MEMORANDUM

AGREEMENT

Between

UNION OF CALGARY

CO-OPERATIVE EMPLOYEES

And

CALGARY CO-OPERATIVE

ASSOCIATION LIMITED

COVERING THE PERIOD

JULY 17, 2004

TO

OCTOBER 24, 2009

DATE OF RATIFICATION OCTOBER 24, 2005

ARTICLE	TOPIC	PAGE
1	General Purp General Purpose	4
2	Definitions	5
3	Scope	7
4	Management Recognition	9
5	Union Recognition	10
6	Union Membership and Dues Check Off	13
7	Annual Performance Appraisals And Appeal Process	14
8	Hours of Work	15
9	Scheduling / Position Management	19
10	Employee Placement	26
11	Probation / Trial Period	33
12	Seniority	35
13	Personnel File	37
14	Employee Displacement	39
15	Employee Benefits	44
16	Sick Leave	46
17	Maternity, Parental and Adoption Leave	47
18	Special Leave (Bereavement, Court)	50
19	Leave of Absence	51
20	Vacations	52
21	General Holidays	55
22	Discipline	57
23	Grievance Procedure	60
24	Arbitration	62
25	Time Off For Union Business	63
26	Health & Safety	65
27	Joint Committees	66
28	Harassment & Discrimination	68
29	Effective Date & Term	72
30	Wages & Classification	73
	Schedule �A� � Pre Ratification Wage Scale	75
	- Post Ratification Wage Scale	90
	Schedule �B� � Premiums	102
	Schedule �C� - Pay Notes	103
31	Special Placement and Work Experience	104
	Letters of Agreement
LOA #1	Compressed Work Week 10 Hour Shifts	107
LOA #2	Compressed Work Week 12 Hour Shifts	109
LOA #3	Shared Meat Cutters	111
LOA #4	Facing and pulling cardboard	112
LOA #5	GUC�s	113
LOA #6	5-5-4 Compressed Work Week (Head Office)	114
LOA #7	Gas Bar Supervisor Trainees	116
LOA #8	Meat Utility Clerks	117
LOA #9	Attendance Management Report	118

ARTICLE	TOPIC	PAGE
	G
	Gas Bar Janitor/Pump Attendant	119
LOA	Conversion of B Meat Cutters To Full - Time	120
LOA	Gas Bar Service Clerk/Pump Attendant Premium	121
MOU	Memorandum of Understanding RE: Meat Cutter Trainee Program	122
	Education Assistance Agreement	124
WRA	Wage Re-Opener Agreement	126
	Attachment A	130
	Wage Schedule Effective February 25, 2007	131
LOA	Wage Re-Opener � Letter of Agreement	138
	Notes	140
	2007 Calendar	143
	2008 Calendar	144
	2009 Calendar	145

ARTICLE #1 - GENERAL PURPOSE

1.1 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.

1.2 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 - DEFINITIONS

Ability - Refers to the candidate�s relative strengths in the identified performance skills, which flow from the job description

Actual Work � all hours actually worked (this excludes paid sick time, vacation time, etc)

Alternative Employment � a position in a different classification than their substantive.

Authorized Union Representative (�AUR�) � a person hired by the union to act as their agent or an employee elected by fellow employees or an employee appointed by the union to represent them in dealings with management and to maintain the collective agreement and union rules.

Average Hours - The average weekly hours shall be determined by the actual regular paid hours over the last fifty-two (52) weeks

Category � Refers to (A) full-time, (B) part-time (C) casual

Classification - An employee group that shares the same job description

Emergency Situation � a situation or occurrence of a serious nature, developing suddenly and unexpectedly, and demanding immediate action.

Fitness - Refers to the candidate�s suitability or �fit� relative to the identified performance skills, which flow from the job description. Some examples are leadership, being able to meet the environmental conditions etc�

Hours Worked � all hours worked by an employee (article 8).

Medical Documentation � certificate provided by a registered medical physician requested by the Employer.

Merit - Refers to the candidate�s past performance and conduct and assessment of that performance and embodies the concept above average performance and deserving of reward due to this performance level.

Own Centre Recommendation. (OCR) - An internal form used to provide performance related information on applicants for non-supervisory positions. The form also recommends whether the applicant is recommended for the position for which they have applied.

Own Centre Supervisory Recommendation. (OCSR). - An internal form used to provide detailed performance related information on applicants for supervisory positions. The form also recommends whether the applicant is recommended for the position for which they have applied.

Operational Needs/Requirements - A requirement for running a successful business operation. Because of necessity, certain actions have to happen to accomplish the goals and objectives of the business.

Permanent Position � a position that has an indeterminate end date.

Position � A job in a department, which is unique, as designated by the location, department, category, classification, minimum guaranteed hours, and wage range.

Regular Paid Hours � includes regular hours worked, modified hours, paid vacation, general holiday pay, regular lieu time taken and training time. It does not include overtime, premiums, bonus and lump sum payments, paid sick leave, bereavement leave, court leave (as per clause 18.6) or paid miscellaneous leaves.

Rehire � To employ a person who has had a break in service of more than 92 days

Reinstate - To return a former employee to employment within 92 days

Restructuring � to change the makeup, organization or pattern of a department.

Seniority (Bargaining Unit) - Length of continuous service with the employer in the bargaining unit. The amount of continuous service spent while in a unionized position within the company.

Substantive Position - An employee�s actual job. The position in which an employee belongs to. For example, an employee may take a temporary position elsewhere in the company but will return to their original position and location at the end of their tenure in the temporary position.

Temporary Position - The vacancy of a position that exists only for an anticipated period of time not to exceed 125 days.

Temporary Appointment � A situation where an employee moves into another position, either a permanent or temporary position, for a period of time and upon completion of the appointment returns to their previous position. This situation may include an external applicant hired into a temporary position.

Transfers -Movements within a classification. The movement of an employee to a position with the same regular hourly pay rate as their present position.

Uninterrupted � article 8 � continuous with no break.

Vacation Pay � calculated utilizing the percentages contained in Clause 20.2 and regular paid hours in the previous year.

ARTICLE #3 � SCOPE

3.1 This agreement shall cover all eligible employees employed by the Employer in connection with its places of business located in Calgary and surrounding area, including Strathmore and Airdrie, pursuant to Alberta Labour Relations Board Certificate #369-2001 issued November 22, 2001.

3.2 This Collective Agreement shall not apply to persons who are agreed by the parties (as listed in Addendum A, confidential exclusions) or positions that are agreed to by the parties (as listed in Addendum B, managerial exclusions and Addendum C, other exclusions) or who the Alberta Labour Relations Board determines to be excluded from the bargaining unit under the provisions of the Alberta Labour Relations Code.

3.3 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 included in Addendums A, B and C. Any changes to persons in Addendum �A� shall not be subject to an Alberta Labour Relations Board determination.

3.4 All persons who are hired into newly created permanent, temporary or contractual positions or any positions in Addendum A or B that are modified after the Addendums are created, 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.

ADDENDUM �A� - CONFIDENTIAL PERSONS

Executive Assistant Confidential HR Assistant

Corporate Auditor Labour Relations Officer

Recruitment Officer 2 Recruitment Officer 1

Recruitment Officer 3

ADDENDUM �B� - MANAGEMENT POSITIONS

Manager, Corporate Audit Services Accounting Managers

Administration Services Manager Recruitment Director

Compensation & Benefits Director Labour Relations representatives

Creative Services Manager Member & Public Relations Director

Director Information Services Applications Development & Support Manager

Technical Support Manager Pharmacy Director

Travel Director Petroleum Director

Grocery Director Bakery Director

Deli Director Produce Director

Meat Director Liquor / GM Director

Operations Director District Managers

Centre Managers Assistant Centre Managers

Pharmacy Managers Travel Managers

Grocery Managers Meat Managers

Produce Managers Bakery Managers

Deli Managers Bakery / Deli Managers

Gas Bar Managers Liquor Store Managers

Training Manager

Project Manager

ADDENDUM �C� - OTHER EXCLUSIONS

HR Training Officer Confidential HR File Clerk

Confidential Marketing Assistant HR Compensation & Benefits Officer

Payroll Supervisor Payroll Assistants

Systems Analysts P.O.S. Coordinator

Computer Operators Data Control Administrator

Network Administrator Stationary & Support Services Manager

Creative Services Administrator Creative Services Graphic Designers

HBC / Liquor / GM Marketing Coordinator Meat Marketing Coordinator

Grocery Marketing Coordinators Bakery / Deli Marketing Coordinator

Manager, Real Estate & Development Store Design Planner

Purchasing Manager, Fixtures & Equipment Property Manager

Member & Public Relations Assistant 1-1 Management Trainees

Data Base Administrator Project Coordinator

Commodity Coordinators

THE FOLLOWING ARE EXCLUDED FROM NOTIFICATION OF CLAUSE 3

Travel Consultants Pharmacists

Pharmacy Technicians Pharmacist Interns

Technician Interns

ARTICLE #4 - MANAGEMENT RECOGNITION

4.1 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

5.1 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.

5.2 The Union recognizes the responsibility of its members to perform their respective duties for the Employer and at all times carry out their individual responsibilities in accordance with the Policies and Procedures established by the Employer and in accordance with the Collective Agreement. In the event of a conflict, the Collective Agreement shall prevail.

5.3 The Employer shall recognize all persons elected or appointed to the Union Executive and elected, hired or appointed Authorized Union Representatives.

5.4 The Employer agrees to recognize Authorized Union Representatives at each centre/location based on the formula of one (1) Authorized Union Representative for every fifty (50) employees or part thereof. These Authorized Union Representatives shall be employees of the centre/location that they represent.

5.5 The Employer shall make every effort to use Authorized Union Representatives from within the centre/location during their scheduled shifts. When an Authorized Union Representative is required outside of their scheduled shift(s) or there is no Authorized Union Representative at that location, the Employer shall contact the Union office and the following shall apply:

a. The Union shall supply an alternate Authorized Union Representative within twenty-four (24) hours.

b. In emergency situations, an Authorized Union Representative shall be provided as soon as possible. In the event that the Union is not available the Employer shall contact other centres to arrange for an alternate Authorized Union Representative.

c. Where it is necessary for the Union to provide an alternate Authorized Union Representative the Employer is not responsible for the cost.

5.6 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.

5.7 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.

5.8 Authorized Union Representatives shall be permitted entry to the Employer�s premises to carry out their legitimate duties, i.e. distributing newsletters. 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.

5.9 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.

5.10 The Employer agrees that Authorized Union Representatives shall not be prevented or hindered in the accomplishment of their duties in accordance with the provisions of the Collective Agreement.

5.11 Employees and/or Authorized Union Representatives shall not engage in Union activity, i.e. campaigning on Employer property during hours of operation except as expressly provided for in this agreement. In order to meet the obligations of this agreement, such activity shall be conducted during rest periods and meal periods in designated areas.

5.12 No employee 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.

5.13 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 or pins (with the UCCE logo) or ribbons as part of their uniform. The buttons shall not exceed 1.5 inches in diameter and the pin or ribbon shall not exceed an overall width of 1 inch or length of 2 inches. Any other Union authorized accessories must be agreed with the Employer.

5.14 The Union shall participate in all Phase II 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. Presentation 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. The Union�s presentation shall follow a brief introduction by a representative of the Employer at the onset of the meeting. If the Union presenter is not present within 10 minutes of the scheduled start time for the orientation, the Union�s presentation will be deferred to the next point in the orientation where there is a change in subject matter.

5.15 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, including lieu/bank time.

g. Weekly report on all staff movements in the Association including placement list, transfers and selections

h. Copies of all postings

i. Copies of all non-union appointments