Common use of Public Holidays Clause in Contracts

Public Holidays. (a) All employees covered by this Agreement are entitled to a holiday with pay on the following public holidays, namely: New Year's Day, Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any other day appointed by Council of the City of Vancouver to be a civic holiday. PROVIDED THAT: (i) whenever one of the aforementioned public holidays falls on a Saturday or a Sunday and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holiday be observed on a day other than Saturday or Sunday, then the day so proclaimed shall be read in substitution for such public holiday but if there is no such proclamation by either of such governments or the proclamations of such governments do not proclaim the same day for the observance of such public holiday then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay; EXCEPT THAT: whenever Christmas Day and Boxing Day fall on a Saturday and Sunday respectively and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holidays be observed on two (2) days other than Saturday and Sunday, then the days so proclaimed shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments in respect of one of such public holidays then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if there is no such proclamation by either of such governments in respect of both of such public holidays, then the employees shall be entitled either to a holiday with pay in lieu of Christmas Day on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such public holidays, or either of them, at their respective regular rates of pay at the option of the Employer. (ii) Notwithstanding anything contained in this Clause 10.3(a) whenever one of the aforementioned public holidays, other than Christmas Day and Boxing Day, falls on a Saturday or Sunday, instead of having all the employees observe the public holiday on the same day the Employer may declare both the Friday immediately preceding such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Employer in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by the Employer and the remainder of the employees shall be entitled to a holiday with pay in lieu of such public holiday on the Monday named by the Employer. (b) An employee who is required to work on a public holiday which falls on or is observed from Monday to Friday inclusive, shall be given credit for eight (8) hours of straight time in lieu thereof. For the purposes of this Clause 10.3(b) a public holiday does not include a holiday declared by the Employer pursuant to Clause 10.3(a)(ii) unless the employee is entitled to that holiday with pay in lieu of a public holiday.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Public Holidays. (a) All employees covered by this Agreement are Regular Full-Time Employees and Temporary Full-Time Employees shall be entitled to a holiday with pay pay, upon the commencement of their employment, on the following public holidays, namelyPublic Holidays: New Year's Day, Family Day*, Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any other day appointed by Council of the City of Vancouver Employer. *If/when Family Day ceases to be a civic holidayprovincial public holiday under the laws of British Columbia, Family Day will no longer be considered a Public Holiday. PROVIDED THATProvided that: (ib) whenever When one of the aforementioned above-mentioned public holidays falls fall on a Saturday or a Sunday and the Government of Canada and the Government of the Province of British Columbia Columbia, or either of them in the absence of the other, proclaim that such public holiday shall be read in substitution for such public holiday: Save and exempt that: Whenever one of the aforementioned public holiday falls on a Saturday or a Sunday and neither the Government of Canada nor the Government of the Province of British Columbia proclaims that such public holiday be observed on a day other than Saturday or Sunday, then the day so proclaimed shall be read in substitution for such public holiday but if there is no such proclamation by either of such governments or the proclamations of such governments do not proclaim the same day for the observance of such public holiday, then not less than seven (7) calendar days prior to that public holiday, the Director shall notify each Employee affected thereby they may have ready access to and see the same, designating the Employee’s holiday then entitlement in accordance with one of the Employer shall designate either following methods: (i) one day’s pay at their regular rate of pay, or (ii) a holiday with pay within the Friday immediately preceding calendar year in which such public holiday falls, on any normal working day which immediately precedes or immediately follows one of the Monday immediately following Employee’s normal rest days or one of the same as public holidays hereinbefore defined. (c) If a Public Holiday falls on a regular working day while an Employee is on annual vacation, the Employee shall receive one (1) additional day to observe such public holiday and the employees shall be entitled to a holiday of vacation with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay; EXCEPT THAT: whenever Christmas Day and Boxing Day fall on a Saturday and Sunday respectively and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holidays be observed on two (2) days other than Saturday and Sunday, then the days so proclaimed shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments in respect of one of such public holidays then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if there is no such proclamation by either of such governments in respect of both of such public holidays, then the employees shall be entitled either to a holiday with pay in lieu of Christmas Day on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such public holidays, or either of them, at their respective regular rates of pay at the option of the Employersaid Public Holiday. (iid) Notwithstanding anything contained in this Clause 10.3(a) whenever one of the aforementioned public holidays, other than Christmas Day and Boxing Day, falls on If a Saturday Regular Full-Time Employee or Sunday, instead of having all the employees observe the public holiday on the same day the Employer may declare both the Friday immediately preceding such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Employer in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by the Employer and the remainder of the employees shall be entitled to a holiday with pay in lieu of such public holiday on the Monday named by the Employer. (b) An employee who Temporary Full-Time Employee is required to work on a public holiday Public Holiday which falls on or is observed on any day from Monday to Friday inclusive, then that Employee shall be paid for the Public Holiday at the normal rate of pay and be given credit for eight (8) hours of straight time in lieu thereof. For the purposes of this Clause 10.3(b) a public holiday does not include paid day and a holiday declared by the Employer pursuant to Clause 10.3(a)(ii) unless the employee is entitled to that holiday with pay half off in lieu of a public holidaythe Public Holiday.

Appears in 2 contracts

Sources: Memorandum of Agreement, Collective Agreement

Public Holidays. (a) All employees covered by this Agreement Provided an employee has worked at least fifteen (15) of the last thirty (30) days prior to the public holiday, Regular Full-Time Employees are entitled to a holiday with pay on the following public holidays, namely: New Year's Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day Day, and any other day appointed by Council of the City of Vancouver to be a civic holiday. PROVIDED THAT: (i) whenever one of the aforementioned public holidays falls on a Saturday or a Sunday and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holiday be observed on a day other than Saturday or Sunday, Sunday then the day so proclaimed shall be read in substitution for such public holiday but if there is no such proclamation by either of such governments or the proclamations of such governments do not proclaim the same day for the observance of such public holiday then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay; EXCEPT THAT: whenever Christmas Day and Boxing Day fall on a Saturday and Sunday respectively and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holidays be observed on two (2) days other than Saturday and Sunday, Sunday then the days so proclaimed shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments in respect of one of such public holidays then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if there is no such proclamation by either of such governments in respect of both of such public holidays, then the employees shall be entitled either to a holiday with pay in lieu of Christmas Day on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such public holidays, or either of them, at their respective regular rates of pay at the option of the Employer. (ii) Notwithstanding anything contained in this Clause 10.3(a) whenever one of the aforementioned public holidays, other than Christmas Day and Boxing Day, falls fall on a Saturday or Sunday, instead of having all the employees observe the public holiday on the same day the Employer may declare both the Friday immediately preceding such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Employer in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by the Employer and the remainder of the employees shall be entitled to a holiday with pay in lieu of such public holiday on the Monday named by the Employer. (iii) In order to be eligible for the paid holiday, employees must be on duty or on paid leave either the working day immediately preceding or immediately following the holiday, or if on an approved leave, have worked at least fifteen (15) of the previous thirty (30) working days. Compensation for public holidays is included in the benefit payment for individuals in receipt of weekly disability benefits. Although an employee receives eight (8) hours' pay for a public holiday, it shall not be considered as eight (8) hours worked. (b) An employee who Subject to Clause 10.3(c) if a Regular Full-Time Employee in the classification of Watchperson, or Automotive Service Worker (Police), whose duties normally require work on public holidays, is required to work on a any public holiday defined in Clause 10.3(a) which falls on or is observed on any day from Monday to Friday Friday, inclusive, then the employee shall be paid the regular pay for the holiday and in addition thereto be given credit for eight (8) compensating time off equivalent to one and one-half times the number of hours of straight time in lieu thereofworked on the holiday. For the purposes of this Clause 10.3(b) a public holiday does not include a holiday declared by the Employer pursuant to Clause 10.3(a)(ii) unless the If an employee is entitled required to that holiday with pay work on the day off given in lieu of a public holiday, pursuant to the provisions of this Clause 10.3(b), then in lieu of such holiday, the employee shall be paid the regular pay for the public holiday plus double the employee's regular rate of pay for the hours worked on such day off. Time worked on a public holiday or on the day off given to the employee in lieu of a public holiday shall not be treated as overtime except as provided in Clauses 7.1, 7.2 and 7.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Public Holidays. (a) All employees covered by this Agreement are ‌ 13.1 Subject to Clause 13.1(e), all Regular Full-Time Employees and Temporary Full-Time Employees shall be entitled to a holiday with pay on the following public holidays, namely: , New Year's Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any other day appointed by Council of the City of Vancouver to be a civic holiday. PROVIDED THAT: (ia) whenever Whenever one of the aforementioned above-mentioned public holidays falls on a Saturday or a Sunday and the Government of Canada and the Government of the Province of British Columbia Columbia, or either of them in the absence of the other, proclaim that such public holiday be observed on a day other than Saturday or Sunday, then the day so proclaimed shall be read in substitution for such public holiday; SAVE AND EXCEPT THAT: Whenever one of the aforementioned public holidays falls on a Saturday or a Sunday and neither of the Government of Canada nor the Government of the Province of British Columbia proclaims that such public holiday but if there is no such proclamation by either of such governments be observed on a day other than Saturday or Sunday, or the proclamations of such governments Governments do not proclaim the same day for the observance of such public holiday, then not less than seven (7) calendar days prior to that public holiday then the Employer shall designate either post a notice or notices in conspicuous places so that each employee affected thereby may have ready access to and see the Friday immediately preceding such public same, designating the employee's holiday or entitlement in accordance with one of the Monday immediately following methods: (i) one (1) day's pay at the same as the day to observe such public holiday and the employees shall be entitled to employee's regular rate of pay, or (ii) a holiday with pay within the calendar year in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay; EXCEPT THAT: whenever Christmas Day and Boxing Day fall on a Saturday and Sunday respectively and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that which such public holidays be observed falls, on two (2) days other than Saturday and Sunday, then the days so proclaimed shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments in respect of one of such public holidays then the Employer shall designate either the Friday any normal working day which immediately preceding such public holiday precedes or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if there is no such proclamation by either of such governments in respect of both of such public holidays, then the employees shall be entitled either to a holiday with pay in lieu of Christmas Day on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such public holidays, or either of them, at their respective regular rates of pay at the option of the Employer. (ii) Notwithstanding anything contained in this Clause 10.3(a) whenever imme- diately follows one of the aforementioned public holidays, other than Christmas Day and Boxing Day, falls on a Saturday employee's normal rest days or Sunday, instead one of having all the employees observe the public holiday on the same day the Employer may declare both the Friday immediately preceding such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Employer holidays hereinbefore defined in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by the Employer and the remainder of the employees shall be entitled to a holiday with pay in lieu of such public holiday on the Monday named by the Employerthis paragraph 13.1. (b) In the case of an employee's termination of service for any reason, adjustment will be made for any over-compensation provided under paragraph (a)(ii) herein. (c) Prior to the posting of any notice advising the employees of their entitlement under paragraph (a) herein, the Employer will afford the Union an opportunity to discuss the substance of the notice. (d) Notwithstanding receipt of a day's pay for a public holiday, it shall not be considered as time worked for the purpose of calculating overtime. (e) An employee who will be paid for a public holiday only if the employee works on the scheduled working day prior to and the scheduled working day after such holiday, providing the employee is not sick, on compensation, on annual vacation, or on authorized leave of absence. (f) An employee required to work on a public holiday which falls on or is observed from shift other than Monday to Friday inclusive, shall be given credit for eight (8) hours of straight time in lieu thereof. For the purposes of this Clause 10.3(b) a granted all public holiday does not include a holiday declared by the Employer pursuant to Clause 10.3(a)(ii) unless the employee is entitled to that holiday holidays with pay as provided in lieu of a public holidayClause 13.1.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Public Holidays. (a) All employees covered by this Agreement are hired on a full-time continuous basis shall be entitled to a holiday with pay upon the commencement of their employment on the following public holidays, namely: New Year's Day, Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Remem- brance Day, Christmas Day, Boxing Day and any other day appointed by Council of the City of Vancouver to be a civic holiday. PROVIDED THAT: (i1) whenever Whenever one of the aforementioned above-mentioned public holidays falls on a Saturday or a Sunday and the Government of Canada and the Government of the Province of British Columbia Columbia, or either of them in the absence of the other, proclaim that such public holiday be observed on a day other than Saturday or Sunday, then the day so proclaimed shall be read in substitution for such public holiday; SAVE AND EXCEPT THAT: Whenever one of the aforementioned public holiday but if there is no falls on a Saturday or a Sunday and neither the Government of Canada nor the Government of the Province of British Columbia proclaims that such proclamation by either of such governments public holiday be observed on a day other than Saturday or Sunday, or the proclamations of such governments do not proclaim the same day for the observance of such public holiday, then not less than seven (7) calendar days prior to that public holiday, the Corporation shall post a notice or notices in conspicuous places so that each employee affected thereby may have ready access to and see the same, designating the employee's holiday then entitlement in accordance with one of the Employer shall designate either following methods: (.01) one day's pay at his regular rate of pay, or (.02) a holiday with pay within the Friday immediately preceding calendar year in which such public holiday falls, on any normal working day which immediately precedes or immediately follows one of the Monday immediately following employee's normal rest days or one of the same as public holidays hereinbefore defined in this Article 6.3(a). (2) In the day case of an employee's termination of service for any reason, adjustment will be made for any overcompensation provided under Section 6.3(a)(1)(.02) herein. (3) Prior to observe such public holiday and the posting of any notice advising the employees of their entitlement under Section 6.3(a)(1) herein, the Corporation will afford the Union an opportunity to discuss the substance of the notice. (b) If a Public Holiday falls on a regular working day while an employee is on annual vacation, the employee shall be entitled to a holiday receive one (1) additional day of vacation with pay in lieu of such the said Public Holiday. (c) Subject to Article 6.3(e), the following provisions shall apply to the employees hereinafter specified whose duties normally require them to work on public holidays or on scheduled shift work: (1) if employee(s), whose duties normally require them to work on public holidays or on scheduled shift work (but not including an employee who regularly works on day shift from Monday to Friday inclusive), is required to work on any public holiday as provided in Article 6.3(a) which falls on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay; EXCEPT THAT: whenever Christmas Day and Boxing Day fall on a Saturday and Sunday respectively and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holidays be is observed on two (2) days other than Saturday and Sunday, then the days so proclaimed shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments in respect of one of such public holidays then the Employer shall designate either the any day from Monday to Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if there is no such proclamation by either of such governments in respect of both of such public holidaysinclusive, then the employees shall be entitled either paid the regular pay for the holiday and in addition thereto shall be given compensating time off equivalent to a holiday with pay in lieu one and one-half (1½) times the number of Christmas Day hours worked on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such that public holidays, or either of them, at their respective regular rates of pay at the option of the Employer.holiday; (ii2) Notwithstanding anything contained in this Clause 10.3(a) whenever one of the aforementioned public holidays, other than Christmas Day and Boxing Day, falls on a Saturday or Sunday, instead of having all the employees observe the public holiday on the same day the Employer may declare both the Friday immediately preceding if such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Employer in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by the Employer and the remainder of the employees shall be entitled to a holiday with pay in lieu of such public holiday on the Monday named by the Employer. (b) An employee who is required to work on a public holiday which falls on or is observed from Monday to Friday inclusive, shall be the day off given credit for eight (8) hours of straight time in lieu thereof. For the purposes of this Clause 10.3(b) a public holiday does not include a holiday declared by the Employer pursuant to Clause 10.3(a)(ii) unless the employee is entitled to that holiday with pay in lieu of a public holiday, pursuant to the provisions of this Article 6.3(c), then in lieu of such holiday the employee shall be paid the regular pay for the holiday plus double the hourly rate of pay of the employee computed on the basis of the normal working hours for the hours worked on such day off; (3) time worked on a public holiday or on the day off given to the employees in lieu of a public holiday pursuant to the provisions of this Article 6.3(c) shall not be treated as overtime except as provided in Article 4.11(a), and (b). (d) Whenever a public holiday defined in Article 6.3(a) falls on a Saturday or Sunday and is observed on any day from Monday to Friday, the day on which such holiday is observed shall, for the purposes of those employees referred to in Article 6.3(c), be deemed to be a public holiday and if such employees work on the Saturday or Sunday they shall not be entitled to public holiday premium pay for work on either of those days.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Public Holidays. (a) All Subject to Clause 6.3(b) the employees covered by this Agreement are shall be entitled to a holiday with pay on the following public holidays, namely: New Year's Day, Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day Day, and any other day appointed by Council of the City of Vancouver to be a civic holiday. PROVIDED THAT: (i) whenever one of the aforementioned public holidays falls on a Saturday or a Sunday and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holiday be observed on a day other than Saturday or Sunday, Sunday then the day so proclaimed shall be read in substitution for such public holiday but if there is no such proclamation by either of such governments or the proclamations of such governments do not proclaim the same day for the observance of such public holiday then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay; EXCEPT THAT: whenever Christmas Day and Boxing Day fall on a Saturday and Sunday respectively and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holidays be observed on two (2) 2 days other than Saturday and Sunday, Sunday then the days so proclaimed shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments in respect of one of such public holidays then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if there is no such proclamation by either of such governments in respect of both of such public holidays, then the employees shall be entitled either to a holiday with pay in lieu of Christmas Day on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such public holidays, or either of them, at their respective regular rates of pay at the option of the Employer. (ii) Notwithstanding anything contained in this Clause 10.3(a6.3(a) whenever one of the aforementioned public holidays, other than Christmas Day and Boxing Day, falls on a Saturday or Sunday, instead of having all the employees observe the public holiday on the same day the Employer may declare both the Friday immediately preceding such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Employer in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by the Employer and the remainder of the employees shall be entitled to a holiday with pay in lieu of such public holiday on the Monday named by the Employer. (b) An employee whose duties normally require the employee to work on public holidays and who is required to work on a any public holiday as provided for in Clause 6.3(a) which falls on or is observed on any day from Monday to Friday inclusive, inclusive shall be paid the employee's regular pay for the holiday and in addition thereto shall be given credit for eight compensating time off equivalent to 1½ (8) one and one- half) times the number of hours of straight time worked on that holiday. If such employee is required to work on the day off given in lieu thereofof a public holiday, pursuant to the provisions of this Clause 6.3(b), then in lieu of such holiday the employee shall be paid regular pay for the holiday plus double the hourly rate of pay of the employee computed on the basis of the normal working hours for the hours worked on such day off. For the purposes of this Clause 10.3(b6.3(b) a public holiday does not include a holiday declared by the Employer pursuant to Clause 10.3(a)(ii6.3(a)(ii) unless the employee is entitled to that holiday with pay in lieu of a public holiday.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Public Holidays. (a) All employees covered by this Agreement are Regular Full-Time Employees and Temporary Full-Time Employees shall be entitled to a holiday with pay on the following public holidays, namely: New Year's Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day Day, and any other day appointed by Council of the City of Vancouver to be a civic municipal holiday. PROVIDED THAT: (ia) whenever one of the aforementioned above-mentioned public holidays falls on a Saturday or a Sunday and the Government of Canada and the Government of the Province of British Columbia Columbia, or either of them in the absence of the other, proclaim that such public holiday be observed on a day other than Saturday or Sunday, then the day so proclaimed shall be read in substitution for such public holiday; SAVE AND EXCEPT THAT: whenever one of the aforementioned public holidays falls on a Saturday or a Sunday and neither the Government of Canada nor the Government of the Province of British Columbia proclaims that such public holiday but if there is no such proclamation by either of such governments be observed on a day other than Saturday or Sunday, or the proclamations of such governments do not proclaim the same day for the observance of such public holiday, then not less than seven (7) calendar days prior to that public holiday, the City shall post a notice or notices in conspicuous places so that each employee affected thereby may have ready access to and see the same, designating the employee's holiday then entitlement in accordance with one of the Employer shall designate either following methods: (i) one (1) day's pay at the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to regular rate of pay, or (ii) a holiday with pay within the calendar year in lieu of which such public holiday falls, on the any normal working day so designated, which immediately precedes or pay the employees in lieu of such public holiday at their respective regular rates of pay; EXCEPT THAT: whenever Christmas Day and Boxing Day fall on a Saturday and Sunday respectively and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holidays be observed on two (2) days other than Saturday and Sunday, then the days so proclaimed shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments in respect of one of such public holidays then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if there is no such proclamation by either of such governments in respect of both of such public holidays, then the employees shall be entitled either to a holiday with pay in lieu of Christmas Day on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such public holidays, or either of them, at their respective regular rates of pay at the option of the Employer. (ii) Notwithstanding anything contained in this Clause 10.3(a) whenever follows one of the aforementioned public holidays, other than Christmas Day and Boxing Day, falls on a Saturday employee's normal rest days or Sunday, instead one of having all the employees observe the public holiday on the same day the Employer may declare both the Friday immediately preceding such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Employer holidays hereinbefore defined in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by the Employer and the remainder of the employees shall be entitled to a holiday with pay in lieu of such public holiday on the Monday named by the Employerthis Article 12.1. (b) An employee who is required in the case of an employee's termination of service for any reason, adjustment will be made for any overcompensation provided under paragraph (a)(ii) herein. (c) prior to work on the posting of any notice advising the employees of their entitlement under paragraph (a) herein, the City will afford the Union an opportunity to discuss the substance of the notice. (d) notwithstanding receipt of a public holiday which falls on or is observed from Monday to Friday inclusive, shall be given credit day's pay for eight (8) hours of straight time in lieu thereof. For the purposes of this Clause 10.3(b) a public holiday does not include a holiday declared by the Employer pursuant to Clause 10.3(a)(ii) unless the employee is entitled to that holiday with pay in lieu of a public holiday, it shall not be considered as time worked for the purpose of calculating overtime.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Public Holidays. (a) All employees covered by this Agreement are Employees hired on a full‐time continuous basis shall be entitled to a holiday with pay on the following public holidays, namely: New Year's Day, Family Day* (effective 2014 February 24), Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any other day appointed by Council of the City of Vancouver to be a civic holiday. * If/when Family Day ceases to be a provincial public holiday under the laws of British Columbia, Family Day will no longer be considered a Public Holiday for the purposes of this Collective Agreement. PROVIDED THAT: (i1) whenever Whenever one of the aforementioned public above‐mentioned holidays falls on a Saturday or a Sunday and the Government of Canada and the Government of the Province of British Columbia Columbia, or either of them in the absence of the other, proclaim that such public holiday be observed on a day other than Saturday or Sunday, then the day so proclaimed shall be read in substitution for such public holiday: SAVE AND EXCEPT THAT: Whenever one of the above‐mentioned public holidays falls on a Saturday or a Sunday and neither the Government of Canada, nor the Government of the Province of British Columbia proclaims that such public holiday but if there is no such proclamation by either of such governments be observed on a day other than a Saturday or Sunday, or the proclamations of such governments do not proclaim the same day for the observance of such public holiday, then not less than seven (7) calendar days prior to that public holiday then the Employer Corporation shall designate either post a notice or notices in conspicuous places so that each employee affected thereby may have ready access to and see the Friday immediately preceding same, designating the employee's holiday entitlement in accordance with one of the following methods: (.01) One day's pay at the employee's regular rate of pay, OR (.02) A holiday with pay within the calendar year in which such public holiday falls, on any normal working day which immediately precedes or immediately follows one of the Monday immediately following public holidays hereinbefore defined in this Section 6.3(a). (2) In the same as case of an employee's termination of service for any reason, adjustment will be made for any overcompensation provided under Section 6.3(a)(1)(.02) herein. (3) Prior to the day posting of any notice advising the employees of their entitlement under Section 6.3(a)(1) herein, the Corporation will afford the Union an opportunity to observe such discuss the substance of the notice. (b) If a public holiday and the employees falls on a regular working day while an employee is on annual vacation, that person shall be entitled to a holiday receive one (1) additional day of vacation with pay in lieu of such the said public holiday. (c) Subject to Clause (d), the following provisions shall apply to the employees hereinafter specified whose duties normally require them to work on public holidays or on scheduled shift work: (1) if an employee whose duties normally require them to work on public holidays or on scheduled shift work (but not including an employee who regularly works on day shift from Monday to Friday inclusive) is required to work on any public holiday as provided in Clause 6.3(a) which falls on or is observed on any day from Monday to Friday inclusive, then the employee shall be paid the regular pay for the holiday and in addition thereto the employee shall be given compensating time off equivalent to one and one‐half (1½) times the number of hours worked on that public holiday. The Corporation shall have the ability to designate up to four (4) public holidays per year where the treatment for an employee who is working on the designated public holiday will be that the employee shall be paid one and one‐half (1½) times their regular hourly rate for the hours worked on the public holiday and in addition the employee shall be given compensating time off equivalent to a regular work day in lieu of the public holiday; (2) if such employee is required to work on the day so designatedoff given in lieu of a public holiday, or pay pursuant to the employees provisions of this Clause (c), then in lieu of such holiday the employee shall be paid the regular pay for the holiday plus double the hourly rate of pay of the employee computed on the basis of the employee's normal working hours for the hours worked on such day off; (3) time worked on a public holiday at their respective regular rates or on the day off given to the employee in lieu of pay; EXCEPT THAT: whenever Christmas Day a public holiday pursuant to the provisions of this Clause (c) shall not be treated as overtime except as provided in Clauses 4.8(a) and Boxing Day fall (b). (d) Whenever a public holiday defined in Clause 6.3(a) falls on a Saturday or Sunday and Sunday respectively and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holidays be is observed on two (2) days other than Saturday and Sundayany day from Monday to Friday, then the days so proclaimed shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments in respect of one of such public holidays then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day on which such holiday is observed shall, for the purposes of those employees referred to observe such in Clause (c), be deemed to be a public holiday and if such employees work on the employees Saturday or Sunday they shall not be entitled to a holiday with pay in lieu of such public holiday premium pay for work on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if there is no such proclamation by either of such governments in respect of both of such public holidays, then the employees shall be entitled either to a holiday with pay in lieu of Christmas Day on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such public holidays, or either of them, at their respective regular rates of pay at the option of the Employer. (ii) those days. Notwithstanding anything contained in this Clause 10.3(a6.3(a) or Clause (c) prior to the beginning of any calendar year the Corporation and the Union may agree that whenever one of the aforementioned a public holidays, other than Christmas Day and Boxing Day, holiday defined in Clause 6.3 falls on a Saturday or Sunday, instead of having all the those employees observe the referred to in Clause (c) shall be paid public holiday premium pay for working on the same day the Employer may declare both the Friday immediately preceding Saturday or Sunday but such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Employer in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by the Employer and the remainder of the employees shall be entitled to a holiday with pay in lieu of such paid public holiday premium pay only once for the same holiday. For the purposes of this Clause (d) "public holiday premium pay" means the equivalent compensation paid to employees referred to in Clause (c) for working on the a public holiday defined in 6.3(a) which falls on or is observed on any day from Monday named by the Employerto Friday. (be) An employee (except an employee governed by ▇▇▇▇▇▇ (c)) who is required to work on a public holiday defined in Clause 6.3(a) which falls on or is observed on any day from Monday to Friday inclusive, inclusive shall be given credit paid the employee's normal rate for eight (8) hours the said holiday plus double the hourly rate of straight time in lieu thereof. For the purposes pay of this Clause 10.3(b) a public holiday does not include a holiday declared by the Employer pursuant to Clause 10.3(a)(ii) unless the employee is entitled to that holiday with pay in lieu computed on the basis of a public his normal working hours for the hours worked on the holiday.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

Public Holidays. (a) All employees covered by this Agreement are hired on a full-time continuous basis shall be entitled to a holiday with pay upon the commencement of their employment on the following public holidays, namely: New Year's Day, Family Day*), Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any other day appointed by Council of the City of Vancouver to be a civic holiday. *If/when Family Day ceases to be a provincial public holiday under the laws of British Columbia, Family Day will no longer be considered a Public Holiday for the purposes of this Collective Agreement. PROVIDED THAT: (i1) whenever Whenever one of the aforementioned above-mentioned public holidays falls on a Saturday or a Sunday and the Government of Canada and the Government of the Province of British Columbia Columbia, or either of them in the absence of the other, proclaim that such public holiday be observed on a day other than Saturday or Sunday, then the day so proclaimed shall be read in substitution for such public holiday; SAVE AND EXCEPT THAT: Whenever one of the aforementioned public holiday but if there is no falls on a Saturday or a Sunday and neither the Government of Canada nor the Government of the Province of British Columbia proclaims that such proclamation by either of such governments public holiday be observed on a day other than Saturday or Sunday, or the proclamations of such governments do not proclaim the same day for the observance of such public holiday holiday, then not less than seven (7) calendar days prior to that public holiday, the Employer shall designate either post a notice or notices in conspicuous places so that each employee affected thereby may have ready access to and see the Friday immediately preceding same, designating the employee's holiday entitlement in accordance with one of the following methods: (.01) one (1) day's pay at his/her regular rate of pay, or (.02) a holiday with pay within the calendar year in which such public holiday falls, on any normal working day which immediately precedes or immediately follows one of the Monday immediately following employee's normal rest days or one of the same as public holidays hereinbefore defined in this Article 6.3(a). (2) In the day case of an employee's termination of service for any reason, adjustment will be made for any overcompensation provided under Section 6.3(a)(1)(.02) herein. (3) Prior to observe such public holiday and the posting of any notice advising the employees of their entitlement under Section 6.3(a)(1) herein, the Employer will afford the Union an opportunity to discuss the substance of the notice. (b) If a Public Holiday falls on a regular working day while an employee is on annual vacation, the employee shall be entitled to a holiday receive one (1) additional day of vacation with pay in lieu of such the said Public Holiday. (c) Subject to Article 6.3(e), the following provisions shall apply to the employees hereinafter specified whose duties normally require them to work on public holidays or on scheduled shift work: (1) if employee(s), whose duties normally require them to work on public holidays or on scheduled shift work (but not including an employee who regularly works on day shift from Monday to Friday inclusive), is required to work on any public holiday as provided in Article 6.3(a) which falls on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay; EXCEPT THAT: whenever Christmas Day and Boxing Day fall on a Saturday and Sunday respectively and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holidays be is observed on two (2) days other than Saturday and Sunday, then the days so proclaimed shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments in respect of one of such public holidays then the Employer shall designate either the any day from Monday to Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if there is no such proclamation by either of such governments in respect of both of such public holidaysinclusive, then the employees shall be entitled either paid the regular pay for the holiday and in addition thereto shall be given compensating time off equivalent to a holiday with pay one and one-half (1½) times the number of hours worked on that public holiday; (2) if such employee is required to work on the day off given in lieu of Christmas Day on a public holiday, pursuant to the Friday immediately preceding Christmas Day and a holiday with pay in lieu provisions of Boxing Day on the Monday immediately following Boxing Daythis Article 6.3(c), or pay then in lieu of such public holidays, or either of them, at their respective holiday the employee shall be paid the regular rates pay for the holiday plus double the hourly rate of pay at the option of the Employeremployee computed on the basis of the normal working hours for the hours worked on such day off; (3) time worked on a public holiday or on the day off given to the employees in lieu of a public holiday pursuant to the provisions of this Article 6.3(c) shall not be treated as overtime except as provided in Article 4.12. (iid) Whenever a public holiday defined in Article 6.3(a) falls on a Saturday or Sunday and is observed on any day from Monday to Friday, the day on which such holiday is observed shall, for the purposes of those employees referred to in Article 6.3(c), be deemed to be a public holiday and if such employees work on the Saturday or Sunday they shall not be entitled to public holiday premium pay for work on either of those days. Notwithstanding anything contained in this Clause 10.3(aArticles 6.3(a) or 6.3(c) prior to the beginning of any calendar year the Employer and the Union may agree that whenever one of the aforementioned public holidays, other than Christmas Day and Boxing Day, a Public Holiday defined in Article 6.3(a) falls on a Saturday or Sunday, instead of having all the those employees observe the referred to in Article 6.3(c) shall be paid public holiday premium pay for working on the same day the Employer may declare both the Friday immediately preceding Saturday or Sunday but such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Employer in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by the Employer and the remainder of the employees shall be entitled to a holiday with pay in lieu of such paid public holiday on premium pay only once for the Monday named by the Employer. (b) An employee who is required to work on a public holiday which falls on or is observed from Monday to Friday inclusive, shall be given credit for eight (8) hours of straight time in lieu thereof. For the purposes of this Clause 10.3(b) a public holiday does not include a holiday declared by the Employer pursuant to Clause 10.3(a)(ii) unless the employee is entitled to that holiday with pay in lieu of a public same holiday.

Appears in 1 contract

Sources: Collective Agreement

Public Holidays. (a) All employees covered by this Agreement are Subject to Clause 16(f) all Regular and Temporary Full-Time Employees shall be entitled to a holiday with pay on the following public holidays, namelyPublic Holidays: New Year's Day, Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any other day appointed by Council of the City of Vancouver Association to be a civic holiday. PROVIDED THAT:. (ib) whenever one of A Regular Part-Time Employee shall be entitled to pay for a Public Holiday named above only if the aforementioned public holidays falls employee would normally be scheduled to work on that holiday. (c) When a Public Holiday occurs on a Saturday or a Sunday and either the Government of British Columbia or the Government of Canada and declares that the Government of holiday shall be observed on another day, that day shall be deemed to be the Province of British Columbia or either of them proclaim Public Holiday. If the two Governments do not declare that such public the holiday be observed on a day other than Saturday or Sunday, then the day so proclaimed shall be read in substitution for such public holiday but if there is no such proclamation by either of such governments or the proclamations of such governments do not proclaim the same day for or if neither Government declares that the observance of such public holiday be observed on another day then the Employer Association shall designate either declare either: (1) that the holiday be observed on the preceding Friday immediately preceding such public holiday or the Monday immediately following Monday; or (2) that some employees, as designated by the same as Association, shall observe the day to observe such public holiday on the preceding Friday and the remainder of the employees shall be entitled to a holiday with pay in lieu of such public observe the holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay; EXCEPT THAT: whenever following Monday. (d) When Christmas Day and Boxing Day fall on a Saturday and Sunday respectively respectively, the preceding Friday and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holidays be observed on two (2) days other than Saturday and Sunday, then the days so proclaimed following Monday shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments in respect of one of such public holidays then deemed to be the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if there is no such proclamation by either of such governments in respect of both of such public holidays, then the employees shall be entitled either to a holiday with pay in lieu of Christmas Day on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such public holidays, or either of them, at their respective regular rates of pay at the option of the Employer. (iie) Notwithstanding anything contained in this Clause 10.3(a) whenever one of the aforementioned public holidays, other than Christmas Day and Boxing Day, When a Public Holiday falls on an employee's regularly scheduled fortnight day off, a Saturday or Sunday, instead of having all the employees observe the public holiday on the same mutually agreeable compensating day the Employer may declare both the Friday immediately preceding such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall off will be designated by the Employer in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by the Employer and the remainder of the employees shall be entitled to a holiday with pay in lieu of such public holiday on the Monday named by the Employerallowed. (bf) An employee who is When employees, except Temporary Part-Time Employees, are required to work on a public holiday which falls Public Holiday as provided for in Clause 16(a), they shall be paid at two (2) times their regular hourly rate of pay for all hours worked on or is observed from Monday to Friday inclusivethe holiday, and in addition shall be given credit for eight time off equivalent to one (8) hours of straight time 1) day in lieu thereofof that Public Holiday. For the purposes of this Clause 10.3(b16(f) a public holiday Public Holiday does not include a holiday declared by the Employer Association pursuant to Clause 10.3(a)(ii16(c) (2) unless the employee is entitled to that holiday with pay in lieu of a public Public Holiday. (g) A Public Holiday will be treated as a normal working day for Temporary Part-Time Employees. Thus, an employee who works on a Public Holiday will be paid straight time rates for the normal daily hours and at normal overtime rates for any hours worked in excess of normal daily or weekly hours. Similarly, an employee who does not work on a Public Holiday will not receive any pay or compensating time off in lieu of the holiday. (h) Whenever a Public Holiday falls on a Saturday or a Sunday and is observed on a weekday, that weekday shall be treated as the holiday for the purposes of attracting premium rates for employees required to work on that day and work performed on the Saturday or Sunday shall not attract Public Holiday premium rates. However, if prior to the beginning of any calendar year the Association and the Union agree to recognize the Saturday or the Sunday as the premium day for those employees required to work on Public Holidays, they may do so, but there may be only one premium day for such employees with respect to any one Public Holiday.

Appears in 1 contract

Sources: Collective Agreement

Public Holidays. (a) All Permanent employees covered by this Agreement are shall be entitled to a holiday with pay on the following public holidays, namely: New Year's Day, Family Day*, Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day Day, and any other day appointed by Council of the City of Vancouver Employer to be a civic holiday. ; PROVIDED THAT: (i1) whenever one of the aforementioned public above-mentioned holidays falls on a Saturday or a Sunday and the Government of Canada and the Government of the Province of British Columbia Columbia, or either of them proclaim in the absence of the other, proclaims that such public holiday be observed on a day other than Saturday or Sunday, then the day so proclaimed shall be read in substitution for such public holiday; SAVE AND EXCEPT THAT: whenever one of the aforementioned public holidays falls on a Saturday or a Sunday and neither the Government of Canada nor the Government of the Province of British Columbia proclaims that such public holiday but if there is no such proclamation by either of such governments be observed on a day other than Saturday or Sunday, or the proclamations of such governments do not proclaim the same day for the observance of such public holiday holiday, then not less than seven (7) calendar days prior to that public holiday, the Employer shall designate either post a notice or notices in conspicuous places so that each employee affected thereby may have ready access to and see the Friday immediately preceding same, designating the employee's holiday entitlement in accordance with one of the following methods: (.01) one (1) day's pay at the employee's regular rate of pay, or (.02) a holiday with pay within the calendar year in which such public holiday falls, on any normal working day which immediately precedes or immediately follows one of the Monday immediately following employee's normal rest days or one of the same as public holidays hereinbefore defined in this paragraph (a). (2) in the day case of an employee's termination of service for any reason, adjustment will be made for any overcompensation provided under paragraph (1)(.02) herein. (3) prior to observe such the posting of any notice advising the employees of their entitlement under paragraph (a) herein, the Employer will afford the Union an opportunity to discuss the substance of the notice. *If/when Family Day ceases to be a provincial public holiday and under the employees laws of British Columbia, Family Day will no longer be considered a Public Holiday for the purposes of this Collective Agreement. (b) If a Public Holiday falls on a regular working day, while an employee is on annual vacation, the employee shall be entitled to a holiday receive one (1) additional day of vacation with pay in lieu of such the said Public Holiday. (c) Subject to clause (d), the following provisions shall apply to the employees hereinafter specified whose duties normally require them to work on public holidays or on scheduled shift work: (1) if an employee whose duties normally require work on public holidays or on scheduled shift work (but not including an employee who regularly works on day shift from Monday to Friday inclusive) is required to work on any public holiday as provided in Article 7.2(a) which falls on or is observed on any day from Monday to Friday inclusive, then the employee shall be paid the regular pay for the holiday and in addition thereto be given compensating time off equivalent to one and one-half (1½) times the number of hours worked on that public holiday; (2) if such employee is required to work on the day so designatedoff given in lieu of a public holiday, or pay pursuant to the employees provisions of this Article 7.2(c) then in lieu of such holiday the employee shall be paid their regular pay for the holiday plus double the hourly rate of pay of the employee computed on the basis of the employee's normal working hours for the hours worked on such day off; (3) time worked on a public holiday at their respective regular rates or on the day off given to the employee in lieu of pay; EXCEPT THAT: whenever Christmas Day a public holiday pursuant to the provisions of this Article 7.2(c) shall not be treated as overtime except as provided in Articles 5.8(a) and Boxing Day fall (b). (d) Whenever a public holiday defined in Article 7.2(a) falls on a Saturday or Sunday and Sunday respectively and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holidays be is observed on two (2) days other than Saturday and Sundayany day from Monday to Friday, then the days so proclaimed shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments in respect of one of such public holidays then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day on which such holiday is observed shall, for the purposes of those employees referred to observe such in Article 7.2(c), be deemed to be a public holiday and if such employees work on the employees Saturday or Sunday they shall not be entitled to a holiday with pay in lieu of such public holiday premium pay for work on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if there is no such proclamation by either of such governments in respect of both of such public holidays, then the employees shall be entitled either to a holiday with pay in lieu of Christmas Day on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such public holidays, or either of them, at their respective regular rates of pay at the option of the Employer. (ii) those days. Notwithstanding anything contained in this Clause 10.3(aArticle 7.2(a) or 7.2(c) prior to the beginning of any calendar year the Employer and the Union may agree that whenever one of the aforementioned a public holidays, other than Christmas Day and Boxing Day, holiday defined in Article 7.2(a) falls on a Saturday or Sunday, instead of having all those employees referred to in Article 7.2(c) shall be paid public holiday premium pay for working on the Saturday or Sunday but such employees observe shall be paid public holiday premium pay only once for the same holiday. Notwithstanding the above, where a public holiday falls on a scheduled work day and the employee is not normally required to work on the public holiday on the same day the Employer may declare both the Friday immediately preceding such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Employer in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by holiday, the Employer and the remainder of employee may mutually agree to allow the employees employee to work the recognized holiday as a normal work day and to provide for the public holiday to be taken on a work day adjacent to the employee's days off. In such cases, the day off adjacent to the days off shall be entitled to a holiday with pay in lieu treated as the recognized holiday. The Employer shall advise the Union when this provision is used. For the purposes of such this paragraph (d) "public holiday premium pay" means the equivalent compensation paid to employees referred to in Article 7.2(c) for working on the a public holiday defined in Article 7.2(a) which falls on or is observed on any day from Monday named by the Employerto Friday. (be) An employee (except an employee governed by Article 7.2(c)) who is required to work on a public holiday defined in Article 7.2(a) which falls on or is observed on any day from Monday to Friday inclusive, inclusive shall be given credit paid their normal rate for eight (8) hours the said holiday plus double the hourly rate of straight time in lieu thereof. For the purposes pay of this Clause 10.3(b) a public holiday does not include a holiday declared by the Employer pursuant to Clause 10.3(a)(ii) unless the employee is entitled to that holiday with pay in lieu computed on the basis of a public the employee's normal working hours for the hours worked on the holiday.

Appears in 1 contract

Sources: Collective Agreement

Public Holidays. (a) All employees covered by this Agreement Provided an employee has worked at least fifteen (15) of the last thirty (30) days prior to the public holiday, Regular Full-Time Employees are entitled to a holiday with pay on the following public holidays, namely: New Year's Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day Day, and any other day appointed by Council of the City of Vancouver to be a civic holiday. PROVIDED THAT: (i) whenever one of the aforementioned public holidays falls on a Saturday or a Sunday and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holiday be observed on a day other than Saturday or Sunday, Sunday then the day so proclaimed shall be read in substitution for such public holiday but if there is no such proclamation by either of such governments or the proclamations of such governments do not proclaim the same day for the observance of such public holiday then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay; EXCEPT THAT: whenever Christmas Day and Boxing Day fall on a Saturday and Sunday respectively and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holidays be observed on two (2) days other than Saturday and Sunday, Sunday then the days so proclaimed shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments in respect of one of such public holidays then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if there is no such proclamation by either of such governments in respect of both of such public holidays, then the employees shall be entitled either to a holiday with pay in lieu of Christmas Day on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such public holidays, or either of them, at their respective regular rates of pay at the option of the Employer. (ii) Notwithstanding anything contained in this Clause 10.3(a) whenever one of the aforementioned public holidays, other than Christmas Day and Boxing Day, falls fall on a Saturday or Sunday, instead of having all the employees observe the public holiday on the same day the Employer may declare both the Friday immediately preceding such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Employer in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by the Employer and the remainder of the employees shall be entitled to a holiday with pay in lieu of such public holiday on the Monday named by the Employer. (iii) In order to be eligible for the paid holiday, employees must be on duty or on paid leave either the working day immediately preceding or immediately following the holiday, or if on an approved leave, have worked at least fifteen (15) of the previous thirty (30) working days. Compensation for public holidays is included in the benefit payment for individuals in receipt of weekly disability benefits. Although an employee receives eight (8) hours' pay for a public holiday, it shall not be considered as eight (8) hours worked. (b) An employee who Subject to Clause 10.3(c) if a Regular Full-Time Employee in the classification of Watchman, Bridge Tender, Service Station Attendant or Automotive Serviceman (Police), whose duties normally require work on public holidays, is required to work on a any public holiday defined in Clause 10.3(a) which falls on or is observed on any day from Monday to Friday Friday, inclusive, then the employee shall be paid the regular pay for the holiday and in addition thereto be given credit for eight (8) compensating time off equivalent to one and one-half times the number of hours of straight time in lieu thereofworked on the holiday. For the purposes of this Clause 10.3(b) a public holiday does not include a holiday declared by the Employer pursuant to Clause 10.3(a)(ii) unless the If an employee is entitled required to that holiday with pay work on the day off given in lieu of a public holiday, pursuant to the provisions of this Clause 10.3(b), then in lieu of such holiday, the employee shall be paid the regular pay for the public holiday plus double the employee's regular rate of pay for the hours worked on such day off. Time worked on a public holiday or on the day off given to the employee in lieu of a public holiday shall not be treated as overtime except as provided in Clauses 7.1, 7.2 and 7.

Appears in 1 contract

Sources: Collective Agreement

Public Holidays. (a) All Subject to Clause 9.3(b) and 9.3(c) the employees covered by this Agreement are shall be entitled to a holiday with pay on the following public holidays, namely: New Year's Day, Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any other day appointed by Council of the City of Vancouver Council to be a civic holiday. PROVIDED THAT: (i) whenever one of the aforementioned public holidays falls on a Saturday or a Sunday and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holiday be observed on a day other than Saturday or Sunday, Sunday then the day so proclaimed shall be read in substitution for such public holiday but if there is no such proclamation by either of such governments or the proclamations of such governments do not proclaim the same day for the observance of such public holiday then the Employer City Council shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay; : EXCEPT THAT: whenever Christmas Day and Boxing Day fall on a Saturday and Sunday respectively and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holidays be observed on two (2) days other than Saturday and Sunday, Sunday then the days so proclaimed shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments in respect of one of such public holidays then the Employer City Council shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if there is no such proclamation by either of such governments in respect of both of such public holidays, then the employees shall be entitled either to a holiday with pay in lieu of Christmas Day on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such public holidays, or either of them, at their respective regular rates of pay at the option of the EmployerCity Council. (ii) Notwithstanding notwithstanding anything contained in this Clause 10.3(a9.3(a) whenever one of the aforementioned public holidays, other than Christmas Day and Boxing Day, falls fall on a Saturday or Sunday, instead of having all the employees observe the public holiday on the same day the Employer City Council may declare both the Friday immediately preceding such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Employer City Council in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by the Employer City Council and the remainder of the employees shall be entitled to a holiday with pay in lieu of such public holiday on the Monday named by the EmployerCity Council. (b) An Subject to Clause 9.3(c), the following provisions shall apply to the employees hereinafter specified whose duties normally require them to work on public holidays or on scheduled shift work: (i) if an employee whose duties normally require such employee to work on public holidays or on scheduled shift work (but not including an employee who regularly works on day shift from Monday to Friday inclusive) is required to work on a any public holiday as provided for in Clause 9.3(a) which falls on or is observed on any day from Monday to Friday inclusive, such employee shall be given credit paid the regular pay for eight the holiday and in addition thereto shall be entitled to compensating time off equivalent to one and one-half (8) 1½) times the number of hours of straight time worked on that public holiday or pay in lieu thereof. For of such compensating time; these holidays will apply to the employees aforesaid who are on weekly or annual leave but not if such employees are off duty without pay; (ii) if such employee is required to work on the day off given in lieu of a public holiday, pursuant to the provisions of this Clause 9.3(b), then in lieu of such holiday the employee shall be paid the regular pay for the holiday plus double the hourly rate of pay of the employee computed on the basis of the normal working hours for the hours worked on such day off; (iii) time worked on a public holiday or on the day off given to the employee in lieu of a public holiday pursuant to the provisions of this Clause 9.3(b), shall not be treated as overtime except as provided in Clauses 8.1 (a), 8.1(b) and 8.1(c); (iv) for the purposes of this Clause 10.3(b9.3(b) a public holiday does not include a holiday declared by the Employer pursuant to Clause 10.3(a)(ii9.3(a)(ii) unless the employee is entitled to that holiday with pay in lieu of a public holiday. (c) Whenever a public holiday defined in Clause 9.3(a) falls on a Saturday or Sunday and is observed on any day from Monday to Friday, the day on which such holiday is observed shall, for the purposes of those employees referred to in Clause 9.3(b), be deemed to be a public holiday and if such employees work on the Saturday or Sunday they shall not be entitled to public holiday premium pay for work on either of those days. Notwithstanding anything contained in Clause 9.3(a) or 9.3(b) prior to the begin- ning of any calendar year the Employer and the Union may agree that whenever a public holiday defined in Clause 9.3(a) falls on a Saturday or Sunday those employees referred to in Clause 9.3(b) shall be paid public holiday premium pay for working on the Saturday or Sunday but such employees shall be paid public holiday premium pay only once for the same holiday. For the purposes of this Clause 9.3(c) "public holiday premium pay" means the equivalent compensation paid to employees referred to in Clause 9.3(b) for working on a public holiday defined in Clause 9.3(a) which falls on or is observed on any day from Monday to Friday. (d) An employee (except an employee governed by Clause 9.3(b)) who is required to work on a public holiday defined in Clause 9.3(a) which falls on or is observed on any day from Monday to Friday inclusive shall be paid at the regular pay for the said holiday plus double the hourly rate of pay of the employee computed on the basis of the normal working hours for the hours worked on the holiday. For the purposes of this Clause 9.3(d) a public holiday does not include a holiday declared by the Employer pursuant to Clause 9.3(a)(ii) unless the employee is entitled to that holiday with pay in lieu of a public holiday.

Appears in 1 contract

Sources: Collective Agreement

Public Holidays. (a) All Permanent employees covered by this Agreement are shall be entitled to a holiday with pay on the following public holidays, namely: New Year's Day, Family Day* (effective 2014 July 12), Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day Day, and any other day appointed by Council of the City of Vancouver Employer to be a civic holiday. ; PROVIDED THAT: (i1) whenever one of the aforementioned public above‐mentioned holidays falls on a Saturday or a Sunday and the Government of Canada and the Government of the Province of British Columbia Columbia, or either of them proclaim in the absence of the other, proclaims that such public holiday be observed on a day other than Saturday or Sunday, then the day so proclaimed shall be read in substitution for such public holiday; SAVE AND EXCEPT THAT: whenever one of the aforementioned public holidays falls on a Saturday or a Sunday and neither the Government of Canada nor the Government of the Province of British Columbia proclaims that such public holiday but if there is no such proclamation by either of such governments be observed on a day other than Saturday or Sunday, or the proclamations of such governments do not proclaim the same day for the observance of such public holiday holiday, then not less than seven (7) calendar days prior to that public holiday, the Employer shall designate either post a notice or notices in conspicuous places so that each employee affected thereby may have ready access to and see the Friday immediately preceding same, designating the employee's holiday entitlement in accordance with one of the following methods: (.01) one (1) day's pay at the employee's regular rate of pay, or (.02) a holiday with pay within the calendar year in which such public holiday falls, on any normal working day which immediately precedes or immediately follows one of the Monday immediately following employee's normal rest days or one of the same as public holidays hereinbefore defined in this paragraph (a). (2) in the day case of an employee's termination of service for any reason, adjustment will be made for any overcompensation provided under paragraph (1)(.02) herein. (3) prior to observe such the posting of any notice advising the employees of their entitlement under paragraph (a) herein, the Employer will afford the Union an opportunity to discuss the substance of the notice. *If/when Family Day ceases to be a provincial public holiday and under the employees laws of British Columbia, Family Day will no longer be considered a Public Holiday for the purposes of this Collective Agreement. (b) If a Public Holiday falls on a regular working day, while an employee is on annual vacation, the employee shall be entitled to a holiday receive one (1) additional day of vacation with pay in lieu of such the said Public Holiday. (c) Subject to clause (d), the following provisions shall apply to the employees hereinafter specified whose duties normally require them to work on public holidays or on scheduled shift work: (1) if an employee whose duties normally require work on public holidays or on scheduled shift work (but not including an employee who regularly works on day shift from Monday to Friday inclusive) is required to work on any public holiday as provided in Article 6.2(a) which falls on or is observed on any day from Monday to Friday inclusive, then the employee shall be paid the regular pay for the holiday and in addition thereto be given compensating time off equivalent to one and one‐half (1½) times the number of hours worked on that public holiday; (2) if such employee is required to work on the day so designatedoff given in lieu of a public holiday, or pay pursuant to the employees provisions of this Article 6.2(c) then in lieu of such holiday the employee shall be paid their regular pay for the holiday plus double the hourly rate of pay of the employee computed on the basis of the employee's normal working hours for the hours worked on such day off; (3) time worked on a public holiday at their respective regular rates or on the day off given to the employee in lieu of pay; EXCEPT THAT: whenever Christmas Day a public holiday pursuant to the provisions of this Article 6.2(c) shall not be treated as overtime except as provided in Articles 4.6(a) and Boxing Day fall (b). (d) Whenever a public holiday defined in Article 6.2(a) falls on a Saturday or Sunday and Sunday respectively and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holidays be is observed on two (2) days other than Saturday and Sundayany day from Monday to Friday, then the days so proclaimed shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments in respect of one of such public holidays then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day on which such holiday is observed shall, for the purposes of those employees referred to observe such in Article 6.2(c), be deemed to be a public holiday and if such employees work on the employees Saturday or Sunday they shall not be entitled to a holiday with pay in lieu of such public holiday premium pay for work on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if there is no such proclamation by either of such governments in respect of both of such public holidays, then the employees shall be entitled either to a holiday with pay in lieu of Christmas Day on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such public holidays, or either of them, at their respective regular rates of pay at the option of the Employer. (ii) those days. Notwithstanding anything contained in this Clause 10.3(aArticle 6.2(a) or 6.2(c) prior to the beginning of any calendar year the Employer and the Union may agree that whenever one of the aforementioned a public holidays, other than Christmas Day and Boxing Day, holiday defined in Article 6.2(a) falls on a Saturday or Sunday, instead of having all those employees referred to in Article 6.2(c) shall be paid public holiday premium pay for working on the Saturday or Sunday but such employees observe shall be paid public holiday premium pay only once for the same holiday. Notwithstanding the above, where a public holiday falls on a scheduled work day and the employee is not normally required to work on the public holiday on the same day the Employer may declare both the Friday immediately preceding such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Employer in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by holiday, the Employer and the remainder of employee may mutually agree to allow the employees employee to work the recognized holiday as a normal work day and to provide for the public holiday to be taken on a work day adjacent to the employee's days off. In such cases, the day off adjacent to the days off shall be entitled to a holiday with pay in lieu treated as the recognized holiday. The Employer shall advise the Union when this provision is used. For the purposes of such this paragraph (d) "public holiday premium pay" means the equivalent compensation paid to employees referred to in Article 6.2(c) for working on the a public holiday defined in Article 6.2(a) which falls on or is observed on any day from Monday named by the Employerto Friday. (be) An employee (except an employee governed by Article 6.2(c)) who is required to work on a public holiday defined in Article 6.2(a) which falls on or is observed on any day from Monday to Friday inclusive, inclusive shall be given credit paid their normal rate for eight (8) hours the said holiday plus double the hourly rate of straight time in lieu thereof. For the purposes pay of this Clause 10.3(b) a public holiday does not include a holiday declared by the Employer pursuant to Clause 10.3(a)(ii) unless the employee is entitled to that holiday with pay in lieu computed on the basis of a public the employee's normal working hours for the hours worked on the holiday.

Appears in 1 contract

Sources: Collective Agreement

Public Holidays. (a) All employees covered by this Agreement Provided an employee has worked at least fifteen (15) of the last thirty (30) days prior to the public holiday, Regular Full-Time Employees and Temporary Full- Time Employees are entitled to a holiday with pay on the following public holidays, namely: New Year's Day, Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day Day, and any other day appointed by Council of the City of Vancouver to be a civic holiday. PROVIDED THAT: (i) whenever one of the aforementioned public holidays falls on a Saturday or a Sunday and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holiday be observed on a day other than Saturday or Sunday, Sunday then the day so proclaimed shall be read in substitution for such public holiday but if there is no such proclamation by either of such governments or the proclamations of such governments do not proclaim the same day for the observance of such public holiday then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay; EXCEPT THAT: whenever Christmas Day and Boxing Day fall on a Saturday and Sunday respectively and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holidays be observed on two (2) days other than Saturday and Sunday, Sunday then the days so proclaimed shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments in respect of one of such public holidays then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if there is no such proclamation by either of such governments in respect of both of such public holidays, then the employees shall be entitled either to a holiday with pay in lieu of Christmas Day on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such public holidays, or either of them, at their respective regular regu- lar rates of pay at the option of the Employer. (ii) Notwithstanding anything contained in this Clause 10.3(a11.3(a) whenever one of the aforementioned public holidays, other than Christmas Day and Boxing Day, falls fall on a Saturday or Sunday, instead of having all the employees observe the public holiday on the same day the Employer may declare both the Friday immediately preceding such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Employer in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by the Employer and the remainder of the employees shall be entitled to a holiday with pay in lieu of such public holiday on the Monday named by the Employer. (iii) In order to be eligible for the paid holiday, employees must be on duty or on paid leave either the working day immediately preceding or immediately following the holiday, or if on an approved leave, have worked at least fifteen (15) of the previous thirty (30) working days. Compensation for public holidays is included in the benefit payment for individuals in receipt of weekly disability benefits. Although an employee receives eight (8) hours' pay for a public holiday, it shall not be considered as eight (8) hours worked. (b) An employee who Subject to Clause 11.3(c) if a Regular Full-Time Employee or a Temporary Full- Time Employee in the classification of Watchman, Bridge Tender, Service Station Attendant or Automotive Serviceman (Police), whose duties normally require work on public holidays, is required to work on a any public holiday defined in Clause 11.3(a) which falls on or is observed on any day from Monday to Friday Friday, inclusive, then the employee shall be paid the regular pay for the holiday and in addition thereto be given credit for eight (8) compensating time off equivalent to one and one-half times the number of hours of straight time in lieu thereofworked on the holiday. For the purposes of this Clause 10.3(b) a public holiday does not include a holiday declared by the Employer pursuant to Clause 10.3(a)(ii) unless the If an employee is entitled required to that holiday with pay work on the day off given in lieu of a public holiday, pursuant to the provisions of this Clause 11.3(b), then in lieu of such holiday, the employee shall be paid the regular pay for the public holiday plus double the employee's regular rate of pay for the hours worked on such day off. Time worked on a public holiday or on the day off given to the employee in lieu of a public holiday shall not be treated as overtime except as provided in Clauses 7.1, 7.2 and 7.

Appears in 1 contract

Sources: Collective Agreement

Public Holidays. (a) All employees covered by this Agreement are 13.1 Subject to Clause 13.1(e), all Regular Full-Time Employees and Temporary Full-Time Employees shall be entitled to a holiday with pay on the following public holidays, namely: , New Year's Day, Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any other day appointed by Council of the City of Vancouver to be a civic holiday. PROVIDED THAT: (ia) whenever Whenever one of the aforementioned above-mentioned public holidays falls on a Saturday or a Sunday and the Government of Canada and the Government of the Province of British Columbia Columbia, or either of them in the absence of the other, proclaim that such public holiday be observed on a day other than Saturday or Sunday, then the day so proclaimed shall be read in substitution for such public holiday; SAVE AND EXCEPT THAT: Whenever one of the aforementioned public holidays falls on a Saturday or a Sunday and neither of the Government of Canada nor the Government of the Province of British Columbia proclaims that such public holiday but if there is no such proclamation by either of such governments be observed on a day other than Saturday or Sunday, or the proclamations of such governments Governments do not proclaim the same day for the observance of such public holiday, then not less than seven (7) calendar days prior to that public holiday then the Employer shall designate either post a notice or notices in conspicuous places so that each employee affected thereby may have ready access to and see the Friday immediately preceding such public same, designating the employee's holiday or entitlement in accordance with one of the Monday immediately following methods: (i) one (1) day's pay at the same as the day to observe such public holiday and the employees shall be entitled to employee's regular rate of pay, or (ii) a holiday with pay within the calendar year in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay; EXCEPT THAT: whenever Christmas Day and Boxing Day fall on a Saturday and Sunday respectively and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that which such public holidays be observed falls, on two (2) days other than Saturday and Sunday, then the days so proclaimed shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments in respect of one of such public holidays then the Employer shall designate either the Friday any normal working day which immediately preceding such public holiday precedes or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if there is no such proclamation by either of such governments in respect of both of such public holidays, then the employees shall be entitled either to a holiday with pay in lieu of Christmas Day on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such public holidays, or either of them, at their respective regular rates of pay at the option of the Employer. (ii) Notwithstanding anything contained in this Clause 10.3(a) whenever imme- diately follows one of the aforementioned public holidays, other than Christmas Day and Boxing Day, falls on a Saturday employee's normal rest days or Sunday, instead one of having all the employees observe the public holiday on the same day the Employer may declare both the Friday immediately preceding such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Employer holidays hereinbefore defined in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by the Employer and the remainder of the employees shall be entitled to a holiday with pay in lieu of such public holiday on the Monday named by the Employerthis paragraph 13.1. (b) In the case of an employee's termination of service for any reason, adjustment will be made for any over-compensation provided under paragraph (a)(ii) herein. (c) Prior to the posting of any notice advising the employees of their entitlement under paragraph (a) herein, the Employer will afford the Association an oppor- tunity to discuss the substance of the notice. (d) Notwithstanding receipt of a day's pay for a public holiday, it shall not be considered as time worked for the purpose of calculating overtime. (e) An employee who will be paid for a public holiday only if the employee works on the scheduled working day prior to and the scheduled working day after such holiday, providing the employee is not sick, on compensation, on annual vacation, or on authorized leave of absence. (f) An employee required to work on a public holiday which falls on or is observed from shift other than Monday to Friday inclusive, shall be given credit for eight (8) hours of straight time in lieu thereof. For the purposes of this Clause 10.3(b) a granted all public holiday does not include a holiday declared by the Employer pursuant to Clause 10.3(a)(ii) unless the employee is entitled to that holiday holidays with pay as provided in lieu of a public holidayClause 13.1.

Appears in 1 contract

Sources: Collective Agreement

Public Holidays. (a) All employees covered by this Agreement are hired on a full time continuous basis shall be entitled to a holiday with pay upon the commencement of their employment on the following public holidays, namely: New Year's Day, Day Good Friday, Friday Easter Monday, Monday Victoria Day, Day Canada Day, Day British Columbia Day, Day Labour Day, Day Thanksgiving Day, Day Remembrance Day, Day Christmas Day, Day Boxing Day and any other day appointed proclaimed by Council of the City of Vancouver to be a civic holidayFederal, Provincial, or Municipal Government. PROVIDED THAT: (ia) whenever Whenever one of the aforementioned above-mentioned public holidays falls on a Saturday or a Sunday an employee's regular day of rest and the Government of Canada and the Government of the Province of British Columbia Columbia, or either of them inthe absence of the other, proclaim that such public holiday be observed on a day other than Saturday or Sunday, a regular rest day then the day so proclaimed shall be read in substitution for such public holiday: SAVE AND EXCEPT THAT: Whenever one of the aforementioned public holidays falls on a regular rest day and neither the Government of Canada nor the Government of the Province of British Columbia proclaims that such public holiday but if there is no such proclamation by either of such governments be observed on a day other than a regular rest day, or the proclamations of such governments do not proclaim the same day for the observance of such public holiday, then not less than seven (7) calendar days prior to that public holiday, the Board shall post a notice or notices in conspicuous places so that each employee affected thereby may have ready access to and see the same, designating the employee's holiday then entitlement in accordance with one of the Employer shall designate either following methods: (1) one (1) day's pay at the Friday immediately preceding employee's regular rate of pay, OR (2) a holiday with pay within the calendar year in which such public holiday falls, on any normal working day which immediately precedes or immediately follows one of the Monday immediately following employee's regular rest days or one of the same as public holidays hereinbefore defined in this section 7.7. (b) In the day to observe such public holiday and case of an employee's termination of service for any reason, adjustment will be made for any overcompensation provided under paragraph (a)(1) or (2) herein. (c) Simultaneously with the posting of any notice advising the employees of their entitlement under paragraph (a) herein, the Board will provide the Union with a copy of the said notice. (d) If a public holidayfalls on a regular working day while an employee is on annual vacation, the employee shall be entitled to a holiday receive one (1) additional day of vacation with pay in lieu of such the said public holiday. (e) Except as otherwise provided in Article 7.7 hereof with respect to public holidaysfalling on regular rest days, if an employee whose duties normally require the employee to work on public holidays is required to work on any public holiday named in Article 7.7 which falls on any regular work day, then the employee shall be paid the regular pay for the holiday and in addition thereto shall be given compensating time off equivalent to two (2) times the number of hours worked on that public holiday. If an employee is required to work on the day so designatedoff given in lieu of a public holiday, or pay pursuant to the employees provisions in this Article 7.7(e), then in lieu of such public holiday at their respective regular rates of pay; EXCEPT THAT: whenever Christmas Day and Boxing Day fall on a Saturday and Sunday respectively and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holidays be observed on two (2) days other than Saturday and Sunday, then the days so proclaimed employee shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments in respect of one of such public holidays then paid the Employer shall designate either regular holiday pay plus double (2X) the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if there is no such proclamation by either of such governments in respect of both of such public holidays, then the employees shall be entitled either to a holiday with pay in lieu of Christmas Day on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such public holidays, or either of them, at their respective regular rates of pay at for the option hours worked on such day off. Time worked on a public holidayor on the day off givento the employee in lieu of a public holiday pursuant to the Employerprovisions of this Article 7.7(e) shall not be treated as overtime except as provided in Article 5.8(b) and (c). For the purposes of this Article 7.7(e) a public holiday does not include a holiday designated by the Board pursuant to Article 7.7 unless the employee is entitled to that holidaywith pay in lieuof a public holiday. (iif) Whenever a public holiday defined in Article 7.7 falls on a Saturday or Sunday and is observed on any day from Monday to Friday, the day on which such holiday is observed shall, for the purposes of those employees referred to in Article 7.7(e), be deemed to be a public holidayand if such employees work on the Saturday or Sunday theyshall not be entitled to public holiday premium pay for work on either of those days. Notwithstanding anything contained in this Clause 10.3(aArticles 7.7 (a) or 7.7(e) prior to the beginning of any calendar year the Board and the Union may agree that whenever one of the aforementioned a public holidays, other than Christmas Day and Boxing Day, holiday defined in Article 7.7 falls on a Saturday or Sunday, instead of having all the those employees observe the referred to in Article 7.7(e) shall be paid public holiday premium pay for working on the same day the Employer may declare both the Friday immediately preceding Saturday or Sunday but such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Employer in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by the Employer and the remainder of the employees shall be entitled to a holiday with pay in lieu of such paid public holiday premium pay only once for the same holiday. For the purposes of this Article 7.7(f) "public holiday premium pay" means the equivalent compensation paid to employees referred to in Article 7.7(e) for working on the a public holiday defined in Article 7.7 which falls on or is observed on any day from Monday named by the Employerto Friday. (bg) An employee (except an employee governed by Article 7.7(e)) who is required to work on a public holiday defined in Article 7.7 which falls on or is observed on any day from Monday to Friday inclusive, inclusive shall be given credit paidthe normal rate for eight the saidholiday plusdouble (8) hours 2X) the hourly rate of straight time in lieu thereof. For the purposes pay of this Clause 10.3(b) a public holiday does not include a holiday declared by the Employer pursuant to Clause 10.3(a)(ii) unless the employee is entitled to that holiday with pay in lieu computed on the basis of a public the employee's normal working hours for the hours worked on the holiday.

Appears in 1 contract

Sources: Collective Agreement

Public Holidays. (a) All Permanent employees covered by this Agreement are shall be entitled to a holiday with pay on the following public holidays, namely: New Year's Day, Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day Day, and any other day appointed by Council of the City of Vancouver Employer to be a civic holiday. ; PROVIDED THAT: (i1) whenever one of the aforementioned public above-mentioned holidays falls on a Saturday or a Sunday and the Government of Canada and the Government of the Province of British Columbia Columbia, or either of them proclaim in the absence of the other, proclaims that such public holiday be observed on a day other than Saturday Satur- day or Sunday, then the day so proclaimed shall be read in substitution for such public holiday; SAVE AND EXCEPT THAT: whenever one of the aforementioned public holidays falls on a Saturday or a Sunday and neither the Government of Canada nor the Government of the Province of British Columbia proclaims that such public holiday but if there is no such proclamation by either of such governments be observed on a day other than Saturday or Sunday, or the proclamations of such governments do not proclaim the same day for the observance of such public holiday holiday, then not less than seven (7) calendar days prior to that public holiday, the Employer shall designate either post a notice or notices in conspicuous places so that each employee affected thereby may have ready access to and see the Friday immediately preceding same, designating the employee's holiday entitlement in accordance with one of the following methods: (.01) one (1) day's pay at the employee's regular rate of pay, or (.02) a holiday with pay within the calendar year in which such public holiday falls, on any normal working day which immediately precedes or immediately follows one of the Monday immediately following employee's normal rest days or one of the same as public holidays hereinbefore defined in this paragraph (a). (2) in the day case of an employee's termination of service for any reason, adjustment will be made for any overcompensation provided under paragraph (1)(.02) herein. (3) prior to observe such public holiday and the posting of any notice advising the employees of their entitlement under paragraph (a) herein, the Employer will afford the Union an opportunity to discuss the substance of the notice. (b) If a Public Holiday falls on a regular working day, while an employee is on annual vacation, the employee shall be entitled to a holiday receive one (1) additional day of vacation with pay in lieu of such the said Public Holiday. (c) Subject to clause (d), the following provisions shall apply to the employees hereinafter specified whose duties normally require them to work on public holidays or on scheduled shift work: (1) if an employee whose duties normally require work on public holidays or on scheduled shift work (but not including an employee who regularly works on day shift from Monday to Friday inclusive) is required to work on any public holiday as provided in Article 6.2(a) which falls on or is observed on any day from Monday to Friday inclusive, then the employee shall be paid the regular pay for the holiday and in addition thereto be given compensating time off equivalent to one and one-half (1½) times the number of hours worked on that public holiday; (2) if such employee is required to work on the day so designatedoff given in lieu of a public holiday, or pay pursuant to the employees provisions of this Article 6.2(c) then in lieu of such holiday the employee shall be paid their regular pay for the holiday plus double the hourly rate of pay of the employee computed on the basis of the employee's normal working hours for the hours worked on such day off; (3) time worked on a public holiday at their respective regular rates or on the day off given to the employee in lieu of pay; EXCEPT THAT: whenever Christmas Day a public holiday pursuant to the provisions of this Article 6.2(c) shall not be treated as overtime except as provided in Articles 4.6(a) and Boxing Day fall (b). (d) Whenever a public holiday defined in Article 6.2(a) falls on a Saturday or Sunday and Sunday respectively and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holidays be is observed on two (2) days other than Saturday and Sundayany day from Monday to Friday, then the days so proclaimed shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments in respect of one of such public holidays then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day on which such holiday is observed shall, for the purposes of those employees referred to observe such in Article 6.2(c), be deemed to be a public holiday and if such employees work on the employees Saturday or Sunday they shall not be entitled to a holiday with pay in lieu of such public holiday premium pay for work on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if there is no such proclamation by either of such governments in respect of both of such public holidays, then the employees shall be entitled either to a holiday with pay in lieu of Christmas Day on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such public holidays, or either of them, at their respective regular rates of pay at the option of the Employer. (ii) those days. Notwithstanding anything contained in this Clause 10.3(aArticle 6.2(a) or 6.2(c) prior to the beginning of any calendar year the Employer and the Union may agree that whenever one of the aforementioned a public holidays, other than Christmas Day and Boxing Day, holiday defined in Article 6.2(a) falls on a Saturday or Sunday, instead of having all those employees referred to in Article 6.2(c) shall be paid public holiday premium pay for working on the Saturday or Sunday but such employees observe shall be paid public holiday premium pay only once for the same holiday. Notwithstanding the above, where a public holiday falls on a scheduled work day and the employee is not normally required to work on the public holiday on the same day the Employer may declare both the Friday immediately preceding such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Employer in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by holiday, the Employer and the remainder of employee may mutually agree to allow the employees employee to work the recognized holiday as a normal work day and to provide for the public holiday to be taken on a work day adjacent to the employee's days off. In such cases, the day off adjacent to the days off shall be entitled to a holiday with pay in lieu treated as the recognized holiday. The Employer shall advise the Union when this provision is used. For the purposes of such this paragraph (d) "public holiday premium pay" means the equivalent compensation paid to employees referred to in Article 6.2(c) for working on the a public holiday defined in Article 6.2(a) which falls on or is observed on any day from Monday named by the Employerto Friday. (be) An employee (except an employee governed by Article 6.2(c)) who is required to work on a public holiday defined in Article 6.2(a) which falls on or is observed on any day from Monday to Friday inclusive, inclusive shall be given credit paid their normal rate for eight (8) hours the said holiday plus double the hourly rate of straight time in lieu thereof. For the purposes pay of this Clause 10.3(b) a public holiday does not include a holiday declared by the Employer pursuant to Clause 10.3(a)(ii) unless the employee is entitled to that holiday with pay in lieu computed on the basis of a public the employee's normal working hours for the hours worked on the holiday.

Appears in 1 contract

Sources: Collective Agreement

Public Holidays. (a) ‌ Effective 2023 October 18: All employees covered by this Agreement are Regular Full-Time Employees and Temporary Full-Time Employees shall be entitled to a holiday with pay on the following public holidays, namely: New Year's Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, National Day for Truth and Reconciliation, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day Day, and any other day appointed by Council of the City of Vancouver to be a civic municipal holiday. PROVIDED THAT: (ia) whenever one of the aforementioned above-mentioned public holidays falls on a Saturday or a Sunday and the Government of Canada and the Government of the Province of British Columbia Columbia, or either of them in the absence of the other, proclaim that such public holiday be observed on a day other than Saturday or Sunday, then the day so proclaimed shall be read in substitution for such public holiday; SAVE AND EXCEPT THAT: whenever one of the aforementioned public holidays falls on a Saturday or a Sunday and neither the Government of Canada nor the Government of the Province of British Columbia proclaims that such public holiday but if there is no such proclamation by either of such governments be observed on a day other than Saturday or Sunday, or the proclamations of such governments do not proclaim the same day for the observance of such public holiday, then not less than seven (7) calendar days prior to that public holiday, the City shall post a notice or notices in conspicuous places so that each employee affected thereby may have ready access to and see the same, designating the employee's holiday then entitlement in accordance with one of the Employer shall designate either following methods: (i) one (1) day's pay at the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to regular rate of pay, or (ii) a holiday with pay within the calendar year in lieu of which such public holiday falls, on the any normal working day so designated, which immediately precedes or pay the employees in lieu of such public holiday at their respective regular rates of pay; EXCEPT THAT: whenever Christmas Day and Boxing Day fall on a Saturday and Sunday respectively and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holidays be observed on two (2) days other than Saturday and Sunday, then the days so proclaimed shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments in respect of one of such public holidays then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if there is no such proclamation by either of such governments in respect of both of such public holidays, then the employees shall be entitled either to a holiday with pay in lieu of Christmas Day on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such public holidays, or either of them, at their respective regular rates of pay at the option of the Employer. (ii) Notwithstanding anything contained in this Clause 10.3(a) whenever follows one of the aforementioned public holidays, other than Christmas Day and Boxing Day, falls on a Saturday employee's normal rest days or Sunday, instead one of having all the employees observe the public holiday on the same day the Employer may declare both the Friday immediately preceding such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Employer holidays hereinbefore defined in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by the Employer and the remainder of the employees shall be entitled to a holiday with pay in lieu of such public holiday on the Monday named by the Employerthis Article 12.1. (b) An employee who is required in the case of an employee's termination of service for any reason, adjustment will be made for any overcompensation provided under paragraph (a)(ii) herein. (c) prior to work on the posting of any notice advising the employees of their entitlement under paragraph (a) herein, the City will afford the Union an opportunity to discuss the substance of the notice. (d) notwithstanding receipt of a public holiday which falls on or is observed from Monday to Friday inclusive, shall be given credit day's pay for eight (8) hours of straight time in lieu thereof. For the purposes of this Clause 10.3(b) a public holiday does not include a holiday declared by the Employer pursuant to Clause 10.3(a)(ii) unless the employee is entitled to that holiday with pay in lieu of a public holiday, it shall not be considered as time worked for the purpose of calculating overtime.

Appears in 1 contract

Sources: Collective Agreement

Public Holidays. (a) All employees covered by this Agreement are Employees hired on a full-time continuous basis shall be entitled to a holiday with pay on the following public holidays, namely: New Year's Day, Family Day*, Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any other day appointed by Council of the City of Vancouver to be a civic holiday. *If/when Family Day ceases to be a provincial public holiday under the laws of British Columbia, Family Day will no longer be considered a Public Holiday for the purposes of this Collective Agreement. PROVIDED THAT: (i1) whenever Whenever one of the aforementioned public above-mentioned holidays falls on a Saturday or a Sunday and the Government of Canada and the Government of the Province of British Columbia Columbia, or either of them in the absence of the other, proclaim that such public holiday be observed on a day other than Saturday or Sunday, then the day so proclaimed shall be read in substitution for such public holiday: SAVE AND EXCEPT THAT: Whenever one of the above-mentioned public holidays falls on a Saturday or a Sunday and neither the Government of Canada, nor the Government of the Province of British Columbia proclaims that such public holiday but if there is no such proclamation by either of such governments be observed on a day other than a Saturday or Sunday, or the proclamations of such governments do not proclaim the same day for the observance of such public holiday, then not less than seven (7) calendar days prior to that public holiday then the Employer Corporation shall designate either post a notice or notices in conspicuous places so that each employee affected thereby may have ready access to and see the Friday immediately preceding same, designating the employee's holiday entitlement in accordance with one of the following methods: (.01) One (1) day's pay at the employee's regular rate of pay, OR (.02) A holiday with pay within the calendar year in which such public holiday falls, on any normal working day which immediately precedes or immediately follows one of the Monday immediately following public holidays hereinbefore defined in this Section 7.3(a). (2) In the same as case of an employee's termination of service for any reason, adjustment will be made for any overcompensation provided under Section 7.3(a)(1)(.02) herein. (3) Prior to the day posting of any notice advising the employees of their entitlement under Section 7.3(a)(1) herein, the Corporation will afford the Union an opportunity to observe such discuss the substance of the notice. (b) If a public holiday and the employees falls on a regular working day while an employee is on annual vacation, that person shall be entitled to a holiday receive one (1) additional day of vacation with pay in lieu of such the said public holiday. (c) Subject to Clause (d), the following provisions shall apply to the employees hereinafter specified whose duties normally require them to work on public holidays or on scheduled shift work: (1) if an employee whose duties normally require them to work on public holidays or on scheduled shift work (but not including an employee who regularly works on day shift from Monday to Friday inclusive) is required to work on any public holiday as provided in Clause 7.3(a) which falls on or is observed on any day from Monday to Friday inclusive, then the employee shall be paid the regular pay for the holiday and in addition thereto the employee shall be given compensating time off equivalent to one and one-half (1½) times the number of hours worked on that public holiday. The Corporation shall have the ability to designate up to four (4) public holidays per year where the treatment for an employee who is working on the designated public holiday will be that the employee shall be paid one and one-half (1½) times their regular hourly rate for the hours worked on the public holiday and in addition the employee shall be given compensating time off equivalent to a regular work day in lieu of the public holiday; (2) if such employee is required to work on the day so designatedoff given in lieu of a public holiday, or pay pursuant to the employees provisions of this Clause (c), then in lieu of such holiday the employee shall be paid the regular pay for the holiday plus double the hourly rate of pay of the employee computed on the basis of the employee's normal working hours for the hours worked on such day off; (3) time worked on a public holiday at their respective regular rates or on the day off given to the employee in lieu of pay; EXCEPT THAT: whenever Christmas Day a public holiday pursuant to the provisions of this Clause (c) shall not be treated as overtime except as provided in Clauses 5.8(a) and Boxing Day fall (b). (d) Whenever a public holiday defined in Clause 7.3(a) falls on a Saturday or Sunday and Sunday respectively and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holidays be is observed on two (2) days other than Saturday and Sundayany day from Monday to Friday, then the days so proclaimed shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments in respect of one of such public holidays then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day on which such holiday is observed shall, for the purposes of those employees referred to observe such in Clause (c), be deemed to be a public holiday and if such employees work on the employees Saturday or Sunday they shall not be entitled to a holiday with pay in lieu of such public holiday premium pay for work on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if there is no such proclamation by either of such governments in respect of both of such public holidays, then the employees shall be entitled either to a holiday with pay in lieu of Christmas Day on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such public holidays, or either of them, at their respective regular rates of pay at the option of the Employer. (ii) those days. Notwithstanding anything contained in this Clause 10.3(a7.3(a) or Clause (c) prior to the beginning of any calendar year the Corporation and the Union may agree that whenever one of the aforementioned a public holidays, other than Christmas Day and Boxing Day, holiday defined in Clause 7.3 falls on a Saturday or Sunday, instead of having all the those employees observe the referred to in Clause (c) shall be paid public holiday premium pay for working on the same day the Employer may declare both the Friday immediately preceding Saturday or Sunday but such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Employer in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by the Employer and the remainder of the employees shall be entitled to a holiday with pay in lieu of such paid public holiday premium pay only once for the same holiday. For the purposes of this Clause (d) "public holiday premium pay" means the equivalent compensation paid to employees referred to in Clause (c) for working on the a public holiday defined in 7.3(a) which falls on or is observed on any day from Monday named by the Employerto Friday. (be) An employee (except an employee governed by ▇▇▇▇▇▇ (c)) who is required to work on a public holiday defined in Clause 7.3(a) which falls on or is observed on any day from Monday to Friday inclusive, inclusive shall be given credit paid the employee's normal rate for eight (8) hours the said holiday plus double the hourly rate of straight time in lieu thereof. For the purposes pay of this Clause 10.3(b) a public holiday does not include a holiday declared by the Employer pursuant to Clause 10.3(a)(ii) unless the employee is entitled to that holiday with pay in lieu computed on the basis of a public his normal working hours for the hours worked on the holiday.

Appears in 1 contract

Sources: Collective Agreement

Public Holidays. (a) All Subject to Clause 16(f) all regular and temporary full-time employees covered by this Agreement who are receiving benefits shall be entitled to a holiday with pay on the following public holidays, namelyPublic Holidays: New Year's Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any other day appointed by Council of the City of Vancouver Association to be a civic holiday. (b) Subject to Clause 16 (b), part-time employees receiving benefits shall receive public holiday pay on a prorated basis, in accordance with the percentage of full-time hours they actually worked in the thirty (30) calendar day period immediately preceding the holiday. PROVIDED THAT:In addition, if the holiday falls and is celebrated on a day that the part-time employee would have otherwise worked and the prorated holiday pay received for that day is less than the employee would have been paid by so working, the employee shall be given the opportunity to work additional time on another of his/her scheduled working days to make up the difference, or the employee may use vacation time to make up the difference. (ic) whenever one of the aforementioned public holidays falls When a Public Holiday occurs on a Saturday or a Sunday and either the Government of British Columbia or the Government of Canada and declares that the Government of holiday shall be observed on another day, that day shall be deemed to be the Province of British Columbia or either of them proclaim Public Holiday. If the two Governments do not declare that such public the holiday be observed on a day other than Saturday or Sunday, then the day so proclaimed shall be read in substitution for such public holiday but if there is no such proclamation by either of such governments or the proclamations of such governments do not proclaim the same day for or if neither Government declares that the observance of such public holiday be observed on another day then the Employer Association shall designate either declare either: (1) that the holiday be observed on the preceding Friday immediately preceding such public holiday or the Monday immediately following Monday; or (2) that some employees, as designated by the same as Association, shall observe the day to observe such public holiday on the preceding Friday and the remainder of the employees shall be entitled to a holiday with pay in lieu of such public observe the holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay; EXCEPT THAT: whenever following Monday. (d) When Christmas Day and Boxing Day fall on a Saturday and Sunday respectively respectively, the preceding Friday and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holidays be observed on two (2) days other than Saturday and Sunday, then the days so proclaimed following Monday shall be read in substitution for such public holidays butdeemed to be the holidays. (e) When a Public Holiday falls on an employee's regularly scheduled fortnight day off, if there is no such proclamation by either of such governments in respect of one of such public holidays then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the a mutually agreeable compensating day to observe such public holiday and the employees shall off will be entitled to allowed. (f) When employees, except those receiving a holiday with pay percentage in lieu of such public holiday on the day so designatedpaid benefits, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if there is no such proclamation by either of such governments in respect of both of such public holidays, then the employees shall be entitled either to a holiday with pay in lieu of Christmas Day on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such public holidays, or either of them, at their respective regular rates of pay at the option of the Employer. (ii) Notwithstanding anything contained in this Clause 10.3(a) whenever one of the aforementioned public holidays, other than Christmas Day and Boxing Day, falls on a Saturday or Sunday, instead of having all the employees observe the public holiday on the same day the Employer may declare both the Friday immediately preceding such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Employer in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by the Employer and the remainder of the employees shall be entitled to a holiday with pay in lieu of such public holiday on the Monday named by the Employer. (b) An employee who is are required to work on a public holiday which falls Public Holiday as provided for in Clause 16(a) and (b), they shall be paid at two (2) times their regular hourly rate of pay for all hours worked on or is observed from Monday to Friday inclusivethe holiday, and in addition shall be given credit for eight time off equivalent to one (8) hours of straight time 1) day in lieu thereofof that Public Holiday. For the purposes of this Clause 10.3(b16(f) a public holiday Public Holiday does not include a holiday declared by the Employer Association pursuant to Clause 10.3(a)(ii16(c) (2) unless the employee is entitled to that holiday with pay in lieu of a public Public Holiday. (g) A Public Holiday will be treated as a normal working day for those employees receiving a percentage in lieu of benefits. Thus, these employees who work on a Public Holiday will be paid straight time rates for the normal daily hours and at normal overtime rates for any hours worked in excess of normal daily or weekly hours. Similarly, an employee who does not work on a Public Holiday will not receive any pay or compensating time off in lieu of the holiday. (h) Whenever a Public Holiday falls on a Saturday or a Sunday and is observed on a weekday, that weekday shall be treated as the holiday for the purposes of attracting premium rates for employees required to work on that day and work performed on the Saturday or Sunday shall not attract Public Holiday premium rates. However, if prior to the beginning of any calendar year the Association and the Union agree to recognize the Saturday or the Sunday as the premium day for those employees required to work on Public Holidays, they may do so, but there may be only one premium day for such employees with respect to any one Public Holiday.

Appears in 1 contract

Sources: Collective Agreement

Public Holidays. (a) All employees covered by this Agreement are hired on a full‐time continuous basis shall be entitled to a holiday with pay upon the commencement of their employment on the following public holidays, namely: New Year's Day, Family Day* (effective 2014 February 22), Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any other day appointed by Council of the City of Vancouver to be a civic holiday. * If/when Family Day ceases to be a provincial public holiday under the laws of British Columbia, Family Day will no longer be considered a Public Holiday for the purposes of this Collective Agreement. PROVIDED THAT: (i1) whenever Whenever one of the aforementioned above‐mentioned public holidays falls on a Saturday or a Sunday and the Government of Canada and the Government of the Province of British Columbia Columbia, or either of them in the absence of the other, proclaim that such public holiday be observed on a day other than Saturday or Sunday, then the day so proclaimed shall be read in substitution for such public holiday; SAVE AND EXCEPT THAT: Whenever one of the aforementioned public holiday but if there is no falls on a Saturday or a Sunday and neither the Government of Canada nor the Government of the Province of British Columbia proclaims that such proclamation by either of such governments public holiday be observed on a day other than Saturday or Sunday, or the proclamations of such governments do not proclaim the same day for the observance of such public holiday holiday, then not less than seven (7) calendar days prior to that public holiday, the Employer shall designate either post a notice or notices in conspicuous places so that each employee affected thereby may have ready access to and see the Friday immediately preceding same, designating the employee's holiday entitlement in accordance with one of the following methods: (.01) one day's pay at his/her regular rate of pay, or (.02) a holiday with pay within the calendar year in which such public holiday falls, on any normal working day which immediately precedes or immediately follows one of the Monday immediately following employee's normal rest days or one of the same as public holidays hereinbefore defined in this Article 6.3(a). (2) In the day case of an employee's termination of service for any reason, adjustment will be made for any overcompensation provided under Section 6.3(a)(1)(.02) herein. (3) Prior to observe such public holiday and the posting of any notice advising the employees of their entitlement under Section 6.3(a)(1) herein, the Employer will afford the Union an opportunity to discuss the substance of the notice. (b) If a Public Holiday falls on a regular working day while an employee is on annual vacation, the employee shall be entitled to a holiday receive one (1) additional day of vacation with pay in lieu of such the said Public Holiday. (c) Subject to Article 6.3(e), the following provisions shall apply to the employees hereinafter specified whose duties normally require them to work on public holidays or on scheduled shift work: (1) if employee(s), whose duties normally require them to work on public holidays or on scheduled shift work (but not including an employee who regularly works on day shift from Monday to Friday inclusive), is required to work on any public holiday as provided in Article 6.3(a) which falls on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay; EXCEPT THAT: whenever Christmas Day and Boxing Day fall on a Saturday and Sunday respectively and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holidays be is observed on two (2) days other than Saturday and Sunday, then the days so proclaimed shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments in respect of one of such public holidays then the Employer shall designate either the any day from Monday to Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if there is no such proclamation by either of such governments in respect of both of such public holidaysinclusive, then the employees shall be entitled either paid the regular pay for the holiday and in addition thereto shall be given compensating time off equivalent to a holiday with pay one and one‐half (1½) times the number of hours worked on that public holiday; (2) if such employee is required to work on the day off given in lieu of Christmas Day on a public holiday, pursuant to the Friday immediately preceding Christmas Day and a holiday with pay in lieu provisions of Boxing Day on the Monday immediately following Boxing Daythis Article 6.3(c), or pay then in lieu of such public holidays, or either of them, at their respective holiday the employee shall be paid the regular rates pay for the holiday plus double the hourly rate of pay at the option of the Employeremployee computed on the basis of the normal working hours for the hours worked on such day off; (3) time worked on a public holiday or on the day off given to the employees in lieu of a public holiday pursuant to the provisions of this Article 6.3(c) shall not be treated as overtime except as provided in Article 4.12. (iid) Whenever a public holiday defined in Article 6.3(a) falls on a Saturday or Sunday and is observed on any day from Monday to Friday, the day on which such holiday is observed shall, for the purposes of those employees referred to in Article 6.3(c), be deemed to be a public holiday and if such employees work on the Saturday or Sunday they shall not be entitled to public holiday premium pay for work on either of those days. Notwithstanding anything contained in this Clause 10.3(aArticles 6.3(a) or 6.3(c) prior to the beginning of any calendar year the Employer and the Union may agree that whenever one of the aforementioned public holidays, other than Christmas Day and Boxing Day, a Public Holiday defined in Article 6.3(a) falls on a Saturday or Sunday, instead of having all the those employees observe the referred to in Article 6.3(c) shall be paid public holiday premium pay for working on the same day the Employer may declare both the Friday immediately preceding Saturday or Sunday but such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Employer in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by the Employer and the remainder of the employees shall be entitled to a holiday with pay in lieu of such paid public holiday on premium pay only once for the Monday named by the Employer. (b) An employee who is required to work on a public holiday which falls on or is observed from Monday to Friday inclusive, shall be given credit for eight (8) hours of straight time in lieu thereof. For the purposes of this Clause 10.3(b) a public holiday does not include a holiday declared by the Employer pursuant to Clause 10.3(a)(ii) unless the employee is entitled to that holiday with pay in lieu of a public same holiday.

Appears in 1 contract

Sources: Collective Agreement

Public Holidays. (a) All employees covered by this Agreement are Employees hired on a full-time continuous basis shall be entitled to a holiday with pay on the following public holidays, namely: New Year's Day, Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any other day appointed by Council of the City of Vancouver to be a civic holiday. PROVIDED THAT: (i1) whenever Whenever one of the aforementioned public above-mentioned holidays falls on a Saturday or a Sunday and the Government of Canada and the Government of the Province of British Columbia Columbia, or either of them in the absence of the other, proclaim that such public holiday be observed on a day other than Saturday or Sunday, then the day so proclaimed shall be read in substitution for such public holiday: SAVE AND EXCEPT THAT: Whenever one of the above-mentioned public holidays falls on a Saturday or a Sunday and neither the Government of Canada, nor the Government of the Province of British Columbia proclaims that such public holiday but if there is no such proclamation by either of such governments be observed on a day other than a Saturday or Sunday, or the proclamations of such governments do not proclaim the same day for the observance of such public holiday, then not less than seven (7) calendar days prior to that public holiday then the Employer Corporation shall designate either post a notice or notices in conspicuous places so that each employee affected thereby may have ready access to and see the Friday immediately preceding same, designating the employee's holiday entitlement in accordance with one of the following methods: (.01) One day's pay at the employee's regular rate of pay, OR (.02) A holiday with pay within the calendar year in which such public holiday falls, on any normal working day which immediately precedes or immediately follows one of the Monday immediately following public holidays hereinbefore defined in this Section 6.3(a). (2) In the same as case of an employee's termination of service for any reason, adjustment will be made for any overcompensation provided under Section 6.3(a)(1)(.02) herein. (3) Prior to the day posting of any notice advising the employees of their entitlement under Section 6.3(a)(1) herein, the Corporation will afford the Union an opportunity to observe such discuss the substance of the notice. (b) If a public holiday and the employees falls on a regular working day while an employee is on annual vacation, that person shall be entitled to a holiday receive one (1) additional day of vacation with pay in lieu of such the said public holiday. (c) Subject to Clause (d), the following provisions shall apply to the employees hereinafter specified whose duties normally require them to work on public holidays or on scheduled shift work: (1) if an employee whose duties normally require them to work on public holidays or on scheduled shift work (but not including an employee who regularly works on day shift from Monday to Friday inclusive) is required to work on any public holiday as provided in Clause 6.3(a) which falls on or is observed on any day from Monday to Friday inclusive, then the employee shall be paid the regular pay for the holiday and in addition thereto the employee shall be given compensating time off equivalent to one and one-half (1½) times the number of hours worked on that public holiday; (2) if such employee is required to work on the day so designatedoff given in lieu of a public holiday, or pay pursuant to the employees provisions of this Clause (c), then in lieu of such holiday the employee shall be paid the regular pay for the holiday plus double the hourly rate of pay of the employee computed on the basis of the employee's normal working hours for the hours worked on such day off; (3) time worked on a public holiday at their respective regular rates or on the day off given to the employee in lieu of pay; EXCEPT THAT: whenever Christmas Day a public holiday pursuant to the provisions of this Clause (c) shall not be treated as overtime except as provided in Clauses 4.8(a) and Boxing Day fall (b). (d) Whenever a public holiday defined in Clause 6.3(a) falls on a Saturday or Sunday and Sunday respectively and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holidays be is observed on two (2) days other than Saturday and Sundayany day from Monday to Friday, then the days so proclaimed shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments in respect of one of such public holidays then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day on which such holiday is observed shall, for the purposes of those employees referred to observe such in Clause (c), be deemed to be a public holiday and if such employees work on the employees Saturday or Sunday they shall not be entitled to a holiday with pay in lieu of such public holiday premium pay for work on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if there is no such proclamation by either of such governments in respect of both of such public holidays, then the employees shall be entitled either to a holiday with pay in lieu of Christmas Day on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such public holidays, or either of them, at their respective regular rates of pay at the option of the Employer. (ii) those days. Notwithstanding anything contained in this Clause 10.3(a6.3(a) or Clause (c) prior to the beginning of any calendar year the Corporation and the Union may agree that whenever one of the aforementioned a public holidays, other than Christmas Day and Boxing Day, holiday defined in Clause 6.3 falls on a Saturday or Sunday, instead of having all the those employees observe the referred to in Clause (c) shall be paid public holiday premium pay for working on the same day the Employer may declare both the Friday immediately preceding Saturday or Sunday but such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Employer in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by the Employer and the remainder of the employees shall be entitled to a holiday with pay in lieu of such paid public holiday premium pay only once for the same holiday. For the purposes of this Clause (d) "public holiday premium pay" means the equivalent compensation paid to employees referred to in Clause (c) for working on the a public holiday defined in 6.3(a) which falls on or is observed on any day from Monday named by the Employerto Friday. (be) An employee (except an employee governed by ▇▇▇▇▇▇ (c)) who is required to work on a public holiday defined in Clause 6.3(a) which falls on or is observed on any day from Monday to Friday inclusive, inclusive shall be given credit paid the employee's normal rate for eight (8) hours the said holiday plus double the hourly rate of straight time in lieu thereof. For the purposes pay of this Clause 10.3(b) a public holiday does not include a holiday declared by the Employer pursuant to Clause 10.3(a)(ii) unless the employee is entitled to that holiday with pay in lieu computed on the basis of a public his normal working hours for the hours worked on the holiday.

Appears in 1 contract

Sources: Collective Agreement

Public Holidays. (a) All employees covered by this Agreement are 13.1 Subject to Clause 13.1(e), all Regular Full-Time Employees and Temporary Full-Time Employees shall be entitled to a holiday with pay on the following public holidays, namely: , New Year's Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any other day appointed by Council of the City of Vancouver to be a civic holiday. PROVIDED THAT:British (ia) whenever Whenever one of the aforementioned above-mentioned public holidays falls on a Saturday or a Sunday and the Government of Canada and the Government of the Province of British Columbia Columbia, or either of them in the absence of the other, proclaim that such public holiday be observed on a day other than Saturday or Sunday, then the day so proclaimed shall be read in substitution for such public holiday; SAVE AND EXCEPT THAT: Whenever one of the aforementioned public holidays falls on a Saturday or a Sunday and neither of the Government of Canada nor the Government of the Province of British Columbia proclaims that such public holiday but if there is no such proclamation by either of such governments be observed on a day other than Saturday or Sunday, or the proclamations of such governments Governments do not proclaim the same day for the observance of such public holiday, then not less than seven (7) calendar days prior to that public holiday then the Employer shall designate either post a notice or notices in conspicuous places so that each employee affected thereby may have ready access to and see the Friday immediately preceding such public same, designating the employee's holiday or entitlement in accordance with one of the Monday immediately following methods: (i) one (1) day's pay at the same as the day to observe such public holiday and the employees shall be entitled to employee's regular rate of pay, or (ii) a holiday with pay within the calendar year in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay; EXCEPT THAT: whenever Christmas Day and Boxing Day fall on a Saturday and Sunday respectively and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that which such public holidays be observed falls, on two (2) days other than Saturday and Sunday, then the days so proclaimed shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments in respect of one of such public holidays then the Employer shall designate either the Friday any normal working day which immediately preceding such public holiday precedes or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if there is no such proclamation by either of such governments in respect of both of such public holidays, then the employees shall be entitled either to a holiday with pay in lieu of Christmas Day on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such public holidays, or either of them, at their respective regular rates of pay at the option of the Employer. (ii) Notwithstanding anything contained in this Clause 10.3(a) whenever follows one of the aforementioned public holidays, other than Christmas Day and Boxing Day, falls on a Saturday employee's normal rest days or Sunday, instead one of having all the employees observe the public holiday on the same day the Employer may declare both the Friday immediately preceding such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Employer holidays hereinbefore defined in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by the Employer and the remainder of the employees shall be entitled to a holiday with pay in lieu of such public holiday on the Monday named by the Employerthis paragraph 13.1. (b) In the case of an employee's termination of service for any reason, adjustment will be made for any over-compensation provided under paragraph (a)(ii) herein. (c) Prior to the posting of any notice advising the employees of their entitlement under paragraph (a) herein, the Employer will afford the Union an opportunity to discuss the substance of the notice. (d) Notwithstanding receipt of a day's pay for a public holiday, it shall not be considered as time worked for the purpose of calculating overtime. (e) An employee who will be paid for a public holiday only if the employee works on the scheduled working day prior to and the scheduled working day after such holiday, providing the employee is not sick, on compensation, on annual vacation, or on authorized leave of absence. (f) An employee required to work on a public holiday which falls on or is observed from shift other than Monday to Friday inclusive, shall be given credit for eight (8) hours of straight time in lieu thereof. For the purposes of this Clause 10.3(b) a granted all public holiday does not include a holiday declared by the Employer pursuant to Clause 10.3(a)(ii) unless the employee is entitled to that holiday holidays with pay as provided in lieu of a public holidayClause 13.1.

Appears in 1 contract

Sources: Collective Agreement

Public Holidays. (a) All Subject to Clauses 9.3(b) and 9.3(c) the employees covered by this Agreement are shall be entitled to a holiday with pay on the following public holidays, namely: namely:- New Year's Day, Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any other day appointed by Council of the City of Vancouver Council to be a civic holiday. ; PROVIDED THAT:THAT:- (i) whenever one of the aforementioned public holidays falls on a Saturday or a Sunday and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holiday be observed on a day other than Saturday or Sunday, Sunday then the day so proclaimed shall be read in substitution for such public holiday but if there is no such proclamation by either of such governments or the proclamations pro- clamation of such governments do not proclaim the same day for the observance of such public holiday then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay; EXCEPT THAT: whenever THAT:- Whenever Christmas Day and Boxing Day fall on a Saturday and Sunday respectively and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holidays be observed on two (2) days other than Saturday and Sunday, Sunday then the days so proclaimed shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments govern- ments in respect of one of such public holidays then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if . If there is no such proclamation by either of such governments in respect of both of such public holidays, then the employees shall be entitled either to a holiday with pay in lieu of Christmas Day on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such public holidays, or either of them, at their respective regular rates of pay at the option of the Employer. (ii) Notwithstanding anything contained in this Clause 10.3(a9.3(a) whenever one of the aforementioned public holidays, other than Christmas Day and Boxing Day, falls fall on a Saturday or Sunday, instead of having all the employees observe the public holiday on the same day the Employer may declare both the Friday immediately preceding such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Employer in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by the Employer and the remainder of the employees shall be entitled to a holiday with pay in lieu of such public holiday on the Monday named by the Employer. (b) An Subject to Clause 9.3(c), the following provisions shall apply to the employees hereinafter specified whose duties normally require them to work on public holidays or on scheduled shift work: (i) if an employee whose duties normally require such employee to work on public holidays or on scheduled shift work (but not including an employee who regularly works on day shift from Monday to Friday inclusive) is required to work on a any public holiday as provided for in Clause 9.3(a) which falls on or is observed on any day from Monday to Friday inclusive, then such employee shall be paid the regular pay for the holiday and in addition thereto such employee shall be given credit for eight compensating time off equivalent to one and one-half (8) 1½) times the number of hours of straight time worked on that public holiday; (ii) if such employee is required to work on the day off given in lieu thereof. For of a public holiday, pursuant to the provisions of this Clause 9.3(b), then in lieu of such holiday the employee shall be paid the employee's regular pay for the holiday plus double the hourly rate of pay of the employee computed on the basis of the employee's normal working hours for the hours worked on such day off; (iii) time worked on a public holiday or on the day off given to the employee in lieu of a public holiday pursuant to the provisions of this Clause 9.3(b), shall not be treated as overtime except as provided in Clauses 8.1(a), 8.1(b) and 8.1(c); (iv) for the purposes of this Clause 10.3(b9.3(b) a public holiday does not include a holiday declared by the Employer pursuant to Clause 10.3(a)(ii9.3(a)(ii) unless the employee is entitled to that holiday with pay in lieu of a public holiday. (c) Whenever a public holiday defined in Clause 9.3(a) falls on a Saturday or Sunday and is observed on any day from Monday to Friday, the day on which such holiday is observed shall, for the purposes of those employees referred to in Clause 9.3(b), be deemed to be a public holiday and if such employees work on the Saturday or Sunday they shall not be entitled to public holiday premium pay for work on either of those days. Notwithstanding anything contained in Clause 9.3(a) or 9.3(b) prior to the beginning of any calendar year the Employer and the Union may agree that whenever a public holiday defined in Clause 9.3(a) falls on a Saturday or Sunday those employees referred to in Clause 9.3(b) shall be paid public holiday premium pay for working on the Saturday or Sunday but such employees shall be paid public holiday premium pay only once for the same holiday. For the purposes of this Clause 9.3(c) "public holiday premium pay" means the equivalent compensation paid to employees referred to in Clause 9.3(b) for working on a public holiday defined in 9.3(a) which falls on or is observed on any day from Monday to Friday. (d) An employee (except an employee governed by Clause 9.3(b)) who is required to work on a public holiday defined in Clause 9.3(a) which falls on or is observed on any day from Monday to Friday inclusive shall be paid at the regular pay for the said holiday plus double the hourly rate of pay of the employee computed on the basis of the employee's normal working hours for the hours worked on the holiday. For the purposes of this Clause 9.3(d) a public holiday does not include a holiday declared by the Employer pursuant to Clause 9.3(a)(ii) unless the employee is entitled to that holiday with pay in lieu of a public holiday.

Appears in 1 contract

Sources: Collective Agreement

Public Holidays. (a) All employees covered by this Agreement are Regular Full‐Time Employees and Temporary Full‐Time Employees shall be entitled to a holiday with pay on the following public holidays, namely: New Year's Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day Day, and any other day appointed by Council of the City of Vancouver to be a civic municipal holiday. PROVIDED THAT: (ia) whenever one of the aforementioned above‐mentioned public holidays falls on a Saturday or a Sunday and the Government of Canada and the Government of the Province of British Columbia Columbia, or either of them in the absence of the other, proclaim that such public holiday be observed on a day other than Saturday or Sunday, then the day so proclaimed shall be read in substitution for such public holiday; SAVE AND EXCEPT THAT: whenever one of the aforementioned public holidays falls on a Saturday or a Sunday and neither the Government of Canada nor the Government of the Province of British Columbia proclaims that such public holiday but if there is no such proclamation by either of such governments be observed on a day other than Saturday or Sunday, or the proclamations of such governments do not proclaim the same day for the observance of such public holiday, then not less than seven (7) calendar days prior to that public holiday, the Corporation shall post a notice or notices in conspicuous places so that each employee affected thereby may have ready access to and see the same, designating the employee's holiday then entitlement in accordance with one of the Employer shall designate either following methods: (i) one (1) day's pay at the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to regular rate of pay, or (ii) a holiday with pay within the calendar year in lieu of which such public holiday falls, on the any normal working day so designated, which immediately precedes or pay the employees in lieu of such public holiday at their respective regular rates of pay; EXCEPT THAT: whenever Christmas Day and Boxing Day fall on a Saturday and Sunday respectively and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holidays be observed on two (2) days other than Saturday and Sunday, then the days so proclaimed shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments in respect of one of such public holidays then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if there is no such proclamation by either of such governments in respect of both of such public holidays, then the employees shall be entitled either to a holiday with pay in lieu of Christmas Day on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such public holidays, or either of them, at their respective regular rates of pay at the option of the Employer. (ii) Notwithstanding anything contained in this Clause 10.3(a) whenever follows one of the aforementioned public holidays, other than Christmas Day and Boxing Day, falls on a Saturday employee's normal rest days or Sunday, instead one of having all the employees observe the public holiday on the same day the Employer may declare both the Friday immediately preceding such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Employer holidays hereinbefore defined in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by the Employer and the remainder of the employees shall be entitled to a holiday with pay in lieu of such public holiday on the Monday named by the Employerthis Article 12.1. (b) An employee who is required in the case of an employee's termination of service for any reason, adjustment will be made for any overcompensation provided under paragraph (a)(ii) herein. (c) prior to work on the posting of any notice advising the employees of their entitlement under paragraph (a) herein, the Corporation will afford the Union an opportunity to discuss the substance of the notice. (d) notwithstanding receipt of a public holiday which falls on or is observed from Monday to Friday inclusive, shall be given credit day's pay for eight (8) hours of straight time in lieu thereof. For the purposes of this Clause 10.3(b) a public holiday does not include a holiday declared by the Employer pursuant to Clause 10.3(a)(ii) unless the employee is entitled to that holiday with pay in lieu of a public holiday, it shall not be considered as time worked for the purpose of calculating overtime.

Appears in 1 contract

Sources: Collective Agreement

Public Holidays. (a) All employees covered by this Agreement are Regular Full-Time Employees and Temporary Full-Time Employees shall be entitled to a holiday with pay on the following public holidays, namely: New Year's Day, Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day Day, and any other day appointed by Council of the City of Vancouver to be a civic municipal holiday. PROVIDED THAT: (ia) whenever one of the aforementioned above-mentioned public holidays falls on a Saturday or a Sunday and the Government of Canada and the Government of the Province of British Columbia Columbia, or either of them in the absence of the other, proclaim that such public holiday be observed on a day other than Saturday or Sunday, then the day so proclaimed shall be read in substitution for such public holiday; SAVE AND EXCEPT THAT: whenever one of the aforementioned public holidays falls on a Saturday or a Sunday and neither the Government of Canada nor the Government of the Province of British Columbia proclaims that such public holiday but if there is no such proclamation by either of such governments be observed on a day other than Saturday or Sunday, or the proclamations of such governments do not proclaim the same day for the observance of such public holiday, then not less than seven (7) calendar days prior to that public holiday, the Corporation shall post a notice or notices in conspicuous places so that each employee affected thereby may have ready access to and see the same, designating the employee's holiday then entitlement in accordance with one of the Employer shall designate either following methods: (i) one (1) day's pay at the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to regular rate of pay, or (ii) a holiday with pay within the calendar year in lieu of which such public holiday falls, on the any normal working day so designated, which immediately precedes or pay the employees in lieu of such public holiday at their respective regular rates of pay; EXCEPT THAT: whenever Christmas Day and Boxing Day fall on a Saturday and Sunday respectively and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holidays be observed on two (2) days other than Saturday and Sunday, then the days so proclaimed shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments in respect of one of such public holidays then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if there is no such proclamation by either of such governments in respect of both of such public holidays, then the employees shall be entitled either to a holiday with pay in lieu of Christmas Day on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such public holidays, or either of them, at their respective regular rates of pay at the option of the Employer. (ii) Notwithstanding anything contained in this Clause 10.3(a) whenever imme- diately follows one of the aforementioned public holidays, other than Christmas Day and Boxing Day, falls on a Saturday employee's normal rest days or Sunday, instead one of having all the employees observe the public holiday on the same day the Employer may declare both the Friday immediately preceding such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Employer holidays hereinbefore defined in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by the Employer and the remainder of the employees shall be entitled to a holiday with pay in lieu of such public holiday on the Monday named by the Employerthis Article 12.1. (b) An employee who is required in the case of an employee's termination of service for any reason, adjustment will be made for any overcompensation provided under paragraph (a)(ii) herein. (c) prior to work on the posting of any notice advising the employees of their entitlement under paragraph (a) herein, the Corporation will afford the Union an opportunity to discuss the substance of the notice. (d) notwithstanding receipt of a public holiday which falls on or is observed from Monday to Friday inclusive, shall be given credit day's pay for eight (8) hours of straight time in lieu thereof. For the purposes of this Clause 10.3(b) a public holiday does not include a holiday declared by the Employer pursuant to Clause 10.3(a)(ii) unless the employee is entitled to that holiday with pay in lieu of a public holiday, it shall not be considered as time worked for the purpose of calculating overtime.

Appears in 1 contract

Sources: Collective Agreement

Public Holidays. (a) All employees covered by this Agreement are Regular Full-Time Employees and Temporary Full-Time Employees shall be entitled to a holiday with pay on the following public holidays, namely: New Year's Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day Day, and any other day appointed by Council of the City of Vancouver to be a civic municipal holiday. PROVIDED THAT: (ia) whenever one of the aforementioned above-mentioned public holidays falls on a Saturday or a Sunday and the Government of Canada and the Government of the Province of British Columbia Columbia, or either of them in the absence of the other, proclaim that such public holiday be observed on a day other than Saturday or Sunday, then the day so proclaimed shall be read in substitution for such public holiday; SAVE AND EXCEPT THAT: whenever one of the aforementioned public holidays falls on a Saturday or a Sunday and neither the Government of Canada nor the Government of the Province of British Columbia proclaims that such public holiday but if there is no such proclamation by either of such governments be observed on a day other than Saturday or Sunday, or the proclamations of such governments do not proclaim the same day for the observance of such public holiday, then not less than seven (7) calendar days prior to that public holiday, the City shall post a notice or notices in conspicuous places so that each employee affected thereby may have ready access to and see the same, designating the employee's holiday then entitlement in accordance with one of the Employer shall designate either following methods: (i) one (1) day's pay at the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to regular rate of pay, or (ii) a holiday with pay within the calendar year in lieu of which such public holiday falls, on the any normal working day so designated, which immediately precedes or pay the employees in lieu of such public holiday at their respective regular rates of pay; EXCEPT THAT: whenever Christmas Day and Boxing Day fall on a Saturday and Sunday respectively and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holidays be observed on two (2) days other than Saturday and Sunday, then the days so proclaimed shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments in respect of one of such public holidays then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if there is no such proclamation by either of such governments in respect of both of such public holidays, then the employees shall be entitled either to a holiday with pay in lieu of Christmas Day on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such public holidays, or either of them, at their respective regular rates of pay at the option of the Employer. (ii) Notwithstanding anything contained in this Clause 10.3(a) whenever follows one of the aforementioned public holidays, other than Christmas Day and Boxing Day, falls on a Saturday employee's normal rest days or Sunday, instead one of having all the employees observe the public holiday on the same day the Employer may declare both the Friday immediately preceding such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Employer holidays hereinbefore defined in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by the Employer and the remainder of the employees shall be entitled to a holiday with pay in lieu of such public holiday on the Monday named by the Employerthis Article 12.1. (b) An employee who is required in the case of an employee's termination of service for any reason, adjustment will be made for any overcompensation provided under paragraph (a)(ii) herein. (c) prior to work on the posting of any notice advising the employees of their entitlement under paragraph (a) herein, the City will afford the Union an opportunity to discuss the substance of the notice. (d) notwithstanding receipt of a public holiday which falls on or is observed from Monday to Friday inclusive, shall be given credit day's pay for eight (8) hours of straight time in lieu thereof. For the purposes of this Clause 10.3(b) a public holiday does not include a holiday declared by the Employer pursuant to Clause 10.3(a)(ii) unless the employee is entitled to that holiday with pay in lieu of a public holiday, it shall not be considered as time worked for the purpose of calculating overtime.

Appears in 1 contract

Sources: Collective Agreement

Public Holidays. (a) All employees covered by this Agreement are Regular Full-Time Employees and Temporary Full-Time Employees shall be entitled to a holiday with pay on the following public holidays, namely: New Year's Day, Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day Day, and any other day appointed by Council of the City of Vancouver to be a civic municipal holiday. PROVIDED THAT: (ia) whenever one of the aforementioned above-mentioned public holidays falls on a Saturday or a Sunday and the Government of Canada and the Government of the Province of British Columbia Columbia, or either of them in the absence of the other, proclaim that such public holiday be observed on a day other than Saturday or Sunday, then the day so proclaimed shall be read in substitution for such public holiday; SAVE AND EXCEPT THAT: whenever one of the aforementioned public holidays falls on a Saturday or a Sunday and neither the Government of Canada nor the Government of the Province of British Columbia proclaims that such public holiday but if there is no such proclamation by either of such governments be observed on a day other than Saturday or Sunday, or the proclamations of such governments govern- ments do not proclaim the same day for the observance of such public holiday, then not less than seven (7) calendar days prior to that public holiday, the Board shall post a notice or notices in conspicuous places so that each employee affected thereby may have ready access to and see the same, designating the employee's holiday then entitlement in accordance with one of the Employer shall designate either following methods: (i) one (1) day's pay at the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to regular rate of pay, or (ii) a holiday with pay within the calendar year in lieu of which such public holiday falls, on the any normal working day so designated, which immediately precedes or pay the employees in lieu of such public holiday at their respective regular rates of pay; EXCEPT THAT: whenever Christmas Day and Boxing Day fall on a Saturday and Sunday respectively and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holidays be observed on two (2) days other than Saturday and Sunday, then the days so proclaimed shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments in respect of one of such public holidays then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if there is no such proclamation by either of such governments in respect of both of such public holidays, then the employees shall be entitled either to a holiday with pay in lieu of Christmas Day on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such public holidays, or either of them, at their respective regular rates of pay at the option of the Employer. (ii) Notwithstanding anything contained in this Clause 10.3(a) whenever follows one of the aforementioned public holidays, other than Christmas Day and Boxing Day, falls on a Saturday employee's normal rest days or Sunday, instead one of having all the employees observe the public holiday on the same day the Employer may declare both the Friday immediately preceding such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Employer holidays hereinbefore defined in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by the Employer and the remainder of the employees shall be entitled to a holiday with pay in lieu of such public holiday on the Monday named by the Employerthis Article 12.1. (b) An employee who is required in the case of an employee's termination of service for any reason, adjustment will be made for any overcompensation provided under paragraph (a)(ii) herein. (c) prior to work on the posting of any notice advising the employees of their entitlement under paragraph (a) herein, the Board will afford the Union an opportunity to discuss the substance of the notice. (d) notwithstanding receipt of a public holiday which falls on or is observed from Monday to Friday inclusive, shall be given credit day's pay for eight (8) hours of straight time in lieu thereof. For the purposes of this Clause 10.3(b) a public holiday does not include a holiday declared by the Employer pursuant to Clause 10.3(a)(ii) unless the employee is entitled to that holiday with pay in lieu of a public holiday, it shall not be considered as time worked for the purpose of calculating overtime.

Appears in 1 contract

Sources: Collective Agreement

Public Holidays. (a) All employees covered by this Agreement are Regular Full-Time Employees and Temporary Full-Time Employees shall be entitled to a holiday with pay on the following public holidays, namely: New Year's Day, Family Day, Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day Day, and any other day appointed by Council of the City of Vancouver to be a civic municipal holiday. PROVIDED THAT: (ia) whenever one of the aforementioned above-mentioned public holidays falls on a Saturday or a Sunday and the Government of Canada and the Government of the Province of British Columbia Columbia, or either of them in the absence of the other, proclaim that such public holiday be observed on a day other than Saturday or Sunday, then the day so proclaimed shall be read in substitution for such public holiday; SAVE AND EXCEPT THAT: whenever one of the aforementioned public holidays falls on a Saturday or a Sunday and neither the Government of Canada nor the Government of the Province of British Columbia proclaims that such public holiday but if there is no such proclamation by either of such governments be observed on a day other than Saturday or Sunday, or the proclamations of such governments do not proclaim the same day for the observance of such public holiday, then not less than seven (7) calendar days prior to that public holiday, the Board shall post a notice or notices in conspicuous places so that each employee affected thereby may have ready access to and see the same, designating the employee's holiday then entitlement in accordance with one of the Employer shall designate either following methods: (i) one (1) day's pay at the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to regular rate of pay, or (ii) a holiday with pay within the calendar year in lieu of which such public holiday falls, on the any normal working day so designated, which immediately precedes or pay the employees in lieu of such public holiday at their respective regular rates of pay; EXCEPT THAT: whenever Christmas Day and Boxing Day fall on a Saturday and Sunday respectively and the Government of Canada and the Government immediately follows one (1) of the Province of British Columbia employee's normal rest days or either of them proclaim that such public holidays be observed on two (2) days other than Saturday and Sunday, then the days so proclaimed shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments in respect of one of such public holidays then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if there is no such proclamation by either of such governments in respect of both of such public holidays, then the employees shall be entitled either to a holiday with pay in lieu of Christmas Day on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such public holidays, or either of them, at their respective regular rates of pay at the option of the Employer. (ii) Notwithstanding anything contained in this Clause 10.3(a) whenever one of the aforementioned public holidays, other than Christmas Day and Boxing Day, falls on a Saturday or Sunday, instead of having all the employees observe the public holiday on the same day the Employer may declare both the Friday immediately preceding such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Employer holidays hereinbefore defined in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by the Employer and the remainder of the employees shall be entitled to a holiday with pay in lieu of such public holiday on the Monday named by the Employerthis Article 12.1. (b) An employee who is required in the case of an employee's termination of service for any reason, adjustment will be made for any overcompensation provided under paragraph (a)(ii) herein. (c) prior to work on the posting of any notice advising the employees of their entitlement under paragraph (a) herein, the Board will afford the Union an opportunity to discuss the substance of the notice. (d) notwithstanding receipt of a public holiday which falls on or is observed from Monday to Friday inclusive, shall be given credit day's pay for eight (8) hours of straight time in lieu thereof. For the purposes of this Clause 10.3(b) a public holiday does not include a holiday declared by the Employer pursuant to Clause 10.3(a)(ii) unless the employee is entitled to that holiday with pay in lieu of a public holiday, it shall not be considered as time worked for the purpose of calculating overtime.

Appears in 1 contract

Sources: Collective Agreement

Public Holidays. (a) All Subject to Clauses 9.3(b) and 9.3(c) the employees covered by this Agreement are shall be entitled to a holiday with pay on the following public holidays, namely: New Year's Day, Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any other day appointed by Council of the City of Vancouver Council to be a civic holiday. ; PROVIDED THAT: (i) whenever one of the aforementioned public holidays falls on a Saturday or a Sunday and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holiday be observed on a day other than Saturday or Sunday, Sunday then the day so proclaimed shall be read in substitution for such public holiday but if there is no such proclamation by either of such governments or the proclamations proclamation of such governments do not proclaim the same day for the observance of such public holiday then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay; EXCEPT THAT: whenever Whenever Christmas Day and Boxing Day fall on a Saturday and Sunday respectively and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holidays be observed on two (2) days other than Saturday and Sunday, Sunday then the days so proclaimed shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments in respect of one of such public holidays then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if . If there is no such proclamation by either of such governments in respect of both of such public holidays, then the employees shall be entitled either to a holiday with pay in lieu of Christmas Day on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such public holidays, or either of them, at their respective regular rates of pay at the option of the Employer. (ii) Notwithstanding anything contained in this Clause 10.3(a9.3(a) whenever one of the aforementioned public holidays, other than Christmas Day and Boxing Day, falls fall on a Saturday or Sunday, instead of having all the employees observe the public holiday on the same day the Employer may declare both the Friday immediately preceding such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Employer in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by the Employer and the remainder of the employees shall be entitled to a holiday with pay in lieu of such public holiday on the Monday named by the Employer. (b) An Subject to Clause 9.3(c), the following provisions shall apply to the employees hereinafter specified whose duties normally require them to work on public holidays or on scheduled shift work: (i) if an employee whose duties normally require such employee to work on public holidays or on scheduled shift work (but not including an employee who regularly works on day shift from Monday to Friday inclusive) is required to work on a any public holiday as provided for in Clause 9.3(a) which falls on or is observed on any day from Monday to Friday inclusive, then such employee shall be paid the regular pay for the holiday and in addition thereto such employee shall be given credit for eight compensating time off equivalent to one and one-half (8) 1½) times the number of hours of straight time worked on that public holiday; (ii) if such employee is required to work on the day off given in lieu thereof. For of a public holiday, pursuant to the provisions of this Clause 9.3(b), then in lieu of such holiday the employee shall be paid the regular pay for the holiday plus double the hourly rate of pay of the employee computed on the basis of the employee's normal working hours for the hours worked on such day off; (iii) time worked on a public holiday or on the day off given to the employee in lieu of a public holiday pursuant to the provisions of this Clause 9.3(b), shall not be treated as overtime except as provided in Clauses 8.1(a), 8.1(b) and 8.1(c); (iv) for the purposes of this Clause 10.3(b9.3(b) a public holiday does not include a holiday declared by the Employer pursuant to Clause 10.3(a)(ii9.3(a)(ii) unless the employee is entitled to that holiday with pay in lieu of a public holiday. (c) Whenever a public holiday defined in Clause 9.3(a) falls on a Saturday or Sunday and is observed on any day from Monday to Friday, the day on which such holiday is observed shall, for the purposes of those employees referred to in Clause 9.3(b), be deemed to be a public holiday and if such employees work on the Saturday or Sunday they shall not be entitled to public holiday premium pay for work on either of those days. Notwithstanding anything contained in Clause 9.3(a) or 9.3(b) prior to the beginning of any calendar year the Employer and the Union may agree that whenever a public holiday defined in Clause 9.3(a) falls on a Saturday or Sunday those employees referred to in Clause 9.3(b) shall be paid public holiday premium pay for working on the Saturday or Sunday but such employees shall be paid public holiday premium pay only once for the same holiday. For the purposes of this Clause 9.3(c) "public holiday premium pay" means the equivalent compensation paid to employees referred to in Clause 9.3(b) for working on a public holiday defined in 9.3(a) which falls on or is observed on any day from Monday to Friday. (d) An employee (except an employee governed by Clause 9.3(b)) who is required to work on a public holiday defined in Clause 9.3(a) which falls on or is observed on any day from Monday to Friday inclusive, shall be paid the regular pay for the said holiday plus double the hourly rate of pay of the employee computed on the basis of the employee's normal working hours for the hours worked on the holiday. For the purposes of this Clause 9.3(d) a public holiday does not include a holiday declared by the Employer pursuant to Clause 9.3(a)(ii) unless the employee is entitled to that holiday with pay in lieu of a public holiday.

Appears in 1 contract

Sources: Collective Agreement

Public Holidays. (a) All Subject to Clauses 9.3(b) and 9.3(c) the employees covered by this Agreement are shall be entitled to a holiday with pay on the following public holidays, namely: namely:- New Year's Day, Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any other day appointed by Council of the City of Vancouver Council to be a civic holiday. ; PROVIDED THAT:THAT:- (i) whenever one of the aforementioned public holidays falls on a Saturday or a Sunday and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holiday be observed on a day other than Saturday or Sunday, Sunday then the day so proclaimed shall be read in substitution for such public holiday but if there is no such proclamation by either of such governments or the proclamations proclamation of such governments do not proclaim the same day for the observance of such public holiday then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay; EXCEPT THAT: whenever THAT:- Whenever Christmas Day and Boxing Day fall on a Saturday and Sunday respectively and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holidays be observed on two (2) days other than Saturday and Sunday, Sunday then the days so proclaimed shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments govern- ments in respect of one of such public holidays then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if . If there is no such proclamation by either of such governments in respect of both of such public holidays, then the employees shall be entitled either to a holiday with pay in lieu of Christmas Day on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such public holidays, or either of them, at their respective regular rates of pay at the option of the Employer. (ii) Notwithstanding anything contained in this Clause 10.3(a9.3(a) whenever one of the aforementioned public holidays, other than Christmas Day and Boxing Day, falls fall on a Saturday or Sunday, instead of having all the employees observe the public holiday on the same day the Employer may declare both the Friday immediately preceding such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Employer in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by the Employer and the remainder of the employees shall be entitled to a holiday with pay in lieu of such public holiday on the Monday named by the Employer. (b) An Subject to Clause 9.3(c), the following provisions shall apply to the employees hereinafter specified whose duties normally require them to work on public holidays or on scheduled shift work: (i) if an employee whose duties normally require such employee to work on public holidays or on scheduled shift work (but not including an employee who regularly works on day shift from Monday to Friday inclusive) is required to work on a any public holiday as provided for in Clause 9.3(a) which falls on or is observed on any day from Monday to Friday inclusive, then such employee shall be paid the regular pay for the holiday and in addition thereto such employee shall be given credit for eight compensating time off equivalent to one and one-half (8) 1½) times the number of hours of straight time worked on that public holiday; (ii) if such employee is required to work on the day off given in lieu thereof. For of a public holiday, pursuant to the provisions of this Clause 9.3(b), then in lieu of such holiday the employee shall be paid the regular pay for the holiday plus double the hourly rate of pay of the employee computed on the basis of the employee's normal working hours for the hours worked on such day off; (iii) time worked on a public holiday or on the day off given to the employee in lieu of a public holiday pursuant to the provisions of this Clause 9.3(b), shall not be treated as overtime except as provided in Clauses 8.1(a), 8.1(b) and 8.1(c); (iv) for the purposes of this Clause 10.3(b9.3(b) a public holiday does not include a holiday declared by the Employer pursuant to Clause 10.3(a)(ii9.3(a)(ii) unless the employee is entitled to that holiday with pay in lieu of a public holiday. (c) Whenever a public holiday defined in Clause 9.3(a) falls on a Saturday or Sunday and is observed on any day from Monday to Friday, the day on which such holiday is observed shall, for the purposes of those employees referred to in Clause 9.3(b), be deemed to be a public holiday and if such employees work on the Saturday or Sunday they shall not be entitled to public holiday premium pay for work on either of those days. Notwithstanding anything contained in Clause 9.3(a) or 9.3(b) prior to the beginning of any calendar year the Employer and the Union may agree that whenever a public holiday defined in Clause 9.3(a) falls on a Saturday or Sunday those employees referred to in Clause 9.3(b) shall be paid public holiday premium pay for working on the Saturday or Sunday but such employees shall be paid public holiday premium pay only once for the same holiday. For the purposes of this Clause 9.3(c) "public holiday premium pay" means the equivalent compensation paid to employees referred to in Clause 9.3(b) for working on a public holiday defined in 9.3(a) which falls on or is observed on any day from Monday to Friday. (d) An employee (except an employee governed by Clause 9.3(b)) who is required to work on a public holiday defined in Clause 9.3(a) which falls on or is observed on any day from Monday to Friday inclusive shall be paid the regular pay for the said holiday plus double the hourly rate of pay of the employee computed on the basis of the employee's normal working hours for the hours worked on the holiday. For the purposes of this Clause 9.3(d) a public holiday does not include a holiday declared by the Employer pursuant to Clause 9.3(a)(ii) unless the employee is entitled to that holiday with pay in lieu of a public holiday.

Appears in 1 contract

Sources: Collective Agreement

Public Holidays. (a) All employees covered by this Agreement are entitled to a holiday with pay on the following public holidays, namely: New Year's Day, Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any other day appointed by Council of the City of Vancouver to be a civic holiday. PROVIDED THAT: (i) whenever one of the aforementioned public holidays falls on a Saturday or a Sunday and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holiday be observed on a day other than Saturday or Sunday, then the day so proclaimed shall be read in substitution for such public holiday but if there is no such proclamation by either of such governments or the proclamations of such governments do not proclaim the same day for the observance of such public holiday then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay; EXCEPT THAT: whenever Christmas Day and Boxing Day fall on a Saturday and Sunday respectively and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holidays be observed on two (2) days other than Saturday and Sunday, then the days so proclaimed shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments in respect of one of such public holidays then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if there is no such proclamation by either of such governments in respect of both of such public holidays, then the employees shall be entitled either to a holiday with pay in lieu of Christmas Day on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such public holidays, or either of them, at their respective regular rates of pay at the option of the Employer. (ii) Notwithstanding anything contained in this Clause 10.3(a) whenever one of the aforementioned public holidays, other than Christmas Day and Boxing Day, falls on a Saturday or Sunday, instead of having all the employees observe the public holiday on the same day the Employer may declare both the Friday immediately preceding such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Employer in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by the Employer and the remainder of the employees shall be entitled to a holiday with pay in lieu of such public holiday on the Monday named by the Employer.Employer.‌‌ (b) An employee who is required to work on a public holiday which falls on or is observed from Monday to Friday inclusive, shall be given credit for eight (8) hours of straight time in lieu thereof. For the purposes of this Clause 10.3(b) a public holiday does not include a holiday declared by the Employer pursuant to Clause 10.3(a)(ii) unless the employee is entitled to that holiday with pay in lieu of a public holiday.

Appears in 1 contract

Sources: Collective Agreement

Public Holidays. (a) All Subject to Clauses 9.3(b) and 9.3(c) the employees covered by this Agreement are shall be entitled to a holiday with pay on the following public holidays, namely: namely:‐ New Year's Day, Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any other day appointed by Council of the City of Vancouver Council to be a civic holiday. ; PROVIDED THAT:THAT:‐ (i) whenever one of the aforementioned public holidays falls on a Saturday or a Sunday and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holiday be observed on a day other than Saturday or Sunday, Sunday then the day so proclaimed shall be read in substitution for such public holiday but if there is no such proclamation by either of such governments or the proclamations proclamation of such governments do not proclaim the same day for the observance of such public holiday then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay; EXCEPT THAT: whenever THAT:‐ Whenever Christmas Day and Boxing Day fall on a Saturday and Sunday respectively and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holidays be observed on two (2) days other than Saturday and Sunday, Sunday then the days so proclaimed shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments in respect of one of such public holidays then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if . If there is no such proclamation by either of such governments in respect of both of such public holidays, then the employees shall be entitled either to a holiday with pay in lieu of Christmas Day on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such public holidays, or either of them, at their respective regular rates of pay at the option of the Employer. (ii) Notwithstanding anything contained in this Clause 10.3(a9.3(a) whenever one of the aforementioned public holidays, other than Christmas Day and Boxing Day, falls fall on a Saturday or Sunday, instead of having all the employees observe the public holiday on the same day the Employer may declare both the Friday immediately preceding such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Employer in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by the Employer and the remainder of the employees shall be entitled to a holiday with pay in lieu of such public holiday on the Monday named by the Employer. (b) An Subject to Clause 9.3(c), the following provisions shall apply to the employees hereinafter specified whose duties normally require them to work on public holidays or on scheduled shift work: (i) if an employee whose duties normally require such employee to work on public holidays or on scheduled shift work (but not including an employee who regularly works on day shift from Monday to Friday inclusive) is required to work on a any public holiday as provided for in Clause 9.3(a) which falls on or is observed on any day from Monday to Friday inclusive, then such employee shall be paid the regular pay for the holiday and in addition thereto such employee shall be given credit for eight compensating time off equivalent to one and one‐half (8) 1½) times the number of hours of straight time worked on that public holiday; (ii) if such employee is required to work on the day off given in lieu thereof. For of a public holiday, pursuant to the provisions of this Clause 9.3(b), then in lieu of such holiday the employee shall be paid the regular pay for the holiday plus double the hourly rate of pay of the employee computed on the basis of the employee's normal working hours for the hours worked on such day off; (iii) time worked on a public holiday or on the day off given to the employee in lieu of a public holiday pursuant to the provisions of this Clause 9.3(b), shall not be treated as overtime except as provided in Clauses 8.1(a), 8.1(b) and 8.1(c); (iv) for the purposes of this Clause 10.3(b9.3(b) a public holiday does not include a holiday declared by the Employer pursuant to Clause 10.3(a)(ii9.3(a)(ii) unless the employee is entitled to that holiday with pay in lieu of a public holiday. (c) Whenever a public holiday defined in Clause 9.3(a) falls on a Saturday or Sunday and is observed on any day from Monday to Friday, the day on which such holiday is observed shall, for the purposes of those employees referred to in Clause 9.3(b), be deemed to be a public holiday and if such employees work on the Saturday or Sunday they shall not be entitled to public holiday premium pay for work on either of those days. Notwithstanding anything contained in Clause 9.3(a) or 9.3(b) prior to the beginning of any calendar year the Employer and the Union may agree that whenever a public holiday defined in Clause 9.3(a) falls on a Saturday or Sunday those employees referred to in Clause 9.3(b) shall be paid public holiday premium pay for working on the Saturday or Sunday but such employees shall be paid public holiday premium pay only once for the same holiday. For the purposes of this Clause 9.3(c) "public holiday premium pay" means the equivalent compensation paid to employees referred to in Clause 9.3(b) for working on a public holiday defined in 9.3(a) which falls on or is observed on any day from Monday to Friday. (d) An employee (except an employee governed by Clause 9.3(b)) who is required to work on a public holiday defined in Clause 9.3(a) which falls on or is observed on any day from Monday to Friday inclusive shall be paid the regular pay for the said holiday plus double the hourly rate of pay of the employee computed on the basis of the employee's normal working hours for the hours worked on the holiday. For the purposes of this Clause 9.3(d) a public holiday does not include a holiday declared by the Employer pursuant to Clause 9.3(a)(ii) unless the employee is entitled to that holiday with pay in lieu of a public holiday.

Appears in 1 contract

Sources: Collective Agreement

Public Holidays. (a) All employees covered by this Agreement are 14.1 Subject to Clause 14.1(e), all Regular Full-Time Employees and Temporary Full-Time Employees shall be entitled to a holiday with pay on the following public holidays, namely: , New Year's Day, Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any other day appointed by Council of the City of Vancouver to be a civic holiday. PROVIDED THAT: (ia) whenever Whenever one of the aforementioned above-mentioned public holidays falls on a Saturday or a Sunday and the Government of Canada and the Government of the Province of British Columbia Columbia, or either of them in the absence of the other, proclaim that such public holiday be observed on a day other than Saturday or Sunday, then the day so proclaimed shall be read in substitution for such public holiday; SAVE AND EXCEPT THAT: Whenever one of the aforementioned public holidays falls on a Saturday or a Sunday and neither of the Government of Canada nor the Government of the Province of British Columbia proclaims that such public holiday but if there is no such proclamation by either of such governments be observed on a day other than Saturday or Sunday, or the proclamations of such governments Governments do not proclaim the same day for the observance of such public holiday, then not less than seven (7) calendar days prior to that public holiday then the Employer shall designate either post a notice or notices in conspicuous places so that each employee affected thereby may have ready access to and see the Friday immediately preceding such public same, designating the employee's holiday or entitlement in accordance with one of the Monday immediately following methods: (i) one (1) day's pay at the same as the day to observe such public holiday and the employees shall be entitled to employee's regular rate of pay, or (ii) a holiday with pay within the calendar year in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay; EXCEPT THAT: whenever Christmas Day and Boxing Day fall on a Saturday and Sunday respectively and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that which such public holidays be observed falls, on two (2) days other than Saturday and Sunday, then the days so proclaimed shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments in respect of one of such public holidays then the Employer shall designate either the Friday any normal working day which immediately preceding such public holiday precedes or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if there is no such proclamation by either of such governments in respect of both of such public holidays, then the employees shall be entitled either to a holiday with pay in lieu of Christmas Day on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such public holidays, or either of them, at their respective regular rates of pay at the option of the Employer. (ii) Notwithstanding anything contained in this Clause 10.3(a) whenever imme- diately follows one of the aforementioned public holidays, other than Christmas Day and Boxing Day, falls on a Saturday employee's normal rest days or Sunday, instead one of having all the employees observe the public holiday on the same day the Employer may declare both the Friday immediately preceding such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Employer holidays hereinbefore defined in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by the Employer and the remainder of the employees shall be entitled to a holiday with pay in lieu of such public holiday on the Monday named by the Employer.this paragraph 14.1. Notes Class Title Pay Grade (b) In the case of an employee's termination of service for any reason, adjustment will be made for any over-compensation provided under paragraph (a)(ii) herein. (c) Prior to the posting of any notice advising the employees of their entitlement under paragraph (a) herein, the Employer will afford the Association an oppor- tunity to discuss the substance of the notice. (d) Notwithstanding receipt of a day's pay for a public holiday, it shall not be considered as time worked for the purpose of calculating overtime. (e) An employee who will be paid for a public holiday only if the employee works on the scheduled working day prior to and the scheduled working day after such holiday, providing the employee is not sick, on compensation, on annual vacation, or on authorized leave of absence. (f) An employee required to work on a public holiday which falls on or is observed from shift other than Monday to Friday inclusive, shall be given credit for eight (8) hours of straight time in lieu thereof. For the purposes of this Clause 10.3(b) a granted all public holiday does not include a holiday declared by the Employer pursuant to Clause 10.3(a)(ii) unless the employee is entitled to that holiday holidays with pay as provided in lieu of a public holidayClause 14.1.

Appears in 1 contract

Sources: Collective Agreement

Public Holidays. (a) All employees covered by this Agreement are hired on a full-time continuous basis shall be entitled to a holiday with pay upon the commencement of their employment on the following public holidays, namely: New Year's Day, Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Remem- brance Day, Christmas Day, Boxing Day and any other day appointed by Council of the City of Vancouver to be a civic holiday. PROVIDED THAT: (i1) whenever Whenever one of the aforementioned above-mentioned public holidays falls on a Saturday or a Sunday and the Government of Canada and the Government of the Province of British Columbia Columbia, or either of them in the absence of the other, proclaim that such public holiday be observed on a day other than Saturday or Sunday, then the day so proclaimed shall be read in substitution for such public holiday; SAVE AND EXCEPT THAT: Whenever one of the aforementioned public holiday but if there is no falls on a Saturday or a Sunday and neither the Government of Canada nor the Government of the Province of British Columbia proclaims that such proclamation by either of such governments public holiday be observed on a day other than Saturday or Sunday, or the proclamations of such governments do not proclaim the same day for the observance of such public holiday, then not less than seven (7) calendar days prior to that public holiday, the Corporation shall post a notice or notices in conspicuous places so that each employee affected thereby may have ready access to and see the same, designating the employee's holiday then entitlement in accordance with one of the Employer shall designate either following methods: (.01) one day's pay at his regular rate of pay, or (.02) a holiday with pay within the Friday immediately preceding calendar year in which such public holiday falls, on any normal working day which immediately precedes or immediately follows one of the Monday immediately following employee's normal rest days or one of the same as public holidays hereinbefore defined in this Article 6.3(a). (2) In the day case of an employee's termination of service for any reason, adjustment will be made for any overcompensation provided under Section 6.3(a)(1)(.02) herein. (3) Prior to observe such public holiday and the posting of any notice advising the employees of their entitlement under Section 6.3(a)(1) herein, the Corporation will afford the Union an opportunity to discuss the substance of the notice. (b) If a Public Holiday falls on a regular working day while an employee is on annual vacation, the employee shall be entitled to a holiday receive one (1) additional day of vacation with pay in lieu of such the said Public Holiday. (c) Subject to Article 6.3(e), the following provisions shall apply to the employees hereinafter specified whose duties normally require them to work on public holidays or on scheduled shift work: (1) if employee(s), whose duties normally require them to work on public holidays or on scheduled shift work (but not including an employee who regularly works on day shift from Monday to Friday inclusive), is required to work on any public holiday as provided in Article 6.3(a) which falls on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay; EXCEPT THAT: whenever Christmas Day and Boxing Day fall on a Saturday and Sunday respectively and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holidays be is observed on two (2) days other than Saturday and Sunday, then the days so proclaimed shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments in respect of one of such public holidays then the Employer shall designate either the any day from Monday to Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if there is no such proclamation by either of such governments in respect of both of such public holidaysinclusive, then the employees shall be entitled either paid the regular pay for the holiday and in addition thereto shall be given compensating time off equivalent to a holiday with pay in lieu one and one-half (1½) times the number of Christmas Day hours worked on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such that public holidays, or either of them, at their respective regular rates of pay at the option of the Employer.holiday; (ii2) Notwithstanding anything contained in this Clause 10.3(a) whenever one of the aforementioned public holidays, other than Christmas Day and Boxing Day, falls on a Saturday or Sunday, instead of having all the employees observe the public holiday on the same day the Employer may declare both the Friday immediately preceding if such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Employer in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by the Employer and the remainder of the employees shall be entitled to a holiday with pay in lieu of such public holiday on the Monday named by the Employer. (b) An employee who is required to work on a public holiday which falls on or is observed from Monday to Friday inclusive, shall be the day off given credit for eight (8) hours of straight time in lieu thereof. For the purposes of this Clause 10.3(b) a public holiday does not include a holiday declared by the Employer pursuant to Clause 10.3(a)(ii) unless the employee is entitled to that holiday with pay in lieu of a public holiday, pursuant to the provisions of this Article 6.3(c), then in lieu of such holiday the employee shall be paid the regular pay for the holiday plus double the hourly rate of pay of the employee computed on the basis of the normal working hours for the hours worked on such day off; (3) time worked on a public holiday or on the day off given to the employees in lieu of a public holiday pursuant to the provisions of this Article 6.3(c) shall not be treated as overtime except as provided in Article 4.12. (d) Whenever a public holiday defined in Article 6.3(a) falls on a Saturday or Sunday and is observed on any day from Monday to Friday, the day on which such holiday is observed shall, for the purposes of those employees referred to in Article 6.3(c), be deemed to be a public holiday and if such employees work on the Saturday or Sunday they shall not be entitled to public holiday premium pay for work on either of those days.

Appears in 1 contract

Sources: Collective Agreement

Public Holidays. (a) All employees covered by this Agreement are Subject to Clause all Regular and Temporary Employees shall be entitled to a holiday with pay on the following public holidays, namely: , New Year's Day, Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any other day appointed by Council of the City of Vancouver to be a civic holiday. PROVIDED THAT: (i) whenever : Whenever one of the aforementioned above-mentioned public holidays falls on a Saturday or a Sunday and the Government of Canada and the Government of the Province of British Columbia Columbia, or either of them in the absence of the other, proclaim that such public holiday be observed on a day other than Saturday or Sunday, then the day so proclaimed shall be read in substitution for such public holiday; Whenever one of the aforementioned public falls on a Saturday a Sunday and neither of the Government of Canada nor the Government of the Province of British Columbia proclaims that such public holiday but if there is no such proclamation by either of such governments be observed on a day other than Saturday or Sunday, or the proclamations of such governments Govern- ments do not proclaim the same day for the observance of such public holiday holiday, then the Employer shall designate either the Friday immediately preceding such not less than seven (7) calendar days prior to public holiday the Corporation shall a or conspicuous places so that each employee affected have ready access to and see the Monday immediately designating the employee's holiday entitlement in accordance with one of the following the same as the day to observe such public holiday and the employees shall be entitled to methods: one day's pay at his regular rate of pay, or a holiday with pay within the calendar year in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay; EXCEPT THAT: whenever Christmas Day and Boxing Day fall on a Saturday and Sunday respectively and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that which such public holidays be observed falls, on two (2) days other than Saturday and Sunday, then the days so proclaimed shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments in respect of one of such public holidays then the Employer shall designate either the Friday any normal working day precedes or immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if there is no such proclamation by either of such governments in respect of both of such public holidays, then the employees shall be entitled either to a holiday with pay in lieu of Christmas Day on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such public holidays, or either of them, at their respective regular rates of pay at the option of the Employer. (ii) Notwithstanding anything contained in this Clause 10.3(a) whenever follows one of the aforementioned employee's normal rest days one of the public holidaysholidays hereinbefore defined in this paragraph In the case of an employee's termination of service for any reason, adjustment will be made for any under paragraph herein. Prior to the posting of any notice advising the employees of their entitlement under paragraph (a) herein, the Corporation will afford the Union an opportunity to discuss the substance of the notice. receipt of a pay for a public holiday, it shall not be considered as time worked for the purpose of overtime. An employee will be paid for a public if he works on the scheduled working day prior to and the scheduled working day after such holiday, providing the employee is not sick, on compensation, on annual vacation, or on authorized leave of absence, An employee required to work a shift other than Christmas Day and Boxing Day, falls Monday to Friday shall be granted all public holidays with pay as provided in Clause Except as otherwise provided in Clause with respect to public holidays falling on a Saturday or a Sunday, instead of having all the employees observe the if an employee whose duties normally require him to work on public holiday on the same day the Employer may declare both the Friday immediately preceding such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Employer in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by the Employer and the remainder of the employees shall be entitled to a holiday with pay in lieu of such public holiday on the Monday named by the Employer. (b) An employee who holidays, is required to work on a any public holiday named in Clause which falls on or is observed any day from Monday to Friday inclusive, then he shall be paid his regular pay for the holiday and in addition thereto he shall be given credit for eight (8) compensating time off equivalent to one and one-half times the number of hours of straight time worked on the holiday. employee is required to work on the day off given to him in lieu thereofof a public holiday, pursuant to the provisions of this Clause herein, then in lieu of such he shall be paid his regular pay for the public holiday plus double the regular rates of pay for the hours worked on such day off. Time beyond the employee's normal daily hours on the day off given to the in lieu of a public holiday shall be treated as overtime. For the purposes purpose of this Clause 10.3(b) a public holiday does not include a holiday declared designated by the Employer Corporation pursuant to Clause 10.3(a)(ii) unless the employee is entitled to that holiday with pay in lieu of a public holiday.

Appears in 1 contract

Sources: Collective Agreement

Public Holidays. (a) All Subject to Clause 8.3(b) all employees covered by this Agreement who have completed six (6) months' continuous service are entitled to a holiday with pay on the following public holidays, namely: New Year's Day, Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Remem- brance Day, Christmas Day, Boxing Day and any other day appointed by the Council of the City of Vancouver to be a civic holiday. PROVIDED THAT: (i) whenever one of the aforementioned public holidays falls on a Saturday or a Sunday and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holiday be observed on a day other than Saturday or Sunday, Sunday then the day so proclaimed shall be read in substitution for such public holiday but if there is no such proclamation by either of such governments or the proclamations of such governments do not proclaim the same day for the observance of such public holiday then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay; EXCEPT THAT: whenever Christmas Day and Boxing Day fall on a Saturday and Sunday respectively and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holidays be observed on two (2) days other than Saturday and Sunday, Sunday then the days so proclaimed shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments in respect of one of such public holidays then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if there is no such proclamation by either of such governments in respect of both of such public holidays, then the employees shall be entitled either to a holiday with pay in lieu of Christmas Day on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such public holidays, or either of them, at their respective regular rates of pay at the option of the Employer. (ii) Notwithstanding anything contained in this Clause 10.3(a8.3(a) whenever one of the aforementioned public holidays, other than Christmas Day and Boxing Day, falls on a Saturday or Sunday, instead of having all the employees observe the public holiday on the same day the Employer may declare both the Friday immediately preceding such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Employer in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by the Employer and the remainder of the employees shall be entitled to a holiday with pay in lieu of such public holiday on the Monday named by the Employer. (b) An If an employee who whose duties normally require such employee to work on public holidays is required to work on a any public holiday as provided for in Clause 8.3(a) which falls on or is observed on any day from Monday to Friday inclusive, then the employee shall be paid regular pay for the holiday and in addition thereto given credit for eight compensating time off equivalent to one and one-half (8) 1½) times the number of hours of straight time worked on that public holiday. If such employee is required to work on the day off given in lieu thereofof a public holiday, pursuant to the provisions of this Clause 8.3(b), then in lieu of such holiday, the employee shall be paid regular pay for the holiday plus double the hourly rate of pay of the employee computed on the basis of the normal working hours for the hours worked on such day off. For the purposes of this Clause 10.3(b8.3(b) a public holiday does not include a holiday declared by the Employer City pursuant to Clause 10.3(a)(ii8.3(a)(ii) unless the employee is entitled to that holiday with pay in lieu of a public holiday. (c) An employee who has completed a continuous six (6) months' service (except an employee governed by Clause 8.3(b)) and who is required to work on a public holiday defined in Clause 8.3(a) which falls on or is observed on any day from Monday to Friday inclusive shall be paid their regular pay for the said holiday plus double the hourly rate of pay for the employee computed on the basis of the normal working hours for the hours worked on the holiday. For the purpose of this Clause 8.3(c) a public holiday does not include a holiday declared by the Employer pursuant to Clause 8.3(a)(ii) unless the employee is entitled to that holiday with pay in lieu of a public holiday. (d) The provisions of paragraphs 3, 4 and 5 of Schedule "B" shall be applicable to those employees who have earned compensating time off for working on a public holiday pursuant to Clause 8.3(b).

Appears in 1 contract

Sources: Collective Agreement

Public Holidays. (ai) All employees covered by this Agreement are An employee other than a casual employee, shall be entitled to a holiday with pay on the following public holidays, namelyholidays without loss of pay: New Year's Day, ; Australia Day; Good Friday; Easter Saturday; Easter Sunday, Easter Monday, Victoria ; Anzac Day, Canada Day, British Columbia Day, ; Queen's Birthday; Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, ; Boxing Day Day; and any other day appointed by Council duly proclaimed and observed as a public holiday within the area in which the place of the City of Vancouver to be a civic holiday. PROVIDED THAT:employment is situated. (iii) whenever one of the aforementioned In addition to those public holidays falls on a Saturday or a Sunday and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holiday be observed on a day other than Saturday or Sundayspecified in sub-clause (i), then the day so proclaimed shall be read in substitution for such public holiday but if there is no such proclamation by either of such governments or the proclamations of such governments do not proclaim the same day for the observance of such public holiday then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such an extra public holiday each year. Such public holiday shall occur on the day so designatedon which August Bank Holiday is observed, or pay at the employees in lieu election of such the employer may be transferred as an additional public holiday at their respective regular rates of pay; EXCEPT THAT: whenever Christmas Day and Boxing Day fall on a Saturday and Sunday respectively and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holidays be observed on two (2) days other than Saturday and Sunday, then the days so proclaimed shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments in respect of one of such public holidays then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if there is no such proclamation by either of such governments in respect of both of such public holidays, then the employees shall be entitled either to a holiday with pay in lieu of between Christmas Day on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such public holidays, or either of them, at their respective regular rates of pay at the option of the EmployerNew Year. (iia) Notwithstanding anything contained in this Clause 10.3(a) whenever one Any individual employer wishing to transfer the August Bank holiday shall nominate before 1 July of each calendar year the aforementioned public holidays, other than Christmas Day and Boxing Day, falls day on a Saturday or Sunday, instead of having all which the employees observe the additional public holiday on is to be observed. Such date shall occur within the same day the Employer may declare both the days Monday to Friday immediately preceding such inclusive and shall not coincide with a date that is already a gazetted public holiday and for that calendar year. Once such an election is made, such date then becomes the Monday immediately following date on which the same for the observance of such additional public holiday and such of the employees as shall is to be designated observed for all workers in that establishment covered by the Employer in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by the Employer and the remainder of the employees shall be entitled to a holiday with pay in lieu of such public holiday on the Monday named by the Employerthis Agreement. (b) The foregoing does not apply in areas where in each year:- (1) A day in addition to the eleven (11) named public holidays specified in sub-clause (i) is proclaimed and observed as a public holiday; or (2) Two (2) half (1/2) days in addition to the eleven (11) named public holidays specified in sub-clause (i) are proclaimed and observed as half- public holidays. (c) An employee who is required to and does work on any public holiday prescribed in this Clause, shall be paid in lieu of all other shift allowances (except broken shift allowance), weekend penalty rates, as follows: (d) Full-time employees: (1) Double time and one-half for all ordinary time worked. Alternatively, if the employee so elects, half time extra for all time worked in addition to the weekly rate and have one ordinary working day added to the period of annual leave. (e) Permanent part-time employees: (1) Double time and one-half for all ordinary time worked on the public holiday although where the time worked by agreement is less than the employees’ usual rostered shift, the balance of the rostered shift shall be paid at ordinary pay. Alternatively, if the employee so elects, half time extra for all time worked in addition to the weekly rate and have the equivalent number of hours worked added to be taken in conjunction with annual leave; (f) Casual employees (1) Double time and one-half for casuals for all time worked. Such payment shall be taken to be in addition to the casual loading referred to in Clause 34, sub-clause (iv) (iii) Monday to Friday employees as defined in Clause 5 - Definitions who are not required and do not work on those days where a proclaimed public holiday falls but would normally be expected to work on those days shall be paid for that day. (iv) Full-time shift-workers as defined in Clause 5 - Definitions rostered off duty on a public holiday holiday, which falls on or is observed from Monday to Friday inclusivea normal rostered day, shall be given credit for eight paid one (8) hours 1) day's pay in addition to the weekly rate; or if the employee so elects, have one (1) day added to their period of straight time annual leave. (v) The elections referred to in lieu thereof. For the purposes of this Clause 10.3(bsub-clause (c) a public holiday does not include a holiday declared must be made in writing by the Employer pursuant to Clause 10.3(a)(iiemployee at the commencement of each anniversary year of employment and is irrevocable during that period of employment. (vi) unless the An employee is entitled to that holiday with pay shall be allowed one (1) day of leave in lieu of a public holidayholiday that falls on a day during the employees’ period of annual leave.

Appears in 1 contract

Sources: Enterprise Agreement

Public Holidays. (a) All employees covered by this Agreement are hired on a full time continuous basis shall be entitled to a holiday with pay upon the commencement of their employment on the following public holidays, namely: New Year's Day, Day Good Friday, Friday Easter Monday, Monday Victoria Day, Day Canada Day, Day British Columbia Day, Day Labour Day, Day Thanksgiving Day, Day Remembrance Day, Day Christmas Day, Day Boxing Day and any other day appointed proclaimed by Council of the City of Vancouver to be a civic holidayFederal, Provincial or Municipal Government. PROVIDED THAT: (ia) whenever Whenever one of the aforementioned above-mentioned public holidays falls on a Saturday or a Sunday an employee's regular day of rest and the Government of Canada and the Government of the Province of British Columbia Columbia, or either of them in the absence of the other, proclaim that such public holiday be observed on a day other than Saturday or Sunday, a regular rest day then the day so proclaimed shall be read in substitution for such public holiday: SAVE AND EXCEPT THAT: Whenever one of the aforementioned public holidays falls on a regular rest day and neither the Government of Canada nor the Government of the Province of British Columbia proclaims that such public holiday but if there is no such proclamation by either of such governments be observed on a day other than a regular rest day, or the proclamations of such governments do not proclaim pro- claim the same day for the observance of such public holiday, then not less than seven (7) calendar days prior to that public holiday, the Board shall post a notice or notices in conspicuous places so that each employee affected thereby may have ready access to and see the same, designating the employee's holiday then entitlement in accordance with one of the Employer shall designate either following methods: (1) one (1) day's pay at the Friday immediately preceding employee's regular rate of pay, OR (2) a holiday with pay within the calendar year in which such public holiday falls, on any normal working day which immediately precedes or immediately follows one of the Monday immediately following employee's regular rest days or one of the same as public holidays hereinbefore defined in this section 7.7. (b) In the day to observe such public holiday and case of an employee's termination of service for any reason, adjustment will be made for any over-compensation provided under paragraph (a)(1) or (2) herein. (c) Simultaneously with the posting of any notice advising the employees of their entitlement under paragraph (a) herein, the Board will provide the Union with a copy of the said notice. (d) If a Public Holiday falls on a regular working day while an employee is on annual vacation, the employee shall be entitled to a holiday receive one (1) additional day of vacation with pay in lieu of such public holiday on the day so designated, or pay the employees said Public Holiday. (e) Except as otherwise provided in lieu of such public holiday at their respective regular rates of pay; EXCEPT THAT: whenever Christmas Day and Boxing Day fall on a Saturday and Sunday respectively and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such Article 7.7 hereof with respect to public holidays be observed falling on two (2) regular rest days other than Saturday and Sunday, then if an employee whose duties normally require the days so proclaimed shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments in respect of one of such public holidays then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day employee to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday work on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if there is no such proclamation by either of such governments in respect of both of such public holidays, then the employees shall be entitled either to a holiday with pay in lieu of Christmas Day on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such public holidays, or either of them, at their respective regular rates of pay at the option of the Employer. (ii) Notwithstanding anything contained in this Clause 10.3(a) whenever one of the aforementioned public holidays, other than Christmas Day and Boxing Day, falls on a Saturday or Sunday, instead of having all the employees observe the public holiday on the same day the Employer may declare both the Friday immediately preceding such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Employer in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by the Employer and the remainder of the employees shall be entitled to a holiday with pay in lieu of such public holiday on the Monday named by the Employer. (b) An employee who is required to work on any public holiday named in Article 7.7 which falls on any regular work day, then the employee shall be paid the regular pay for the holiday and in addition thereto shall be given compensating time off equivalent to two (2) times the number of hours worked on that public holiday. If an employee is required to work on the day off given in lieu of a public holiday, pursuant to the provisions in this Article 7.7(e), then in lieu of such holiday the employee shall be paid the regular holiday pay plus double the regular rates of pay for the hours worked on such day off. Time worked on a public holiday which falls or on or is observed from Monday the day off given to Friday inclusive, shall be given credit for eight (8) hours of straight time the employee in lieu thereofof a public holiday pursuant to the provisions of this Article 7.7(e) shall not be treated as overtime except as provided in Article 5.8(b) and (c). For the purposes of this Clause 10.3(bArticle 7.7(e) a public holiday does not include a holiday declared designated by the Employer Board pursuant to Clause 10.3(a)(ii) Article 7.7 unless the employee is entitled to that holiday with pay in lieu of a public holiday. (f) Whenever a public holiday defined in Article 7.7 falls on a Saturday or Sunday and is observed on any day from Monday to Friday, the day on which such holiday is observed shall, for the purposes of those employees referred to in Article 7.7(e), be deemed to be a public holiday and if such employees work on the Saturday or Sunday they shall not be entitled to public holiday premium pay for work on either of those days. Notwithstanding anything contained in Articles 7.7 (a) or 7.7(e) prior to the beginning of any calendar year the Board and the Union may agree that whenever a Public Holiday defined in Article 7.7 falls on a Saturday or Sunday, those employees referred to in Article 7.7(e) shall be paid public holiday premium pay for working on the Saturday or Sunday but such Employees shall be paid public holiday premium pay only once for the same holiday. For the purposes of this Article 7.7(f) "public holiday premium pay" means the equivalent compensation paid to employees referred to in Article 7.7(e) for working on a public holiday defined in Article 7.7 which falls on or is observed on any day from Monday to Friday. (g) An employee (except an employee governed by Article 7.7(e)) who is required to work on a public holiday defined in Article 7.7 which falls on or is observed on any day from Monday to Friday inclusive shall be paid the normal rate for the said holiday plus double the hourly rate of pay of the employee computed on the basis of the employee's normal working hours for the hours worked on the holiday.

Appears in 1 contract

Sources: Collective Agreement

Public Holidays. (a) All Subject to Clauses 9.2(b) and 9.2(c) the employees covered by this Agreement are shall be entitled to a holiday with pay on the following public holidays, namely: New Year's Day, Family Day* (effective 2015 February 17), Good Friday, Easter Monday, Victoria Day, Canada Day, British Columbia Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any other day appointed by Council of the City of Vancouver Council to be a civic holiday; *If/when Family Day ceases to be a provincial public holiday under the laws of British Columbia, Family Day will no longer be considered a public holiday for the purposes of this Collective Agreement. PROVIDED THAT: (i) whenever one of the aforementioned public holidays falls on a Saturday or a Sunday and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holiday be observed on a day other than Saturday or Sunday, Sunday then the day so proclaimed shall be read in substitution for such public holiday but if there is no such proclamation by either of such governments or the proclamations proclamation of such governments do not proclaim the same day for the observance of such public holiday then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay; EXCEPT THAT: whenever Christmas Day and Boxing Day fall on a Saturday and Sunday respectively and the Government of Canada and the Government of the Province of British Columbia or either of them proclaim that such public holidays be observed on two (2) days other than Saturday and Sunday, Sunday then the days so proclaimed shall be read in substitution for such public holidays but, if there is no such proclamation by either of such governments in respect of one of such public holidays then the Employer shall designate either the Friday immediately preceding such public holiday or the Monday immediately following the same as the day to observe such public holiday and the employees shall be entitled to a holiday with pay in lieu of such public holiday on the day so designated, or pay the employees in lieu of such public holiday at their respective regular rates of pay, if . If there is no such proclamation by either of such governments in respect of both of such public holidays, then the employees shall be entitled either to a holiday with pay in lieu of Christmas Day on the Friday immediately preceding Christmas Day and a holiday with pay in lieu of Boxing Day on the Monday immediately following Boxing Day, or pay in lieu of such public holidays, or either of them, at their respective regular rates of pay at the option of the Employer. (ii) Notwithstanding anything contained in this Clause 10.3(a9.2(a) whenever one of the aforementioned public holidays, other than Christmas Day and Boxing Day, falls fall on a Saturday or Sunday, instead of having all the employees observe the public holiday on the same day the Employer may declare both the Friday immediately preceding such public holiday and the Monday immediately following the same for the observance of such public holiday and such of the employees as shall be designated by the Employer in such declaration shall be entitled to a holiday with pay in lieu of such public holiday on the Friday named by the Employer and the remainder of the employees shall be entitled to a holiday with pay in lieu of such public holiday on the Monday named by the Employer. (b) An Subject to Clause 9.2(c), the following provisions shall apply to the employees hereinafter specified whose duties normally require them to work on public holidays or on scheduled shift work: (i) if an employee whose duties normally require such employee to work on public holidays or on scheduled shift work (but not including an employee who regularly works on day shift from Monday to Friday inclusive) is required to work on a any public holiday as provided for in Clause 9.2(a) which falls on or is observed on any day from Monday to Friday inclusive, then such employee shall be paid the regular pay for the holiday and in addition thereto such employee shall be given credit for eight compensating time off equivalent to one and one-half (8) 1½) times the number of hours of straight time worked on that public holiday; (ii) if such employee is required to work on the day off given in lieu thereof. For of a public holiday, pursuant to the provisions of this Clause 9.2(b), then in lieu of such holiday the employee shall be paid the regular pay for the holiday plus double the hourly rate of pay of the employee computed on the basis of the employee's normal working hours for the hours worked on such day off; (iii) time worked on a public holiday or on the day off given to the employee in lieu of a public holiday pursuant to the provisions of this Clause 9.2(b), shall not be treated as overtime except as provided in Clauses 8.1(a), 8.1(b) and 8.1(c); (iv) for the purposes of this Clause 10.3(b9.2(b) a public holiday does not include a holiday declared by the Employer pursuant to Clause 10.3(a)(ii9.2(a)(ii) unless the employee is entitled to that holiday with pay in lieu of a public holiday. (c) Whenever a public holiday defined in Clause 9.2(a) falls on a Saturday or Sunday and is observed on any day from Monday to Friday, the day on which such holiday is observed shall, for the purposes of those employees referred to in Clause 9.2(b), be deemed to be a public holiday and if such employees work on the Saturday or Sunday they shall not be entitled to public holiday premium pay for work on either of those days. Notwithstanding anything contained in Clause 9.2(a) or 9.2(b) prior to the beginning of any calendar year the Employer and the Union may agree that whenever a public holiday defined in Clause 9.2(a) falls on a Saturday or Sunday those employees referred to in Clause 9.2(b) shall be paid public holiday premium pay for working on the Saturday or Sunday but such employees shall be paid public holiday premium pay only once for the same holiday. For the purposes of this Clause 9.2(c) "public holiday premium pay" means the equivalent compensation paid to employees referred to in Clause 9.2(b) for working on a public holiday defined in 9.2(a) which falls on or is observed on any day from Monday to Friday. (d) An employee (except an employee governed by Clause 9.2(b)) who is required to work on a public holiday defined in Clause 9.2(a) which falls on or is observed on any day from Monday to Friday inclusive shall be paid the regular pay for the said holiday plus double the hourly rate of pay of the employee computed on the basis of the employee's normal working hours for the hours worked on the holiday. For the purposes of this Clause 9.2(d) a public holiday does not include a holiday declared by the Employer pursuant to Clause 9.2(a)(ii) unless the employee is entitled to that holiday with pay in lieu of a public holiday.

Appears in 1 contract

Sources: Collective Agreement