first three (3) weeks of vacation shall be mandatory. Additional vacation weeks shall be as per this Article, recognizing that any unused vacation time shall be forfeited, but paid in accordance with this Article.
6. For part-time employees, the Employer shall pay out any remaining paid vacation time on the first pay period after April 30th.
7. Granting of vacation is done by "Classification" by centre / location. The only exceptions shall be departments where it is not possible for more than one (1) employee to be on vacation at any given time.
8. When requested by the employee, a minimum of two weeks in advance, vacation pay shall be paid to the employee at least one (1) day prior to the beginning of vacation.
9. Employees who have worked thirty (30) days but less than one (1) year, who terminate their employment, shall receive vacation pay of four (4) percent of the regular wages paid including general holidays earned for which no vacation pay has been paid. Employees entitled to two (2), three (3), four (4), five (5), six (6), seven (7), and eight (8) and weeks vacation who terminate their employment shall receive payment for vacation at four (4) percent, six (6) percent, eight (8) percent, ten (10) percent, twelve (12) percent, fourteen (14), and sixteen (16) respectively of the regular wages paid including general holidays earned by the employee during the period of employment for which no vacation pay has been paid.
10. Employees going from part-time to full-time or from full-time to part-time shall carry their vacation credits with them.
11. Employees on vacation shall not be called in or requested to work except through the call-in process. Employees have the right to refuse such request to work during vacation time.
12. An employee requested to work during their scheduled annual vacation shall be allowed to save that vacation time for use later in the year or credit it to the next vacation year. Employees may elect to receive pay for the time worked during their vacation instead.
13. When an employee is eligible for sick leave, bereavement leave or any other approved leave with pay during their vacation period, there shall be no deduction from their vacation credits for such leave. The period of vacation so displaced shall be taken at a mutually agreed time or credited for use in the next vacation year at the discretion of the employee.
14. The Employer agrees to provide vacation pay on a total compensation of a normal weeks pay. Total compensation shall mean all monies received directly from the Employer, which includes but is not limited to: wages, overtime, bonuses, premiums, vacation pay and special leaves.
15. For vacation purposes, a week is the period between midnight on Saturday to midnight on the following Saturday. Variations other than the parameters outlined above shall be by mutual agreement between the manager and the employee. Such requests can only be denied if it can be demonstrated that it is not operationally feasible. Where variations exist, regularly scheduled hours shall be reduced by vacation hours taken in that week.
16. All employees shall be entitled to single vacation days. Requests for such vacation shall be submitted at least two (2) weeks prior to the requested vacation day(s). Where it is not possible to provide two (2) weeks notice, the employee may still present a request for vacation day(s). All requests under this Clause shall only be denied when it can be demonstrated that it is not operationally feasible.
17. Where operational requirements permit, vacations shall be scheduled in conjunction with the employee's day(s) off preceding and on conclusion of vacation time. This shall only be denied when it can be demonstrated that it is not operationally feasible.
18. Employees shall receive at least one weekend off at either the beginning or the end of their vacation. This applies to vacations starting Sunday and ending Saturday only.
19. Employees shall not be scheduled past 6 pm on the day preceding the commencement of their scheduled vacation.
VACATION SCHEDULING PROCESS
20. Vacations shall be granted between May 1st and April 30th of each vacation year.
21. By January 15th each year, a vacation calendar shall be submitted to the employees requesting them to indicate their preference as to vacation dates.
22. By March 1st, each employee may choose up to three (3) weeks of eligible vacation time, which need not be consecutive. These requests shall be allocated on the basis of seniority. The Employer is not obligated to schedule the fourth, fifth, sixth, seventh or eighth weeks of vacation in conjunction with this initial choice.
23. By March 31st, the Department Manager must post a completed vacation schedule in a location where all employees of the department can view it. Failure to post said schedule by March 31st shall result in all submitted vacation requests being deemed to be approved.
24. Between March 31st and April 15th, the balance of the initial three (3) weeks not booked in the first offering of the vacation schedule, and any further time the employee is eligible for, may be requested. These requests shall be allocated on the basis of seniority for any vacant or vacated time periods. More than one (1) week booked at a time in this second offering is not required to be consecutive.
25. By April 30th, the Department Manager must post the final vacation schedule in a location where all employees in the department can view it. This vacation schedule shall remain posted for the vacation year. Failure to post said schedule by April 30th shall result in all submitted vacation requests being deemed to be approved.
26. Any requests after April 30th shall be granted on a first come, first serve basis.
27. Both parties agree that the vacation schedule must be practical in so far as the operation of the business is concerned. Therefore the Employer shall make the final decision. Vacation requests can only be denied if it can be demonstrated that it is not operationally feasible.
ARTICLE #22 - STATUTORY HOLIDAYS
1. The following days shall be considered statutory holidays for which there shall not be reductions in pay:
New Years Day, Family Day, Good Friday, Easter Sunday, Victoria Day, Canada Day, Heritage Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any other days proclaimed as holidays by Federal, Provincial or Civic Authorities.
Such pay shall include all applicable premiums.
2. Statutory holidays shall not be observed on days other than the calendar date so proclaimed by Federal, Provincial or Civic authorities.
3. Employees who work a statutory holiday shall be paid at two times (2x) the regular rate of pay for time worked in addition to the statutory holiday pay. All monies earned on a statutory holiday shall not be used to circumvent any other overtime entitlements.
4. Full-time employees shall receive eight (8) hours statutory holiday pay at their regular rate of pay, for the above mentioned statutory holidays, provided they have not been absent without authorization the work day immediately preceding or following the statutory holiday.
5. All part-time employees shall qualify for statutory holiday pay after thirty (30) days of employment. Employees shall be entitled to statutory holiday pay equal to the average shift worked in the previous four (4) weeks excluding weeks with vacation, sick leave, WCB and other approved Leaves of Absence. To calculate the average, take hours worked and divide by the number of shifts worked over the previous four (4) weeks. All part-time employees shall be entitled to four (4) hours minimum statutory holiday pay.
6. Casual employees shall qualify for statutory holiday pay after thirty (30) days of employment based on the following guidelines:
(a) A statutory holiday falls on a day that would, but for the statutory holiday, have been a working day for the employee and the employee does not work on that day, the employee shall be paid statutory holiday pay equal to the average shift worked by the employee in the previous nine (9) weeks. For the statutory holiday to be considered a regularly scheduled shift, the employee must have worked five (5) out of the previous nine (9) shifts on such a day immediately preceding the statutory holiday.
(b) Casual employees who have been employed for three (3) months or more and have worked an average of at least ten (10) hours per week in the four (4) weeks preceding the week in which the statutory holidays occurs, shall be paid statutory holiday pay equal to the average shift worked by the employee in the previous nine (9) weeks.
7. The Employer shall schedule all employees on a rotating basis in each classification for working statutory holidays, except by mutual agreement.
8. When a statutory holiday occurs, the basic workweek shall be reduced by eight (8) hours per statutory holiday for all employees. All hours worked in excess of the reduced hours of work for that week, shall be considered overtime (1.5x).
Example A: Thanksgiving Day is on Monday, so the workweek is now reduced to 32 hours. An employee is scheduled to work 40 hours on Monday through Friday. The employee would receive 32 hours at the regular hourly rate, plus 8 hours at two (2) times the regular hourly rate (for working the statutory holiday), plus applicable statutory holiday pay.
Example B: Family Day is on Monday, so the workweek is now reduced to 32 hours. An employee is scheduled to work 40 hours on Tuesday through Saturday. The employee would receive 32 hours at the regular hourly rate, plus 8 hours at the overtime (1.5) rate (for working in excess of 32 hours), plus applicable statutory holiday pay.
Example C: Christmas Day is on Friday and Boxing Day is on Saturday, so the work week is now reduced to 24. An employee is scheduled to work 36 hours the preceding Sunday through Thursday (Dec 20-24). The employee would receive 24 hours at the regular hourly rate, plus 12 hours at the overtime (1.5) rate (for working in excess of 24 hours), plus applicable statutory holiday pay.
ARTICLE #23 - DISCIPLINE
1. An employee may only be disciplined or dismissed for just cause.
2. All employees shall be considered and treated as innocent until proven guilty, especially during any interview, meeting, or investigation.
3. It is the responsibility of the Employer to maintain confidentiality regarding any disciplinary or investigative matters.
4. Union representation shall be mandatory for any meeting that may result in discipline or dismissal (this excludes verbal counseling).
5. Where union representation is mandatory the process shall be as follows:
(a) The Employer shall meet with the Authorized Union Representative and disclose the purpose of the meeting and any evidence relied upon.
(b) The employee and the Authorized Union Representative shall have the opportunity to meet and consult, in private, prior to any meeting with the Employer.
(c) This includes any investigative meetings undertaken prior to discipline.
(d) This applies to witnesses, even if they are not at risk of being disciplined.
(e) This clause does not prevent employees from initiating discussions with the Employer on any matter.
(f) Failure to comply with the requirements of this clause shall result in the forfeiture of the Employer's right to discipline.
6. In addition to clause 5 all employees shall have the right to request and receive the assistance of an Authorized Union Representative for any matter. This includes verbal counseling.
7. An Authorized Union Representative shall be provided from the employee's centre/location. If the employee is uncomfortable with the Authorized Union Representative an alternate shall be provided. If an alternate is required from a different centre/location, arrangements shall be made through the Chief Shop Steward or designate.
8. Prior to discipline being undertaken by the Employer, an investigative meeting shall be convened involving the affected employee, an Authorized Union Representative and a management representative to discuss the actions giving rise to discipline. All information pertaining to the matter shall be presented and discussed in the meeting to ensure that the appropriate action is undertaken. The final decision to proceed with discipline rests with the Employer.
9. Counseling is only to be corrective and educational and shall not be considered disciplinary. There are two levels of counseling:
(a) Verbal Counseling
(b) Written Counseling
The recording of training material provided shall not be used as counseling. For counseling to take place, an employee must have been sufficiently trained and subsequently not met that standard (as per Article 11, Training).
10. In the event that an employee is to be disciplined, the Employer and the Union recognize the use of Progressive Discipline. The Employer shall apply the discipline as per the procedures of the Progressive Discipline Manual, which is subject to negotiation and shall be signed by both parties. The level of discipline undertaken by the Employer shall be in consideration of the severity of the infraction and mitigating circumstances. The levels of Progressive Discipline are:
(a) Recorded Warning
(b) Written Reprimand
(c) Suspension
(d) Dismissal
11. All evidence relied upon for the disciplinary decision and the discipline letter shall be dated and signed by the employee. The Authorized Union Representative shall sign as a witness. Such signatures shall indicate receipt of the documentation but not necessarily agreement. A signed copy shall be given to the employee and the Authorized Union Representative at the time of the discipline. The Employer shall be responsible to send copies of the discipline and all documents used to the Union office.
12. The Employer's notes from or minutes of any meeting/incident shall not be signed or initialed by any employee or Authorized Union Representative. These are the Employer's recordings and not evidence.
13. The Employer shall notify the union office in writing within seven (7) calendar days of all cases of dismissal.
14. An employee's appraisal shall not be used for discipline purposes.
SECURITY INVESTIGATION PROCEDURES
15. Security investigations shall be applied in accordance with all of the above clauses. Security investigations shall be initiated at the sole discretion of the Employer. The Employer shall be responsible for conducting security interviews. Contracted security personnel shall not be present at any interviews with employees.
16. Employees who are the subject of an investigation and witnesses shall not be interviewed without a security trained Authorized Union Representative present. If a security trained Authorized Union Representative is not available, the Employer shall make arrangements for another security trained Authorized Union Representative to attend in accordance with the list as provided by the Union to Human Resources on a monthly basis. Wherever possible, the Employer will make prior arrangements with the Union for scheduling of security interviews.
17. Immediately prior to the onset of any security interview, The Employer shall advise the employee that he/she is the subject of a security investigation. The employee being investigated shall be advised if police involvement is anticipated. If the decision is to contact the police, the employee shall have a reasonable amount of time with his/her Authorized Union Representative and/or legal counsel, as this is now a criminal investigation. The Employer shall be solely responsible for contacting the police. All witness and security interviews shall be held in a private office.
18. The Employer shall disclose all the evidence in chronological sequence to the employee. Copies of video, other forms of surveillance, photographic evidence and all tape recordings shall be provided to the Authorized Union Representative. Human Resources shall provide copies of all evidence to the Union Office.
19. Any party may tape record the events of the investigation, including investigative discussions with the witnesses.
20. Through the investigative process, at the sole discretion of the Employer, the employee may be suspended without pay for up to three (3) calendar days, pending a final decision on the outcome of the investigation. Following the investigation the employee may be returned to work without loss of pay. Any application of this clause shall be subject to the grievance procedure.
21. The legal rights of any employee shall be maintained in accordance with the laws of Alberta and Canada. This shall include the principle of Natural Justice.
22. Failure to comply with the requirements of this article shall render the discipline or dismissal null and void.
ARTICLE #24 - GRIEVANCE PROCEDURE
GENERAL
1. Any complaint, disagreement, or difference of opinion between the parties hereto concerning the interpretation, application, operations, or any alleged violation of the terms of this Agreement, shall be considered a grievance.
2. Any employee, through his/her Authorized Union Representative or the Union on behalf of an employee, may present a grievance. Only Authorized Union Representative(s) shall file grievances.
3. All grievances shall be submitted in writing by the Authorized Union Representative and shall clearly set forth the alleged violation(s) of the Collective Agreement and requested settlement. A copy of the grievance shall be presented, in person, to the Centre / Head Office Manager or their designate.
4. Where the dispute concerns a policy established by the Employer, or there is no identifiable individual grievor, the Union may file a Policy Grievance, which is filed at Step 3.
5. Grievances shall be presented to the Employer within fourteen (14) calendar days from the event giving rise to the grievance or the point in time the employee should have reasonably known of the incident.
6. A claim by an employee that he/she has been discharged without just cause may be settled by an arrangement that is just and equitable in the opinion of the parties (Employer and Union).
7. Upon agreement by both parties, grievances may be filed directly at Step 2 or 3 where appropriate.
8. At Step 1 of the grievance, the Employer and the Union shall disclose all relevant information related to the grievance. Both parties agree that no information shall be withheld related to the resolution of the grievance throughout the grievance procedure up to and including arbitration.
STEP ONE (1)
9. A meeting shall take place between the aggrieved employee and/or an Authorized Union Representative and the Centre/Head Office Manager or their designate.
10. The Centre/Head Office Manager or designate shall render a written decision to the Union office and the Authorized Union Representative within seven (7) calendar days of the grievance being filed.
11. If the Employer fails to respond within the time period outlined in clause 10 the Union may forward the grievance to Step 2 in writing.
STEP TWO (2)
12. Failing agreement at Step 1, and within seven (7) calendar days of the Union receiving the Step 1 written decision, the Union may forward the grievance to Step 2.
13. A meeting shall take place between representative(s) of the Union Executive and the Labour Relations department. At the Union's discretion the grievor(s) may be present at this meeting.
14. A written decision on the matter shall be rendered within seven (7) calendar days of the meeting.
STEP THREE (3)
15. Failing agreement at Step 2, and within seven (7) calendar days of the Union receiving the Step 2 written decision, the Union may forward the grievance to Step 3.
16. A hearing shall take place between representative(s) of the Union Executive, the Labour Relations department and an Employer panel consisting of the VP of Human Resources and a Senior Representative from another division. This hearing shall be scheduled in consultation with the VP of Human Resources, within a maximum of twenty-one (21) calendar days from the date it is forwarded to Step 3. At the Union's discretion the grievor(s) may be present at this hearing.
17. A written decision on the matter shall be rendered within seven (7) calendar days from this hearing.
ARBITRATION
18. Failing agreement at Step 3, either party may refer, in writing, the grievance to arbitration. Such referral must be made within ninety (90) calendar days of the Union receiving the written decision from Step 3.
OTHER
19. Any specific time limit defined in this Article may be waived by written agreement between the Union Executive and the Employer.
20. If the aggrieved employee(s) is in attendance at any step of the grievance process all efforts will be made to hold the steps of the procedure during their scheduled time. Employees who are requested to attend during unscheduled time, shall be paid for the actual time of the meeting, at regular rates plus one half (1/2) hour travel time.
21. The Authorized Union Representative shall be paid by the Employer as per clause 20 for attending Step 1 meetings.
ARTICLE #25 - ARBITRATION
1. Within seven (7) days of the notification to proceed to arbitration as outlined in Article 24 (Grievance Procedure), an arbitrator shall be selected from the following list and their services requested in writing:
1. Andy Sims
2. Francis Price
3. Deborah M. Howes
4. Allen Ponak
5. Alan Beattie
6. Bill McFettridge
2. Arbitrators shall be assigned to grievances in rotation, in the order that grievances are moved to arbitration. If the parties agree that, because of his specialized knowledge, it would be beneficial to select a specific arbitrator to act in a dispute, they may jointly choose such a person. If they do not agree on the choice, the arbitrator shall be selected from the list of arbitrators in order of rotation.
3. Any or all of the selected arbitrators may be replaced by mutual agreement.
4. The arbitrator shall have the powers and authorities provided pursuant to the Labour Relations Code and shall hand down his decision within forty-five (45) calendar days of the conclusion of the hearing. Upon mutual agreement by both parties, an extension can be granted.
5. The findings and decision of the Arbitrator shall be binding and enforceable on all parties. Each party shall bear the cost of preparation of its own case. The parties shall bear equally the expense of the arbitrator.
ARTICLE #26 - ANNUAL PERFORMANCE APPRAISALS
1. Before delivering an employee's appraisal, all managers and supervisors shall inform the employee of this article and their right to have an Authorized Union Representative present.
2. The employee need not sign their appraisal at the time it is given. All employees shall receive a copy and have the opportunity to review it for seven (7) days before addressing their concerns with the appraiser.
3. If the employee has any concerns that are not addressed in the meeting between themselves and the appraiser, he/she may file a grievance.
4. An employee's appraisal shall not be used for discipline purposes.
ARTICLE #27 - PERSONNEL FILE
HUMAN RESOURCES FILE
1. There shall be a personnel file located at Head Office for each employee, maintained by the Employer. The responsibility for the contents of the file shall be borne by the Human Resources Division. All disciplinary documents, in accordance with Article 23 (Discipline), shall contain signatures of the employee and an Authorized Union Representative in order to be valid and form part of the employee's personnel file. Signatures shall indicate receipt of the documentation but not necessarily agreement. Supporting documents for discipline not containing the employee's signature shall not form part of the employee's personnel file. Positive feedback given or received by the Employer shall also be initialed by the employee and retained on their personnel file at Human Resources for the duration of their employment.
2. An employee may examine his/her personnel file, which includes the medical file and recruitment files, and shall have access to all documentation upon request. This shall be done at an arranged time and in the presence of the Employer. Except where relating to a grievance, this shall be on unpaid time. The employee may request that any full-time Union Executive or their designate be present at the time of such examination. An employee or any full-time Union Executive or their designate shall be permitted to take copies of any portion of the file except for the medical file, which requires written consent from the employee.
CENTRE/LOCATION FILE
3. There shall be a personnel file for each employee located in a locked or secured area at the respective centre/location maintained by the manager. The responsibility for the contents of the file shall be borne by the manager. The contents of this file shall be confidential and shall only include documentation that the employee is aware of and has signed. This includes notes from verbal conversations between the manager and the employee. As PBA sheets will be placed in an employee's file they shall be considered part of the personnel file and treated as such. Signatures shall indicate receipt of the documentation but not necessarily agreement. Positive feedback given or received by the Employer shall also be initialed by the employee and a copy retained on their personnel file at their Centre/Location for the duration of their employment.
4. No unionized employee shall be permitted to have access to any other unionized employee's file. Unionized supervisors shall only have access to current PBA sheets for maintaining the sheets and writing appraisals. These shall be kept in a locked and secure place.
5. An employee may examine his/her personnel file, on paid or unpaid time and shall have access to all documentation upon request. This shall be done at an arranged time and in the presence of a manager. The employee may request that an Authorized Union Representative be present at the time of such examination. An employee or Authorized Union Representative shall be permitted to take copies of any portion of the file.
6. Each time the employee is not present, he/she shall provide written consent permitting an Authorized Union Representative to examine such file or take copies of any portion of the file. This written consent shall then form part of the employee's personnel file.
FILE ACTIVITY
7. In accordance with Article 23 (Discipline), all documentation contained in personnel files shall remain active on the file for one (1) year. After one (1) year incident free the document(s) shall be deemed inactive. Inactive documents after one (1) year shall be purged from the employee's file and shredded.
8. The only exception to clause 7 above shall be for major rule violations, which have resulted in suspension. In these cases, the documentation shall remain active for two (2) years. After two (2) years incident free, the documents shall be purged from the employee's file and immediately shredded. <