HEALTH EMPLOYERS ASSOCIATION OF BRITISH COLUMBIA
HEALTH SERVICES AND SUPPORT – COMMUNITY SUBSECTOR ASSOCIATION OF BARGAINING AGENTS
Effective from April 1, 2012 to March 31, 2014
TABLE OF CONTENTS DEFINITIONS 1
ARTICLE 1 - PREAMBLE 2
1.1 Purpose of Agreement 2
1.2 Future Legislation 2
1.3 Conflict With Rules 2
1.4 Human Rights Code 2
1.5 Harassment 2
1.6 Sexual Harassment 2
1.7 Procedure for Filing Complaints 3
1.8 Respectful Workplace 3
ARTICLE 2 - UNION RECOGNITION AND RIGHTS 3
2.1 Bargaining Unit Defined 3
2.2 Bargaining Agent Recognition 4
2.3 Correspondence and Directives 4
2.4 No Other Agreement 4
2.5 No Discrimination for Union Activity 4
2.6 Recognition and Rights of Stewards 4
2.7 Bulletin Boards 5
2.8 Union Insignia 5
2.9 Right to Refuse to Cross Picket Lines 5
2.10 Time Off For Union Business 5
ARTICLE 3 - UNION SECURITY 6
ARTICLE 4 - CHECK-OFF AND UNION DUES 6
ARTICLE 5 - EMPLOYER AND UNION TO ACQUAINT NEW EMPLOYEES 7
ARTICLE 6 - EMPLOYER'S RIGHTS 8
ARTICLE 7 - EMPLOYER/UNION RELATIONS 8
7.1 Union and Employer Representation 8
7.2 Union Representatives 8
7.3 Technical Information 8
7.4 Community Health Joint Committee 9
7.5 Union/Management Committee 9
7.6 Membership Information 9
7.7 Timelines During December 24th and January 2nd 9
ARTICLE 8 - GRIEVANCES 10
8.1 Grievance Procedure 10
8.2 Step One 10
8.3 Time Limits to Present Initial Grievance 10
8.4 Step Two 10
8.5 Time Limit to Reply at Step Two 10
8.6 Step Three 11
8.7 Time Limit to Reply at Step Three 11
8.8 Time Limit to Submit to Arbitration 11
8.9 Dismissal or Suspension Grievances 11
8.10 Policy Grievance 11
8.11 Amending Time Limits 11
8.12 Technical Objections to Grievances 11
8.13 Investigator 12
ARTICLE 9 - ARBITRATION 12
9.1 Notification 12
9.2 Assignment of Arbitrator 12
9.3 Board Procedure 13
9.4 Decision of Board 13
9.5 Disagreement on Decision 13
9.6 Expenses of Arbitration Board 13
9.7 Amending Time Limits 13
9.8 Expedited Arbitration 13
9.9 Suspension Over 10 Days or Termination Hearing 15
ARTICLE 10 - DISMISSAL, SUSPENSION AND DISCIPLINE 15
10.1 Just Cause 15
10.2 Dismissal, Suspension or Disciplinary Grievance 15
10.3 Right to Grieve Other Disciplinary Action 15
10.4 Performance Evaluations 16
10.5 Personnel File 16
10.6 Right to Have Xxxxxxx Present 16
10.7 Abandonment of Position 17
10.8 Confidentiality 17
ARTICLE 11 - SENIORITY 17
11.1 Seniority Defined 17
11.2 Seniority List 18
11.3 Loss of Seniority 18
11.4 Re-Employment 18
11.5 Seniority Dates 19
ARTICLE 12 - JOB POSTINGS 19
12.1 Job Postings and Applications 19
12.2 Change to Start and Stop Times, Days Off and Work Area 20
12.3 Job Posting Process and Regional Postings 20
12.4 Application From Absent Employees 23
12.5 Temporary Appointments 23
12.6 Notice to Union 23
12.7 Notice of Successful Applicant 23
12.8 Grievance Investigation 24
12.9 Selection Criteria 24
12.10 Probationary Period 24
12.11 Qualifying Period 24
ARTICLE 13 - LABOUR ADJUSTMENT AND TECHNOLOGICAL CHANGE 25
13.1 Job Training 25
13.2 Definition of Displacement 25
13.3 Bumping 25
13.4 Layoff Notice 25
13.5 Retention of Seniority 26
13.6 Contracting Out 26
ARTICLE 14 - HOURS OF WORK AND SCHEDULING 26
14.1 Continuous Operation 26
14.2 Hours of Work 26
14.3 Scheduling Provisions 27
14.4 Unusual Job Requirements of Short Duration 28
14.5 Rest Periods 28
14.6 Meal Periods 28
14.7 Definition of Shifts and Shift Premiums 29
14.8 Scheduling Limitations 29
14.9 Excursions 29
14.10 Flextime 29
14.11 Modified Hours of Work Arrangements 30
14.12 On Call 30
14.13 After Hours - Home Support Operations 30
14.14 Job Fairs 30
ARTICLE 15 - HOURS OF WORK AND SCHEDULING - COMMUNITY HEALTH WORKERS 31
15.1 Continuous Operation 31
15.2 Hours 31
15.3 Shift Schedules 31
15.4 Scheduling of Hours 32
15.5 Reassignment 34
15.6 Minimum Hours 34
15.7 Travel Time 35
15.8 Emergency Contact 35
15.9 Leaves of Absence 35
15.10 Meal Periods 35
15.11 Unusual Job Requirements of Short Duration 36
15.12 Minimum Number of Days Scheduled Off From Work 36
15.13 Scheduling Limitations 36
15.14 Live-in and Overnight Shifts 36
15.15 Float Positions 37
ARTICLE 16 - OVERTIME 37
16.1 Definitions 37
16.2 Overtime Compensation 37
16.3 Overtime on Day Off 38
16.4 Overtime on Paid Holiday 38
16.5 Overtime Pay 38
16.6 Compensating Time Off 38
16.7 Overtime Meal Allowance 38
16.8 Right to Refuse Overtime 38
16.9 Overtime for Part-Time Employees 38
16.10 Rest Interval After Overtime 39
16.11 Callback 39
ARTICLE 17 - PAID HOLIDAYS 39
17.1 Paid Holidays 39
17.2 Holidays Falling on Saturday or Sunday 39
17.3 Holiday Falling on a Day of Rest 39
17.4 Holiday Falling on a Scheduled Workday 40
17.5 Holiday Coinciding with a Day of Vacation 40
17.6 Holiday Pay for Regular Part-Time Employees 40
17.7 Christmas or New Year's Day Off 40
17.8 Scheduling of Lieu Days 40
17.9 Qualifying for the Holiday - Community Health Workers 40
ARTICLE 18 - VACATION ENTITLEMENT 40
18.1 Annual Vacation Entitlement 40
18.2 Vacation Period 41
18.3 Splitting of Vacation Periods 41
18.4 Vacation Pay 42
18.5 Vacations Non-Accumulative 42
18.6 Vacation Entitlement Upon Dismissal 42
18.7 Reinstatement of Vacation Days - Sick Leave 42
18.8 Callback from Vacation 42
18.9 Vacation Credits Upon Death 43
ARTICLE 19 - EDUCATION LEAVE 43
19.1 Courses/Examinations at the Request of the Employer 43
19.2 In-Service Education 43
19.3 Leave Without Pay 43
19.4 Exchange Programs 43
ARTICLE 20 - SPECIAL AND OTHER LEAVE 43
20.1 Bereavement Leave 44
20.2 Jury Duty 44
20.3 Special Leave 44
20.4 Compassionate Care Leave 45
20.5 General Leave 45
20.6 Benefits on Leave of Absence 45
20.7 Full-Time Public Duties 45
ARTICLE 21 - MATERNITY, PARENTAL AND ADOPTION LEAVE 45
21.1 Maternity Leave 45
21.2 Parental Leave 46
21.3 Combined Maternity and Parental Leave 47
21.4 Employment Deemed Continuous 47
21.5 Reinstatement 47
ARTICLE 22 - OCCUPATIONAL HEALTH AND SAFETY 47
22.1 Statutory Compliance 47
22.2 Client Information 47
22.3 Occupational Health and Safety Committee 47
22.4 Aggressive Behaviour 49
22.5 Vaccination and Inoculation 49
22.6 Video Display Terminals 49
22.7 Transportation of Accident Victims 50
22.8 Injury Pay Provision 50
22.9 Investigation of Accidents 50
22.10 Emergency Travel Kit 50
22.11 Employee Workload 50
ARTICLE 23 - MORE FAVOURABLE RATE OR CONDITIONS 50
ARTICLE 24 - MUNICIPAL PENSION PLAN 51
ARTICLE 25 - HEALTH CARE PLANS 51
25.1 BC Medical 51
25.2 Dental Plan 51
25.3 Extended Health Plan 51
25.4 Group Life Insurance 52
25.5 Dependants 52
25.6 Long-Term Disability 52
25.7 Commencement of Coverage 52
25.8 Confidentiality of Claim Forms 52
ARTICLE 26 - WORK CLOTHING AND EMPLOYER PROPERTY 53
26.1 Return of Employer Property on Termination 53
26.2 Personal Property Damage 53
26.3 Employer to Continue to Supply Tools 53
26.4 Uniforms 53
26.5 Protective Clothing 53
ARTICLE 27 - PAYMENT OF WAGES AND ALLOWANCES 53
27.1 Paydays 53
27.2 Temporary Promotion or Transfer 54
27.3 Relieving in Higher and Lower Rated Positions 54
27.4 Promotions 54
27.5 Transfers 55
27.6 Demotions 55
27.7 Re-Employment After Retirement 55
27.8 Re-Employment After Voluntary Termination or Dismissal for Cause 55
27.9 Supervisory or Military Service 55
27.10 Vehicle Allowance 55
27.11 Meal Allowance 56
27.12 Out-of-Pocket Expenses 56
27.13 Indemnification and Reimbursement of Legal Fees 56
27.14 Wage Schedules - Community Health Workers 56
27.15 Definition of Weekend Shift and Premiums 57
ARTICLE 28 - SICK LEAVE 57
28.1 Premium Reductions 57
28.2 Sick Leave Credits 57
28.3 Sick Leave Pay 58
28.4 Workers' Compensation Benefit 58
28.5 Sick Leave Deductions 58
28.6 Medical/Dental Appointments 58
28.7 Leave of Absence Without Pay 58
28.8 Less than One Year's Service 59
28.9 Accumulated Sick Leave 59
28.10 Other Claims 59
ARTICLE 29 - CASUAL EMPLOYEES 59
29.1 Casual Employees 59
29.2 Casual Availability 60
29.3 Call-in Procedure 61
29.4 Seniority List 63
29.5 Regular Part-Time Employees 63
29.6 Increments 63
29.7 Transfer to Casual Status 63
29.8 Application of Agreement 63
29.9 Casual Employee Benefits 64
ARTICLE 30 - GENERAL CONDITIONS 65
30.1 Copies of Agreements 65
30.2 Volunteers 65
30.3 Meals 65
30.4 Job Sharing 65
30.5 Personal Duties 65
30.6 Special Employment Programs 65
30.7 Article Headings 65
30.8 Criminal Record Check 66
30.9 Tax Forms 66
ARTICLE 31 - TERM OF AGREEMENT 66
31.1 Duration 66
31.2 Change in Agreement 66
31.3 Notice to Bargain 66
31.4 Agreement to Continue in Force 66
31.5 Retroactivity 66
SCHEDULE A - Re: Grid & Benchmark Titles 70
SCHEDULE B - Wage Schedule 71
SCHEDULE C - Re: Job Evaluation and Classification 74
APPENDIX 1 - List of Employers – Generated as of August 2013 83
APPENDIX 2 - Long-Term Disability Insurance Plan 90
Provisions (Seniority) 110
and Disabilities 113
by Health Authorities 116
Agreements – Article 15 125
Health Committee 125
February 18, 2013 125
1. "Association" means the Health Services and Support - Community Subsector Association of Bargaining Agents.
2. "Casual Employee" is one who works 15 hours per week or less and/or is employed in the following capacities:
(a) for relief purposes;
(b) temporary workload situations; or
"Casual Employee - Community Health Worker" is one who is employed in the following capacities:
(a) for relief purposes;
(b) temporary workload situations; or
(c) for ongoing unassigned hours not assigned to regular employees.
3. "Employer" means the society, organization, corporation, facility, agency, centre as designated in the list of certifications attached to the consolidated certifications issued from time to time by the Labour Relations Board.
4. "Leave of Absence With Pay" means to be absent from duty with permission and with pay.
5. "Leave of Absence Without Pay" means to be absent from duty with permission but without pay.
6. "Regular Full-Time Employee" means an employee who is appointed to a regularly scheduled position and is regularly scheduled to work full-time in accordance with Article 14 (Hours of Work and Scheduling). A regular full-time employee is entitled to all of the benefits outlined in the Agreement except where otherwise specified.
7. "Regular Part-Time Employee" means an employee who is appointed to a regularly scheduled position but works less than full-time. A regular part-time employee is entitled to all benefits outlined in the Agreement on a pro rata basis, except where otherwise specified.
8. "Union" means the union designated on the certification with the Employer attached to the consolidated certifications issued from time to time by the Labour Relations Board.
9. "Common-Law Spouse" shall be defined as two people who have cohabited as spousal partners for a period of not less than one year.
10. "Casual and Auxiliary Employee" - For the purposes of this Collective Agreement, the term "auxiliary employee" shall be deemed to be synonymous with the term "casual employee" as set out in no. 2.
11. "Regular Employee - Community Health Worker" means one who has successfully bid into a regular position pursuant to Article 12 (Job Postings) and Article 15.4(a)(2) (Scheduling of Hours). Regular employees shall be scheduled to work 40 hours or less per week on an ongoing basis. A regular employee is entitled to all the benefits of the Collective Agreement, on a pro rata basis, with the exception of benefits provided in Article 25 (Health Care Plans), which shall not be prorated.
The purpose of this Agreement is to set forth terms and conditions of employment affecting employees covered by the Agreement.
In the event that any future legislation renders null and void or materially alters any provision of this Agreement, the remaining provisions shall remain in effect for the term of the Agreement, and the parties hereto shall negotiate a mutually agreeable provision to be substituted for the provision so rendered null and void or materially altered.
In the event that there is a conflict between the contents of this Agreement and any rule made by the Employer, or on behalf of the Employer, this Agreement shall take precedence over the said rule.
The Employer and the Union subscribe to the principles of the Human Rights Code of British Columbia.
(a) The Employer and the Union recognize the right of employees to work in an environment free from harassment. The parties agree to xxxxxx and promote such an environment.
(b) The parties agree that substantiated cases of harassment may be cause for discipline, up to and including dismissal.
(c) Harassment is defined as deliberate actions, that ought reasonably to be known as unwelcome by the recipient and which serve no legitimate work related purpose, toward an individual or individuals by the employees, or the Employer, on any of the prohibited grounds of discrimination under the Human Rights Code of British Columbia including: age, race, sex, sexual orientation, national or ethnic origin, colour, religion, disability, marital status, family status, political beliefs or conviction of a criminal or summary offence unrelated to employment;
(d) Protection against harassment extends to incidents occurring at or away from the workplace, during or outside working hours, and includes incidents related to client, resident, patient or visitor contact, provided the acts are committed within the course of the employment relationship.
(a) The Union and the Employer recognize the right of employees to work in an environment free from sexual harassment.
(b) Sexual harassment includes but is not limited to:
(1) a person in authority asking an employee for sexual favours in return for being hired or receiving promotions or other employment benefits;
(2) sexual advances with actual or implied work related consequences;
(3) unwelcome remarks, questions, jokes or innuendo of a sexual nature, including sexual comments or sexual invitations;
(4) verbal abuse, intimidation, or threats of a sexual nature;
(5) leering, staring or making sexual gestures;
(6) display of pornographic or other sexual materials;
(7) offensive pictures, graffiti, cartoons or sayings;
(8) unwanted physical contact such as touching, patting, pinching or hugging.
(c) This definition of sexual harassment is not meant to inhibit interactions or relationships based on mutual consent or normal social contact between employees.
(d) Protection against sexual harassment extends to incidents occurring at or away from the workplace, during or outside working hours, and includes incidents related to client, resident, patient or visitor contact, provided the acts are committed within the course of the employment relationship.
(a) An employee who wishes to pursue a concern arising from an alleged harassment may register a complaint with the Employer or through the Union to the employer designate.
(b) All persons involved in a complaint under these provisions shall hold in strictest confidence all information of which they become aware; however it is recognized that various representatives of the Employer and the Union will be made aware of all or part of the proceedings on a need to know basis. Except as required by the Collective Agreement or law, the parties agree that disclosure of information related to the complaint may be cause for discipline, up to and including dismissal.
(c) The Employer shall investigate the allegations within 30 days. The Employer shall notify the Union upon the conclusion of the investigation whether or not the allegations were substantiated, and indicate what action, if any, they intend to take.
(d) Both the complainant and the alleged harasser shall be entitled to union representation if they are members of the bargaining unit.
(e) Disputes resulting from actions under this article may be submitted to expedited arbitration under Article 9.8 (Expedited Arbitration), where the complaint pertains to conduct of an employee or employees within the bargaining unit. Where disputes arise from actions under this article, and the complaint pertains to conduct of an employee or employees not in the bargaining unit, the dispute may be submitted to the investigator under Article 8.13 (Investigator).
The Employer and the Union agree that all employees have the right to work in an environment free from personal harassment. The parties agree to maintain such an environment.
To this end, each Employer will publish a clear policy for promoting and maintaining a working environment in which all persons are treated with respect and dignity and not subjected to humiliation or intimidation. These policies will be accessible to staff outlining expectations and consequences of inappropriate behaviour. The policies will contain a complaint process, investigation process, a conclusion and an appeal process.
(a) The bargaining unit shall include all employees as defined by the certification except persons in positions deemed excluded:
(1) by mutual agreement between the parties; or
(2) by virtue of a decision by the Labour Relations Board of British Columbia.
(b) The Employer shall notify the Union in writing of any proposed exclusion from the bargaining unit. Such notification shall include the organization chart for the department or program where the position is located, a copy of the job description and reason for exclusion.
(c) If no agreement is reached within 30 days of the notification either party may refer the matter to the Labour Relations Board for a final and binding determination.
The Employer recognizes the Health Services and Support - Community Subsector Association of Bargaining Agents as the exclusive bargaining agent for all employees to whom the certification issued by the Labour Relations Board applies.
The Employer shall forward to the applicable Union's designates a copy of:
(a) any directives circulated to employees pertaining to the interpretation or application of this Agreement.
(b) any correspondence to any employee pertaining to the interpretation or application of the Agreement as it applies to that employee.
No employee covered by this Agreement shall be required or permitted to make a written or oral agreement with the Employer or its representatives which may conflict with the terms of this Agreement.
The Employer and the Union agree that there shall be no discrimination, interference, restriction, or coercion exercised or practised with respect to any employee for reason of membership or activity in the Union.
(a) The Employer recognizes the Union's right to select stewards to represent employees on the following basis:
(1) one xxxxxxx for every 50 employees covered by this Agreement, or a major portion thereof, with a minimum of two stewards to a maximum number of 25 stewards; and
(2) the Union may appoint additional stewards to allow for one xxxxxxx to be selected from the staff working at each premise operated by the Employer.
(b) The Union agrees to provide the Employer with a list of the employees designated as stewards and alternates. The Employer will provide the Union with the names and positions of its designated representatives for dealing with stewards.
(c) A xxxxxxx, or his/her alternate where the xxxxxxx is absent, shall obtain the permission of his/her immediate supervisor before leaving his/her work to perform his/her duties as a xxxxxxx. Leave for this purpose shall be without loss of pay. Such permission shall not be unreasonably withheld. On resuming his/her normal duties, the xxxxxxx shall notify his/her supervisor.
(d) The duties of a xxxxxxx shall include:
(1) investigation of complaints;
(2) investigation of grievances and assisting any employee whom the xxxxxxx represents in presenting a grievance in accordance with the grievance procedure;
(3) supervision of ballot boxes and other related functions during ratification votes;
(4) attending meetings at the request of the Employer.
(e) Community Health Workers - Where the xxxxxxx attends a meeting with the Employer at the request of the Employer and/or in accordance with Article 10.6 (Right to Have Xxxxxxx Present), and the meeting is outside the xxxxxxx'x scheduled hours, the xxxxxxx shall be paid his/her regular straight-time rate of pay for time spent at the meeting. Every reasonable effort shall be made to schedule the meetings during the xxxxxxx'x normal working hours.
The Employer shall provide bulletin board facilities for the exclusive use of the Union, the sites to be determined by mutual agreement. The use of such bulletin board facilities shall be restricted to the business affairs of the Union. The parties may, at the local level, mutually agree upon another method of notifying employees of union business.
(a) A union member shall have the right to wear or display the recognized insignia of the Union. The Union will furnish union shop cards to the Employer to be displayed on the Employer's premises. Such card will remain the property of the Union and shall be surrendered upon demand.
(b) The recognized insignia of the Union shall include the Union's chosen designation. This designation shall, at the employee's option, be placed on stenography typed by a member of the Union with the exception of correspondence related to fund-raising activities. This designation shall be placed below the signatory initials on typewritten correspondence.
All employees covered by this Agreement shall have the right to refuse to cross a picket line arising out of a dispute as defined in the Labour Relations Code of British Columbia. Any employee failing to report for duty shall be considered to be absent without pay. Failure to cross a picket line encountered in carrying out the Employer's business shall not be considered a violation of this Agreement nor shall it be grounds for disciplinary action.
(a) Leave of absence without pay shall be granted upon request for the reasons set out below unless it would unduly interrupt the Employer's operations:
(1) to an elected or appointed representative of the Union to attend conventions of the Union and bodies to which the Union is affiliated, to a maximum of 21 days per occurrence;
(2) for elected or appointed representatives of the Union to attend to union business which requires them to leave their general work area;
(3) for employees who are representatives of the Union on a bargaining committee.
(b) Long-term leave of absence without pay shall be granted to employees designated by the Union to transact union business for specific periods of not less than 21 days unless this would unduly interrupt the operation of the department. Such requests shall be made in writing sufficiently in advance to minimize disruption of the department. Employees granted such leave of absence shall retain all rights and privileges accumulated prior to obtaining such leave. Seniority shall continue to
accumulate during such leave and shall apply to such provisions as annual vacations, increments and promotions.
(c) When leave of absence without pay is granted pursuant to Part (a) or (b), the leave shall be given with pay and the Union shall reimburse the Employer for salary and benefit costs, including travel time incurred, within 60 days of receipt of the invoice. It is understood that employees granted leave of absence pursuant to this clause shall receive their current rates of pay while on leave of absence. Leave of absence granted under this clause shall include sufficient travel time. The pay and benefits received by the employee and reimbursed by the Union under this article shall be based on the number of hours to which the Union indicates, in writing, the employee is entitled.
This provision does not apply to employees on extended leaves of absence who are employed by the Union on a full-time basis.
(d) Leave of absence with pay and without loss of seniority will be granted to an employee called to appear as a witness before an arbitration board, provided the dispute involved the Employer.
On application, the Arbitration Board may determine summarily the amount of time required for the attendance of any witness.
(e) The Union shall provide the Employer with reasonable notice to minimize disruption of the operation and shall make every reasonable effort to give a minimum of 14 days’ notice prior to the commencement of leave under (a) or (b) above. The Employer agrees that any of the above leaves of absence shall not be unreasonably withheld.
(a) All employees in the bargaining unit who, prior to September 1, 1995, were members of the Union or thereafter become members of the Union shall, as a condition of continued employment, maintain such membership.
(b) All employees hired on or after September 1, 1995 shall, as a condition of continued employment, become members of the Union and maintain such membership.
(a) The Employer shall, as a condition of employment, deduct from the wages or salary of each employee in the bargaining unit, whether or not the employee is a member of the Union, the amount of the regular dues payable to the Union by a member of the Union.
(b) The Employer shall deduct from any employee who is a member of the Union any assessments levied in accordance with the Union Constitution and/or Bylaws and owing by the employee to the Union.
(c) Deductions shall be made for each pay period and membership dues or payments in lieu thereof shall be considered as owing in the period for which they are so deducted.
(d) All deductions shall be remitted to the Union not later than 28 days following the end of the month in which the deduction was made and the Employer shall also provide the following information for each employee:
• Employee surname and first name
• Employee Number, if applicable
• Home Worksite
• Collective Agreement Employer
• Job classification
• Gross pay
• Dues amount deducted
(e) The above information may be supplied on a computer disk or tape provided that the Union's computer system is compatible with the Employer's and the Employer has the capability. Where the information is not provided on a disk or tape, it will be provided on hard copy.
(f) Before the Employer is obliged to deduct any amount under (a) and (b) above, the Union must advise the Employer in writing of the amount of the deductions. The amount so advised shall continue to be the amount to be deducted until changed by further written notice to the Employer from the Union.
All amounts to be deducted shall be expressed and calculated as a percentage of earnings as defined by the Union (only for the purposes of this article). The Union shall inform the Employer in writing with as much advance notice as possible, but not less than 30 calendar days in advance of any change in the percentage to be applied against earnings. The effective date of such a change will be the start of the first pay period following expiration of the notice period.
(g) At the same time the Income Tax (T4) slips are made available, the Employer, without charge, shall indicate on the T4 slip the total amount of the union dues paid by the employee for the previous year (the year for which the T4 slip was provided).
(h) As a condition of continued employment, an employee shall complete an authorization form supplied by the Union providing for the deduction from an employee's wages or salary the amount of the regular dues payable to the Union by a member of the Union.
(i) Any change to the amount deducted, including assessments, shall coincide with the beginning of the Employer's payroll period.
(j) Where the dues authorization form consists of multiple copies, the Employer will provide the Union with the required copies of the completed and signed authorization form for dues check-off for all new employees.
(a) At the time of hire new employees will be advised that a Collective Agreement is in effect and of the conditions of employment set out in the articles dealing with Union Security and Dues Check-off.
(b) New employees shall also be provided with:
(1) the name, location and work telephone number (if applicable) of the xxxxxxx; and
(2) an authorization form for union dues check-off.
(c) The xxxxxxx shall be advised of the name, location and work telephone number (if applicable) of the new employees.
(d) The xxxxxxx will be given an opportunity to meet with each new employee within regular working hours, without loss of pay, for 15 minutes sometime during the first 30 days of employment.
Where the Employer conducts a group orientation for new employees, the meeting with the xxxxxxx may take place during the orientation. Such meetings shall not exceed 30 minutes. Stewards will be given at least 24 hours’ notice of the meeting.
Stewards shall be compensated for such meetings in accordance with Article 7.5(b) (Union/Management Committee).
(e) The Union will provide the Employer with an up-to-date list of stewards' names, work locations and work telephone numbers (if applicable) in order that the Employer may meet its obligation in (b)(1) above.
(f) The Employer will make reasonable efforts to provide space for a xxxxxxx to meet with a new member.
(a) The management of the Employer's business, and the direction of the workforce, including the hiring, firing, promotion and demotion of employees, is vested exclusively in the Employer except as may be otherwise specifically provided in this Agreement.
(b) The Union agrees that all employees shall be governed by all rules as adopted by the Employer and published to employees on bulletin or notice boards, or by general distribution, provided such rules are not in conflict with this Agreement.
No employee or group of employees shall undertake to represent the Union at meetings with the Employer without the proper authorization of the Union. To implement this the Union shall supply the Employer with the names of its officers and similarly, the Employer shall supply the Union with a list of its supervisory or other personnel with whom the Union may be required to transact business.
(a) The Employer agrees that access to its premises will be granted to a union staff representative, or authorized alternate, when dealing or negotiating with the Employer, or when investigating and assisting in the settlement of a grievance.
(b) The union representative shall provide reasonable notice to the Employer or his/her designate in advance of their intention and their purpose for entering and shall indicate the anticipated duration of the visit. Such visits shall not interfere with the operation of the Employer's business.
(c) In order to facilitate the orderly, as well as the confidential investigation of grievances, the Employer will make available to union representatives or stewards temporary use of an available confidential location.
(d) The Employer agrees that access to its premises will be granted to union elected officers or other persons designated by the Union. The union representative shall provide reasonable notice to the Employer or his/her designate in advance of their intention and their purpose for entering and shall indicate the anticipated duration of the visit. Such access shall not interfere with the operation of the Employer's business.
The Employer agrees to provide to the Association the following information relating to employees in the bargaining unit required by the Union for collective bargaining purposes:
• list of employees and status;
• job titles;
• job descriptions;
• wage rates;
• seniority list or service dates;
• summary of benefit plans (medical, dental, wage indemnity, pension, etc.) The Association may request other information it requires from the Employer.
The HEABC and the Association recognize the importance and necessity of the Principals to this Agreement meeting quarterly to discuss problems which may arise from time to time. There shall be established a joint committee composed of members equal in number, represented by the Association and the HEABC to meet at the request of either party.
(a) The parties agree to establish a union/management committee composed of two union representatives and two representatives of the Employer, unless otherwise agreed between the Union and the Employer. There shall be an equal number of union and employer representatives.
(b) The Committee shall meet at the call of either party at a mutually agreeable time and place. Employees shall be granted leave without loss of pay or receive regular straight-time wages for time spent attending meetings of the Committee.
(c) An employer representative and a union representative shall alternate in presiding over the meetings.
(d) The Committee shall not have jurisdiction over any matter of collective bargaining including the administration of this Agreement. The Committee shall not have the power to bind either the Union, its members or the Employer to any decisions reached in its discussions.
(e) The Committee shall have the power to make recommendations to the parties on the following:
(1) reviewing matters, other than grievances, relating to the maintenance of good relations between the parties;
(2) correcting conditions causing misunderstandings;
(3) dealing with matters referred to it in this Agreement.
(f) Minutes of the committee meetings shall be transcribed by the Employer and distributed to committee members.
The Employer shall provide the Union with a list of the names, addresses and telephone numbers of the employees in the bargaining unit on a semi-annual basis. The parties recognize the confidentiality of the information contained in this list.
All timelines in Article 8 (Grievances) and Article 9 (Arbitration) shall be suspended between December 24th and January 2nd inclusive.
(a) The Employer and the Union recognize that grievances may arise concerning:
(1) differences between the parties respecting the interpretation, application, operation, or any alleged violation of a provision of this Agreement, including a question as to whether or not a matter is subject to arbitration; or
(2) the dismissal, discipline, or suspension of an employee bound by this Agreement.
(b) The procedure for resolving a grievance shall be the grievance procedure in this article.
(c) Where the aggrieved employee is a xxxxxxx, he/she shall not, where possible, act as a xxxxxxx in respect of his/her own grievance but shall submit the grievance through another xxxxxxx or union staff representative.
In the first step of the grievance procedure, every reasonable effort shall be made to settle the dispute with the employer designate. The aggrieved employee shall have the right to have a xxxxxxx present at such a discussion. If the grievance is not settled at this step, it may be presented in writing at Step Two.
An employee may initiate the written grievance at Step Two of the grievance procedure, in the manner prescribed in Article 8.4 (Step Two), not later than 21 calendar days after the date:
(a) on which he/she was notified orally or in writing, of the action or circumstances giving rise to the grievance;
(b) on which he/she first became aware of the action or circumstances giving rise to the grievance.
Subject to the time limits in Article 8.3 (Time Limits to Present Initial Grievance), the employee may present a grievance at this level by:
(a) recording the grievance on the appropriate grievance form, setting out the nature of the grievance and the circumstances from which it arose;
(b) stating the article(s) or clause(s) of the Agreement infringed upon or alleged to have been violated and the remedy or correction required; and
(c) transmitting the grievance to the employer designate through the union xxxxxxx.
(a) Within 14 calendar days of receiving the grievance at Step Two, the union xxxxxxx and the employer designate shall meet to examine the facts, the nature of the grievance and attempt to resolve the dispute. This meeting may be waived by mutual agreement.
(b) The employer designate shall reply in writing to an employee's grievance within seven calendar days of the above noted meeting with the union xxxxxxx or, if the meeting is waived, within seven days of the date the parties agree to waive the meeting.
The union designate may present, or meet with the employer designate to discuss, the grievance and the proposed remedy at Step Three:
(a) within 21 calendar days after the Step Two decision has been conveyed to him/her by the employer designate; or
(b) within 21 calendar days after the employer designate's reply was due.
The employer designate will respond in writing to the Union within 21 calendar days of receipt of the grievance at Step Three.
Failing satisfactory settlement of a grievance at Step Three, and pursuant to this article, the Union may submit the dispute to arbitration or expedited arbitration under Article 9 (Arbitration). Such referral shall be done within:
(a) 30 calendar days after the employer designate's decision has been received, or
(b) 30 calendar days after the employer designate's decision was due.
Employees dismissed or suspended for alleged cause shall have the right, within seven calendar days after the date of dismissal or suspension, to initiate a written grievance in accordance with Article 8.4 (Step Two). Within seven calendar days after the date of receiving the grievance the union xxxxxxx or staff representative and the Employer shall meet and attempt to resolve the grievance. The employer designate shall reply in writing to the grievance within seven calendar days of the meeting.
If there is no resolution of the grievance, the grievance may be referred to a sole arbitrator within seven calendar days of the Union receiving the Employer's reply.
Where either party to this Agreement disputes the application, interpretation, or alleged violation of an article of this Agreement, either party may submit a grievance in writing to the other party within 60 calendar days of either party becoming aware of the policy dispute. The employer designate shall meet the union designate to discuss the grievance within 30 calendar days of the submission of the grievance. Where no satisfactory agreement is reached, the dispute may be submitted to arbitration by either party within 30 calendar days of the meeting.
The time limits in this grievance procedure may be altered only by written mutual consent of the parties.
It is the intent of the parties to this Agreement that no grievance shall be defeated merely because of a technical error other than time limitations in processing the grievance through the grievance procedure. To this end, an arbitration board shall have the power to waive formal procedural irregularities in the processing of a grievance in order to determine the real substance of the matter in dispute.
Where a difference arises between the parties relating to the dismissal, discipline or suspension of an employee, or to the interpretation, application, operation or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, during the term of the Collective Agreement,
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or a substitute agreed to by the parties shall, at the request of either party:
(a) investigate the difference;
(b) define the issue in the difference; and
(c) make written recommendations to resolve the difference;
within 14 calendar days of the date of receipt of the request and for those 14 calendar days from that date, time does not run in respect of the grievance procedure.
Unless mutually agreed otherwise, disputes may be referred to the Investigator only after the completion of Step Three of the grievance procedure except for disputes arising out of time sensitive issues relating to paid or unpaid leaves of absence, which may not be resolved prior to the completion of the grievance procedure.
Such issues may include, but not be limited to, those arising out of Articles 2.6 (Recognition and Rights of Stewards), 2.10 (Time Off for Union Business), 18 (Vacation Entitlement), 19 (Education Leave), 20 (Special and Other Leave), 21 (Maternity, Parental and Adoption Leave) and 28 (Sick Leave).
(a) Where a difference arises between the parties relating to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable, either party may, after exhausting the grievance procedure in Article 8 (Grievances), notify the other party of its desire to submit the difference to arbitration within:
(1) 30 calendar days after the employer designate's decision has been received; or
(2) 30 calendar days after the employer designate's decision was due.
(b) All referrals to arbitration shall be by certified mail, email, facsimile or courier.
(a) When a party has requested that a grievance be submitted to arbitration and either party has requested that a hearing date be set, the parties shall, within two weeks, assign an arbitrator from the mutually agreed upon list of arbitrators, or a substitute mutually agreed to, and set a date for the hearing.
(b) If no agreement on an arbitrator is reached within two weeks of the grievance being referred to arbitration, an arbitrator shall be assigned as per the letter of agreement regarding the assignment of arbitrators. The letter of agreement contains the process to assign arbitrators and shall only be changed with mutual agreement.
(c) The parties shall endeavour to develop and maintain a list of acceptable arbitrators which is gender balanced. An arbitrator may be removed from or added to the list by mutual agreement.
(d) List of named arbitrators:
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• Xxxx Xxxxxx • Xxxxx Xxxxxxxx • Xxxxxxx Xxxxx
(a) In this article the term "Board" means a single arbitrator or a three-person arbitration board.
(b) The Board may determine its own procedure in accordance with the relevant legislation and shall give full opportunity to all parties to present evidence and make representations. It shall hear and determine the difference or allegation and shall render a decision within 60 days of the conclusion of the hearing.
The decision of the majority shall be the decision of the Board. Where there is no majority decision, the decision of the Chair shall be the decision of the Board. The decision of the Arbitration Board shall be final, binding, and enforceable on the parties. The Board shall have the power to dispose of a discharge or discipline grievance by any arrangement which it deems just and equitable. However, the Board shall not have the power to change this Agreement or to alter, modify, or amend any of its provisions.
Should the parties disagree as to the meaning of the Board's decision, either party may apply to the Chairperson of the Arbitration Board to reconvene the Board to clarify the decision, which it shall make every effort to do within seven calendar days.
Each party shall pay:
(a) the fees and expenses of the nominee it appoints; and
(b) one-half of the fees and expenses of the Chairperson.
The time limits in this arbitration procedure may be altered only by written mutual consent of the parties.
(a) All grievances shall be considered suitable for and resolved by expedited arbitration except grievances in the nature of:
(2) rejection on probation;
(3) suspensions in excess of 10 workdays;
(4) policy grievances;
(5) grievances requiring substantial interpretation of a provision of the Collective Agreement;
(6) grievances relating to employment security and matters arising from the report and recommendations of Industrial Inquiry Commissioner (except where specified otherwise);
(7) grievances requiring presentation of extrinsic evidence;
(8) grievances where a party intends to raise a preliminary objection;
(9) matters arising from the maintenance agreement and classification manual (to be resolved in accordance with their terms); and
(10) grievances arising from duty to accommodate.
By mutual agreement, a grievance falling into any of these categories may be resolved by expedited arbitration.
(b) Those grievances that are suitable for expedited arbitration pursuant to (a) above shall be scheduled to be heard on the next available expedited arbitration date. Expedited arbitration dates shall be mutually agreed to by the parties and shall be scheduled monthly or as otherwise mutually agreed to by the parties and will be at a location central to the geographic area in which the dispute arose.
(c) Once a grievance has an expedited arbitration date the party that bears the onus for the grievance will provide all particulars and documents in their possession relating to the grievance. Disclosure must be provided no later than 30 calendar days prior to the expedited arbitration date unless there is mutual agreement to waive this timeline. The responding party must provide disclosure no later than 20 calendar days prior to the expedited arbitration date unless there is mutual agreement to waive this timeline. This requirement does not preclude further disclosure of particulars and documents up to and including the expedited arbitration date.
(d) After the expedited arbitration date has been set, and no later than 15 calendar days prior to the expedited arbitration date, either party may, upon providing written notification to the other party and to the administrators, remove the matter from expedited arbitration and refer it to arbitration.
(e) As the process is intended to be informal and non-legal, outside lawyers will not be used to represent either party.
(f) The parties shall make every effort to make use of an agreed to statement of facts.
(g) All presentations are to be short and concise and are to include a comprehensive opening statement.
(h) The parties agree to make limited use of authorities during their presentations.
(i) The Arbitrator shall hear the grievances and shall render a decision within two working days of such hearings. No written reasons for the decision shall be provided beyond that which the Arbitrator deems appropriate to convey a decision.
(j) Prior to rendering a decision, the Arbitrator may assist the parties in mediating a resolution to the grievance. If this occurs, the cost will be borne in accordance with Section 103 of the Labour Relations Code or a Labour Relations Code provision of similar effect.
(k) All decisions of the Arbitrator are to be limited in application to the particular dispute and are without prejudice. Arbitration awards shall be of no precedential value and shall not thereafter be referred to by the parties in respect of any other matter. The expedited arbitrators will be advised to include these statements at the beginning of their Reports.
(l) All settlements of expedited arbitration cases prior to hearing shall be without prejudice.
(m) The parties shall equally share the cost of the fees and expenses of the Arbitrator.
(n) The expedited arbitrator, who shall act as sole arbitrator, shall be selected from the list as identified below, or shall be a substitute mutually agreed to by the parties.
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(o) It is not the intention of either party to appeal a decision of an expedited arbitration.
(p) A representative of HEABC and the Association will meet quarterly to review the expedited arbitration process and will meet monthly or more often if necessary for scheduling of expedited hearing dates as outlined in the process in Memorandum of Agreement #25 (Scheduling of Expedited Arbitration).
(a) Within two weeks after an arbitrator has been assigned under Article 9.2 (Assignment of Arbitrator) the parties may mutually agree to refer grievances related to suspensions of over 10 days duration and terminations to resolution process that includes one day of mediation followed by arbitration if the grievance remains unresolved at the mediation.
(b) If the parties agree to mediation they must decide, by mutual agreement, to use the assigned arbitrator or assign another person as the mediator within the timeframe in Article 9.2(c)(1) (Assignment of Arbitrator).
(a) The Employer shall not dismiss or discipline an employee or issue a suspension pending an investigation except for just and reasonable cause.
(b) In all cases of dismissal and discipline the burden of proof of just cause shall rest with the Employer.
(c) Notice of dismissal or suspension shall be in writing and shall set forth the reasons for the dismissal or suspension.
All dismissals, suspensions and other discipline will be subject to the grievance procedure under Article 8 (Grievances). Two copies of the written notice of dismissal or suspension shall be forwarded to the union designate within five days of the action being taken.
(a) Disciplinary action grievable by the employee shall include:
(1) written censures;
(2) letters of reprimand; or
(3) adverse reports.
(b) An employee shall be given a copy of any such document placed on the employee's file which might be the basis of disciplinary action. Should an employee dispute any such entry in his/her file, he/she shall be entitled to recourse through the grievance procedure and the eventual resolution thereof shall become part of his/her personnel record.
(c) Any such document, other than formal employee evaluations, shall be removed from the employee's file after the expiration of 18 months from the date it was issued provided there has not been a further infraction. In cases where disciplinary documents relate to resident or patient abuse, the 18 month period may be extended by the length of time an employee is absent from work for an accumulated period of more than 30 days, except for periods of approved vacation and maternity leave.
(d) The Employer agrees not to introduce as evidence in any hearing any document from the file of an employee, the existence of which the employee was not aware at the time of filing.
(a) Where a formal evaluation of an employee's performance is carried out, the employee shall be given sufficient opportunity to meet with the Employer, read, review and ask questions about the evaluation. Employees will be paid for time incurred attending such meetings. The employee will be given up to seven days to read, review and sign the evaluation.
(b) The evaluation form shall provide for the employee's signature in two places, one indicating that the employee has read and accepts the evaluation, and the other indicating that the employee disagrees with the evaluation. An employee may initiate a grievance regarding the contents of an employee evaluation if the employee has signed in the place indicating disagreement with the evaluation.
(c) An employee evaluation shall not be changed after an employee has signed it, without the knowledge of the employee, and any such changes shall be subject to the grievance procedure of this Agreement.
(d) An employee shall receive a copy of his/her evaluation at time of signing.
(e) All performance evaluations shall be carried out in a confidential manner.
(a) With reasonable written notice given to the Employer, an employee shall be entitled to review his/her personnel file in the office in which the file is normally kept. Access to the file shall be no later than seven days after the notice is given.
(b) A representative of the Union, with the written authority of the employee shall be entitled to review the employee's personnel file in the office in which the file is normally kept in order to facilitate the investigation of a grievance. The union representative shall give the Employer adequate written notice prior to having access to such file. Access to the file shall be no later than seven days after the notice is given.
(c) The personnel file shall not be made public or shown to any other individual without the employee's written consent, except in the proper operation of the Employer's business and/or for the purposes of the proper application of this Agreement.
(a) Where an employer designate intends to interview an employee for disciplinary purposes, the employer designate must notify the employee in advance of the purpose of the interview and of the
employee's right to have a xxxxxxx present, in order that the employee can exercise his/her right to contact his/her xxxxxxx, providing that this does not result in an undue delay of the appropriate action being taken.
(b) Where the employer designate intends to interview a xxxxxxx for disciplinary purposes, the xxxxxxx shall have the right to consult with a union staff representative and to have another xxxxxxx or alternate present, providing that this does not result in an undue delay of the appropriate action being taken.
(c) This provision shall not apply to those discussions that are of an operational nature and do not involve disciplinary action.
An employee who fails to report for duty for three consecutive workdays without informing the Employer of the reason for his/her absence will be presumed to have abandoned his/her position. An employee shall be afforded the opportunity to rebut such presumption and demonstrate that there were reasonable grounds for not having informed the Employer.
Discussions and interviews between the Employer and an employee or xxxxxxx regarding discipline shall be carried out in a confidential manner.
(a) Seniority shall be defined as the length of the employee's continuous employment with the Employer, and shall accumulate, based on straight-time paid hours since the most recent date of employment with the Employer, including service prior to certification of the Union.
(b) Straight-time paid hours shall include time spent on:
(1) paid holidays;
(2) paid vacation;
(3) leave during which time an employee is in receipt of wage-loss benefits from the WCB pursuant to Sections 29 or 30 of the Workers Compensation Act in respect of a claim from this Employer. For the purpose of this provision, applicable leave shall also include time during which an employee is receiving WCB benefits other than wage-loss benefits pursuant to Sections 29 or 30 of the Act, so long as the employee is otherwise entitled to benefits under those Sections;
(4) paid sick leave;
(5) union leave;
(6) maternity, parental and adoption leave;
(7) other approved paid leaves of absence.
For the purpose of part six above, straight-time paid hours shall be estimated based on the average weekly straight-time paid hours in the one-half payroll year preceding the leave. Where the employee has been employed for less than one-half payroll year, straight-time paid hours shall be based on the employee's average weekly straight-time hours paid since date of hire.
(a) A current service seniority list for employees as of December 31st will be provided by the Employer to the Union on or before March 31st of the following year.
(b) A current seniority list for both regular and casual employees classified as Community Health Workers shall be provided by the Employer to the union designate on a monthly basis. The list shall indicate the following:
(1) employee's name;
(2) employment status (i.e., regular or casual);
An employee shall lose seniority and shall be deemed terminated in the event that:
(a) the employee is discharged for just cause;
(b) he/she voluntarily terminates his/her employment;
(c) the employee abandons their position;
(d) the employee is on layoff for more than one year; or
(e) the employee fails to return to work within seven days of recall after being notified by mail at the last address known to the Employer. Employees required to give two weeks’ notice to another Employer shall be deemed to be in compliance with the seven day provision.
(a) A regular employee who voluntarily resigns his/her employment and within 90 days is re-hired as a regular employee by the same Employer shall retain, effective the date of re-employment, their former seniority, accumulated sick leave and years of service for vacation purposes.
(b) A regular employee who terminates employment with an employer listed in Appendix 1 (List of Employers), and is employed within 90 calendar days with another Employer listed in Appendix 1 (List of Employers), shall upon successful completion of the probationary period, be entitled to portability of benefits as specified below:
(1) Wage Increment Step - Length of service as a regular employee with the previous Employer in a similar job shall be recognized by the receiving Employer for the purpose of placement at a wage increment step. Future increment progression shall be based on service with the new Employer.
(2) Vacations - Length of service as a regular employee with the previous Employer shall be recognized for the purpose of vacation entitlement.
(c) A regular employee who voluntarily resigns his/her employment as a result of a decision to care for a dependent parent, spouse or child residing with the employee, and is re-hired by the same Employer, upon application shall be credited with their former seniority and their years of service for vacation purposes. The following conditions shall apply:
(1) the employee must have been a regular employee with at least three years of service with the Employer at time of termination;
(2) the resignation must indicate the reason for termination;
(3) the break in service shall be for no longer than three years and during that time the employee must not have been engaged in remunerative employment for more than six months cumulative;
(4) the previous length of service shall not be reinstated until successful completion of the probationary period on re-employment.
Upon request, the Employer agrees to make available to the Union the seniority dates of any employees covered by this Agreement. Such seniority dates shall be subject to correction for error on proper representation by the Union.
If a vacancy or a new job is created for which union personnel reasonably might be expected to be recruited the following shall apply:
(a) If the vacancy or new job has a duration of 30 days or more, the vacancy or new job including the salary range, a summary of the job description, the required qualifications, the hours of work, including start and stop times and days off, the work area, and the commencement date shall, before being filled, be posted for a minimum of seven calendar days, in a manner which gives all employees access to such information.
(b) Notwithstanding (a) above if the vacancy is a temporary one of less than four months, the position shall not be posted and instead shall be filled as follows:
(1) where practicable, by qualified regular full-time employees who have indicated in writing their desire to work in such positions, consistent with the requirements of Article 12.9 (Selection Criteria). If the application of this paragraph requires the Employer to pay overtime to the employee pursuant to Article 16 (Overtime), the proposed move shall not be made; or
(2) By casual employees, including regular part-time employees registered for casual work in accordance with Article 29.3 (Call-In Procedure).
(c) Regular full-time employees shall not be entitled to relieve other regular employees under (b)(1) on more than four occasions in one calendar year unless the Union and the Employer otherwise agree.
(d) Postings for temporary vacancies shall indicate the expected duration of the vacancy, if known.
(e) Community Health Workers
Where the Employer posts a regular position pursuant to Article 15.4(e) (Scheduling of Hours), the following shall apply:
(1) Unassigned ongoing hours shall be deemed sufficient to constitute a regular position where 20 or more hours exist for three consecutive months and can be scheduled within the following parameters:
(i) up to five consecutive days of work; and
(ii) a definable period of availability as per Article 15.3 (b) (Shift Schedules);
(iii) geographic location.
The position including the salary range, a summary of the job description, the required qualifications, days of work, weekly hours, period of availability, and the commencement date shall, before being filled, be posted for a minimum of seven calendar days, in a manner which gives all employees access to such information. Where the Employer has a current practice to distribute postings it shall be maintained, unless otherwise agreed at the local level.
(2) The posted weekly hours may be subject to adjustment in accordance with Article 15.4(d) (Scheduling of Hours).
(f) Float Positions – Article 14 (Hours of Work and Scheduling)
The Employer may establish at any time regular status float positions under Article 14 (Hours of Work and Scheduling), as it may be operationally more efficient and cost effective to utilize regular float positions for relief work. Further, this matter may be discussed at any time by the Union/Management Committee which shall consider in its deliberations factors such as utilization of casual employees.
Where the Employer establishes float positions, they will be posted in accordance with Article 12.1 (Job Posting and Applications). Float pool employees are entitled to all the provisions of this Agreement except Article 14.3 (a), (b), (c), (d), and (f) (Scheduling Provisions). In addition, they shall not be entitled to access work under Article 12.1(b) (Job Posting and Applications) and Article 29 (Casual Employees) at times when they are otherwise regularly scheduled to work.
A float pool employee may be required to work at more than one worksite of the Employer. Where no work is available, employees in float positions shall be utilized productively.
(a) In the posting of a vacancy or a new job, the hours of work, including stop and start times, days off and work area may be subject to change provided that:
(1) the change is consistent with operational requirements and the provisions of the Collective Agreement, and is not capricious, arbitrary, discriminatory or in bad faith; and
(2) the Employer has inquired into, and given prior due consideration to, the importance placed by the affected employee(s) on the existing hours of work, days off and work area; and the impact the change will have on the personal circumstances of such employee(s).
(b) Community Health Workers - In the posting of a vacancy or new job, the days of work and period of availability of a position may be subject to change provided that:
(1) the change is consistent with operational requirements and the provisions of the Collective Agreement, and is not capricious, arbitrary, discriminatory or in bad faith; and
(2) the Employer has inquired into, and given prior due consideration to, the importance placed by the affected employee(s) on the existing days of work and period of availability and the impact the change will have on the personal circumstances of such employee(s).
(a) Regular ongoing vacancies will be filled as set out below:
Step One (All Employers): A regular ongoing vacancy is to be posted at the Collective Agreement Employer where the vacancy originates. All employees of that Employer in the Community Subsector, including laid off and displaced employees, are entitled to apply on the vacancy and be considered pursuant to the provisions of Article 12.9 (Selection Criteria). There is no requirement for "automatic" consideration of displaced or laid off employees.
Step Two (Health Authority Amalgamated Employers only): If the position is not filled through Step One above, it is an unfilled vacancy and is available to displaced employees throughout the Dovetailed Seniority List Area as per BCLRB Decision No. B274/2002. The Dovetailed Seniority List Area ("DSLA") means the geographic area in which a single Dovetailed Seniority List applies, as identified in BCLRB Decision No. B274/2002. The Dovetailed Seniority List Area for a particular geographic area may be subject to change. The selection decision of the Employer will be made in accordance with Article 12.9 (Selection Criteria).
Step Three (Health Authority Amalgamated Employers only): If the position is still not filled through Step One and Step Two above, laid off employees throughout the DSLA are recalled to the vacancy as per BCLRB Decision No. B274/2002.
Step Four (All Employers): If the vacancy is unfilled after Step Three above, the following Regional Posting process will apply:
(1) Employees of the Authority within the DSLA and displaced employees of Affiliates receive priority prior to external recruitment.
(2) Employees of the Authority within the DSLA and displaced employees of Affiliates receive equal priority.
(3) Displaced employees of Affiliates have a priority with the appropriate DSLA of the Authority and displaced employees of the DSLA of the Authority have a priority with the appropriate Affiliate, but there is no Affiliate to Affiliate priority and no non-displaced employee priority from either the DSLA of the Authority to an Affiliate or from an Affiliate to the DSLA of the Authority.
(4) Employers within the Provincial Health Services Authority are not covered by this provision.
(5) Selection decisions will be made in accordance with Article 12.9 (Selection Criteria) and successful applicants will port their service and seniority.
(6) The onus is on employees with a priority to apply, not for the Employer to seek out those with a priority.
(7) Employers are working toward the goal of an on-line posting process. In the interim, until that goal is achieved, Authorities/Affiliates will facilitate regional postings by forwarding between the appropriate Authority/Affiliate information allowing for display on notice boards of a simple listing of positions which have reached the regional posting stage.
(8) Implementation of the regional posting process will not result in "reposting"/ "second posting" of positions, "holding of vacancies" for any period of time or an extension to the length of the posting period.
(b) Placements under Steps Two, Three, and Four as set out above would not normally result in a promotion. However, the parties may mutually agree to a promotion under the placement process. In such case, the promotion provisions of Article 12 (Job Postings) shall apply.
(c) Positions funded for specific projects, i.e., grant funded, capital projects, etc., will be posted pursuant to the Collective Agreement and DSLA.
When the funding ends, an internal candidate retains their previous status. For an external candidate, they maintain their current rights under the Collective Agreement.
Group 1 – Amalgamated Employer
Regular ongoing vacancy occurs in an Amalgamated (Health Authority) Employer
Post vacancy in that Employer Site. All community employees, including displaced and laid off employees can apply and are considered pursuant to Article 12.9 (Selection Criteria).
Employer Site Posting
If No Successful Candidate
Consider displaced employees of Amalgamated Employers in the DSLA who have expressed an interest in the "unfilled vacancy".
If No Successful Candidate
Recall laid off employees of Amalgamated Employers in the DSLA.
If No Successful Candidate
Forward to all other Employer Sites in the DSLA, information allowing for display on notice boards, a listing of positions not filled as per the above. Employees of Amalgamated Employers in the DSLA and displaced employees of Affiliated Employers have priority over external candidates for these positions.
If No Successful Candidate
The posting process steps may occur simultaneously. The Employer may implement electronic job posting and employee application for job posting in place of or in conjunction with paper posting.
Group 2 - Affiliated Employer
Regular ongoing vacancy occurs in an
Affiliated Employer Site.
Post vacancy in that Employer Site. All community
employees, including displaced and laid off employees can apply and are considered
pursuant to Article 12.9 (Selection Criteria).
Employer Site Posting
If No Successful Candidate
Forward to the Health Authority, information allowing for display on notice boards, a listing of positions not filled as per the above. Displaced employees of Amalgamated Employers in the DSLA and employees from the Affiliated Employer’s
site have priority over external candidates for these positions.
If No Successful Candidate
The posting process steps may occur simultaneously. The Employer may implement electronic job posting and employee application for job posting in place of or in conjunction with paper posting.
The Employer shall also consider applications from those employees, with the required seniority, who are absent from their normal places of employment because of sick leave, annual vacation, unpaid leave, union leave, bereavement leave, education leave, or special leave, and who have filled in an application form before each absence, stating the jobs they would be interested in applying for should a vacancy or new job occur during their absence.
Where operational requirements make it necessary, the Employer may make temporary appointments pending the posting and consideration of union personnel pursuant to 12.1 (Job Postings and Applications) above.
Two copies of all postings shall be sent to the designated union representative within the aforementioned seven calendar days.
(a) The Employer shall, within three calendar days, inform all applicants of the name of the successful applicant either in writing to each applicant or posting the name of the successful applicant in the same manner in which the vacancy, or new job was posted. The Employer shall also advise whether the successful candidate is an external hire.
(b) Upon request, an unsuccessful applicant will be given the reasons why they were unsuccessful.
The Employer agrees to supply to the Union the names of all applicants for a vacancy, or new position in the course of a grievance investigation.
(a) In the promotion, transfer, demotion or release of employees, performance in current or previous positions, required qualifications (including initiative), and seniority shall be the determining factors. Each of the three determining factors will be accorded equal weight.
(b) Where an employee has met a specific standard on a typing (keyboard) test, the result of that test will stand for a period of 24 months. Further, where an employee is working in a position requiring a specific standard of typing (keyboarding) speed, the employee will be deemed to satisfy that standard if applying for another position that requires the same or lesser standard.
(c) For Community Health Worker positions, qualifications also includes ability to meet specific client needs as outlined in Clause 15.4(b) (Scheduling of Hours).
For the first 488 hours of work with the Employer, an employee shall be a probationary employee. By written mutual agreement between the Employer and the Union, the probationary period may be extended by one calendar month provided written reasons are given for requesting such extension.
During the probationary period, an employee may be terminated. If it is shown on behalf of the employee that the termination was not for just and reasonable cause, the employee shall be reinstated. Upon completion of the probationary period, the initial date of employment shall be the anniversary date of the employee for the purpose of determining perquisites and seniority.
(a) If an employee is promoted, voluntarily demoted, or transferred to a job, the classification for which the Union is the certified bargaining authority, then the promoted, voluntarily demoted, or transferred employee shall be considered a qualifying employee in his/her new job for a period of three months. In no instance during the qualifying period shall such an employee lose seniority or perquisites.
(b) If an employee has been promoted, voluntarily demoted or transferred and during the aforementioned three month period is found unsatisfactory in the new position, then the promoted, voluntarily demoted or transferred employee shall be returned to his/her former job and increment step before the promotion, voluntary demotion or transfer took place, without loss of seniority.
(c) Any other employee hired, promoted, voluntarily demoted or transferred because of the rearrangement of jobs, shall be returned to his/her former job and pay rate without loss of seniority and accrued perquisites.
(d) An employee who requests to be relieved of a promotion, voluntary demotion, or transfer during the qualifying period in the new job shall return to the employee's former job without loss of seniority or perquisites on the same basis as outlined in paragraph (b) of this Section.
At the request of either the Employer or the Union, the parties shall meet in accordance with Article 7.5 (Union/Management Committee) for the following purposes:
(a) planning training programs for those employees affected by technological change;
(b) planning training programs to enable employees to qualify for new positions being planned through future expansion or renovation;
(c) planning training programs for those employees affected by new methods of operation;
(d) planning training programs in the area of general skills upgrading.
Whenever necessary, the parties shall seek the assistance of external training resources such as the Human Resources Development Canada and Provincial Ministry of Labour or other recognized training institutions.
(a) Any employee classified as a regular employee shall be considered displaced by technological change when his/her services shall no longer be required as a result of a change in plant or equipment, or a change in a process or method of operation diminishing the total number of employees required to operate the department in which he/she is employed.
(b) Where notice of displacement or layoff actually results in a layoff, and prior to a layoff becoming effective, a copy of such notice shall be provided to the designated union representative within 24 hours of the time it is provided to the employee.
It is agreed that in instances where a job is eliminated, either by automation or change in method of operation, employees affected shall have the right to transfer to a job in line with seniority provided such transfer does not effect a promotion and provided, further, the employee possesses the ability to perform the duties of the new job. Employees affected by such rearrangement of jobs shall similarly transfer to jobs in line with seniority and ability.
A transfer under this section shall not be deemed to effect a promotion unless it results in an increase in the pay rate of the transferring employee in excess of three percent of his/her existing pay rate.
The Unions will recommend to their membership that they facilitate and expedite the job selection, placement and bumping process in the context of downsizing and labour adjustment generally. Accordingly, employees exercising a right to bump must advise the Employer of their intention to bump within seven days of receipt of the Employer's current seniority list.
(a) The Employer shall give regular full-time and regular part-time employees the following written notice of layoff or normal pay for that period in lieu of notice:
(1) an employee who has not completed the probation period - two weeks’ notice;
(2) an employee who has completed the probationary period - four weeks’ notice;
(3) three or more years’ seniority - one additional week per year to a maximum of eight weeks.
Notice of layoff shall not apply where the Employer can establish that the layoff results from an act of God, fire, or flood.
(b) In the event that the Employer is unable to schedule a regular Community Health Worker on an ongoing basis to five hours below his/her weekly maximum under Article 15.4(a)(3) (Scheduling of Hours), the Employer may displace the employee.
(c) Upon request, an employee classified as a regular Community Health Worker shall be entitled to notice equivalent to that set out in (a) above in the event that there are no hours available for assignment to five hours below his/her weekly maximum for a period of four consecutive weeks.
(a) Laid off regular employees shall retain their seniority and perquisites accumulated up to the time of layoff for a period of one year and shall be rehired, if the employee possesses the capability of performing the duties of the vacant job, on the basis of last off - first on. Laid off employees failing to report for work of an ongoing nature within seven days of the date of receipt of notification by registered mail shall be considered to have abandoned their right to re-employment. Employees required to give two weeks’ notice to another Employer shall be deemed to be in compliance with the seven day provision. In the exercise of rights under this section, employees shall be permitted to exercise their rights in accordance with Article 13.3 (Bumping) of this Agreement.
(b) Laid off employees shall be rehired to Community Health Worker positions as set out in (a) above, subject to the provisions of Article 15 (Hours of Work and Scheduling-Community Health Workers).
(c) During a laid off employee's recall period, she/he shall be entitled to register for casual work for the duration of the recall period. Registration shall be in accordance with Article 29 (Casual Employees). Should the employee work in a lower rated position, then the employee shall be paid at the lower rate of pay.
The Employer agrees not to contract out any work presently performed by employees covered by this Agreement which would result in the laying off of such employees. There will be no expansion of contracting in or out within the bargaining unit of the Union as a result of the reduction of FTEs.
Note: Article 14 shall have no application to Community Health Workers and employees scheduled in a manner similar to Community Health Workers.
The workweek shall provide for continuous operation based on a seven day week, 24 hours per day.
(a) Except as otherwise provided in this article, the average hours of work for each regular full-time employee covered by this Agreement, exclusive of meal times, shall be 37½ hours per week or an equivalent mutually agreed to by the Employer and the Union.
(b) Employees with average hours of work greater than 37½ hours per week shall move to the hours in (a) above on April 1, 1999 without loss of regular pay.
(c) Where the full-time hours of work for any classification at the time of ratification of this Agreement average less than 37½, the full-time hours of work shall be maintained, except where the Employer and the Union otherwise agree.
It is understood and agreed that in the event the length of the normal regular full-time workweek of a future Community Subsector Collective Agreement is, or averages, 36 hours per week, the full-time hours of work for any classification averaging less than 36 hours per week shall be increased to an average of 36 hours per week at that time.
The operation of this Part (c) shall not result in an increase or decrease to the hourly rate of pay for any classification.
(d) Except as otherwise provided in this article, the base day will be seven and one-half hours for the purpose of calculating the accrued benefit credit banks. Where the full-time hours of work for any classification average less than 37½ hours per week, the base day will be the average weekly full-time hours of work divided by five workdays.
(e) Employees shall be scheduled off from work, exclusive of annual vacations, a minimum of 116 days per year [that is, an average of two days per week plus a minimum of 12 paid holidays]. If, at the end of 52 weeks dating from an employee's first scheduled shift in January, an employee has not had a minimum of 116 days off, he/she shall be paid extra at the applicable overtime rate for each day by which his/her total number of days off falls short of 116 days except for days for which he/she was paid overtime in accordance with Articles 16 (Overtime) or 17.3 (Holiday Falling on a Day of Rest).
(f) Employees shall not be required at any time to work more than six consecutive shifts, and employees shall not receive at any time less than two consecutive days off-duty excluding paid holidays, otherwise overtime shall be paid in accordance with Article 16 (Overtime). Subject to the approval of the Employment Standards Board, the foregoing provision may be varied by mutual agreement between the Employer and the Union.
(g) Where the Employer and the Union have an agreement in a collective agreement, memorandum, or letter of agreement on specific scheduling provisions with respect to hours of operation, excursions, flextime, extended workdays or modified workweeks for any specific employee or group of employees, the agreements shall be maintained unless mutually agreed otherwise by the Union and the Employer. If mutual agreement on proposed amendments is not reached either party may refer the matter to the Investigator pursuant to Article 8.13(Investigator) who will investigate the difference and give consideration to past practice, employee circumstances and the Employer's operational requirements. The parties shall be bound by the decision of the Investigator.
(h) New extended hours, modified or flextime schedules may only be implemented through mutual agreement between the Employer and Union. Such agreement shall be in writing and will include details of the agreed schedule.
(a) (1) The Employer shall arrange the times of all on-duty and off-duty shifts, including days in lieu of paid holidays pursuant to Article 17.8 (Scheduling of Lieu Days) and post these at least 14 calendar days in advance of their effective date.
(2) If the Employer alters the scheduled workdays of an employee without giving at least 14 calendar days' advance notice, such employee shall be paid overtime rates for the first shift worked pursuant to Article 16 (Overtime), except where the Union and the Employer agree otherwise in good faith. The Union and the Employer may agree at the local level to allow such
an agreement to be between the employee and the Employer. Notice of the alteration shall be confirmed in writing as soon as possible.
(b) There shall be a minimum of 12 consecutive hours off-duty between the completion of one work shift and the commencement of the next.
(c) When it is not possible to schedule 12 consecutive hours off-duty between work shifts, all hours by which such changeover falls short of twelve consecutive hours shall be paid at overtime rates in accordance with Article 16 (Overtime).
(d) If a written request for a change in starting time is made by an employee which would not allow 12 consecutive hours off-duty between the completion of one work shift and the commencement of another, and such request is granted, then the application of paragraphs (b) and (c) of this section shall be waived for all employees affected by the granting of such a request provided they are in agreement.
(e) Employees may exchange shifts with the approval of the Employer provided that, whenever possible, sufficient advance notice in writing is given and provided that there is no increase in cost to the Employer.
(f) If the Employer changes a shift schedule without giving a minimum of 14 calendar days advance notice and such change requires an employee to work on a scheduled day off, then such hours worked shall be paid at overtime rates pursuant to Article 16 (Overtime). Notice of the change shall be confirmed in writing as soon as possible.
(g) Regular full-time employees shall not be required to work three different shifts in any six consecutive day period posted in their work schedules.
The nature of health care is such that at times it may be necessary for an employee to perform work not normally required in his/her job for the safety, health or comfort of a client or resident. It is understood that an employee shall not be expected to perform a task for which he/she is not adequately trained.
There shall be a 15 minute rest period in each half of any full shift. Employees working less than a full shift shall receive one 15 minute paid rest period.
(a) An unpaid meal period shall be scheduled as close as possible to the middle of each shift of five hours or more and shall be taken away from the work area. The length of the meal period shall not be less than 30 minutes, or up to 60 minutes by mutual agreement.
(b) Employees required by the Employer to work during their scheduled meal period will have their meal period rescheduled to an alternative time during that shift. Every effort shall be made to ensure that the rescheduled meal period does not commence within two hours of the end of the shift. Employees whose meal period is not rescheduled will be paid for the meal period at the applicable overtime rates.
(c) An employee who has been designated by the Employer to be available for work during his/her meal period will receive pay for the meal period at straight-time rates.
(a) Identification of Shifts:
(1) "Afternoon shift" is any shift in which 50% or more occurs between 4 p.m. and 12 midnight.
(2) "Night shift" is any shift in which 50% or more occurs between 12 midnight and 8:00 a.m.
Unless otherwise specified in this article, the following shall always apply:
(a) If an employee is required by the Employer to report first to a different location before reporting to his/her scheduled worksite, travel time from that location to the actual worksite shall be included in the scheduled workday. If at the end of work at his/her scheduled worksite the employee is required to report back to a different location first before booking off work, travel time from the worksite to that different location shall be included in the scheduled workday.
(b) Except where existing classifications already provide for split shifts, employees shall not be required to work split shifts without the agreement of the Union.
Employees who accompany clients/residents on excursions will be entitled to a full shift's pay and four hours of lieu time for every 24 hour period. Lieu time shall be scheduled pursuant to Article 16.6 (Compensating Time Off).
Employees currently receiving a superior entitlement shall continue to receive the entitlement.
For the purpose of this Agreement, flextime means hours worked by employees who are given authority by the Employer to choose their starting and finishing times, the length of their workday, and days off, for the purpose of providing flexible and accessible service to clients, and providing that:
(a) the workday shall not exceed 10 hours, except where the employee specifically requests and the Employer agrees; and
(b) full-time employees shall perform work on at least four days in any calendar week; and
(c) employees shall average 75 hours of work per fortnight; and
(d) employees shall continue to be subject to periodic specific instructions from the Employer to attend at particular places and at particular times as required; and
(e) regular full-time employees who have a day of absence from work, whether with or without pay, shall be deemed to be absent for seven and one-half hours, provided at least seven and one-half hours are required to complete the averaging period. If less than seven and one-half hours are required to complete the averaging period, such number of hours will be deemed to be hours of absence;
(f) where the full-time hours of work for a regular employee covered by this article are different than 37½ hours per week, the hours of work per fortnight under (c) above shall be adjusted to reflect those full-time weekly hours and, similarly, the deemed daily hours under (e) above shall be adjusted to reflect the regular full-time weekly hours of work divided by five days.
Where modified hours of work arrangements are presently in place for employees covered by new certifications where there is no collective agreement presently in effect, the Union and the Employer shall review and develop local Memoranda of Agreement to address existing scheduling provisions with respect to extended workdays, modified workweeks or other modified hours of work arrangements. The parties agree that existing practices shall not be unreasonably disrupted so long as such practices are consistent with the terms of the Community Subsector Collective Agreement.
(a) Employees required to be on call shall be paid one dollar per hour, or portion thereof.
(b) The minimum on call requirement shall be four consecutive hours.
(c) Should the Employer require an employee to have a pager or a cellular phone available during their on-call period, then all related expenses for such device shall be the responsibility of the Employer.
"After hours services" shifts are defined as those shifts during which intermittent administration, supervision, and coordination of home support services, after regular hours of operation, are being provided to ensure that the needs of clients and field staff emergencies are met.
Employees assigned to after hours service shifts shall be compensated on the basis of one hour of straight-time pay for each four hours of after-hours services assignment. Seniority and benefits will accrue on the straight-time hours paid until the employee has accumulated them up to a maximum of the annual full-time equivalent per year.
Employees currently receiving a superior entitlement shall continue to receive the entitlement.
This provision only applies to employees scheduled under Article 14 (Hours of Work and Scheduling).
(a) This article does not apply where Section 54 of the Labour Relations Code applies. When Section 54 does not apply, the Employer may use the job fair process only in the event the Employer intends to:
(1) reduce the number of FTEs or reduce the total number of hours of work within a specific unit/department/program/worksite; or
(2) revise the existing work schedule and maintain the total number of FTEs or total number of hours of work within a specific unit/department/program/worksite, or
(3) increase the number of FTEs or increase the number of hours of work within a specific unit/department/program/worksite of no more than .2 FTE per affected employee.
(b) The parties may mutually agree to use the process provided in this clause for increases to the number of FTEs or total number of hours of work of more than .2 FTE per affected employee within a specific unit/department/program/worksite. If mutual agreement is not reached such increases shall be covered by Article 12.1 (Job Postings and Applications).
(c) Job Fair Process
First the Employer will post or otherwise provide the proposed schedule/rotation for seven calendar days so that impacted regular employees in the unit/department/program/worksite have an
opportunity to review it. Within a further seven calendar days, the impacted regular employees will select their line/position on the new schedule/rotation in order of seniority. Any regular employee without a line/position in the new work schedule/rotation will be issued a displacement notice in accordance with Article 13 (Labour Adjustment and Technological Change). The new work schedule will then be posted in accordance with Article 12 (Job Postings).
Impacted regular employees subject to the above must select a line/position in the new schedule/rotation, by seniority, where the FTE is within 0.2 FTE of their current posted job (note that this can include a change in status). However, an impacted regular employee may voluntarily select any line/position available to them if they choose to do so. If no line/position within 0.2 FTE is available to the impacted employee, and the employee does not voluntarily choose another line/position, she/he shall be issued displacement notice at the end of the seven day line selection period.
(d) Any positions remaining vacant at the end of the job fair process shall be posted in accordance with Article 12.1 (Job Postings and Applications).
(e) Upon completion of the job fair process the Employer shall post the new schedule in accordance with Article 14.3 (a)(1) (Scheduling Provisions). Unless mutually agreed otherwise the new schedule will be implemented in 14 days.
The workweek shall provide for continuous operation based on a seven day week, 24 hours per day.
Except for live-ins and overnights, the hours of work shall be an average of eight hours per day, exclusive of an unpaid meal period or an average of 40 hours per week.
Employees shall not be required to work more than six consecutive days without receiving two consecutive days off work.
(a) No later than one year after February 18, 2013, the new scheduling language will be applicable.
(b) Shift schedules include the following:
(1) Fixed Shifts:
Fixed shifts positions have a specific start and finish time and specified daily hours from four to eight paid hours per day and 20 to 40 paid hours per week. Article 15.10 (Meal Period) will continue to apply.
(2) Period of Availability:
Scheduled hours shall be confined to either a 10, nine, eight or six consecutive hour period as defined below, except those doing live-in or overnight shifts. The consecutive hour period shall not vary from day to day except where the Employer and the employee otherwise agree. The consecutive hour period may also be changed in accordance with Article 12.2(b) (Change to Start and Stop Times, Days Off and Work Area).
The consecutive hour period for those employees with weekly posted hours of over 37.5 up to and including 40 shall be 10 consecutive hours.
The consecutive hour period for those employees with weekly posted hours of over 30 up to and including 37.5 shall be nine consecutive hours.
The consecutive hour period for those employees with weekly posted hours of over 25 up to and including 30 shall be eight consecutive hours.
The consecutive hour period for those employees with weekly posted hours of 20 to 25 shall be six consecutive hours.
(3) Fixed hour split shifts:
A regular fixed hour split shift is a shift of 30 hours or more per week consisting of two distinct periods of fixed hours. One period must consist of at least three, four, five or six hours of work and the second period will consist of at least two hours during the shift as long as the total of all hours does not result more than eight hours a day and 40 hours per week. Article 15.10 (Meal Periods) will continue to apply.
(c) Notwithstanding 15.3(a) (Shift Schedules), the parties recognize an individual client may require service in excess of eight hours. Employees shall have the option of accepting such assignments to a maximum of 12 hours in a day at straight-time pay. An employee who elects to accept such shifts shall confirm their agreement to do so in writing. Copies of such requests shall be sent to the union representative. Employees shall have the right to revoke acceptance of such shifts by providing the Employer with two weeks’ written notice.
(d) A regular employee’s work schedule shall be made available to the employee a reasonable period in advance of the starting day of the new schedule. The employee’s schedule shall cover a two week period. It is understood that the schedules may be subject to revision and/or cancellation in accordance with the provisions of the Collective Agreement. In the event of a dispute the xxxxxxx shall have access to the schedules of each employee and, if requested, shall be provided with copies.
(a) Regular Employees
(1) (i) Regular employees shall be scheduled hours within their classification based on seniority, subject to the employee's ability to meet specific client needs and geographic location.
(ii) When assigning hours, regular employees shall be given priority over casual employees in accordance with the process described in Article 15.4(a) (Scheduling of Hours).
(2) The Employer shall post regular positions, according to the shift schedule options in Article 15.3(b) (Shift Schedules) specifying the days of work, the period of availability and the weekly posted hours.
(3) If a regular employee is below the weekly posted hours of his/her position the Employer shall, as soon as possible, assign hours that can be accommodated considering the employee's existing assignments, in the following sequence:
(i) from new hours;
(ii) from hours assigned to casuals in reverse order of seniority;
(iii) within no longer than seven days, from junior regular employees, in reverse order of seniority.
(4) Assignment of Unassigned Hours to Regular Employees
Regular employees who wish to be assigned hours in excess of their weekly posted hours may register under Article 29.3(a) (Call-in Procedure) for unassigned hours. Where unassigned hours are available, the Employer shall offer such unassigned hours to these registered employees in accordance with Articles 29.3 (a) and (d) (Call-in Procedure). Where such hours are assigned they may be reassigned to other regular employees eligible for such hours pursuant to Article 15.4(a)(3) (Scheduling of Hours).
The provisions of Articles 29.1 (a), (b), (c) and (d) (Casual Employee) shall not apply. All time worked shall be credited to the employee for the purpose of seniority and benefit accumulation.
(b) Ability to Meet Specific Client Needs
For purposes of this article, an employee’s ability to meet specific client needs shall be determined using the following criteria:
(1) language requirements and gender, where lack of consideration would lead to an adverse effect on the well-being of the client;
(2) continuity of care, where the lack of consideration would lead to an adverse effect on the health of the client;
(3) employee/client compatibility, where the lack of consideration would likely lead to an adverse effect on the health of the client. When a complaint arises, the Employer will investigate the complaint and endeavour to rectify the situation prior to reassigning the employee;
(4) a care need requiring a specific skill. Where a regular employee requires training in order to access a particular assignment for which he/she is otherwise eligible pursuant to Article 15.4(a)(3) (Scheduling of Hours), such training shall be provided to the employee as soon as reasonably practicable.
(c) Where an employee classified as a CHWII is eligible to be assigned hours under Article 15.4(a)(3) (Scheduling of Hours) above and where no such hours are available, the employee may opt to receive CHWI hours or to work reduced hours. Whichever option the employee elects, the employee shall remain entitled to CHWII hours in accordance with Article 15.4 (a)(3) (Scheduling of Hours) above as soon as they become available.
(d) Ongoing hours are defined as non-relief hours which are anticipated to have a duration of three consecutive months or more. Ongoing hours that have not been assigned to a regular employee pursuant to 15.4 (a)(3) (Scheduling of Hours) above shall be considered unassigned. Where there are ongoing hours that are unassigned, and are sufficient to constitute a regular position, and which can be assigned in five hour increments, the Employer shall first:
(1) offer, by seniority, to increase the weekly posted hours of existing regular positions, subject to Article 15.4 (a)1 (Scheduling of Hours). The Employer shall canvass employees whose days of work and period of availability would allow for inclusion of the unassigned hours. Employees shall have the option to accept or decline an increase in their weekly posted hours; then,
(2) where no regular employee opts to accept an increase in their weekly posted hours, the Employer may increase the weekly posted hours of the most junior regular employee(s) whose
posted days of work and period of availability would allow for inclusion of the available hours, subject to Article 15.4 (a)(1) (Scheduling of Hours), or post a new regular position in accordance with Article 12 (Job Postings) and (e) below. Where the most junior regular employee'(s) period of availability is less than 10 hours, the period of availability may be increased to accommodate the available hours in accordance with Article 15.3 (Shift Schedules).
(3) When an employee's weekly hours are increased pursuant to this clause the Employer shall provide the employee with written confirmation of the increased hours.
(e) Unassigned ongoing hours shall be deemed sufficient to constitute a regular position where 20 or more such hours can be scheduled within the following parameters:
(1) up to five consecutive days of work; and
(2) definable period of availability as per Article 15.3(b) (Shift Schedules);
(3) geographic location.
When there are sufficient unassigned ongoing hours to constitute a regular position the Employer shall post a regular position pursuant to Article 12 (Job Postings).
(f) Regular employees may refuse hours only if the hours are in excess of their weekly posted hours, subject to Article 15.4(d) (Scheduling of Hours) or outside their period of availability referred to in Article 15.4(a)(2) (Scheduling of Hours).
(g) The Employer shall make every reasonable effort to minimize or eliminate the number of splits (and minimize the duration of such splits) in an employee's daily schedule, exclusive of meal periods, subject to time specific service requirements and travel time.
(h) The Employer may contact regular employees outside of their period of availability only for scheduling purposes.
(i) Regular employees contacted outside their period of availability for reasons other than those described in (h) above shall be paid at straight-time rates for the duration of the call, with a minimum of 15 minutes per call.
(j) Assigned schedules shall include adequate time to complete any client reports requested by the Employer.
(k) Employees will not be required to access the Employer’s voice mail scheduling system more than once per scheduled day of work, and in any event, not on a scheduled off-duty day.
(l) Casual Employees - Hours shall be assigned to casual employees pursuant to Article 29 (Casual Employees) based on seniority, subject to the employee's availability, ability to meet specific client needs, skill and ability required for the specific assignment and geographic location.
Either the client or the employee shall have the right to have a particular assignment removed, subject to an investigation by the Employer. Such request shall not be unreasonably denied. In these circumstances, the employee shall receive hours pursuant to Article 15.4(a) (Scheduling of Hours), including hours reassigned from junior regular employees, as soon as possible.
(a) Every reasonable effort will be made to ensure that no regular employee is assigned to work less than four hours in a given day with the exception of emergency situations.
(b) An employee reporting to work but unable to commence or continue his/her duties for reasons beyond the control of the Employer, shall be required to immediately report the situation to his/her Supervisor. Where possible, the employee shall be reassigned to an alternate worksite. Where no alternate work is available, the employee shall receive payment for the assignment to a maximum of four hours straight-time pay or, where the Employer is reimbursed for greater than four hours payment, for the number of hours reimbursed to the Employer.
(c) Assignments cancelled with less than 24 hours’ notice shall not result in loss of pay to the employee, provided the Employer is reimbursed for the service.
(d) If an employee is required to attend to a deceased client he/she shall be paid for all hours worked in accordance with the Collective Agreement. An employee shall not suffer loss of pay for assignments that are re-assigned due to the employee being required to attend to a deceased client. The employee will be paid the greater of the hours worked or the hours scheduled for that day.
Travel time between clients shall be scheduled by the Employer, and is included in the employee's paid hours of work. Travel time between clients shall not be included in the meal periods. Where the employee is not required by the Employer to utilize his/her private vehicle for travel between clients, the travel time scheduled and paid by the Employer shall assume travel by automobile.
This article applies to travel time between the last client in the first portion of a fixed split shift and the first client in the last portion of the fixed split shift.
(a) The Employer shall implement a system whereby employees can be contacted in the event of an emergency.
(b) The Employer to provide employees on duty outside the regular office hours with access to an agency staff person or designate in the event of an urgent situation.
(c) The Employer will offer to provide a staff person to assist an employee who encounters a deceased client.
(a) When leave of absence with pay is granted the employee shall be paid based on the average number of hours worked in the 12 pay periods preceding the leave of absence.
(b) Employees who are absent from employment on an approved leave of absence shall, upon return to work, be assigned hours pursuant to Article 15.4 (Scheduling of Hours) with the same weekly posted hours, period of availability and days of work they were in prior to their leave of absence.
(a) Unless the Employer and the employee otherwise agree an unpaid meal period shall be scheduled as close as possible to the middle of each shift of five hours or more and shall be taken away from the work area. The length of the meal period shall not be less than 30 minutes, or up to 60 minutes by mutual agreement.
(b) Employees required by the Employer to work during their scheduled meal period will have their meal period rescheduled to an alternative time during that shift. Every effort shall be made to ensure that the rescheduled meal period does not commence within two hours of the end of the shift.
Employees whose meal period is not rescheduled will be paid for the meal period at the applicable overtime rate.
(c) An employee who has been designated by the Employer to be available for work during his/her meal period will receive pay for the meal period at straight-time rates.
The nature of health care is such that at times it may be necessary for an employee to perform work not normally required in his/her job for the safety, health or comfort of a client or resident. It is understood that an employee shall not be expected to perform a task for which he/she is not adequately trained.
Employees shall be scheduled off from work, exclusive of annual vacations, a minimum of 116 days per year [that is, an average of two days per week plus a minimum of 12 paid holidays]. If, at the end of 52 weeks dating from an employee's first scheduled shift in January, an employee has not had a minimum of 116 days off, he/she shall be paid extra at the applicable overtime rate for each day by which his/her total number of days off falls short of 116 days except for days for which he/she was paid overtime in accordance with Articles 16 (Overtime) or 17.3 (Holiday Falling on a Day of Rest).
Unless otherwise specified in this article, the following shall always apply:
If an employee is required by the Employer to report first to a different location before reporting to his/her scheduled worksite, travel time from that location to the actual worksite shall be included in the scheduled workday. If at the end of work at his/her scheduled worksite the employee is required to report back to a different location first before booking off work, travel time from the worksite to that different location shall be included in the scheduled workday.
Live-in shifts shall be paid at a minimum of 13 hours or more if purchased by the purchaser of the service, at the employee's regular rate of pay. All hours paid shall be used in the determination of benefit entitlement and seniority. Employees shall receive two consecutive days off after five consecutive days worked in one week.
Overnight shifts shall be paid at a minimum of 10 hours or more if purchased by the purchaser of the service, at the employee's regular rate of pay. All hours paid shall be used in the determination of benefit entitlement and seniority. Employees shall receive two consecutive days off after five consecutive days worked in one week.
Upon request, the hours purchased by the purchaser of live-in shifts and overnight shifts will be provided to the Union for all clients.
Live-in employees shall be entitled to a break, without loss of pay, of three consecutive hours between 9:00 a.m. and 9:00 p.m. unless mutually agreed otherwise.
Employees will not be scheduled to do live-in or overnight shifts unless the employee has indicated in writing to the Employer they will accept such shifts.
Employers whose current practice provides for a superior entitlement shall continue the practice.
(1) General - The Employer shall, as a minimum standard for live-in and overnight shifts, ensure the Continuing Care Guidelines with respect to working conditions are complied with.
(2) Living Accommodation - Reasonable living accommodation (regarding safety and sanitation) shall be provided within basic standards, i.e., running water, indoor plumbing, heat and light.
(3) Telephone Access - Employees shall be entitled to reasonable use of the client's telephone for local calls during the evening to speak with family members (i.e., spouse, children, dependants, parents). Employees may not receive personal calls on the client's telephone nor give out the client's telephone number. In the case of urgent personal calls to the employee, messages will be taken by the Employer and passed on to the employee as soon as possible. In the event of an emergency, the employee shall use the client's telephone to contact the appropriate authorities or the contact person designated by the Employer.
(4) Health and Safety - Health and safety factors must be considered in the selection of sleeping accommodations. The employee must be provided with appropriate, clean and private sleeping spaces.
(5) Safety of Employee and Client - The Employer is responsible for providing a safe working environment for employees. Where possible, an initial safety inspection should be done of the environment (including equipment) prior to placement of the employee.
The Employer may establish regular float positions which are consecutive hour shifts.
(a) "Overtime" means work performed in excess of the normal daily full shift hours or weekly full shift hours outlined in Article 14.2 (Hours of Work) and Article 15 (Hours of Work and Scheduling- Community Health Workers).
(b) "Straight-time rate" means the hourly rate of pay.
(c) "Time and one-half" means one and one-half times the straight-time pay.
(d) "Double-time" means two times the straight-time rate.
(a) Employees requested to work in excess of the normal daily full shift hours as outlined in Article 14.2 (Hours of Work), or after eight hours in a day or 40 hours in a week for CHWs excluding live-in and overnight shifts, or who are requested to work on their scheduled off-duty days, shall be paid the rate of time and one-half of their basic hourly rate of pay for the first two hours of overtime on a scheduled workday and double-time thereafter or on a day of rest.
(b) The Employer and the Union recognize that the nature of the work carried out by employees in some classifications is such that it may not be possible for the employee to obtain prior authorization for the necessary overtime work. In order to facilitate a fair and reasonable administration of this clause, the Employer will draw up a policy defining the circumstances under which employees working
in specific positions may undertake overtime work without prior authorization. A copy of the policy will be provided to the Union.
Employees required to work on a scheduled day off shall receive the overtime rate as provided but shall not have the day off rescheduled.
If an employee works overtime on a paid holiday which calls for a premium rate of pay as provided at Article 17 (Paid Holidays), the employee shall be paid overtime at the rate of time and one-half times the premium statutory holiday rate for all hours worked beyond the normal daily full shift hours.
Overtime pay shall be paid to the employee on the next paycheque after the expiration of the pay period in which the overtime was earned except as provided in Article 16.6 (Compensating Time Off) below.
At the time an employee is required or requested to work overtime, the employee may opt for compensating time off at the applicable overtime rate in lieu of overtime pay. If an employee opts for compensating time off in lieu of overtime pay, the time shall be taken at a time mutually agreed to by the employee and the Employer and shall be taken within 24 calendar weeks of the occurrence of the overtime. The Employer will make a reasonable effort to allow time off when requested by the employee. If such time off is not taken by the end of the 24 week period, overtime at the applicable overtime rate shall be paid on the employee's next regular paycheque.
An employee who works two and one-half hours of overtime immediately before or following his/her scheduled hours of work shall receive a meal allowance of seven dollars. One-half hour with pay shall be allowed the employee in order that he/she may take a meal break either at or adjacent to his/her place of work.
(a) This clause shall not apply to part-time employees until the requirements of Article 16.9 (Overtime for Part-Time Employees) have been met.
(b) In the case of an employee called out on overtime to work on a rest day, this clause will apply only to hours worked outside his/her regular shift times or period of availability for a normal workday.
When an employee is requested to work overtime on a scheduled workday or on a scheduled day off, the employee may decline to work such overtime. Only in cases of emergency may an employee be required to work overtime.
(a) A part-time employee working less than the normal hours per day of a full-time employee, and who is requested to work longer than his/her regularly scheduled workdays, shall be paid at the rate of straight-time for the hours so worked, up to and including the normal hours in the workday of a full-time employee.
(b) A part-time employee working less than the normal days per week of a full-time employee, and who is requested to work other than his/her regularly scheduled workdays, shall be paid at the rate of
straight-time for the days so worked up to and including the normal workdays in the workweek of a full-time employee.
(c) Overtime rates shall apply to hours worked in excess of (a) and (b) above.
(d) Article 16.9 (Overtime for Part-Time Employees) shall not apply to Community Health Workers.
An employee required to work overtime adjoining his/her regularly scheduled shift shall be entitled to eight clear hours between the end of the overtime work and the start of his/her next regular shift. If eight clear hours of time off are not provided, overtime rates shall apply to all hours worked on the next regular shift.
Employees called back to work on their regular time off shall receive a minimum of two hours overtime pay at the applicable overtime rate, or shall be paid at the applicable overtime rate for the time worked, whichever is greater.
These employees shall receive a transportation allowance based on the cost of taking a taxi from their home to the Employer's place of business and return or, if the employee normally drives his/her automobile to work the allowance in Article 27.10 (Vehicle Allowance) from the employee's home to the Employer's place of business and return. The minimum allowance shall be four dollars.
(a) The following have been designated as paid holidays:
New Year's Day British Columbia Day
Family Day Labour Day
Good Friday Thanksgiving Day
Easter Monday Remembrance Day
Victoria Day Christmas Day
Canada Day Boxing Day
(b) Any other holiday proclaimed as a holiday by the federal government or the government of the Province of British Columbia shall also be a paid holiday.
For an employee whose workweek is from Monday to Friday, and when any of the above-noted holidays falls on a Saturday and is not proclaimed as being observed on some other day, the following Monday shall be deemed to be the holiday for the purpose of this Agreement; when a holiday falls on a Sunday and it is not proclaimed as being observed on some other day, the following Monday (or Tuesday, where the preceding section already applies to the Monday), shall be deemed to be the holiday for the purpose of this Agreement.
(a) When a paid holiday falls on a regular full-time employee's day of rest, the employee shall be entitled to a day off with pay in lieu of the holiday.
(b) If a regular full-time employee is called in to work on the day designated as the lieu day pursuant to (a) above, he/she shall be compensated at time and one-half for all hours worked.
An employee who is required to work on a designated holiday shall be compensated at time and one-half. Regular full-time employees shall also receive an additional day off in lieu of the holiday.
Where an employee is on vacation leave and a day of paid holiday falls within that period, the paid holiday shall not count as a day of vacation.
Regular part-time employees shall receive four point six percent of straight-time pay instead of a day off with pay.
(a) The Employer agrees to make every effort to schedule either Christmas Day or New Year's Day off for employees so requesting. Employees shall indicate their preference in writing on or before November 15th each year and the Employer shall respond in writing on or before December 1st each year.
(b) Employees who are members of non-Christian religions are entitled to up to two days’ leave of absence without pay per calendar year to observe spiritual or holy days. Such leave shall not be unreasonably withheld. Employees may use banked overtime, or vacation.
Every effort will be made to schedule days off in lieu of holidays as additions to the employee's regular days off, except where the employee and the Employer otherwise agree.
Employees classified as regular Community Health Workers will receive four point six percent of straight-time pay in lieu of paid holidays.
All employees shall be credited for and granted vacations earned up to July 1st of each year, on the following basis:
(a) New employees who have been continuously employed at least six months prior to July 1st will receive vacation time based on total completed calendar months employed to July 1st.
New employees who have not been employed six months prior to July 1st will receive a partial vacation after six months’ service based on the total completed calendar months employed to July 1st.
(b) Employees with one or more years of continuous service shall earn the following vacation with pay:
one to four years continuous service 15 workdays of vacation, based on six percent
of straight-time pay;
five to nine years continuous service .................. 20 workdays of vacation, based on eight
percent of straight-time pay;
10 to 14 years continuous service ....................... 25 workdays of vacation, based on 10% of
15 to 19 years continuous service ....................... 30 workdays of vacation, based on 12% of
20 or more years continuous service................... 35 workdays of vacation, based on 14% of
Effective July 1, 2013, the following changes shall be made to annual vacation entitlements:
Years of Continuous Service
Workdays of Vacation
Percent of Straight-Time Pay
One to four
Six to nine
11 to 14
16 to 19
21 or more
This provision applies when the qualifying date occurs before July 1st in each year.
No current employee will have his/her vacation reduced as a result of implementation of this provision.
(c) The pay associated with the above annual vacation entitlement is to be calculated as a percentage of the regular employee's total straight-time paid wages during the accrual year (July 1st – June 30th).
(d) Except where the Employer’s current practice provides for employees to access annual vacation in excess of earned credits or where the Employer agrees to adopt such a practice under this Agreement, employees shall not be entitled to access annual vacation in excess of earned credits.
The choice of vacation periods shall be granted to employees on the basis of seniority with the Employer except where the period requested would be detrimental to the operation of the Employer.
Annual vacation for employees with 10 days’ vacation or more shall be granted in one continuous period but may, upon request from the employee, be divided, subject to the approval of the Employer, provided that the following shall apply:
(a) the Employer's approval shall not be unreasonably withheld, taking into consideration the operational requirements of the department; and
(b) at least one block of vacation shall be at least five days in duration.
Employees wishing to split their vacations shall exercise seniority rights in the choice of the first vacation period. Seniority shall prevail in the choice of the second vacation period, but only after all other "first" vacation periods have been approved. Seniority shall also prevail in the choice of each subsequent vacation period, but only after each previous vacation period has been approved.
Annual vacations for employees with less than 10 workdays’ vacation shall be granted in one continuous period.
Changes requested in selected vacation periods for bereavement reasons shall be given careful consideration. Such changes shall not affect the selected vacation periods of other employees.
Vacation schedules, once approved by the Employer, shall not be changed other than in cases of emergency, except by mutual agreement between the employee and the Employer.
Upon receipt of 14 days’ written notice, the Employer shall pay to the employee, on the payday immediately prior to the commencement of his/her vacation, an amount equivalent to his/her vacation being taken, up to the amount of vacation pay earned.
(a) An employee may carry over up to five days’ vacation leave per vacation year except that such vacation carryover shall not exceed 10 days at any time. All vacation time not requested for scheduling or carryover by three months prior to the end of the vacation year will be scheduled by the Employer following consultation with the employee.
(b) A single vacation period which overlaps the end of a vacation year shall be considered as vacation for the vacation year in which it commenced. The portion of vacation taken subsequent to but adjoining the end of the vacation year shall not be considered as vacation carryover, nor as a seniority choice for the subsequent vacation year.
(c) Vacation time shall not be cumulative from calendar year to calendar year for employees whose vacation entitlement is equal to or greater than the vacation entitlement set out in the Health Services and Support - Facilities Subsector Collective Agreement.
Employees dismissed for cause shall be paid their unused earned vacation allowance pursuant to Article 18.1 (Annual Vacation Entitlement).
In the event an employee is sick or injured prior to the commencement of his/her vacation, such employee shall be granted sick leave and the vacation period so displaced shall be added to the vacation period if requested by the employee and by mutual agreement, or shall be reinstated for use at a later date.
(a) Employees who have commenced their annual vacation shall not be called back to work, except in cases of extreme emergency.
(b) When, during any vacation period, an employee is recalled to duty, he/she shall be reimbursed for all reasonable expenses incurred by himself/herself, in proceeding to his/her place of duty and in returning to the place from which he/she was recalled upon resumption of vacation, upon submission of receipts to the Employer.
(c) Time necessary for travel in returning to his/her place of duty and returning again to the place from which he/she was recalled shall not be counted against his/her remaining vacation time.
Earned but unused vacation entitlement shall be made payable, upon an employee's death, to the employee's estate.
Leave of absence without loss of pay, seniority and all benefits shall be granted to employees whenever the Employer requests, in writing, that the employee take designated courses and/or examinations. The cost of the course and/or any examination fee and reasonable expenses incurred in taking the course and/or examination shall be paid by the Employer.
(a) Employees scheduled by the Employer to attend in-service education seminars or an on-line course on other than a scheduled day off shall receive straight-time wages for all hours in attendance at the seminar/course.
(b) Employees required by the Employer to attend in-service education seminars or an on-line course on a scheduled day off shall receive compensation for all hours in attendance at the seminar/course in accordance with Articles 14 (Hours of Work and Scheduling), 15 (Hours of Work and Scheduling-Community Health Workers), and 16 (Overtime).
After three years’ continuous service, an employee may request an unpaid leave of absence to take educational courses relating to health service delivery subject to the following provisions:
(a) The employee shall give the longest possible advance notice in writing. Where an employee requests an unpaid leave of absence in excess of four calendar months, such employee shall make every effort to give six calendar months’ advance notice in writing of such request.
(b) Every effort shall be made by the Employer to comply with such requests, providing that replacements to ensure proper operation of the Employer can be found.
(c) The Employer shall provide written reasons for the denial of leave pursuant to (a) above.
(d) Employees shall retain earned seniority and benefits, but shall not accumulate any during the leave. Upon return to work, an employee shall be placed in his/her former position or an equivalent position. Where such a position does not exist, the employee shall be entitled to exercise their rights in accordance with Article 13 (Labour Adjustment and Technological Change).
The parties agree that exchange programs between employers will be encouraged. Where practical, employees will be given the opportunity to participate in exchange programs at full pay and allowances. No such exchange will take place without a written agreement with the union(s) and the employers involved.
Definition of immediate family for Article 20 (Special and Other Leave):
is an employee's parent, stepparent, spouse, common-law spouse, grandparent, grandchild, child, stepchild, brother, sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, legal guardian, legal
xxxx, and any other relative permanently residing in the employee's household or with whom the employee permanently resides.
(a) In the case of bereavement in the immediate family, an employee not on leave of absence without pay shall be entitled to special leave, at her/his regular rate of pay, from the date of death to and including the day of the funeral with, if necessary, an allowance for immediate return travelling time. At the employee's option this leave, in whole or in part, may be made available for a final visit to a terminally ill immediate family member. Bereavement leave shall not exceed three working days.
In the event of the death of the employee's brother-in-law, sister-in-law, the employee shall be entitled to special leave for one day for the purpose of attending the funeral.
(b) If an employee is on vacation leave at the time of bereavement, the employee shall be granted bereavement leave and be credited the appropriate number of days to vacation leave credits.
(c) Every effort will be made to grant additional bereavement leave of absence without pay if requested by the employee.
(a) Regular employees who are required to serve as jurors or witnesses in any court provided such court action is not occasioned by the employee's private affairs, shall be granted leave of absence without loss of pay and benefits equal to the length of the court duty.
(b) An employee in receipt of his/her regular earnings while serving at a court shall remit to the Employer all monies paid to him/her by the court, except travelling and meal allowances not reimbursed by the Employer.
(c) In cases where an employee's private affairs require a court appearance, the Employer shall grant the employee leave of absence without pay to attend at court.
(a) A regular employee shall earn special leave credits with pay up to a maximum of 25 days (i.e., 187½ hours for Employers where the full-time workweek is 37½ hours per week) at the rate of one-half day (i.e., 3.75 hours for Employers where the full-time workweek is 37½ hours per week) every four weeks (i.e., 150 hours for Employers where the full-time workweek is 37½ hours per week).
(b) Employees covered by collective agreements with an annual entitlement for special leave shall have that entitlement credited to the bank and shall accumulate in accordance with (a) thereafter.
Special leave credits may be used for the following purposes:
(1) marriage - five days;
(2) paternity - one day;
(3) serious household or domestic emergency including illness in the immediate family of an employee, and when no one at the employee's home other than the employee can provide for the care of the ill immediate family member - up to two days at any one time;
(4) leave of one day may be added to three days’ bereavement leave;
(5) leave of three days may be taken for travel associated with bereavement leave;
(6) adoption leave - one day.
Effective April 1, 2010, an employee will be granted a compassionate care leave of absence in accordance with the Employment Standards Act without pay for up to eight weeks to care for a gravely ill family member. In order to be eligible for this leave, the employee must provide a medical certificate as proof that the ill family member needs care or support and is at risk of dying within 26 weeks.
A regular employee who is granted a compassionate care leave of absence to care for a gravely ill family member shall be entitled to the benefits as follows:
(a) The eligible employee’s BC medical, dental plan, extended health plan, LTD and group life insurance benefits coverage will continue for the duration of the compassionate care leave, to a maximum of eight weeks.
(b) Where an employee elects to buy back pensionable service for part or all of the duration of the compassionate care leave, to a maximum of eight weeks, the Employer will pay the Employer portion of the pension contribution in accordance with the Pension Plan regulations.
(c) Compassionate care leave, up to a maximum of eight weeks, shall be treated as continuous employment for the purposes of seniority accrual under this Agreement.
(d) An employee who owns a regular position and returns to work following a leave granted under this provision shall be returned to the regular position providing the position still exists.
Subject to operational requirements, the Employer may grant a leave of absence without pay to an employee requesting such leave. Request for such leave shall be in writing with at least two weeks’ notice, except in cases of emergency. The Employer shall make every reasonable effort to respond within two weeks and approval for such leave shall not be unreasonably withheld.
Benefits will not be earned or accrued when an unpaid leave of absence or an accumulation of unpaid leaves of absence exceeds 20 workdays in a calendar year. Time off pursuant to Article 2.10 (Time Off for Union Business) shall not be taken into consideration. Employees may maintain coverage for health care plans provided in this Agreement by paying the employee's and the Employer's share of the premiums for such coverage in advance of the unpaid leave of absence.
The Employer shall grant, on written request, leave of absence without pay and without gain or loss of seniority:
(a) for employees to seek election in a municipal, provincial, or federal election for a maximum period of 90 days;
(b) for employees elected to a public office for a maximum period of five years.
(a) An employee is entitled to a maternity leave of absence from work, without pay, for a period of 17 consecutive weeks or a shorter period requested by the employee.
(b) An employee shall notify the Employer in writing of the estimated date of birth. The employee will make every reasonable effort to give at least four weeks’ notice prior to the date the employee proposes to commence leave. The Employer may require the employee to provide a certificate from a medical practitioner stating the employee is pregnant and estimating the probable date of birth.
(c) Regardless of the date of commencement of the leave of absence taken under subsection (a), the leave shall not end before the expiration of six weeks following the actual date of birth unless the employee requests a shorter period.
(d) A request for shorter period under subsection (c) must be given in writing to the Employer at least one week before the date that the employee indicates she intends to return to work, and the employee must furnish the Employer with a certificate of a physician stating that the employee is able to resume work.
(e) If an employee's pregnancy is terminated before a leave request is made under subsection (a), the Employer, upon request, shall grant the employee a leave of absence from work without pay for a period of six consecutive weeks. The employee may be required to supply a certificate of a medical practitioner verifying termination of the pregnancy. Leave under this clause shall commence on the specified date noted by the medical practitioner.
(f) If an employee is unable to return to work following a leave of absence granted under either subsection (a) or subsection (e) preceding, the Employer upon request shall grant to the employee a leave of absence extension not to exceed a total of six consecutive weeks further. To qualify, the employee must supply a certificate of a medical practitioner verifying the necessity of the leave.
(a) Upon written request an employee shall be entitled to parental leave of up to 37 consecutive weeks (or 35 consecutive weeks in the case of a birth mother who takes leave under Article 21.1 (Maternity Leave)) without pay.
(b) Where both parents are employees of the Employer, the employees shall determine the apportionment of the 37 weeks’ (or 35 weeks in the case of a birth mother who has taken leave under Article 21.1 (Maternity Leave)) parental leave between them.
(c) An employee shall give four weeks’ notice prior to the proposed date of commencement of such leave. The Employer may require the employee to provide a certificate from a medical practitioner stating the date of birth or the probable date of birth if a certificate has not been provided under Article 21.1(b) (Maternity Leave). In the case of adoption the employee shall also provide a letter from the agency that placed the child providing evidence of the adoption.
(d) Parental leave shall commence:
(1) in the case of a mother, immediately following the end of the maternity leave taken under Article 21.1 (Maternity Leave), unless the Employer and the employee agree otherwise;
(2) in the case of the "other parent" following the birth of the child and within the 52 week period after the birth date. The "other parent" is defined as the father of the child and/or spouse of the mother, including common-law spouse as defined in Definition No. 9;
(3) in the case of an adopting parent, following the adoption of the child and within the 52 week period after the date the adopted child comes into the actual care and custody of the parent.
(e) If the child has a physical, psychological or emotional condition requiring an additional period of parental care as certified by a physician, the employee is entitled to up to five additional weeks of unpaid leave, beginning immediately after the end of the parental leave.
An employee's combined entitlement to leave under Article 21.1 (Maternity Leave) and Article 21.2 (Parental Leave) is limited to 52 weeks plus any additional entitlements provided under Article 21.1(f) (Maternity Leave) and/or Article 21.2(e) (Parental Leave) preceding.
The service of an employee who is absent from work in accordance with this article shall be considered continuous for the purpose of Articles 18 (Vacation Entitlement) and 25 (Health Care Plans). The Employer shall continue to make payments to Health and Welfare Plans, in the same manner as if the employee were not absent where the employee elects to pay his or her share of the cost of the plans.
(a) An employee who resumes employment on the expiration of the leave of absence granted in accordance with this article shall be reinstated in all respects by the Employer in the position previously occupied by the employee and with all increments to wages and benefits to which the employee would have been entitled had the leave not been taken, or, if the position no longer exists, the employee may exercise his/her rights in accordance with Article 13 (Labour Adjustment and Technological Change).
(b) Where the Employer has suspended or discontinued operations during the leave of absence granted under this article and has not resumed operations during the leave of absence, the Employer shall, on resumption of operations and subject to seniority provisions in this Agreement, comply with Subsection (a).
The Employer and employees recognize the need for a safe and healthful workplace and agree to take appropriate measures in order that risks of accidents and/or occupational disease are reduced and/or eliminated.
The Employer and the Union agree to cooperate in the promotion of safe working conditions, the prevention of accidents, the prevention of workplace injuries and industrial diseases and the promotion of safe working practices.
There shall be full compliance with all applicable statutes and regulations pertaining to the working environment.
The Employer shall provide employees with information in its possession regarding a client, resident or client's home which is necessary for the employee to safely carry out his/her duties.
(a) The parties agree that a joint occupational health and safety committee will be established. The Committee shall govern itself in accordance with the provisions of the Occupational Health and Safety Regulations made pursuant to the Workers Compensation Act. The Committee shall be between the
Employer and the Union, with equal representation, and with each party appointing its own representatives.
The Union agrees to actively pursue with the other Health Care Unions, where more than one union is certified with the Employer, a joint union/employer committee for the purposes of the Occupational Health and Safety Regulations.
(b) Employees who are members of the Committee shall be granted leave without loss of pay or receive straight-time regular wages while attending meetings of the Joint Committee. Employees who are members of the Committee shall be granted leave without loss of pay or receive straight-time regular wages to participate in joint workplace inspections and joint accident investigations at the request of the Committee pursuant to the WCB Occupational Health and Safety Regulations. Committee meetings, workplace inspections and accident investigations shall be scheduled during normal working hours whenever practicable.
(c) The Occupational Health and Safety Committee shall have as part of its mandate the jurisdiction to receive complaints or concerns regarding workload problems which are safety-related, the right to investigate such complaints, the right to define the problem and the right to make recommendations for a solution. Where the Committee determines that a safety-related workload problem exists, it shall inform the Employer. Within 21 days thereafter, the Employer shall advise the Committee what steps it has taken or proposes to take to rectify the safety-related workload problem identified by the Committee. If the Union is not satisfied with the Employer's response, it may refer the matter to the Industry Trouble shooter for a written recommendation.
(d) No employee shall be disciplined for refusal to work when excused by the provisions of the
Workers Compensation Act or regulations.
(e) The Occupational Health and Safety Committee may use the resources of the Workers' Compensation Board and/or other sources to provide information to the committee members in relation to their role and responsibilities. The Committee will assist in increasing the awareness of all staff on such topics as: workplace safety, safe lifting techniques, dealing with aggressive clients/residents, WHMIS and the role and function of the Occupational Health and Safety Committee. The Committee will assist in fostering knowledge and compliance with the Occupational Health and Safety Regulations by all staff.
(f) The Employer, in consultation with the Occupational Health and Safety Committee, shall institute a written procedure for checking the well-being of employees assigned to work alone or in isolation under conditions which present a risk of disabling injury, if the employee might not be able to secure assistance in the event of injury or other misfortune. This procedure will be reviewed by the Committee as it deems necessary.
(g) The Employer will provide orientation or in-service which is necessary for the safe performance of work, the safe use of equipment, safe techniques for lifting and supporting clients/residents and the safe handling of materials and products. The Employer will also make readily available information, manuals and procedures for these purposes. The Employer will provide appropriate safety clothing and equipment.
The Employer will promote processes that provide the most effective ways to safely perform work. These processes will include consideration of safety measures such as timely risk assessment tools, environmental ergonomic adjustments, care design and redesign for clients, sufficient staffing, and in-services/team meetings. The Occupational Health and Safety Committee shall have as part of its mandate the jurisdiction to make recommendations on these measures, supported by available resources (e.g., from WCB).
(h) The Occupational Health and Safety Committee may make recommendations on ergonomic adjustments and on measures to protect pregnant employees as far as occupational health and safety matters are concerned.
(a) Aggressive behaviour means the attempted or actual exercise by a person, other than an employee, of any physical force so as to cause injury to an employee, and includes any threatening statement or behaviour which gives an employee reasonable cause to believe that the employee is at risk of injury.
(b) When the Employer is aware that a client/resident has a history of aggressive behaviour, the Employer shall provide employees with information in its possession regarding a client or resident which is necessary for the employee to safely carry out his/her duties. Upon admission, transfer or assignment the Employer will make every reasonable effort to identify the potential for aggressive behaviour.
(c) Where employees may be at risk from aggressive behaviour, in-service and/or instruction on how to respond to aggressive behaviour will be provided by the Employer. The Occupational Health and Safety Committee shall be consulted on the curriculum. Where a risk of injury to employees from violence is identified in accordance with Section 4.28 of the Protection of Workers from Violence in the Workplace Regulations, the Employer will, in consultation with the Committee, establish appropriate physical and procedural measures to eliminate or, where that is not possible, minimize risk. The Employer shall make every reasonable effort to ensure that sufficient staff are present when any such treatment or care is provided. It is understood that this provision is at no cost to the Employer.
(d) Critical incident stress defusing shall be made available and known to employees who have suffered a serious work related traumatic incident. Leave to attend such a session will be without loss of pay.
(a) The Employer agrees to take all reasonable precautions to limit the spread of infectious diseases among employees, including in-service seminars for employees. Where the Employer or Occupational Health and Safety Committee identifies high risk areas which expose employees to infectious or communicable diseases for which there are protective immunizations available, such immunizations shall be provided at no cost to the employee. The Committee may consult with the Medical Health Officer. Where the Medical Health Officer identifies such a risk, the immunization shall also be provided at no cost. The Employer shall provide Hepatitis B vaccine, free of charge, to those employees who may be exposed to bodily fluids or other sources of infection.
(b) An employee may be required by the Employer, at the request of and at the expense of the Employer, to take a medical examination by a physician of the employee's choice. Employees may be required to take skin tests, x-ray examination, vaccination, and other immunization (with the exception of a rubella vaccination when the employee is of the opinion that a pregnancy is possible), unless the employee's physician has advised in writing that such a procedure may have an adverse effect on the employee's health.
The Employer shall ensure that any new office equipment or facility required for use in conjunction with VDTs shall meet the standards recommended by the Workers' Compensation Board.
Transportation to the nearest physician or hospital and return transportation to the worksite or the employee's residence for employees requiring medical care as a result of an on-the-job accident shall be at the expense of the Employer. Return transportation to the employee's home shall not be provided by the Employer where someone at the employee's home can reasonably provide such transportation.
(a) An employee who is injured on the job during working hours and is required to leave for treatment or is sent home for such injury shall receive payment for the remainder of his/her scheduled and assigned hours on that day provided the injury results in the employee being approved for a Workers’ Compensation Board claim.
(b) Employees eligible for sick leave coverage pursuant to Article 28 (Sick Leave) shall have the option to access such coverage for the first day of absence due to injury. Where an employee is subsequently approved for a WCB claim for the same injury, the sick leave credits paid for the first day of injury shall be reinstated to the employee.
(a) Except in the case of a vehicle accident occurring on a public street or highway, the Employer must immediately initiate an investigation into the cause of every accident which resulted in injury requiring medical treatment by a medical practitioner or had a potential for causing serious injury.
(b) Accident investigations must be carried out by persons knowledgeable of the type of work involved and, if feasible, include the participation of one union occupational health and safety committee member or, if not available, a union xxxxxxx, and one employer representative.
(c) Copies of the accident investigation reports must be forwarded without undue delay to the Occupational Health and Safety Committee.
(d) In the event of a work related employee fatality, the Employer shall notify the union designate of the nature and circumstances of the accident as soon as possible.
Where employees are required to use their personal, or the Employer's, vehicle for work in isolated or areas with hazardous road conditions, and where there is agreement at the local level regarding the provision of an emergency travel kit, the Employer will provide such a kit. The Occupational Health and Safety Committee will make recommendations on the contents of the emergency kit.
The Employer shall ensure that an employee’s workload is not unsafe as a result of employee absence(s). Employees may refer safety related workload concerns to the Occupational Health and Safety Committee for investigation under Article 22.3 (Occupational Health and Safety Committee).
All more favourable rates or conditions contained in Memoranda of Agreement, except as they are amended by negotiations, shall be continued in the Collective Agreement.
Effective the start of the first full pay period after April 1st, 2006, all regular full-time employees on staff, and all other employees who meet the eligibility criteria referenced below, will be enrolled in the Plan, unless eligible employees signed a waiver as required by the implementation date (April 1, 2006). The waiver will be maintained on the employee’s personnel file.
For employees hired on or after April 1, 2006:
(a) Regular full-time employees shall be enrolled in the Municipal Pension Plan upon completion of their probationary period, and shall continue in the Plan as a condition of employment.
(b) Regular Community Health Workers in positions with of weekly posted hours of 35 to 40 shall be enrolled in the Municipal Pension Plan upon completion of their probationary period, and shall continue in the Plan as a condition of employment. For the purposes of this article only, such Community Health Workers will be deemed to be regular full-time employees.
(c) Regular part-time employees, regular Community Health Workers not deemed to be regular full-time, and casual employees shall be eligible for enrolment in the Municipal Pension Plan in accordance with the provisions of the Pension Benefits Standards Act and the Municipal Pension Plan Rules. The Rules currently provide that a person who has completed two years of continuous employment with earnings from an Employer of not less than 35% of the year’s maximum pensionable earnings in each of two consecutive calendar years shall be enrolled in the Plan. This Rule will not apply when an employee covered by this section completes and provides a written waiver to the Employer declining participation in the plan. The waiver will be maintained on the employee's personnel file.
The Employer shall pay 100% of the regular monthly premiums for eligible regular employees who have completed the probationary period, their spouse, and dependants for medical coverage under the BC Medical Plan.
(a) Employees shall be provided with a dental plan covering 100% of the costs of the basic plan (Plan A), 60% of the costs of the extended plan (Plan B) and 60% of the costs of the orthodontic plan (Plan C). An employee is eligible for orthodontic services under Plan C after 12 months’ participation in the plan. Orthodontic services are subject to a lifetime maximum payment of $2,750 per patient with no run-offs for claims after termination of employment.
(b) The dental plan shall cover employees, their spouses and children provided they are not enrolled in another comparable plan.
(c) The Employer shall pay 100% of the premium.
(d) The plan shall be comparable to the dental plan provided by the employers covered by the Facilities Subsector Agreement through the Healthcare Benefit Trust. (Refer to Information Appendix 1).
(a) The Employer shall pay the monthly premiums for extended health care coverage for employees and their families under the plan.
(b) There will be coverage for eyeglasses and hearing aids. The allowance for vision care will be $350 every 24 months and the allowance for hearing aids will be $600 every 48 months.
(c) The plan shall be comparable to the extended health plan provided by the employers covered by the Facilities Subsector Agreement through the Healthcare Benefit Trust. (Refer to Information Appendix 2 (Summary of HBT or another provider Coverage)).
(d) Effective April 1, 2013, dispensing fees will be capped at Pharmacare rates (January 2013 rate is $10).
(e) Effective April 1, 2013, each eligible employee will be provided with an EHC bluenet card (or equivalent).
(a) The Employer shall provide a group life insurance plan.
(b) The plan shall provide basic life insurance in the amount of $50,000 and standard 24 hour accidental death and dismemberment insurance. Coverage shall continue until termination of employment. On termination of employment (including retirement) coverage shall continue without premium payment for a period of 31 days during which time the conversion privilege may be exercised: that is, the individual covered may convert all or part of his/her group life insurance into any whole life, endowment or term life policy normally issued by the insurer and the insurer's standard rates at the time, without medical evidence.
(c) The Employer shall pay 100% of the premium.
An eligible dependant for the purposes of this article is one who is so classified for income tax purposes.
(a) The Employer shall provide a long-term disability insurance plan. An early intervention program will be implemented in accordance with Memorandum of Agreement #1 – Early Intervention Program.
(b) The plan shall cover post probationary employees and provide such employees with salary continuation until the age of 65 in the event of a disability.
(c) The plan shall be as provided in Appendix 2 (Long-Term Disability Insurance Plan).
(d) The Employer shall pay 100% of the premium.
Coverage under the provisions of this article shall apply to regular full-time and regular part-time employees who work 15 regular hours or more per week and shall commence on the first day of the calendar month immediately following the completion of the employee's probationary period.
All information on an employee health and welfare plan claim form will be kept confidential and used only for its intended purpose. Employees shall have the right to submit claim forms directly to the benefit provider/insurance carrier.
Employees must return to the Employer all employer property in their possession at the time of termination of employment. The Employer shall take such action as required to recover the value of articles which are not returned.
Upon submission of reasonable proof, where an employee's personal possessions (including an automobile) are damaged by a client, the Employer shall pay up to a maximum of $200 for the repair or replacement costs of the article(s), provided such article(s) are suitable for use while on duty.
All employers currently supplying tools to employees shall continue to supply tools to employees. All employers shall supply tools to employees upon the requirement of the employers that the employees provide tools calibrated to the metric scale. All employers shall replace tools upon satisfactory proof that they have been lost, broken, or stolen while being used in the work of the Employer with the knowledge and consent of the Employer and upon reasonable proof that reasonable precautions were taken by the employee to protect the tools against loss or theft.
The Employer shall supply and maintain uniforms and name tags (with first names only) for employees who are required to wear same.
The Employer shall supply suitable gloves or other protective clothing to employees required by the Employer to wear same and/or where the WCB requires the Employer to provide same.
(a) Employees will be paid in accordance with the Employer's current practices unless otherwise mutually agreed between the Employer and the Union at the local level or unless otherwise expressed in this article. Employees shall be paid by cheque or direct deposit.
(b) The statements given to employees shall include the designation of statutory holidays paid, the listing of all adjustments including overtime and promotions, the cumulative amount of sick leave credits earned, and an itemization of all deductions.
(c) Subject to paragraph (g) below, when a payday falls on a non-banking day, the pay and pay statement shall be given prior to the established payday.
(d) The Employer will make every reasonable effort to ensure that employees on evening shift paid by cheque shall receive their paycheques on the day immediately prior to payday.
(e) The Employer will make every reasonable effort to ensure that, employees on night shift paid by cheque shall receive their paycheques on the morning of payday at the conclusion of their shift.
(f) Employees paid by cheque whose day off coincides with payday shall be paid, as far as practicable on his/her working day preceding the payday provided the cheque is available at his/her place of work.
(g) Where an employer has implemented or intends to implement a system of direct payroll deposit, the Employer shall have the right to require all employees to participate in the pay direct system. The Employer will make every reasonable effort to accommodate employees with extenuating circumstances. Each employee shall choose the financial institution in Canada to which he/she wishes his/her pay to be deposited provided that the institution selected by the employee will accept a direct deposit and unreasonable administrative costs are not incurred. Where an employee identifies a monetary error in his/her pay, the Employer must provide payment within the next pay period or as soon as reasonably possibly, whichever is sooner.
An employee granted a temporary promotion, transfer or demotion shall return to his/her former job and pay rate without loss of seniority and accrued perquisites when the temporary promotion, transfer or demotion terminates.
(a) In the event of an employee relieving in a higher-rated job, the employee shall receive the next higher increment of the new position after not less than one workday, retroactive to the start of the relief period.
(b) In cases where an employee is required to transfer temporarily to a lower-rated job, such employee shall incur no reduction in wages because of such transfer.
(c) Employees temporarily assigned to the duties of supervisory personnel outside the bargaining unit shall receive, at a minimum, 10% per month more than the highest rate for his/her classification, or $100, or portion thereof, whichever is greater, if so employed for one or more workdays, retroactive to the start of the relief period. This shall not result in an employee receiving a higher hourly wage rate than the incumbent supervisor.
(d) Sections (a), (b), and (c) above shall not apply to employees relieving in a position classified as a Community Health Worker.
(a) Part (a) shall apply where a job has an increment structure based on hours of service.
A regular employee promoted to a job with a higher wage rate structure shall receive in the new job the increment rate that is immediately higher than his/her wage rate immediately prior to the promotion. Employee pay rates shall become effective from the first day in the new job and further increment increases shall be based on hours worked in the new job.
(b) Part (b) shall apply where a job has an increment structure based on calendar length of service.
A regular employee promoted to a job with a higher wage rate structure shall receive in the new job the increment rate that is immediately higher than his/her wage rate immediately prior to the promotion.
For increment progression, the employee's increment anniversary date shall then become the initial day in the new job. Employee pay rates shall become effective from the first day in the new job and further increment increases shall become effective on the established increment date.
However, should the promotion at any time result in a lesser rate of pay than the employee would have received if the promotion had not occurred, then the employee shall retain the increment anniversary date of his/her prior job.
(a) Part (a) shall apply where a job has an increment structure based on hours of service.
A regular employee transferred to a job with the same pay rate structure as his/her former job shall remain at the same increment step in the pay rate structure. Hours worked at the employee's present increment step in the former job shall be credited toward progression to the next increment step in the new job.
(b) Part (b) shall apply where a job has an increment structure based on calendar length of service.
A regular employee transferred to a job with the same pay rate structure as his/her former job shall remain at the same increment step in the pay rate structure and shall retain his/her former anniversary date.
An employee requesting a voluntary demotion from a higher to a lower-rated job, and who is subsequently demoted to the lower-rated job, shall go to the increment step of the lower-rated job commensurate with his/her overall seniority.
(a) Employees who have reached retirement age as prescribed under the Pension (Municipal) Act or the Pension (Public Service) Act and continue in the Employer's service, or are re-engaged within three calendar months of retirement, shall continue at their former increment step in the pay rate structure of the classification in which they are employed. All perquisites earned up to the date of retirement shall be continued or reinstated.
(b) Where increment progression in the employee's position is based on hours of service, the employee shall maintain credit for hours worked in the present increment for the purpose of progression to the next step.
(c) Where increment progression in the employee's position is based on calendar length of service, the employee shall maintain his/her anniversary date.
Where an employee voluntarily leaves the Employer's service, or is dismissed for cause and is later re-engaged, seniority and all perquisites shall date only from the time of re-employment, according to regulations applying to new employees.
It is understood service with the Armed Forces of Canada in time of war or compulsory military service, or service with the Employer as a supervisory employee, does not constitute a break in the continuous service and shall not affect an employee's seniority rights.
An employee who uses his/her own motor vehicle to conduct business on behalf of and at the request of the Employer shall receive an allowance of 52 ¢ per kilometre effective April 1, 2013.
(a) The minimum allowance shall be four dollars.
(b) If the employee uses public transportation, the Employer shall reimburse the employee the cost of public transportation for all travel on the Employer's business.
(c) Employees who are required to operate a vehicle in the course of their duties are required to obtain insurance for Business Use (Rate Class 007) and at least $2,000,000 Third Party Legal Liability.
(d) Employees shall receive an advance equivalent to the difference between the coverage required by the Employer in (c) with four years' safe driver discount and the employees' Pleasure/To and From Work (Rate Class 002 or 003, whichever is applicable); $2,000,000 Third Party Legal Liability; four years’ safe driver discount, upon proof of insurance as required by the Employer.
(e) If an employee terminates employment during the employee's insurance year the Employer shall recover the appropriate prorated amount of the advance.
(f) Employees shall be reimbursed for the cost of any taxi or ferry transportation authorized by the Employer.
Employees on the Employer's business away from their worksite or out of their region with the approval of the Employer shall be entitled to reimbursement for meal expenses to the maximum set out below. This article shall not apply to employees who, on a day-to-basis, do not work in a fixed location.
The meal allowances will be as follows:
Breakfast $10.00 Lunch $11.75
Effective April 1, 2013, meal allowances will be as follows:
Breakfast $11.50 Lunch $13.25
An employee shall be reimbursed for reasonable out-of-pocket expenses that are incurred in the performance of his/her duties and of a type previously authorized by the Employer, as long as such costs are not addressed by specific allowances payable elsewhere under this Agreement.
Reasonable out-of-pocket expenses include parking charges, bridge and/or highway tolls necessarily incurred in the performance of the employees' duties.
(a) Except where there has been negligence on the part of an employee, the Employer will:
(1) exempt and save harmless employees from any liability action arising from the proper performance of his/her duties for the Employer; and
(2) assume reasonable costs, legal fees and other expenses arising from any such action.
(b) Where an employee is charged with an offence resulting directly from the proper performance of his/her duties and is subsequently not found guilty, the employee shall be reimbursed for reasonable legal fees.
(a) Employees shall be compensated as outlined in Schedule B (Wage Schedule).
(b) (1) An employee classified as a CHWII must hold the Provincial Home Support Certificate or a recognized post-secondary educational equivalent.
(2) An employee currently classified as a CHWII shall maintain their classification.
(3) An employee who was classified as a CHWII, pursuant to previous individual agency Memorandum of Agreement, shall continue to be covered by the provisions of the Memorandum.
(c) An employee classified as a CHWII shall be assigned to personal assistance clients, as assessed by the purchaser(s) of the service, and shall be paid the CHWII rate of pay for all hours worked in providing service to those clients.
Employees classified as a CHWII may opt to receive additional hours of work in the CHWI classification, pursuant to Article 15 (Hours of Work and Scheduling-Community Health Workers). Employees who exercise this option shall be paid the CHWI rate of pay immediately lower than the employee's CHWII rate for all hours worked in the CHWI classification.
(d) An employee classified as a CHWI shall be assigned to non-personal assistance clients, as assessed by the purchaser(s) of the service, and shall be paid for the CHWI rate of pay for all hours worked in providing service to those clients.
An employee classified as a CHWI may be trained to provide personal assistance service to a specific client, at the option of the Employer. In such cases, the employee shall be paid the CHWII rate of pay for all hours worked in providing service to that specific client.
When CHWI employees who have a home support certificate (or a recognized post-secondary equivalent) are assigned to personal assistance clients, they will be paid at the CHWII rate for all service to those clients on the following basis: at the first increment CHWII rate for CHWI employees who are the first and second increments, and the second increment CHWII rate for CHWI employees who are at the third increment.
(e) All hours paid by the Employer shall be taken into consideration for increment progression purposes.
Effective the first pay period after April 2, 2010, an employee shall be paid a weekend premium of 25¢ per hour for each hour worked between 00:01 hours Saturday and 24:00 hours Sunday.
The following sick leave provisions may be varied by mutual agreement between the Union and the Employer in the event further Employment Insurance premium reductions for eligible sick leave plans are attainable under the Employment Insurance Act.
Regular employees who have completed their probationary period shall accrue sick leave credits at the rate of six point nine percent to a maximum of 1,170 hours. Upon completion of their probationary period, an employee shall be credited with sick leave back to the employee's starting date. Upon request, an employee shall be advised in writing of the balance of his/her sick leave credits.
Sick leave with pay is only payable because of sickness and employees who are absent from duty because of sickness may be required to prove sickness. Failure to meet this requirement can be cause for disciplinary action. Repeated failure to meet this requirement can lead to dismissal. Employees must notify the Employer as promptly as possible of any absence from duty because of sickness and employees must notify the Employer prior to their return.
(a) Employees shall receive directly from the Workers' Compensation Board any wage loss benefits to which they may be entitled.
(b) While an employee is in receipt of WCB wage loss benefits, paid holidays, and vacation will not accrue. However unused vacation credits accrued in previous years shall not be lost as a result of this article. In addition, Article 25 (Health Care Plans) will continue to apply to employees who are entitled to receive WCB wage-loss benefits.
(c) The provisions of (b) shall also continue to apply to employees who are receiving WCB benefits other than wage-loss benefits pursuant to Sections 29 or 30 of the Workers Compensation Act, so long as the employee is otherwise entitled to benefits under those Sections of the Workers Compensation Act.
(d) Where an employee has been granted sick leave and is subsequently approved for WCB wage loss benefits for the same period, WCB shall reimburse the Employer for all monies paid as sick leave and any sick leave credits used shall be reinstated to the employee upon full repayment.
(e) Employees qualifying for Workers' Compensation coverage shall be continued on the payroll and shall not have their employment terminated during the compensable period. Such employees shall be considered as being on an unpaid leave in accordance with Article 20.5 (General Leave) except that seniority shall continue to accrue based on regular hours.
Sick leave pay shall be computed on the basis of scheduled workdays and all claims shall be paid on this basis.
Sick leave deductions shall be according to actual time off.
An employee must apply for sick leave pay to cover periods of actual time lost from work owing to sickness or accident.
Where medical and/or dental appointments cannot be scheduled outside the employee's working hours, sick leave with pay shall be granted.
Employees with more than one year's service who are off because of sickness or accident shall at the expiration of paid sick leave benefits, be continued on the payroll under the heading of leave of absence without pay for a period of not less than one month plus an additional one month for each additional three years of service, or proportion thereof, beyond the first year of service.
Further leave of absence without pay shall be granted upon written request provided that the request is reasonable. The Employer may require the employee to prove sickness or incapacity and provide a
medical opinion as to the expected date of return to work. The Employer's decision for further leave of absence without pay shall be in writing.
If no written report is received by the Employer by the end of the leave of absence without pay explaining the employee's condition, the employee's services shall be terminated.
Employees with less than one year's service who are off because of sickness or accident shall be continued on the payroll under the heading of leave of absence without pay for a period of seven workdays. Further leave of absence periods of seven workdays without pay may be granted upon written request. These written requests shall be acknowledged in writing. If no written report is received by the Employer within seven workdays from such an employee explaining his/her condition, he/she shall be removed from the payroll.
The Employer shall inform all employees at least once each year of the number of sick days accumulated and shall make the information available to an employee on request.
In the event that an employee is absent from duty because of illness or injury in respect of which wage loss benefits may be payable to the employee by the Insurance Corporation of British Columbia (ICBC), the liability of the Employer to pay sick pay shall rank after ICBC. Notwithstanding such liability, the Employer shall pay the employee such sick leave pay as would otherwise be payable under this Agreement. The employee shall not be obliged to take action against ICBC but the Employer shall be entitled to subrogate to the rights of the employee and to take whatever action may be appropriate against ICBC at any time after six months following the illness or injury, unless the employee first elects to take action on his/her own behalf. To the extent that the employee recovers monies as compensation for wages lost, the Employer shall be reimbursed any sick leave pay that it may have paid to the employee.
Where the Employer recovers monies from ICBC, the employee's sick leave credits shall be proportionately reinstated.
(a) Casual employees shall receive 10.2% of their straight-time pay in lieu of scheduled vacations and paid holidays. Effective the first pay after April 1, 2013, casual employees shall receive 9.6% of their straight-time pay in lieu of scheduled vacation and paid holidays.
(b) Casual employees serve probation and qualifying periods as per Article 12.10 (Probationary Period) and Article 12.11 (Qualifying Period).
(c) During the probationary period casual employees may be terminated for unsatisfactory service.
(d) Where a casual employee registers for work in a different classification the employee shall serve a qualifying period of 488 paid hours. During the qualifying period, casual employees may be returned to their previous classification for unsatisfactory service.
(e) Casual employees may be laid off from the casual list in reverse order of seniority where it becomes necessary to reduce the workforce due to economic circumstances. Laid off casual
employees shall retain their seniority for one year subject to which they shall be reinstated to the casual list in the order of their seniority when it becomes necessary to expand the workforce.
(a) Letter of Appointment/Minimum Hour Requirement
All casual employees shall receive a letter of appointment immediately upon recruitment clearly confirming their employment status and their classification. This letter shall also confirm the casual employee's days and times of availability for work of a casual nature.
The letter shall specify that in order for the casual employee to maintain employment, the casual employee shall work a minimum of 225 hours over any fixed 12 month period, or a lower minimum annual hours as determined by the Employer.
(b) By February 18, 2014, casual availability shall be confirmed for current employees and include a minimum hour requirement over any fixed 12 month period. Except where the Employer and the casual employee mutually agree otherwise, the update shall require that the casual employee work a minimum of 225 hours over any fixed 12 month period.
(c) Except where a casual employee can demonstrate bona fide reason(s), the casual employee shall be removed from the casual list and his/her employment will end, if he/she fails to work the identified minimum number of hours applicable to his/her in Article 29.2 (a) (Casual Availability). A casual employee shall be exempted from this requirement where the Employer has not offered the casual employee the minimum number of hours over the 12 month period.
(d) Mid-way through the 12 month period, a casual employee who has worked fewer than the minimum hours applicable under Article 29.2 (a) (Casual Availability) will be notified of the number of casual hours worked.
(e) General Availability
The commitment to general availability specified by the casual employee may be subject to revisions. Such revisions will occur once per year or, if mutually agreed between the Employer and the employee, on a more frequent basis, subject to operational requirements. When there are competing requests for revisions, the Employer will also apply seniority. Should a casual employee wish to increase his/her general availability he/she may do so at any time. The Employer will issue a revised letter of appointment to reflect approved changes to an employee's general availability. The Employer shall not unreasonably deny a request for change of availability.
(f) Temporary Increases in Availability
A casual employee may increase his/her availability, on a temporary basis, at any time throughout the year. The Employer shall not be required to provide a revised letter of appointment for temporary increases to an employee's availability.
(g) Short-Term Unavailability
Notwithstanding the above, casual employees shall provide monthly availability schedules in writing to the Employer no less than 14 days prior to the start of the month, indicating the days and times when they are not available. The Employer shall not refuse employees' requests for unavailability (subject to the paragraphs that follow) and shall not be obliged to call casual employees for those days and times on which they have indicated unavailability. Casual employees may revoke, in writing, their stated unavailability for the month, to be effective commencing three days after notification is received by the Employer.
If the employee's monthly availability over a three-month period (excluding June, July, August and spring break or Christmas break) is inconsistent with the availability specified in the employee's letter of appointment, the Employer and the Union shall meet to discuss the bona fides of the inconsistencies.
During June, July, and August, a casual employee's monthly availability shall be consistent with his/her letter of appointment, approved current availability, or approved periods of unavailability. Approved periods of unavailability shall not exceed five weeks during this three-month period. Approved periods of unavailability shall be granted on the basis of seniority.
A casual employee’s availability during either spring break or Christmas break shall be consistent with his/her letter of appointment, or approved current availability. Requests for periods of unavailability will be considered by the Employer after regular employees’ vacation periods are finalized. As such, approval of regular employees’ vacation periods shall take priority over approval of casual employees’ periods of unavailability.
(a) Casual employees shall be called in to work in the order of their seniority provided that they are registered to work in a job classification applicable to the work required to be done. A casual employee shall be entitled to register for work in any job classification in a single department for which the employee meets the requirements of the job based on the factors in Article 12.9 (Selection Criteria). No casual employee shall be registered in more than one department except where the Employer and the Union otherwise agree in good faith.
Note: The parties concur that the application of departments in some employers may not be practical. Employers will establish departments in good faith based on operational needs and not to circumvent the spirit of this clause.
Casual employees scheduled in accordance with Article 15 (Hours of Work and Scheduling-Community Health Workers) shall be called in to work in the order of their seniority, subject to ability to meet specific client needs, skills, experience and geographic location, and provided that they are registered to work in a job classification applicable to the work required to be done. A casual employee shall be entitled to register for work in any job classification for which the employee meets the requirements of the job based on the factors in Article 12.9 (Selection Criteria).
(b) Where it appears that the regular employee whose position is being filled by a casual employee will not return to his/her position within four months, that position shall be posted and filled pursuant to the provisions of Article 12.1(a) (Job Postings and Applications).
(c) A casual employee who is appointed to fill a position under (b) above may only become a regular employee by successfully bidding into a permanent vacancy pursuant to Article 12 (Job Postings). Upon completion of an assignment a casual employee shall revert to the casual list.
(d) The manner in which casual employees shall be called to work shall be as follows:
(1) The Employer shall maintain both (a) a master casual seniority list which shall include all casual employees employed by the Employer listed in descending order of their seniority; and (b) a classification registry for each job classification in which casual employees may be used. Each classification registry shall list those casual employees who have been qualified to work in that job classification in descending order of hours worked.
(2) (i) The Employer shall call by telephone only those casual employees who are registered in the classification registry applicable to the work required to be done at a number provided by the employee. The Employer shall commence by calling the most
senior employee in the classification registry. Only one call need be made to any one casual employee provided that the telephone shall be permitted to ring a minimum of eight times.
(ii) Notwithstanding (i) above, the Employer may require casual employees scheduled in accordance with Article 15 (Hours of Work and Scheduling-Community Health Workers) to contact the Employer's voice mail system once per day in accordance with Article 15.4(k) (Scheduling of Hours). Where the Employer leaves a message for a casual employee on the voice mail system regarding an assignment, the Employer may not make further calls under Article 29.3(a) (Call-in Procedure) unless the employee declines the assignment or does not provide the Employer with a response before the designated time for response on the next day.
(iii) By mutual written agreement between the Employer and the union designate, an employee may be contacted by alternate means of communication. Where the Employer and the union designate execute such an agreement, the Agreement will also address the amount of time the employee will have in which to respond to call.
(3) All such calls shall be recorded in a log maintained for the purpose which shall show the name of the employee called, the time of vacancy, the time that the call was made, the job required to be done, whether the employee accepts or declines the invitation to work or fails to answer the telephone, and the signature (or name if computerized) of the person who made the call. In the event of a dispute, the Union shall have reasonable access to the log and shall be entitled to make copies. This clause does not apply to casual employees scheduled in accordance with Article 15 (Hours of Work and Scheduling-Community Health Workers).
(4) If the casual employee who is being called fails to answer or declines the invitation to work, the Employer shall then call the next most senior employee registered in that job classification and so on until a casual employee is found who is ready, willing and able to work.
(5) Upon request, the Employer shall provide the Union with the schedule worked by casual employees scheduled in accordance with Article 15 (Hours of Work and Scheduling-Community Health Workers) specifying daily hours, the specific client service times and type of assignment (i.e., CHWI or CHWII).
(e) Effective April 1, 2013, an employer may utilize alternate methods for the call-in of casual work, provided that:
• The call-in of work shall reflect the principles associated with Article 29.3 (a) (Call-in Procedure).
• If the alternate methods provide for multiple means for contacting employees (eg. email, text, pager, etc.), the employee shall be entitled to select his/her preferred means of contact, with the Employer keeping a record of the employee's selection.
• If the alternate method provides for only a single means for contacting employees, the employee shall be entitled to elect the process outlined in Article 29.3 (d) (1) and (2) (Call-in Procedure).
• Any such alternate methods shall track the information required by Article 29.3(d)(3) (Call-in Procedure).
• Where technology is used as an alternate method for the assignment of casual work, employees at work will have equal access to available work, except where the timely assignment of work is required.
(a) The master casual employee seniority list and each classification registry shall be revised and updated every three months as of the last date of the payroll period immediately prior to January 1st, April 1st, July 1st and October 1st (the "adjustment" dates) in each year. The seniority of each casual employee thus determined shall be entered in the classification registry in descending order of the most hours worked to the least. Casual employees hired after an adjustment date shall be added to such classification registry or registries as are applicable in the order that they are hired.
(b) For purposes of a call-in to do casual work, any time accumulated in a current period shall not be reconciled until the next following adjustment date.
(c) Within two weeks of each adjustment date the Employer shall send to the union designate a revised copy:
(1) of the master casual seniority list; and
(2) of each classification registry maintained by the Employer.
(d) Sections (a), (b), and (c) above shall not apply to casual Community Health Workers.
(e) Upon return to work, casual employees will be credited with seniority hours for the period of time during which the employee was in receipt of wage-loss benefits from the WCB under Sections 29 or 30 of the Workers Compensation Act. The number of hours credited shall be based on the employee's average weekly straight-time hours paid over the one-half payroll year preceding the employee's leave of absence due to compensable illness or injury. Where the employee has been employed for less than one-half payroll year, straight-time paid hours shall be based on the employee's average weekly straight-time hours paid since date of hire.
(a) Regular part-time employees may register for casual work under this clause except that Article 29.1(a), (b), (c) and (d) (Casual Employees) shall not apply. Where the regular schedule of a part-time employee registered under this section conflicts with a casual assignment, the part-time employee shall be deemed to be unable to work except that where the assignment is longer than four days, the employee shall be relieved of his/her regular schedule at the option of the employee. All time worked shall be credited to the employee for the purpose of seniority and benefit accumulation.
(b) Article 29.5 (Regular Part-Time Employees) shall not apply to Community Health Worker positions.
Casual employees shall move to the increment step indicated by accumulated hours of service with the Employer.
A regular employee who is laid off shall be entitled to transfer to casual status. Other regular employees may transfer to casual status provided that the Employer requires additional casual employees. Upon transfer such employees shall be entitled only to such benefits as are available to casual employees. Such employees shall maintain all accumulated seniority and benefits to the date of the transfer.
Except as otherwise noted the provisions of the following articles do not apply to casual employees. The provisions of all other articles apply to casual employees unless otherwise explicitly stated.
• Article 11.2(a) Seniority List
• Article 11.5 Seniority Dates
• Article 13 Labour Adjustment and Technological Change
• Article 14.3 Scheduling Provisions
• Article 14.15 Job Fairs
• Article 15.3 Shift Schedules
• Article 16.9 Overtime for Part-Time Employees
• Article 16.11 Callback
• Article 18 Vacation Entitlement
• Article 19 Education Leave
• Article 20 Special and Other Leave
• Article 21 Maternity, Parental & Adoption Leave
• Article 25 Health Care Plans
• Article 27.3 Temporary Promotion or Transfer
• Article 27.5 Promotions
• Article 27.6 Transfers
• Article 27.7 Demotions
• Article 27.8 Re-Employment After Retirement
• Article 27.9 Re-Employment After Voluntary Termination or Dismissal for Cause
• Article 27.10 Supervisory or Military Service
• Article 28 Sick Leave
(a) (1) Upon completion of 180 hours of work, casual employees shall be given the option to enrol in the following plans:
Article 25.1 - BC Medical Plan Article 25.2 - Dental Plan
Article 25.3 - Extended Health Plan
An employee who makes an election under this provision must enrol in each and every of the benefit plans and shall not be entitled to except any of them.
(2) Where a casual employee subsequently elects to withdraw from the benefit plans or fails to maintain the required payments, the Employer shall terminate the benefits. Thereafter the employee shall only be entitled to re-enrol if the employee so elects between December 1 and December 15 in any year to be effective the January 1 next following.
(b) Where a job posting is filled by a casual employee under Article 29.3(b) (Call-in Procedure) and the casual employee occupies the position for six months or more, he/she will be entitled to:
(1) reimbursement for monthly benefit premiums paid by the employee for medical, dental and extended health pursuant to paragraph (a) above for the period subsequent to the first 31 days in the position.
In any event, after the casual employee has filled the position for a period of six months, the casual employee shall be enrolled in the benefit plans listed below at the sole cost of the Employer:
Article 25.1 - BC Medical Plan Article 25.2 - Dental Plan
Article 25.3 - Extended Health Plan
(2) the ability to take vacation time off, provided that the casual employee notifies the Employer immediately upon acceptance of the appointment, indicating that the six percent vacation benefit is not to be paid out on every payday but accrued instead;
(3) upon commencement in the appointment the employee shall accrue sick leave in accordance with Article 28 (Sick Leave) and be entitled to take such accrued sick leave in accordance with Article 28.3 (Sick Leave Pay) while working in the temporary vacancy.
Coverage under this section shall cease when either:
(i) the regular incumbent returns to the position, or
(ii) the casual employee is no longer working in the posted position.
(a) The Unions and the Employers desire every employee to be familiar with the provisions of this Agreement, and his/her rights and obligations under it. Sufficient copies of the Agreement will be printed for distribution to employees. The HEABC and the Association will share equally the cost of printing and distribution.
(b) The Agreements shall be printed in a union print shop and shall bear a recognized union label.
(c) The Employer will provide copies of the printed Agreement within 90 days of the signing of this Agreement. 90 days may be waived in extenuating circumstances.
Volunteers will be supernumerary to positions in the bargaining unit. The use of volunteers will not result in a reduction of hours or the layoff of employees in the bargaining unit. Volunteers will not be used to fill or replace existing positions within the bargaining unit.
The Union recognizes and agrees that clients may participate in the day to day operations of the Employer for therapeutic value.
Employees who are required to prepare meals and eat the meals, or who are required to eat the meals, at the worksite with clients or residents shall have the same meal provided at no cost to the employee.
The Employer shall not enter into any Job Sharing arrangements with employees without the written agreement of the Union.
Employees will not be required to perform duties of a personal nature for supervisory personnel which are not related to the work of the Employer.
Where participants in a special employment program for youth or other individuals will perform work of the bargaining unit, the Employer must have the written agreement of the Union. Such agreement will not be unreasonably withheld.
In this Agreement titles shall be descriptive only and shall not form part of the interpretation of the Agreement by the parties or an arbitration board.
Where the Employer requires an employee to undergo a criminal record check as a condition of continued employment, the Employer shall reimburse the employee for the full cost of the criminal record check.
In accordance with the Income Tax Act, appropriate forms will be issued concerning compensation and allowances.
(a) This Agreement shall be binding and shall remain in effect until midnight March 31, 2014.
(b) The provisions of this Agreement, except as otherwise specified, shall come into force and effect on February 18, 2013.
(a) Any change deemed necessary in this Agreement may be made in mutual agreement at any time during the life of this Agreement.
(b) The parties agree to allow individual Employers and the representative designated by the Union for this purpose to enter into voluntary local discussions to amend the provisions of the CSA. Any such agreement to amend the terms of the CSA must be approved and signed by the Community Bargaining Association and the HEABC prior to it becoming effective.
(a) This Agreement may be opened for collective bargaining by either party giving written notice to the other party on or after December 1st, 2013 but in any event not later than midnight, December 31, 2013.
(b) Where no notice is given by either party prior to December 31, 2013, both parties shall be deemed to have given notice under this article on December 31, 2013.
(a) Both parties shall adhere fully to the terms of this Agreement during the period of bona fide collective bargaining.
(b) It is agreed that the operation of Subsection 2 and 3 of Section 50 of the Labour Relations Code
is excluded from this Agreement.
Employees who have severed employment prior to the date of ratification of this Collective Agreement shall be paid retroactivity. The Employer shall notify all employees once, in writing, at their last known address, that such retroactivity is payable upon written application. Written application must be received by the Employer within 60 days of ratification. Retroactivity shall be calculated on paid hours.
SIGNED ON BEHALF OF SIGNED ON BEHALF OF
THE ASSOCIATION: THE HEABC:
Xxxxxx Xxxxxx, President, BCGEU Xxxxxxx Xxxxxxxxx, President and Chief Executive Officer
Xxxxx Xxxxx, Coordinator, BCGEU Xxxx Xxx, Manager
Strategic Negotiations & Contract Administration
Xxxxxx Xxxxxx, Vice-President, BCGEU Xxxxx Xxxxxxxxxx, Manager
Strategic Negotiations & Contract Administration
Xxx Xxxxxx, Staff Representative, BCGEU
Xxxxx Xxxxxxx, Chair, BCGEU
Xxxxx Xxxxxxxx, Bargaining Committee, BCGEU
Xxxxxx Xxxx, Bargaining Committee, BCGEU
Xxxxxxx Xxxxxxxx, Bargaining Committee, BCGEU
Xxxxxxx Xxxxxxxxxxxxx, Bargaining Committee, BCGEU
Xxxxx Xxxxxxxxxxx, Bargaining Committee, BCGEU
XX Xxxxxxxxx, Bargaining Committee, BCGEU
Xxxxx Xxxxxx, Bargaining Committee, BCGEU
Xxxx Limpright, President, UFCW 1518
Xxxxxx Staff, Director, UFCW 1518
Xxxxxx Xxxxxxx, Vice-President, UFCW 1518
Xxxxxxx Xxxxx, Vice-President, UFCW 1518
Xxx Xxxxxxx, Bargaining Committee, UFCW 1518
Xxxxxxxx Xxxx, Bargaining Committee, UFCW 1518
Xxxxxx XxXxxxxxx, Bargaining Committee, UFCW 1518
Xxxxxx Xxxxxxx, Secretary-Business Manager, HEU
Xxxxxx Xxxxxxxxxx, Servicing Representative, HEU
Xxxxxx Xxxxxx, Bargaining Committee, HEU
Xxxxxx Xxxxxxxxx, Bargaining Committee, HEU
Xxxxxx Xxxxxx, National Representative, CUPE
Xxxx Xxxxxxxx, Bargaining Committee, CUPE
Xxxxxxxx Xxxxxx, Bargaining Committee, CUPE
Xxx Xxxxx, President, HSA
Dani Demetlika, Senior Labour Relations Officer, HSA
Xxxx Xxxxx, Bargaining Committee, HSA
Xxxxxx Xxxx, President, USW, Local 1-1937
Xxxx Xxxxxxxx, 1st Vice-President, USW, Local 0-000
Xxxxxxxx Xxxxx, XX Representative, CLAC
Signed this day of , 20 .
Re: Grid & Benchmark Titles
PC1 – Program Coordinator 1 S1 – Scheduler 1
VC – Volunteer Coordinator
AS1 – Administrative Support 1
AC – Activity Coordinator
CHW1 – Community Health Worker 1
AS5 – Administrative Support 5
FSW – Food Service Worker
ADV – Advocate
HSK – Housekeeper
AT2 – Audiometric Technician 2
MM1 – Materials Management 1
DW2 – Detox Worker 2
T1 – Transport 1
FRW – Family Resource Worker
GF – Group Facilitator
AS2 – Administrative Support 2
HSSS – Home Support Services Supervisor
CRC – Community Retail Clerk
ITA2 – Information Technology Administrator 2
CSA – Custodian/Security Attendant
INS – Instructor
DSP – Xxxxxxxxxx
XX0 – Materials Management 3
FC1 – Financial Clerk 1
S2 – Scheduler 2
T2 – Transport 2
SSW – Shelter Support Worker
SW2 – Support Worker 2 (insert program name)
AS3 – Administrative Support 3
SEW – Supported Employment Worker
CRS – Community Retail Supervisor
CK1 – Xxxx 1
RC – Residence Coordinator
DA – Dental Assistant
HUA – Health Unit Aide
FCA1 – Financial/Contract Administrator 1
MW – Maintenance Worker
RBA – Residence Building Attendant
AA1 – Accounting Administrator 1
TA – Therapy Aide
AS6 – Administrative Support 6
T3 – Transport 3
ITA3 – Information Technology Administrator 3
PC2 – Program Coordinator 2
CK2 – Xxxx 2
RA – Research Analyst
FC2 – Financial Clerk 2
HRT – Health Records Technician
AA2 – Accounting Administrator 2
INT – Interpreter
FCA2 – Financial/Contract Administrator 2
LA – Laboratory Assistant
PA – Pharmacy Assistant
ITA4 – Information Technology Administrator 4
TS – Transportation Scheduler
AA – Activity Assistant
CK3 – Xxxx 3
LT – Library Technician
MM2 – Materials Management 2
AW – Activity Worker
LPN – Licensed Practical Nurse
AS4 – Administrative Support 4
CDA – Certified Dental Assistant
AT1 – Audiometric Technician 1
LPNS – Licensed Practical Nurse Supervisor
CHW2 – Community Health Worker 2
DW1 – Detox Worker 1
Note: Support Worker 1 (insert program name) was previously known as Assisted Living Worker 1 and Support Worker 2 (insert program name) was previously known as Assisted Living Worker 2.
DT – Dialysis Technician
ITA1 – Information Technology Administrator 1 PAD – Payroll Administrator
RCA – Resident Care Aide
SW1 – Support Worker 1 (insert program
SCCW – Supported Child Care Worker
Effective the First Pay Period after February 18, 2013: