Collective Agreement CoV
Collective Agreement CoV
Collective Agreement CoV
COLLECTIVE AGREEMENT
between the
CITY OF VANCOUVER
and the
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6. PAY FOR ACTING SENIOR CAPACITY .............. --------- -------- ......_...--- -- -......--- 5
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19. OCCUPATIONAL HEALTH PLAN__ .. ...... ... ....... ............ .. ... ......... ....... .... . 53
SCHEDULES
PAGE
(iv)
TABLE OF CONTENTS (cont'd)
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"G"
SCHEDULE Employment Equity ................................................................... 96
(v)
TABLE OF CONTENTS (cont'd)
PAGE
(vi)
1.
BETWEEN:
AND:
WHEREAS:
A. The Employer is an employer within the meaning of the Labour Relations Code of British
Columbia;
B. The Labour Relations Board has certified that the Union is the bargaining agent for the
employees in a unit composed of:
(2) inside workers without limiting the generality of the foregoing composed of
clerical, (including administrative), recreational, technical, cleaning, heating and
refrigeration and food trades except those generally known as outside workers,
foreperson and community centre casual instructors; and
(3) employees at the Community Centre, 920 East Hastings Street, Vancouver, B.C.
except those excluded by the Labour Relations Code employed by the City of
Vancouver, City Hall, 453 West 12th Avenue, Board of Parks and Recreation, 2099
Beach Avenue, and Ray-Cam Cooperative Association, 920 East Hastings, Vancouver,
2.
B.C. which the Labour Relations Board has decided pursuant to the provisions of Section
38 of the Labour Relations Code to be one Employer for the purposes of this certification.
THIS AGREEMENT shall constitute the wages and working conditions for the employees of tt e
Employer covered by this Agreement. It is constructed in such a manner that, except for
Schedules "B" and "C" or otherwise specifically excluded, it applies to Regular Full-Time
Employees.
Schedule "B", Parts A and B, set out what Clauses in the Agreement and in what manner they
apply to Auxiliary and Temporary Full-Time Employees with less than one (1) year of continuous
work.
Schedule "B", Part C, sets out what Clauses of the Agreement and in what manner they apply to
Temporary Full-Time Employees with more than one (1) year of continuous work.
Schedule "B", Part D, sets out how Clause 12, Seniority applies to Auxiliary and Temporary Full-
Time Employees.
Schedule "C" sets out what clauses of the Agreement and in what manner they apply to Regular
Part-Time Employees.
1. DEFINITIONS
The following terms defined it this clause unless otherwise specifically provided herein,
shall have for the purposes of this Agreement the meanings hereinafter specified and
replace all existing definitions:
(e) "Employment Pool' means those employees of the City of Vancouver and the
Board of Parks and Recreation of the City of Vancouver, Ray-Cam Cooperative
Association, and Britannia Community Services Centre Society for whom the
Union is the Bargaining Authority.
3.
(f) "Layoff' means the elimination of a regular position, or a reduction in the core
hours of a regular position.
Wherever the singular or masculine is used in this Agreement the same shall be deemed
to include the plural or the feminine wherever the context so requires.
This Agreement shall be for a term of three (3) years with effect from 2020 January 01
to 2022 December 31, both dates inclusive. Should either party at any time within four
(4) months immediately preceding the date of expiry of this Agreement by written notice
require the other party to commence collective bargaining, or should the parties be
deemed to have given notice under Section 46 of the Labour Relations Code, this
Agreement shall continue in full force and effect, and neither party shall make any
change or alter the terms of this Agreement until:
(a) the Union lawfully strikes in accordance with the provisions of the Labour
Relations Code; or
(b) the Employer lawfully locks out in accordance with the provisions of the Labour
Relations Code; or
(c) the parties shall have concluded a renewal or revision of this Agreement or shall
have entered into a new Collective Agreement;
It is understood and agreed between the Employer and the Union that the operation of
subsections (2) and (3) of Section 50 of the Labour Relations Code is hereby excluded
from and shall not be applicable to this Agreement.
3. UNION SECURITY
All present employees who are now members of the Union shall remain members of the
Union. All persons employed on or after 1 January, 1974, shall become members of the
Union by the pay period immediately following completion of thirty (30) calendar days of
employment. All such employees shall remain members of the Union as a condition of
employment provided that no employee shall be deprived of employment by reason of
loss of membership in the Union for reasons other than failure to pay the regular Union
dues that all other members of the Union are required to pay to the Union.
All employees covered by the Union Certificate of Bargaining Authority shall pay a
monthly fee to the Union equal to the Union's monthly dues, such payment to be made
by payroll deduction. This deduction shall become effective immediately upon
commencement of employment. Deductions shall be made in respect of all subsequent
months provided an employee works any part of the month.
u
4 RIGHTS OF MANAGEMENT
Any rights of management which are not specifically mentioned in this Agreement and
are not contrary to its intention shall continue in full force and effect for the duration of
this contract, always provided that in the exercise of the aforementioned management
rights there shall be no discrimination.
5, REMUNERATION
(a) The scale of remuneration set out in Schedule "A" shall apply during the term of
this Agreement. Any changes in salary rates or the classifications as outlined in
Schedule "A" shall not be put into effect until the Union Executive Designate and
the Bargaining Committee of the Union have been consulted.
(b) Where anomalies as submitted during negotiations are not concluded to the
satisfaction of both parties, then they will give consideration to the submitting of
such anomalies to a Board of Arbitration as constituted under Clause 15.1(d).
shall be paid a shift premium of one dollar ($1.00) per hour for those regular hours
worked before 7:00 a.m. or after 7:00 p.m.
(b) If more than fifty percent (50%) of an employee's regular hour of work fall outside the
period described in Clause 5.2(a), the shift premium shall be paid for all regular hours
in the shift.
5
(c) Shift premium shall not be paid for those hours worked at overtime rates, nor for
standby.
If a new employee is hired above the first step in the salary range and the Employer does
not wish to adjust the salary for one or more present employees in the class who are in
the same department (or in the same division in the case of the larger departments), the
Employer will discuss the matter with the Union and, with the Union's consent, such
adjustment or adjustments need not be made.
The hourly rates set forth in Schedule "A" shall be the basis for application of any general
salary increases.
The formula for converting the hourly rates to bi-weekly and monthly rates is as follows:
Employees in positions which the Employer has designated as requiring the use of a
second language, including sign language, shall be paid one (1) Pay Grade in addition
to the classified rate for the position except where the class includes a requirement for
more than one (1) language.
equal to, or exceeds the minimum of the senior.position, the next higher rate in
the pay range of the senior position shall be paid.
Where an employee is temporarily required to accept a portion, but not all, of the
core duties and responsibilities of a senior position, the employee shall be paid
two (2) pay steps above their rate of pay provided this does not result in a higher
rate of pay than would have been paid for full acting. In such cases, the employee
would be entitled to a rate of pay equivalent to full acting pay.
An employee who has been in a partial acting capacity for a period of six (6)
months and whose assignment continues shall have their rate of pay adjusted to
reflect the full acting rate for the position for the balance of the assignment and
may be assigned any additional duties and responsibilities associated with the
position.
7 TRANSPORTATION ALLOWANCE
Transportation for positions requiring the employee to travel on the Employer's business
will be paid in the form of a transit fare or mileage allowance or use of an Employer's car
as determined by the Employer.
8.1 Overtime
(a) Any employee who is required to work overtime shall at the time of working such
overtime elect whether to be paid for it or receive compensating time off in lieu
thereof.
(b) Employees shall be entitled to overtime compensation for all overtime worked:
(c) Employees who elect to be paid for overtime worked shall be paid for the
performance of overtime work scheduled by the Employer under Clause 8.1(b)
at the following overtime rates:
(1) time and one-half the regular rate of pay for the first two (2) hours of
overtime worked immediately preceding or immediately following an
employee's regular shift on any regular working day of the employee;
(2) double the regular rate of pay for all overtime in excess of the first two (2)
hours thereof worked immediately preceding or immediately following an
employee's regular shift on any regular working day of the employee;
(3) double the regular rate of pay for all overtime worked at any other time
than at the times set forth in items (1) or (2) of this Clause 8.1(c).
Employees shall be paid a minimum of one and one-half (1'/z) hours at
double time for overtime worked pursuant to this paragraph (c)(3).
(d) An employee who elects to receive compensating time off in lieu of being paid
for overtime shall be credited with compensating time off equivalent to the
number of hours for which the employee would have been paid for the overtime
so worked. (Such overtime shall be calculated in the manner set forth in Clauses
8.1(b) and 8.1(c).) An employee shall not take any compensating time off without
first receiving the approval of the General Manager or designate, provided
however that if all of the credited compensating time has not been used by 31
August of the year next following the year in which the overtime was worked, or
prior to leaving the service of the Employer for any reason (whichever event
occurs first), the employee shall be paid in cash for the overtime for which no
compensation was received at the rate or rates of pay in effect at the time such
overtime was worked.
8.2 Callout
(a) An employee who is called back to work by the Employer at any time after the
completion of the regular shift, except where such employee is required to work
overtime as a consequence of an oral or written notice given prior to the end of
the employee's previous shift as provided in Clause 8.1(b), shall be paid at the
rate of double (2X) the regular rate of pay for the time actually worked and in
addition thereto one (1) hour at double (2X) the regular rate of pay for travelling
time to and from home. Except as otherwise provided in Clause 8.2(b), an
employee who is called back to work under this Clause 8.2 shall be paid a
minimum of three (3) hours (the minimum includes one (1) hour for travelling
time) at double (2X) the regular rate of pay.
(b) If, after a callout, an additional call or calls are made upon the employee before
the expiry of the minimum three (3) hour period or before arrival home, whichever
shall last occur, the additional call or calls shall not qualify the employee for an
II
additional minimum three (3) hour period or periods but the employee shall be
paid at double (2X) the regular rate of pay for the time actually worked and an
additional one (1) hour at double (2X) the regular rate of pay for travelling time to
and from home. Where two (2) separate calls are completed by an employee
within a three (3) hour period the employee shall be paid at double (2X) the
regular rate of pay for a minimum of four (4) hours (the minimum includes two (2)
hours for travelling time).
(c) Notwithstanding the callout minimum, an employee who is at the work place prior
to the commencement of the employee's regular shift and who is required to
commence work prior to the commencement of the employee's regular shift, shall
be paid in accordance with the overtime provisions for the actual time worked
prior to the commencement of the employee's regular shift.
(d) When an employee is contacted for assistance and is able to resolve the problem
over the telephone (or by computer) and does not have to report to a worksite,
the employee shall be paid double (2X) the employee's regular rate of pay for the
actual time worked, with a minimum of one (1) hour. Any subsequent contacts
that occur within one (1) hour of the first call shall not result in any additional
payments. A telephone call that occurs after the one (1) hour period shall result
in another one (1) hour payment at double (2X) the employee's regular rate of
pay. An employee will not be eligible for this form of callout should a return to
the worksite (Callout, Clause 8.2(a) above) result from the issue being discussed.
8.3 Standby
(a) Employees who stand by for a call to work between the end of a normal day shift
on the first day of work in a normal work week as defined in Clause 11.1
(excluding public holidays) and the commencement of a normal day shift on the
last day of work in the normal work week shall be paid one (1) hour's pay at the
employee's regular rate of pay for each period of eight (8) hours that the
employee stands by, in addition to any callout pay to which there may be
entitlement under Clause 8.2.
(b) Employees who stand by for a call to work at any time except employees who
stand by for a call to work under Clause 8.3(a) shall be paid one (1) hour's pay
at the employee's regular rate of pay for each period of six (6) hours that the
employee stands by in addition to any callout pay to which there may be entitle-
ment under Clause 8.2.
(c) Where the period of time which an employee stands by under this Clause 8.3
exceeds a multiple of six (6) hours or eight (8) hours (as the case may be) the
employee shall be paid one (1) hour's pay at the rate provided in this Clause 8.3
for the remainder of the stand-by time unless the remainder is not more than one-
half ('/) of the stand-by period of six (6) hours or eight (8) hours (as the case may
be) in which event the amount payable to the employee for the remainder shall
be one-half ('/2) hour's pay at the rate provided in this Clause 8.3.
a
(2) Meal break compensation when overtime taken in compensating time off
When CTO for meal breaks is used, it shall be paid out in accordance
with Clause 8.1(d).
(c) Where by reason of an emergency it is not feasible to give a meal break at the
designated time under this Clause 8.4(a)(1), (2), or (3), it shall be taken as soon
as practicable and in addition the Employer shall be responsible for supplying a
10.
reasonable form of nourishment during the course of the work at such time as
the employee would have been otherwise entitled to a paid meal break.
Where an employee works overtime and/or is called out to deal with situations where the
Employer is able to recover the overtime and/or callout costs from the Provincial
Emergency Program, the Employer shall have the option of paying the employee for
such overtime and/or Callout, or granting the employee compensating time off in lieu of
being paid for such overtime and/or Callout.
9.1 Vacations
Paid annual vacation for all employees covered by this Agreement shall be allowed as
follows:
(a) In the first part calendar year of service, vacation will be granted on the basis of
one-twelfth (1/12) of fifteen (15) working days for each month or portion of a month
greater than one-half ('/2) worked by December 31st.
(b) During the second (2nd) up to and including the seventh (7111) calendar year of
service - fifteen (15) working days;
(c) During the eighth (811) up to and including the fifteenth (151") calendar year of
service - twenty (20) working days;
(d) During the sixteenth (161i) up to and including the twenty-third (23Id) calendar
year of service - twenty-five (25) working days; and
(e) During the twenty-fourth (24111) and all subsequent calendar years of service -
thirty (30) working days.
(f) Employees who leave the service after completion of twelve (12) consecutive
months of employment shall receive vacation for the calendar year in which
termination occurs on the basis of one-twelfth (1/12) of their vacation entitlement
for that year for each month or portion of a month greater than one-half ('/z)
worked to the date of termination.
PROVIDED THAT
(g) "calendar year" for the purposes of this Agreement shall mean the twelve-month
period from January 1st to December 31st inclusive.
(h) Upon hiring, an employee from another municipal employer may be started at
any level on the vacation schedule set out above at the discretion of the General
Manager, Human Resources Services or designate. New employees who
receive recognition for service under this provision will not receive recognition in
other areas, such as but not limited to seniority or length of service and will not
receive further recognition for future vacation entitlements as described in the
Collective Agreement.
(i) In all cases of terminations of service for any reason, adjustment will be made for
any overpayment of annual vacation.
• if retiring prior to April 1st, they receive half of the usual annual vacation;
• if retiring April 1st or later, they receive the full annual vacation.
(k) An employee who is entitled to annual vacation of twenty-five (25) working days
or more in any year:
(1) shall take at least twenty (20) working days of such annual vacation
during the year in which it is earned, and
(2) may defer the taking of any part of such annual vacation in excess of
twenty (20) working days; provided however that the maximum deferred
vacation which an employee may accumulate at any one time pursuant
to this Clause 9.1(k) shall be twenty (20) working days.
When an employee's deferred vacation bank reaches the - maximum and the
employee has unused vacation in a calendar year, the Employer may, at its
discretion, pay out the unused vacation for that year.
(1) An employee's start date shall not be adjusted as a result of a leave of absence.
However, the employee's annual vacation shall be adjusted in accordance with
Clause 10.10(b).
(m) In each calendar year, an employee may request a single payment for previously
earned deferred vacation, early retirement, or public holiday banks upon
completion of three (3) years' continuous service. Requests must be made to the
General Manager or designate by 31 August of each calendar year. Payment of
requests will occur after 31 August of each calendar year
It is understood between the parties that each employee shall become entitled to supple-
mentary vacation under this Clause 9.2 on the first day of January in the year in which
the employee qualifies for such supplementary vacation. An employee shall retain the
supplementary vacation entitlement notwithstanding that such employee's employment
is terminated prior to the end of the period to which the entitlement applies. (An
explanatory note and table is annexed hereto as Schedule "D" for the purposes of
clarification.)
W Public Holidays
(a) Regular Full-Time Employees shall be entitled to a holiday with pay on the
following public holidays:
(b) If the Government of Canada and the Government of the Province of British
Columbia or either of them proclaim that such public holiday be observed on a
day other than Saturday or Sunday then the day so proclaimed shall be read in
substitution for such public holiday but if there is no such proclamation by either
of such governments or the proclamation of such governments do not proclaim
the same day for the observance of such public holiday then the Employer may
choose a substitute or alternate day as the recognized holiday for some
employees. The Employer may, instead of having all employees observe the
public holiday on the same day, declare both the Friday immediately preceding
the public holiday and the Monday immediately following the public holiday for
the observance of the public holiday. Those employees designated by the
Employer shall be entitled to a holiday with pay in lieu on the Friday and those
employees designated by the Employer shall be entitled to a holiday with pay in
lieu on the Monday named by the Employer. The Employer may designate some
employees to observe the holiday on the actual day of the public holiday.
Notwithstanding the above paragraph, whenever Christmas and Boxing Day fall
on Saturday and Sunday, the Employer may designate the immediately following
13.
Monday and Tuesday as the days for some or all employees to observe the public
holidays,
(c) Prior to the beginning of each calendar year, the Employer and the Union may
discuss which days will be considered as the recognized public holiday for
purposes of applying the public holiday premium pay for working on the
recognized public holiday. It is understood that employees shall be paid public
holiday premium pay only once for the same holiday
(2) Employees whose duties normally require them to work on public holidays
or on scheduled shift work:
(e) Time worked on a public holiday or on the day off given to the employee in lieu
of a public holiday shall not be treated as overtime except as provided in Clause
8.1.
(f) For purposes of this Clause, where an employee works a shift that commences
on or concludes on a day designated as a public holiday, the shift shall be
considered to have been completely worked on the day on which the employee
worked the majority of the regular shift.
(g) For purposes of this Clause, compensation for public holidays shall be in
accordance with the following: basic annual public holiday hours shall be
calculated as 12 public holidays x the number of daily hours as per a 5-day week.
E.g. 12 x 7 = 84 (35 hr week), or 12 x 7.5 = 90 (37.5 hr week), or 12 x 8 = 96 (40
hr week).
It is hereby agreed that the employee benefits contained herein shall be continued for
the term of the Agreement.
Subject only to Schedule "E", Part 2.1, the Employer has the sole responsibility for all
aspects of the administration of the health and welfare benefit plans.
Effective the first day of the month following the date of hire, employees shall be
entitled to be insured under the Medical Services Plan established under the
Medical Services Act of British Columbia with the Employer paying seventy-five
percent (75%) of the premium and the employees paying twenty-five percent
(25%) of the premium.
Effective the first day of the month following the date of hire, employees shall be
entitled to be insured under the Extended Health Care Plan. The provision of the
benefits shall be subject to the requirements of the Plan. The Plan shall contain,
among other benefits, coverage for:
(2) Vision care including coverage for laser eye surgery to a maximum
payable of $450.00 per person per twenty-four (24) month period;
15.
(8) Dispensing fees will be eligible for reimbursement in accordance with the
terms of the Plan, up to the maximum dispensing fee per prescription
eligible for reimbursement under the British Columbia PharmaCare
program.
The EHC lifetime maximum coverage under this Plan will be $1,000,000 per
person. The Plan has an annual deductible of $100.00.
The Employer shall pay one hundred percent (100°/x) of the premium
(a) Effective the first day of the first full pay period worked following the date of hire,
employees shall be insured under a group life insurance policy which has been
taken out by the Employer on behalf of the employees. The group life insurance
policy includes among other benefits coverage for each of such employees in an
amount equal to one and one-half (1'/) times the employees' basic annual salary
which shall be computed to the next highest $1,000.00 subject to the terms and
conditions of the group life insurance policy. Group Life Insurance will continue
until the date of the employee's retirement or the day before the employee
reaches the age seventy-five (75), whichever occurs first. The Employer shall pay
seventy-five percent (75%) of the premium and the active employees shall pay
twenty-five percent (25%) of the premium.
Eligibility for life insurance coverage will extend to age seventy-five (75). This age
threshold for eligibility shall be reviewed on five (5) year intervals from December
31, 2016. The age threshold for eligibility will be adjusted upward or downward
to the nearest full year based on the change in average life expectancy from
December 31, 2016 to the year of the review. Life expectancy shall be
determined using the most recent published data from Statistics Canada
available as of December 31, 2016 and the review date.
The Employer agrees to provide a dental plan for the benefit of employees, effective the
first of the month following the date of hire, which provides for the following services:
(a) Basic Dental Services (Plan A) paying for 80% of the approved schedule of fees;
(b) Prosthetics, Crowns and Bridges (Plan B) paying for 50% of the approved
schedule of fees;
(c) Orthodontics (Plan C) paying for 50% of the approved schedule of fees to a
lifetime maximum of $3000 for dependent children and adults as defined by the
Plan;
(d) The Employer shall pay seventy-five percent (75%) of the premium and the
employees shall pay twenty-five percent (25%) of the premium.
An employee who co-habits with a person of the same sex, and who promotes such
person as a "spouse" (partner), and who has done so for a period of not less than twelve
(12) months, will be eligible to have the person covered as a spouse for purposes of
Medical, Extended Health and Dental benefits.
Eligible employees shall be entitled to the benefits of the Accumulative Sick Leave and
Gratuity Plan as follows:
A. Sick Leave
A Sick Pay Plan based on the following, shall apply to all employees:
(a) No sick leave with pay shall be granted except after six (6) months'
continuous service in the employ of the Employer
17
(b) Sick Leave of ten (10) working days shall be credited semi-
annually on June 30th and December 31st commencing with the
completion of the first six (6) months of service at which date ten
(10) working days' credit shall be given.
(d) When Sick Leave is earned for a period of less than six months, a
month shall be equivalent to a credit of one and one-half (1'/z) days
and no credit shall be given for a part of a month.
Note 2: A deduction will be made for all hours absent due to late
arrivals and early departures for illness where the
absence exceeds two hours.
(g) Full sick leave credits will be given for absence in the following
circumstances:
(h) Any employee requesting sick leave with pay may be required to
produce a certificate from a duly qualified medical practitioner
licensed to practice in the Province of British Columbia certifying
that such person is unable to carry out their duties due to illness.
a
B GratinPlan
A credit of three (3) working days per annum shall be given for each year
of service. or, for part of a year a credit of one (1) day for each four (4)
months of service, which may be accumulated to a maximum of 120
working days.
(2) Deduction
A deduction shall be made from the current year's gratuity credits for all
days absent on sick leave with pay, except that such deduction shall not
exceed one (1) working day in each four (4) month segment of the
calendar year. The total gratuity credited to each employee at December
31st of each calendar year will remain to such employee's credit
regardless of time lost in any subsequent year through illness or any other
reason.
20.
(3) Establishment
(a) Transferred employees or new groups placed under this plan shall
receive benefits from the same date that such employees come
under the "Sick Pay Plan" and the initial net credits shall be
determined by a summarization of the attendance records for the
past six (6) years' employment with the Employer.
An employee who has completed not less than three (3) years of
continuous service and is eligible for gratuity leave may be granted leave
up to the number of gratuity days accumulated. An employee's right to
gratuity leave shall be subject at all times to the exigencies of the
Department of the employee and to the discretion of the General Manager
or designate.
An employee or the employee's estate (as the case may be) shall be
entitled to payment in cash for gratuity days accumulated in the event of
normal retirement at minimum to maximum age, death in the service,
permanent disability or leaving the service after completion of three (3)
years' continuous service.
C Family_Illness
Where no one other than the employee can provide for the needs of an immediate
member of the employee's family (spouse, child, parent) during an illness, an
employee shall be entitled, after notifying the employee's immediate Supervisor,
to use up to three (3) accumulated sick leave days per calendar year for this
purpose. In exceptional circumstances the employee's Manager may approve
additional leave.
The Employer contributes one and one-half percent (1'/z%) of salary and the employee
is deducted the same amount under the Vancouver Employees' Savings Plan.
(a) In the event of the death of an employee's spouse (including common-law spouse
and same sex partner), child, ward, foster child, brother, sister, parent, parent-in-
law, grandparent, grandchild, guardian, or other relative if living in the employee's
household, the employee shall be granted a period of leave not to exceed three
(3) working days without loss of pay. For purposes of Compassionate Leave,
employees in same sex relationships as defined under Clause 10.5 shall be
entitled to the provisions of this clause.
(b) Any employee who qualifies for compassionate leave without loss of pay under
Clause 10.8(a), and who is required to travel to a point outside the Lower
Mainland of British Columbia (defined as the area included within the Greater
Vancouver Regional District, Fraser Valley Regional District, Squamish-Lillooet
Regional District and Sunshine Coast Regional District) may be granted addi-
tional leave without loss of pay for a further period of two (2) working days.
(c) Requests for leave under Clauses 10.8(a) and 10.8(b) shall be submitted to the
employee's General Manager or designate who will determine and approve the
number of days required in each case.
(d) An employee who qualifies for compassionate leave without loss of pay under
Clause 10.8(a) herein may be granted such leave when on annual vacation if
approved by the General Manager or designate. An employee who is absent on
sick leave with or without pay or who is absent on Worker's Compensation, shall
not be entitled to such emergency leave without loss of pay
22.
(e) Upon application to, and upon receiving the permission of, the General Manager
or designate, an employee may be granted leave of up to one-half (%2) day without
loss of pay in order to attend a funeral as a pallbearer or a mourner in any case
other than one covered by Clause 10.8(a).
In the event the birth parent dies or is totally disabled, an employee who
is the parent of the child shall be entitled to both maternity and parental
leave without pay.
(b) The child is at least six (6) months of age before coming into the
employee's care and custody and the child is certified as suffering
from a physical, psychological or emotional condition.
(1) An employee who requests parental leave for the adoption or caring of a
child shall be required to provide proof of adoption or birth of the child.
(2) An employee shall provide written notice, at least four (4) weeks in
advance, of the intended commencement date of the maternity and/or
parental leave. (In the case of adoption of a child, the employee shall
provide as much notice as possible.)
23.
(4) An employee on maternity leave or parental leave shall provide four (4)
weeks' notice prior to the date the employee intends to return to work.
(5) An employee who wishes to return to work within six (6) weeks following
the actual date of the birth may be required to provide a certificate from a
medical practitioner stating the employee is able to return to work.
(6) Where a pregnant employee gives birth before requesting maternity leave
or before commencing maternity leave, the maternity leave will be
deemed to have started on the date of birth.
(e) Benefits
(1) MSP, Dental, EHB, and Life Insurance benefits shall continue
uninterrupted during the period of time the employee is on maternity
and/or parental leave provided that the employee makes arrangements
prior to commencing the leave to pay their share of the benefit premiums
for that period where the premiums are cost-shared. Where an employee
makes arrangements to continue benefits coverage all benefits named in
this paragraph shall continue.
24.
(2) Pension contributions will cease during the period of the leave. Upon
returning to work, the employee may purchase service for the period of
the leave pursuant to the provisions of the Municipal Pension Plan Rules.
(1) A birth parent who is entitled to maternity leave as provided for in Clause
10.9 of the Collective Agreement and who has applied for and is in receipt
of Employment Insurance benefits is eligible to receive SEIB Plan
payments. The Employer shall provide SEIB information to eligible
applicants who request maternity leave.
(4) The SEIB Plan payment is based on the difference between the
Employment Insurance benefit plus any other earnings received by an
employee and ninety-five percent (95%) of their gross weekly earnings.
SEIB is paid for the first seventeen (17) weeks of maternity leave, which
includes the Employment Insurance waiting period.
(a) Requests by employees for leaves of absence without pay for up to one (1) year
may be granted at the discretion of the Employer and providing the employee
can be spared without materially affecting the operation of the employee's work
area. Employees returning from leaves of absence are entitled to return to their
previous position or one of comparable value.
25.
The vacation allowance of any employee shall be reduced for time absent without
pay in excess of one (1) month in any calendar year. The reduction for absence
in excess of one (1) month shall be one-twelfth (1/12) of the vacation allowance
to the nearest half-day for each excess month or portion of a month greater than
one-half ( '/2).
It is the Policy of the Employer to grant leave with pay to employees who are
writing examinations where the subjects of the examination lead to qualifications
which are directly concerned with municipal duties.
Any employee who intends to register for a study course which will involve taking
time off during working hours to write examinations should apply to the General
Manager or designate, who in turn will forward it to the General Manager, Human
Resource Services with a recommendation. The General Manager, Human
Resource Services will act on the request in accordance with the following
regulations:
(1) That obtaining High School graduation be the obligation of the employee
and leave of absence with pay to write examinations at or below this level
not be granted.
(2) That leave of absence with pay, (limited to two attempts at any subject or
course year) be granted to employees, upon application, to write
examinations.
Any course which has been approved by the Employer and for which the
Employer pays the course fees.
(3) That the Employer will consider on an individual basis, other requests,
and will decide on the basis of whether or not the course is of direct value
to the Employer.
26.
(4) That employees who write examinations that are not subject to time off
with pay be allowed, subject to operational requirements, to use current
vacation entitlement, any banked time or, in the absence of the foregoing,
leave of absence without pay, if they so request.
When obtaining authorization for a Leave of Absence without pay the exact
period of absence must be requested. The employee will then be expected to
take the full authorized period. This provision is required to eliminate
unnecessary payroll adjustments and to avoid terminating the services of
temporary replacements prior to the period for which they were employed_
Any employee called for jury duty or as a witness will be allowed time off during
the period of such duty. The employee's regular pay will be continued and any
remuneration received for such duty will be remitted to the Director of Finance.
The Employer does not make allowance for payment of additional transportation
costs, parking fees, lunches, etc., incurred while on such duty, nor shall these
costs be deducted from the fees received.
All absences, even if less than two (2) hours, shall be reported.
27.
(a) An employee who has voluntarily resigned and is re-employed within one (1) year
from the last termination of service shall be considered eligible for reinstatement
under the applicable employee benefits, provided, in each case, length of service,
benefits, and seniority are adjusted by the period of absence. An employee who
has voluntarily resigned and is re-employed after one (1) year from the last
termination of service shall be considered a new employee as regards seniority,
employee benefits and salary.
When a previous employee of the Employer is rehired within one (1) year of the
last termination of service, recognition of the employee's previous related
experience will be given in deciding the starting salary. Previous service with the
Employer in/or related to the particular position for which application is made will
also be considered. The General Manager, Human Resource Services or
designate will decide the appropriate step in the salary range in each case.
In accordance with the Municipal Pension Plan Rules, where, due to a layoff, an
employee's hours of work are reduced or employment status changed, the employee
shall continue to contribute to the Municipal Pension Plan.
Where an employee has, prior to retirement, paid the full cost of extending their
pensionable service by purchasing time served by the employee in a probationary
capacity with the Employer which has not heretofore been considered as pensionable
service, the Employer shall, upon the employee's retirement, reimburse the employee
for one-half ('/z) of the costs previously paid by the employee provided the employee has
reached the minimum retirement age. This provision is subject to the provisions of the
Municipal Pension Plan and the maximum period of time that the Employer will cost
share with the employee is six (6) months,
11 WORKING. CONDITIONS
(1) The standard hours of work of employees shall be seven (7), seven and
one-half (7%), or eight. (8) continuous hours of work occurring between
the hours of 7:00 a.m. and 7:00 p.m. The standard hours of an employee
shall be dependent on the recognized daily and weekly hours for the
classification of the position occupied. The standard work week shall
consist of five (5) consecutive working days, Monday through Friday
28.
inclusive. The standard hours of work are exclusive of a one (1) hour
unpaid lunch break and inclusive of two (2) ten (10) minute paid rest
periods.
The unpaid lunch break may be set at thirty (30) minutes or extended to
sixty (60) minutes where;
(a) the employee requests and the Employer determines it to be
operationally feasible; or
(b) the Employer determines it to be operationally required.
(3) The General Manager of each business unit (or exempt designate) shall
determine the start time for an employee's standard hours, within the 7.00
a.m. to 7:00 p.m., Monday to Friday period.
(1) The Employer and the Union recognize that there are a number of
positions, classifications and sections (including six (6) and seven (7) day
week operations) which may require work on Saturday and/or Sunday,
afternoon, evening or rotating shift schedules, or flexible work schedules.
Where a six (6) or seven (7) day operation is required, the standard work
week may be any five (5) days with two (2) consecutive days of rest
except when required to change work weeks. Where there is a change
in work weeks the Employer will ensure that the employee will receive the
appropriate number of days off over the course of the shift change(s).
The standard hours of work of employees shall be seven (7), seven and
one-half (7'/2), or eight (8) continuous hours of work depending on the
recognized daily hours for the classification occupied.
The standard hours of work are exclusive of a one (1) hour unpaid lunch
break and inclusive of two (2) ten (10) minute paid rest periods.
(2) The General Manager of each business unit (or exempt designate) may
vary the employee's start time by one-half hour prior to or after the
previously agreed upon shift times.
(2) Where the General Manager (or exempt designate) intends to alter an
existing employee's hours of work beyond those permitted in A or B above
(including amending an employee's hours to include Saturday and/or
Sunday, afternoon, evening or rotating shift schedules or flexible work
schedules), then the Employer shall proceed under the Letter of
Understanding on Hours of Work attached to the Collective Agreement.
(1) For new or vacant positions, the Employer shall be able to determine the
start and stop times, days of the week and shift schedules provided that:
(a) the establishment of the start and stop times, days of the work
week, and shift schedules shall be based on bona fide business
reasons;
CA
(c) the existing daily and weekly hours normally recognized for the
classification of the position shall be used;
(d) non-standard shift start times and days of the week shall be
included in the job posting prior to the position being filled; and
(2) Upon filling the position on a regular basis, Sections A, B and C of Clause
11.1 shall apply.
(a) the Union will be provided with at least fifteen (15) working days
prior notice of the proposed hours of work for the positions so as
to afford the Union reasonable opportunity to consider them and
make representations with respect to changes to the proposed
non-standard hours;
(c) this provision will not be used to revert positions from the EDO
system or a compressed work week back to a five day week; and
The provisions of EDO shall be found in Schedule "H" which is attached to and
forms part of this Collective Agreement.
11.1.1 Daily_Guarantee
(a) Subject to the provisions of subsection (c), an employee reporting for a scheduled
shift on the call of the Employer, shall receive the employee's regular hourly rate
of pay for the entire period spent at the place of work, with a minimum of two (2)
hours' pay at the regular hourly rate.
31.
(1) An employee other than a school student on a school day, (i.e. those who
attend a recognized educational institution in B.C.), who commences
work on a scheduled shift, shall receive the employee's regular hourly rate
of pay for the entire period spent at the place of work, with a minimum of
four (4) hours pay at the regular hourly rate.
(2) An employee who attends a voluntary staff meeting shall receive the
employee's regular hourly rate of pay for the entire period spent at the
place of work, with a minimum of two (2) hours' pay at the regular hourly
rate. This subsection shall apply to a maximum of four (4) such meetings
in a calendar year. An employee who is absent from a voluntary staff
meeting compensated pursuant to this section shall not be subject to any
adverse consequence related to that absence.
the employee shall not be entitled to receive the minimum payments set forth in
subsections (a) and (b),
(a) Posting
such positions shall be posted for ten (10) calendar days in such conspicuous
places as may be designated by the Employer at work sites of the Employment
Pool, provided, however, that nothing in this provision shall require the Employer
to fill positions that are vacant or temporarily unencumbered.
32,
(3) Positions not previously posted as per Clause 11.2(a)(iii) because they
were not expected to exceed five (5) months in duration, shall be
examined after four (4) months to determine if they are expected to run
longer than five (5) months or to be converted to regular status. Positions
that are expected to continue beyond five (5) months or positions that are
converted by Council to regular status shall be posted in the usual manner
provided that the position may be automatically extended beyond five (5)
months for a period not to exceed four (4) months in duration in order to
either post and fill the position or to cover the balance of the assignment
where it is clear the assignment will end within the four (4) month period.
The parties may mutually agree to extend such timelines in the event a
temporary position is in the process of being converted to regular status
by Council.
The Employer shall notify the Union when persons are hired for periods of three
(3) months or more in positions which could be considered as being within the
Employment Pool.
All notices of vacancies posted pursuant to this clause shall contain the following
information:
(6) a statement that the position falls within the jurisdiction of CUPE Local 15
(VMECW).
All employees who are successful in any competition shall receive full credit for
their length of service within the City of Vancouver, Park Board, Britannia
Community Services Society, and Ray-Cam Cooperative Association for
purposes of determining seniority, salary step placement, annual vacation
entitlement, sick leave benefits, and other benefits affected by length of service.
(1) Applications
(2) Where there are no qualified applicants under Clause 11.2(b), the position
may be filled from outside applicants.
(3) When filling vacancies for positions at Pay Grade 26 and above, the
process in Clause 11.2(h) (1) and (2) above shall not apply. In filling those
34.
(a) In making promotions, transfers and demotions, the skills, knowledge and abi!ity
of the employee concerned shall be the primary consideration, and where such
qualifications are equal, seniority shall be the determining factor. Pursuant to
Clause 11.2(h)(3), where internal and external applicants are considered equally
qualified in terms of their skill, knowledge and ability, preference will go to the
internal applicant.
(2) The employee may elect to return to their previously held position,
provided the employee gives written notification before the earlier of:
(i) sixty (60) calendar days after commencing work in the new
position; or
(ii) The closing date of the first posting of their previously held
position; and,
(1) When an employee is promoted to a position the pay range of which does
not overlap that of the former position, the rate of pay shall be the first
step in the salary range of the new position unless special regulations or
the Employer authorizes a higher starting rate.
one (1) step above the maximum step in the range of the highest rated
supervised position.
(4) The provisions of this Clause shall be deemed to apply when the
employee is assigned supervisory responsibilities by the General
Manager or designate which includes directing the course of work of a
subordinate(s), including being responsible for the quality and quantity of
the subordinate's work.
(e) Transfer requests are submitted to, and are subject to the approval of, the
General Manager or designate.
(f) If a position becomes vacant, an employee of the same Department with the
same classification as the vacant position may be transferred into the vacant
position without it being posted. The position subsequently becoming vacant
would be posted and filled in accordance with Clause 11.2(h). Transfers under
this provision shall be subject to the grievance procedure.
(g) Transfers between Departments will be posted and filled in the usual manner.
(h) In the situation where a vacancy does not exist but where it is desirable to switch
or rotate employees of the same classification from one position to another within
a Department, the following procedure will apply: The General Manager or
designate shall discuss the proposed transfer with the employees involved and
shall have the authority to effect the transfer without the positions being posted.
If in the event that the employees concerned feel that such a transfer would result
in some form of inequity or prejudicial treatment, the grievance procedure as set
out in Clause 15 may be initiated.
(a) Except as provided for in Clause 11.4(b), new Regular Full-Time Employees shall
be placed in a probationary capacity until the completion of six (6) months'
service.
Budget Analyst I
Building Inspector I and II
Buyer
Chemist I
Construction Assistant
Coordinator of Volunteers
Data Conversion Supervisor
Engineering Analyst
Microfilm Supervisor
Planner I
Planning Analyst
Plumbing Inspector I
Property Development Officer
Property Negotiator I and II
Research Officer
Senior Property Development Officer
Surveyor I
(c) The probationary period shall be for the purpose of determining an employee's
suitability for permanent employment in that position in which the employee is
placed in probationary capacity. At any time during that period, the employment
of a probationary employee may be terminated if it can be satisfactorily shown
that the employee is unsuitable for permanent employment.
(2) conduct
The provisions of this Clause apply to temporary layoffs while the Letter of Understanding
- Layoff and Recall attached to this Agreement is in effect.
(a) Where in the opinion of the Employer it is necessary to reduce the work force for
any reason, the Employer may lay off Regular Full-Time and Regular Part-Time
Employees covered by this Agreement in order to effect such reduction. The
37.
Employer shall designate the positions of the employees to be laid off and such
employees shall be laid off accordingly.
(b) Regular Full-Time and Regular Part-Time Employees who are subject to a lay-
off under Clause 11.5(a) may exercise their seniority in the Employment Pool by
displacing (bumping) employees with less seniority than their own in positions
which they are, in the opinion of the Employer, qualified to perform. Any
employee who exhausts or fails to exercise bumping privileges shall be
considered laid off. Employees who are completing their initial probationary
period shall have no seniority in the Employment Pool and if they are displaced
pursuant to this clause they shall be laid off. Employees must exercise their rights
under this Clause 11.5(b) not later than ten (10) days following the receipt of
notice of lay-off given pursuant to Clause 11.5(c).
(e) Where the Employer intends a major lay-off of Regular Full-Time or Regular Part-
Time Employees it shall give to the Union and those employees who will be
affected by the lay-off at least sixty (60) calendar days' prior written notice thereof.
For the purposes of this Clause 11,5(e) the words "major lay-off' mean a 10% or
more reduction in the work force within the Employment Pool due to a reduction
in the budget of the Employer. This Clause 11.5(e) does not apply if the reduction
of the work force is due to some other body or employer taking over a department
or part of the operation or business of the Employer.
11.6 Recall
The provisions of this Clause are amended by the Letter of Understanding - Layoff and
Recall attached to this Agreement.
In recalling employees (other than probationary employees) who have been laid off, the
following terms and conditions shall apply
01
(a) the employees must be qualified to perform the work made available to them:
(b) No new employees shall be hired following a lay-off until those employees who
were laid off have been given a reasonable opportunity of recall as follows:
(1) the Employer shall make every reasonable attempt to contact the
employees in order of their seniority in the Employment Pool and the
employees shall be recalled by the Employer in such order provided that
they respond within forty-eight (48) hours of the initial attempt of the
Employer to contact them;
(2) upon making contact with an employee, the Employer shall specify the
time when the employee shall report for work;
(3) an employee who does not respond within forty-eight (48) hours of the
initial attempt of the Employer to make contact, or who refuses to report
for work shall be placed at the bottom of the list of employees eligible for
recall under this clause notwithstanding the employee's seniority in the
Employment Pool,-
(4) an employee notified to return to work shall report at the time and place
specified by the Employer for so doing or, in extenuating circumstances,
within such extended period of time not exceeding fourteen (14) days
from the date of the initial attempt of the Employer to make contact as the
General Manager, Human Resource Services may approve, which
approval shall not be unreasonably withheld;
(5) it shall be the responsibility of all employees who have been laid off and
wish to be recalled by the Employer to keep the General Manager, Human
Resource Services informed of their respective current addresses and
telephone numbers. The Employer shall be considered to have fulfilled
its obligations to recall an employee eligible for recall under this clause by
attempting to contact the employee at the employee's last known address
on the Employer's records;
(6) an employee who is laid off and is eligible for recall under this clause shall
remain on the recall list for a maximum of six (6) months.
The Employer agrees that any reports or recommendations made to the City Council
dealing with matters covered by this Agreement, including recommendations for changes
39.
in method of operation that may affect wage rates, work loads or reduction of
employment, will be communicated to the Union at such interval before they are dealt
with by the City Council as to afford the Union reasonable opportunity to consider them
and make representations to the City Council concerning them and, further, that if
employees are deprived of employment by any implementation of such change they shall
receive priority consideration for other employment with the Employer.
When the General Manager, Human Resource Services issues written directives
regarding the interpretation and/or application of the Collective Agreement, a copy of the
written directive will be provided to the Union.
(a) A copy of any written material concerning any disciplinary action (including
reprimands) affecting an employee shall be given to the employee as soon as
possible after it is recorded in the employee's personnel file.
(b) An employee shall be given a copy of any document placed in the employee's
personnel file which might be the basis of disciplinary action, Should an
employee dispute any such entry in the personnel file, that employee shall be
entitled to recourse through the grievance procedure contained in Clause 15,
The Employer agrees not to introduce as evidence in any hearing arising from a
disciplinary grievance any document from the personnel file of an employee the
existence of which the employee was not aware of at the time of filing.
(c) Upon receiving permission from the General Manager or designate, an employee
may review the contents of their personnel file provided that such review is in the
presence of a person authorized by the General Manager or designate.
(d) For the purpose of this clause 'personnel file' refers to the single official personnel
file maintained by the Employer in the Department in which the employee is
working.
(e) Discipline letters will be removed from an employee's personnel file four (4) years
from the date the letter is issued upon application by the employee provided no
further incident of misconduct has occurred.
The parties agree that upon the written request of the Union for membership data
information, the General Manager, Human Resource Services shall provide to the Union
all of the information that is available from the City's records and will establish a system
for updating and maintaining that information at intervals that are consistent with the
City's system.
40.
The Employer and the Union agree to cooperate with each other in making every
reasonable effort to provide opportunities for older employees or employees with
disabilities to retain employment, recognizing the Employer is not obliged to create work
as part of the accommodation process.
(b) Disposal
Request for changes in rates of pay may come from General Managers or
designates or the Union.
All salary and classification reports involving retroactive dates in excess of three
(3) years must be approved by City Council. No additions to the permanent staff
shall be given effect to without approval of City Council.
(1) the incumbent shall with immediate effect have the rate of pay reduced to
the appropriate new level for the class, and shall at the earliest
reasonable opportunity following such reduction be paid a lump sum
equivalent to twenty-four (24) times the monthly difference between the
former pay rate and the new reduced pay rate; or
(2) for as long as the incumbent continues to occupy any position covered by
this Collective Agreement that employee shall suffer no reduction in the
rate of pay by virtue only of a reclassification downwards or a revaluation
downwards and shall continue to receive all general pay increases and
increments to which there would otherwise have been an entitlement;
provided that at any time during the two (2) years immediately following
the date when the position was reclassified or the class in which the
position was grouped, was revalued, the Employer may unilaterally
promote such incumbent to any other vacant position for which the
employee is qualified, and which is valued at the same level as the
position was formerly valued.
The Union may request the basis for an Employer's decision from the
General Manager, Hurnan Resource Services or designate within
fourteen (14) calendar days of being notified of the decision. Human
Resources will provide this information within fourteen (14) calendar days
of the request or will advise the Union of. any delays in providing the
information. If the Union does not agree with the Employer's decision,
and wishes to pursue the matter, the Union shall refer the issue to Step 1
below within fourteen (14) calendar days of receiving the explanatory
information, giving written reasons why it disagrees with the Employer's
decision and the remedy sought.
(2) Step 1
The Employer will respond to the Union in writing within twenty one (21)
calendar days of the Step 1 meeting. If the grievance is not resolved, the
Union may refer the grievance in writing to Step 2 within twenty one (21)
calendar days of receiving the response.
(3) Step 2
The Employer will respond to the Union in writing within twenty-one (21)
calendar days of the Step 2 meeting.
(4) Arbitration
(a) The parties shall agree on the Arbitrator within fourteen (14)
calendar days of the referral and must request dates from the
Arbitrator at that time.
(b) Where the parties are unable to agree on the Arbitrator within
fourteen (14) calendar days of the referral, either party may apply
to the Director, Collective Agreement Arbitration Bureau within the
following ninety (90) calendar days to make the appointment of an
Arbitrator. If there is no agreement to an Arbitrator and no referral
to the Director, Collective Agreement Arbitration Bureau in
accordance with this Clause, the grievance shall be considered to
be abandoned.
(c) In all other respects, the provisions of the Labour Relations Code
shall apply. The decision of the Arbitrator shall be final and binding
on both parties. Each party shall pay half the expense of the
Arbitrator and the expenses of their representative(s).
(a) The Employer and the Union agree that all parties, including employees, have a
responsibility to provide and maintain a safe work environment and to work
cooperatively to support and develop safe work practices that will not place
individual employees, co-workers, the public or the City at risk.
(b) All relevant regulations of the Workers, Compensation Act shall be observed and
adhered to.
The Employer shall advise the Union and all affected employees of the location of
security cameras andlor other related monitoring equipment used for the general safety
and/or security of the worksite(s) and/or employees prior to the installation of such
equipment.
This provision shall not apply to the investigation or surveillance of employees suspected
of serious misconduct and/or illegal conduct.
The Employer and the Union agree that the following provision shall only apply to those
programs on which the parties agree. It is understood that the intent of the parties is to
identify and agree on the programs to be covered as they arise in order to give force and
effect to this provision.
(a) The Employer and the Union agree to cooperate to create temporary employment
opportunities under Post-Secondary Co-Op programs, student work placement
programs, and for employees hired under grant programs where the work being
performed is beyond the normal hiring requirements or normal seasonal hiring
The Collective Agreement posting, filling vacancies and selection process
provisions shall not apply to these temporary employment opportunities.
(b) Where grant applications require the approval of the Union, such approval will
not be unreasonably withheld.
(c) Post-Secondary Co-Op students will be paid at the rate of pay established by the
educational institute. Where the educational institute does not establish a rate of
pay, the student shall be paid no less than seventy-five percent (75%) of step
one of the rate of pay for the classification they are nominally assigned to but in
no case shall a Co-Op program student be paid less than step one of Pay Grade
13.
(d) Students hired in accordance with student work placement programs under (a)
above shall be paid no less than seventy-five percent (75%) of step one of the
rate of pay for the classification they are nominally assigned to. In no case shall
a student be paid less than step one of Pay Grade 9. This paragraph is not
applicable to the normal seasonal hiring of students.
(e) Grant Employees shall be paid the higher of the grant rate or step one of Pay
Grade 9.
(f) Employees covered by this Clause shall not be entitled to any benefits or paid
time off provisions provided by the Collective Agreement. They shall receive four
percent (4) vacation pay which shall be paid each pay day.
(g) Employees covered by this Clause shall not accumulate any seniority, length of
service or bidding rights or be granted any credit for time worked if they obtain a
regular position.
(h) Employees covered by this Clause shall be covered by the Union Security and
Check-Off provisions of the Collective Agreement.
(i) This Clause does not apply to non-employment opportunities created for students
such as Partners at Work.
45.
12. SENIORITY
(3) When calculating accumulated hours towards seniority, only straight time
hours worked or paid since the last break in service of greater than one
(1) year shall be included in the calculation; provided, however, that the
accumulated hours worked or paid shall not exceed thirty-five (35) hours
times the number of calendar weeks since the last break in service.
(b) Upon becoming a Regular Full-Time employee and completing the probationary
period, an employee's seniority date will be calculated by dividing the employee's
total accumulated hours as per Clause 12.1(a)(3) by 7 hours per day and
converting the number of days to a calendar seniority date. When counting the
days backward, Public Holidays and weekends will not be counted.
Such seniority date shall not thereafter be adjusted for periods of layoff of less
than twelve (12) months or for approved unpaid leave of absence periods of less
than three (3) months. However, in the event that the Letter of Understanding
regarding layoff and recall dated 1997 August 26 is cancelled the above
referenced "twelve (12) months" shall be adjusted to read "six (6) months" for all
periods of layoff subsequent to the cancellation.
(c) Seniority for Regular Part-Time, Auxiliary and Temporary Full-Time Employees
shall be on the basis of all straight time hours actually worked by and/or paid to
an employee while in the bargaining unit subject to Clause 12.1(a)(3) above.
be credited with seniority during the period of Leave based on the average
monthly hours worked over the twelve (12) months preceding the Leave.
(e) The Seniority List shall be updated and a copy provided to the Union once each
year (approximately late January each year).
The application of Seniority is as provided for in the following provisions of the Collective
Agreement: workweek (Clause 11.1), bidding rights and filling vacancies (Clause 11.2),
promotions, transfers and demotions (Clause 11.3), layoffs, bumping and recall (Clauses
11.5 and 11.6), vacation and overtime conflicts (Schedule "I"), and permanent reduction
of the workforce (Letter of Understanding: Re: Layoff and Recall).
(a) Employees who have acquired seniority, terminate and are re-employed within
one (1) year of termination, shall be reinstated on the seniority list except in the
following circumstances:
i. They were terminated for cause; or
ii. They have applied for, or are in receipt of, their own Municipal Pension
Plan pension; or
iii. They have bought out their recall rights.
(b) Employees who have acquired seniority and temporarily leave the bargaining unit
to fill an excluded position or a position in another bargaining unit shall maintain
seniority, subject to the following conditions:
i. Seniority shall no longer accumulate for that time worked outside of
the bargaining unit in excess of twelve (12) consecutive months.
ii. Seniority shall be lost if an, employee works outside the bargaining
unit for more than eighteen (18) months in a thirty-six (36) month
period.
In the event of a legal strike or lockout, the Employer must return to the bargaining
unit any employee filling in an excluded position.
(c) An employee who leaves the bargaining unit for a regular excluded position or a
regular position in another bargaining unit shall be reinstated on the seniority list
if they return before the expiry of their probation or six (6) months, whichever
occurs first.
(i) Official Union Representatives shall include Shop Stewards and Union
Executive Members who are not already on a leave of absence.
47.
All applications for union leave of absence whether with or without pay shall be
granted to Official Union Representatives provided their absence does not
interfere with the Employer's ability to meet operational needs. A minimum of
twenty-four (24) hours' notice shall be provided when requesting a leave of
absence. Such notice may be modified or waived at the discretion of the
Employer in other situations.
Upon application to and upon receiving permission from the employee's General
Manager or designate in each specific case, Official Union Representatives may
be granted:
(i) for any of the purposes outlined in (1) above, additional Official
Union Representatives may be granted leave; or
(ii) to meet with a grievor during the informal complaint stage and
formal stages of the grievance procedure, as well as to prepare
for arbitration hearings.
r"
3. An opportunity to adjust and take their lunch and/or rest breaks in order
to investigate and possibly avoid an alleged grievance; provided such
adjustments do not interfere with the Employer's ability to meet
operational needs.
Upon application to, and upon receiving the permission of the General Manager,
Human Resource Services, Official Union Representatives may be granted leave
of absence without pay:
(ii) to perform duties as a full-time officer of the Union. Such employee shall
not suffer a loss in seniority in the service of the Employer, and shall
continue to accumulate seniority while performing such duties. Upon
retirement from the duties as an officer of the Union, such former Union
officer shall be entitled to return to a position within the class of positions
to which the employee's former position was allocated and for which the
employee is qualified if any position within such class is vacant or held by
an employee with less seniority. If all of the positions within such class
are held by employees with more seniority or have been abolished, such
former Union officer shall return to any vacancy at or below their previous
pay grade for which they are qualified; or,
Both parties agree that an employee has the right to have a Union Representative
present when disciplinary action may be taken. The Employer agrees to contact the
Union office and provide:
(a) At least one (1) full business days notice of the time and location of a meeting
under this Clause; and
(b) At least three (3) hours notice of the employee's contact information on file so
the Union can contact the employee and provide a Union representative if the
employee so wishes.
Where the employee elects not to have a Union representative present, or a Union
representative is not available for the meeting, the absence of a Union representative
49.
shall not affect the Employer's right to discipline, suspend or dismiss. Nothing in this
provision shall prevent the Employer from meeting with an employee or taking immediate
disciplinary action in addressing serious workplace violations.
The Employer shall forward a copy of all disciplinary letters to the President of CUPE
Local 15. A breach in this regard shall not void the discipline.
15.1 Grievances
(a) Step 1
(2) A meeting shall be held within fourteen (14) calendar days of the date on
which the Supervisor is advised of the complaint. If this is not possible,
the complaint may be referred to Step 2 of the formal grievance
procedure. The purpose of this meeting is to review the circumstances
giving rise to the incident, and to determine whether the complaint can be
satisfactorily resolved without using the formal grievance procedure. At
the option of the employee, a Union Representative may be present at
the meeting.
(3) If the employee is not satisfied with the Supervisor's response or if the
Supervisor does not respond within seven (7) calendar days of the
meeting, the Union Representative may choose to advance the complaint
to Step 2 of the formal grievance procedure.
(2) A grievance meeting will be held with the General Manager or designate
within twenty-one (21) calendar days of the Union Representative filing
the grievance. If the General Manager or designate is unable to meet
within twenty-one (21) calendar days, the Union has fourteen (14)
calendar days from the date the meeting should have been held to refer
the matter to Step 3.
(3) The General Manager or designate will respond in writing within fourteen
(14) calendar days of the meeting.
(c) Step 3
(2) Upon receiving the notice that the grievance has been referred to Step 3,
the General Manager, Human Resource Services or designate and the
Union shall make every reasonable effort to meet within twenty-one (21)
calendar days of the Union Representative advancing the grievance to
Step 3.
(4) If the grievance is not resolved at Step 3, the Union may advance the
grievance to arbitration by advising the General Manager, Human
Resource Services in writing within twenty-eight (28) calendar days of the
date of the Step 3 response.
(d) Arbitration
(1) The parties shall use a single Arbitrator, unless both parties want a three
(3) member Arbitration Board which shall consist of one (1) member
appointed by each party and a Chairperson mutually appointed by the
Employer and the Union.
(2) The Employer and the Union shall mutually agree on the Arbitrator or the
Chairperson within fourteen (14) calendar days of the referral.
(4) In all other respects, the provisions of the Labour Relations Code shall
apply. The decision of the Arbitrator or Arbitration Board shall be final
and binding on both parties. Each party shall pay half the expense of the
Arbitrator or Chairperson and the expenses of their representative.
The parties agree to meet at least thirty (30) days prior to an arbitration hearing
to discuss the issues in dispute and reach resolution if possible.
Employer-initiated grievances shall have the same time limits and procedures as
Union-initiated grievances.
(a) When a "dispute", as defined in the Labour Relations Code, arises between the
parties, including any difference concerning the interpretation, application,
operation or alleged violation of this Agreement which does not specifically
involve an employee, the matter may be submitted in writing by the Union to the
General Manager, Human Resource Services or, alternatively, by the Employer
to the Union.
(b) The General Manager, Human Resource Services and the Union will make every
reasonable effort to meet and discuss the grievance within twenty-one (21)
calendar days of the notification of the grievance.
(c) The responding party will respond to the grievance within fourteen (14) calendar
days of the meeting.
(d) If a satisfactory settlement is not reached between the General Manager, Human
Resource Services and the Union, the grieving party may refer the matter to the
City Manager (or the Union where applicable) within fourteen (14) calendar days
of the response.
(e) The City Manager and the Union Representative will make every reasonable
effort to meet and discuss the grievance within twenty-one (21) calendar days of
the referral under (d) above.
(f) The responding party will respond to the grievance within fourteen (14) calendar
days of the meeting.
(g) If the grievance is not resolved through the above process, the grieving party may
refer the grievance to Arbitration as provided for in Clause 15.1(d).
52.
When an employee is suspended, the Union Representative may file a grievance directly
at Step 2, bypassing Step 1. When an employee is dismissed, the Union Representative
may file a grievance directly at Step 3, bypassing the Step 1 and Step 2. In both
situations, the Union Representative shall file the grievance within fourteen (14) calendar
days of the date the employee is notified of the suspension or dismissal.
15.4 Variations
The parties may mutually agree to vary the procedure or to alter the timelines.
During the term of this Agreement any disputes arising in relation to adjustment to
technological change shall be discussed between the bargaining representatives of the
two parties to this Agreement.
(b) alters significantly the basis upon which this Agreement was negotiated,
either party may, if the dispute cannot be settled in direct negotiations, refer the matter
directly to an arbitration board constituted under 15.1(d) of this Agreement, by-passing
all other steps in the grievance procedure.
The arbitration board shall decide whether or not the Employer has introduced, or intends
to introduce a technological change, and upon deciding that the Employer has or intends
to introduce a technological change the arbitration board:
(b) may then or later make any one or more of the following orders:
(1) that the change be made in accordance with the terms of this Agreement
unless the change alters significantly the basis upon which this
Agreement was negotiated;
(2) that the Employer will not proceed with the technological change for such
period, not exceeding ninety (90) days, as the arbitration board considers
appropriate;
(3) that the Employer reinstate any employee displaced by reason of the
technological change;
53.
(4) that the Employer pay to that employee such compensation in respect of
the displacement as the arbitration board considers reasonable.
The Employer will give to the Union in writing at least ninety (90) days' notice of any
intended technological change that:
(b) alters significantly the basis upon which this Agreement was negotiated.
17 EMPLOYMENT EQUITY
The Employer and the Union agree with employment equity programs which will assist
visible minorities, persons with disabilities, First Nations people, and women in gaining
entry into employment and which will provide opportunities for advancement.
It is agreed that any general conditions presently in force which are not specifically
mentioned in this Agreement and are not contrary to its intentions shall continue in full
force and effect for the duration of this contract.
All employees covered by this Agreement shall be subject to the provisions of the
Occupational Health Plan as agreed to between the Employer and the Union.
The Employer and Union agree that any form of discrimination (including sexual
harassment) under the prohibited grounds of the B.C. Human Rights Code shall not be
tolerated in the workplace.
21. HARASSMENT
The Employer and the Union recognize the right of employees to work in an environment
free from harassment.
54.
On the request of either party, the parties shall meet for the purpose of discussing issues
relating to the workplace that affect the parties or any employee bound by this
Agreement.
It is agreed between the parties hereto that the Schedules and Letters of Understanding
annexed hereto shall form part of this Agreement.
IN WITNESS WHEREOF the parties hereto have caused these presents to be executed under
the hands of their respective proper officers duly authorized in that behalf, as of the day and year
first above written.
10
)4/ CLERIS Date Signed
SI~ 5,a04,23
PRESIDENT Date Signed
SCHEDULE"AI
(up-to-date as of 2022 October 19)
Standard
Daily/
Class Pay Weekly
No. Notes Class Title Grade Hours
722 Accountant - Equipment Branch 24 7/35
71 Accountant 1 24 7/35
2196 Accountant II 27+ 7/35
61 Accounting Clerk 1 14 7/35
63 d Accounting Clerk II 18 7/35
65 Accounting Clerk III 20 7/35
67 Accounting Clerk IV 22 7/35
1414 Activity Leader 14 7/35
146 Administrative Coordinator - Community Services 20 7/35
403 n,w Animal Control Officer 1 18 7/35
411 n,w Animal Control Officer II 19 7/35
1481 Applications Systems Specialist 27♦ 7/35
490 Architectural Technician 1 20 7/35
2250 Architectural Technician II 22 7/35
1418 Archival Assistant 1 15 7/35
635 Archival Assistant II 19 7/35
639 Archivist 23 7/35
2158 a Asbestos Program Coordinator 22 7/35
2003, Assistant Director - Community Resource Centre 25 7/35
36 Assistant to Council Committees 22 7/35
1483 Assistant to the Councillors 19 7/35
503 Assistant, Development Permit Board 21 7/35
9192 Audience Services Event Liaison 18 8/40
170 y Bindery Worker 12 7/35
8065 Booking and Sales Coordinator 21 8/40
102 Budget Analyst 1 25 7/35
9208 Budget Analyst II 27 7/35
86 Budget Analyst 111 29♦ 7/35
8015 w,x Building Cleaner 7%!37'/2
2147 nc Building Hazardous Materials Technician 21 7/35
125 Building Management Officer 1 21 7/35
126 Building Management Officer II 25 7/35
2154 w Building Services Supervisor 1 19 7%2/37'/
633 Building Services Supervisor II 22 7'/2/37'/
621 v,w,g Building Worker 13 7'/2/37'/2
1351 Business Systems Administrator 28 7/35
2374 Buyer 21 7/35
117 Buyer II 24 7/35
410 By-Law Enforcement Coordinator 25 7/35
56.
Standard
Daily/
Class Pay Weekly
No. Notes Class Title Grade Hours
Standard
Daily/
Class Pay Weekly
No. Notes Class Title Grade Hours
Standard
Daily/
Class Pay Weekly
No. Notes Class Title Grade Hours
Standard
Daily/
Class Pay Weekly
No. Notes Class Title Grade Hours
Standard
Daily/
Class Pay Weekly
No. Notes Class Title Grade Hours
Standard
Daily/
Class Pay Weekly
No. Notes Class Title Grade Hours
Standard
Daily/
Class Pay Weekly
No. Notes Class Title Grade Hours
(a) These positions may be required to work a continuous 7'/z hour day by continuing to
work through their one-half ('/z) hour lunch period at straight-time hourly rates.
(b) One Engineering Assistant IV position in Sewers Operation may be required to work a
371/2 hour work week with a 7:00 a.m. start.
(c) Position works 37'/2 hour work week and is paid non-standard hourly rates.
(d) These positions work a 37'/2 hour work week, where applicable.
(e) These positions work a 37%2 hour work week and receive 2.3% in lieu of rest periods
where applicable.
(h) Position works a 40 hour work week and receives 2.3% in lieu of rest periods, where
applicable.
(i) Office Support Clerk II positions working at National Yards may be required to work
through lunch and have the thirty (30) minute lunch period used to adjust the start or end
time of their shift
63.
(k) Employees hired during the summer to work as Traffic Painter I may work the same daily
hours as applicable to Regular Full-Time Traffic Painter I at straight-time rates.
(s) The effective range for these classifications is from Step 3 to Step 5.
(t) Steps 4 and 5 only because of requirement to supervise Theatre Attendant Is.
(u) Employees who are required by the Employer to perform first aid duties in addition to
their normal duties and who hold a valid Workers' Compensation Board Occupational
Health and Safety First Aid Certificate shall be paid a premium in accordance with the
certificate required by the Employer as follows:
The Employer will pay course fees, including recertification course fees, for the OFA
Level II and/or III course for employees who are required to have such certification.
(v) A premium of fifty cents (50¢) per hour shall be paid to Building Workers and Security
Attendants while they are cleaning up body waste at Carnegie Centre, Gathering Place
or the Evelyne Saller Centre.
(x) The following classes deviate from the pay plan and are paid as follows:
Class Effec.
No. Notes Class Title Date Step 1 Step 2 Step 3 Step 4 Step 5
(y) These positions receive an increment each six months, and all others annually, except
as provided below.
Eligibility for advancement from one step (increment) to the next is as follows:
Unregistered Professionals:
Employees in the following classes who are not registered professionally are covered by the
Collective Bargaining Agreement:
81 Auditor II Pay Grade 28
217 Civil Engineer I Pay Grade 28
218 Civil Engineer 11 Pay Grade 30
219 Civil Engineer III Pay Grade 33
240 Electrical Engineer I Pay Grade 28
214 Surveyor Pay Grade 28
215 Surveyor 11 Pay Grade 30
65,
Weeks Hours
Where employees have a normal work week that is different than thirty-five (35) hours per week,
they shall be paid their hourly rate multiplied by the number of hours worked.
66.
SCHEDULE "A" (cont'd) Page 12
PAY PLAN
SCHEDULE "B"
Table of Contents:
Preamble
Part D Seniority
PREAMBLE
1 Employees (Auxiliary or Temporary Full-Time) who have less than one (1) year of
continuous work in a temporary full time capacity.
2. Temporary Full-Time employees hired into a posted Temporary Full-Time position but
who have not yet worked continuously in the position for one (1) year.
Clauses omitted from Part A do not apply and those clauses in Part A referenced to Part B or Part
D of this schedule apply only as specified in Part B or Part D of this schedule.
Temporary Full-Time Employees who have worked continuously for a minimum of two (2) years
following their appointment to a posted position in one of the business units shall be converted to
regular full time status and this Schedule "B" shall no longer apply to them_
Part C of this Schedule applies to employees who have worked continuously for one (1) year or
more in a Temporary Full-Time capacity and continue to work in a Temporary Full-Time capacity.
Part D of this Schedule applies to all Auxiliary and Temporary Full-Time Employees who have
acquired seniority pursuant to Clause 12 of the Collective Agreement.
71
1. DEFINITIONS
2. TERM OF THE AGREEMENT
3. UNION SECURITY
4. RIGHTS OF MANAGEMENT
5. REMUNERATION
5.1 Salary Schedule
5.2 Shift Premium
5.3 Hiring Above First Step.. (Temporary Full-Time Employees only)
5.4 Effective Date for Individual Adjustments
5.5 Derivation of Biweekly and Monthly Rates
5.6 Premium Pay for Fluency in a Second Language
SCHEDULE "A" (including Footnotes for Pay Plan Structure section, where applicable)
SCHEDULE "D"
SCHEDULE "E" (as applicable)
SCHEDULE "F"
LETTER OF UNDERSTANDING — Telecommuting...... (Temporary Full-Time
Employees only)
LETTER OF UNDERSTANDING — Long Term Replacement of Regular
Employees......(Temporary Full-Time Employees only)
LETTER OF UNDERSTANDING —Expedited Dispute Resolution Process
LETTER OF UNDERSTANDING — Union-Paid Leave for Employees Who Are Not
"Official Union Representatives"
LETTER OF AGREEMENT — City Use of Agency Personnel (Temporary Full Time
Employees only)
73.
The Parties may mutually establish Complementary Classifications. Such determinations shall
not establish a precedent.
Should an Auxiliary temporarily leave their customary classification to perform the duties
associated with a higher paying Complementary Classification, such Auxiliary employees shall
receive:
a) Where the new pay range overlaps that of the former Complementary Classification, the
rate of pay shall be one step above the employee's present rate; or
b) Where the new pay range does not - overlap that of the former Complementary
Classification, the rate of pay shall be the first step in the salary range of the new
Complementary Classification.
The increase shall only apply for the duration of the assignment. On return to the "home"
classification, step placement will factor in hours worked at the higher-rated Complementary
Classification.
B. 8.1 Overtime
(a) Overtime compensation shall be paid for all overtime worked at time and one-half
(1.5x) the regular rate of pay for the first two (2) hours of overtime worked in excess
of eight (8) hours in a day or forty (40) straight time hours in a week and double
(2x) the regular rate of pay for all overtime in excess of the first two (2) hours.
(b) When an employee has not worked forty (40) straight-time hours on five (5) days
during the week, the employee may work on the sixth (61) and/or seventh (7'") day
of work in that week at straight-time pay until such time as the employee has
worked forty (40) straight-time hours and thereafter overtime provisions shall
apply.
(c) Employees shall not have less than thirty-two (32) consecutive hours free from
work between each week. Where an employee works within the thirty-two (32)
hour free period, the time worked during the work free period shall be subject to
the appropriate overtime provisions.
(1) the greater of eight (8) hours in a day or the daily hours for the compressed
workweek; or,
(2) the greater of forty (40) straight time hours in a week or the straight time
hours the compressed work week schedule would have included in that
week.
Overtime shall be paid on the basis of time and one-half (1.5x) the regular
rate of pay for the first two (2) hours of overtime and double (2x) the regular
rate of pay for all overtime in excess of the first two (2) hours.
(b) When an employee has not worked forty (40) straight-time hours during the week,
the employee may work additional hours that week at straight-time pay until such
time as the employee has worked forty (40) straight-time hours and thereafter
overtime provisions shall apply.
(c) Employees shall not have less than thirty-two (32) consecutive hours free from
work between each week. Where an employee works within the thirty-two (32)
hour free period, the time worked during the work free period shall be subject to
the appropriate overtime provisions.
(3) Where an additional shift would create an overtime situation, an employee has a
responsibility to obtain approval from the supervisor(s) involved before working extra
shift(s)-
An employee who is required to return to work without prior notice following the completion of
their scheduled shift shall be entitled to double (2X) their regular rate of pay for the time worked
with a minimum three (3) hours.
Where an employee is called and offered additional hours, but is not required to report to work,
this callout provision shall not apply
B. 8.3 Standby
When an employee is specifically required to stand by and be available for a callout, they shall be
entitled to:
• one (1) hour's pay at the employee's regular rate of pay for each full period of eight (8) hours.
• one-half (1/2) hour's pay at the employee's regular rate of pay when the standby time exceeds
a multiple of eight (8) hours and the remainder of the stand-by time is not more than one-half
(1/2) of the standby period of eight (8) hours.
(a) Employees who are required to work overtime while relieving in a Regular Full Time
position shall be eligible for one-half (1/2) hour paid Meal Breaks at double (2x) the
employee's regular rate of pay.
75.
SCHEDULE "B" (cont'd) Page 6
(b) Employees who are required to work overtime on the sixth (6th) and seventh (7th) day of
the week pursuant to Clause B.8.1(b) shall be eligible for a one-half (1/2) hour paid meal
break at the applicable overtime rate.
An employee receiving twelve percent (12%) or sixteen percent (16%) in lieu of benefits as per
B.10 of this Schedule may, upon request, be granted leave of absence without pay for vacation,
compassionate leave, court and jury duty purposes, with scheduling subject to operational
requirements, where appropriate.
A public holiday will be treated as a normal working day and an employee who works on a public
holiday will be paid straight time rates for the hours worked on the holiday and at normal overtime
rates for any hours worked in excess of normal daily or weekly hours.
Compensation for public holidays is otherwise covered in the percentage paid in lieu of benefits.
B. 1.0 _ Employee Benefits and Percentage in Lieu of Benefits Reelaces 10.2,.3, 4,_6_811
(a) Employees (Auxiliary or Temporary Full-Time) who have less than one (1) year of
continuous work in a Temporary Full-Time capacity.
(1) From date of hire to the completion of 1200 hours of work in two consecutive
calendar years, employees shall be paid an amount equal to twelve percent (12%)
of their regular earnings in lieu of all employee benefits, including group life,
medical, extended health, dental, vacation, public holidays, sick leave, gratuity,
compassionate leave, court attendance and jury duty.
(2) After completing 1200 hours of work in two (2) consecutive calendar years,
employees shall be paid an amount equal to sixteen percent (16%) of their regular
earnings in lieu of all employee benefits, including group life, medical, extended
health, dental, vacation, public holidays, sick leave, gratuity, compassionate leave,
court attendance and jury duty.
(b) After completing one (1) year of continuous work in a Temporary Full-Time capacity,
Temporary Full-Time employees shall be entitled to the provisions of Schedule "B", Part
C.
(c) Upon appointment to a Temporary Full-Time position, Regular Part-Time employees shall
be entitled to the provisions of Schedule "B" Part C.
Entitlement to Maternity and Parental leave shall be as per the Employment Standards Act. The
employee shall follow similar processes to 10.9(b) regarding notice requirements and
commencement of leave.
76.
Employees who have less than one (1) year of continuous service and who leave service for
reasons other than termination for cause, and are subsequently re-employed within one (1) year
from the date of leaving shall be reinstated at their previous percentage in lieu of benefits, their
accumulations for increments at the various pay grades reinstated and shall be credited with their
previous accumulation of hours towards a change in the percentage in lieu of benefits or waiver
of benefit waiting periods.
The Pension (Municipal) Act shall apply as appropriate to Temporary and Auxiliary Employees,
The standard daily and weekly hours for Auxiliary or Temporary Full-Time Employees shall, for
purposes other than overtime (eg.: increments, determining employee status, etc.), be deemed
to be those found in Schedule "A" of the Collective Agreement_ Overtime shall be in accordance
with B. 8.1 (1) or (2) as applicable. Where an employee works a shift that is longer than five (5)
consecutive hours, the Employer shall schedule an unpaid eating period during the shift so as to
prevent the employee from working more than five (5) consecutive hours without an unpaid eating
period. On a day where an employee works:
(a) Between four (4) and six (6) hours, these hours of work are inclusive of one (1) ten (10)
minute paid rest period where operationally feasible; or
(b) More than six (6) hours, these hours of work are inclusive of one (1) ten (10) minute paid
rest period, or
(c) Seven (7), seven and one-half (7%), or eight (8) continuous hours of work in a manner
consistent with 11.1.A, these hours of work are inclusive of two (2) ten (10) minute paid
rest periods.
This is not applicable where there is an agreement between the Employer and the Union for an
employee(s) to work through their eating or rest periods.
B. 11.2(a) Before filling any vacant temporary position which is expected to exceed five (5)
months in duration, notice of such vacancy shall be posted for ten (10) days in
such conspicuous places as may be designated by the Employer at work sites of
the Employment Pool.
B. 112(c)(2) Positions not previously posted as in Clause 11.2(a) above and filled by Temporary
Full-Time Employees shall be examined after four (4) months to determine if they
are expected to run longer than five (5) months or to be converted to regular status.
Positions that are expected to continue beyond five (5) months or positions that
are converted by Council to regular status shall be posted in the usual manner
provided that the position may be automatically extended beyond five (5) months
for a period not to exceed four (4) months in duration in order to either post and fill
77.
the position or to cover the balance of the assignment where it is clear the
assignment will end within the four (4) month period. The parties may mutually
agree to extend such timelines in the event a temporary position is in the process
of being converted to regular status by Council.
2. When an employee moves from any Temporary Full-Time position to another Temporary
Full-Time position:
(a) If the new position is at a higher pay grade, they will receive Step 1, or that step
which does not lead to a reduction of pay from their previous position, whichever
is greater.
(b) If the new position is at a lower pay grade, they will receive the step reflective of
their overall service at or above the new pay grade.
3. When an Auxiliary Employee moves from their auxiliary work into a Temporary Full-Time
position:
(a) If the new position is at a higher pay grade, they will receive Step 1, or that step
which does not lead to a reduction of pay from their home classification, whichever
is greater.
(b) If the new position is at a lower pay grade, they will receive the step reflective of
their overall service at or above the new pay grade.
1. Where ranges exist, eligibility for advancement from one (1) step to the next (increment)
shall be based on the completion of the equivalent number of hours as a Full-Time
Employee occupying a 35-hour per week position. Increments shall apply in accordance
with Schedule "A" based on the equivalent number of hours for six (6) month and twelve
(12) month increments.
For example
3. All hours worked as a Temporary Full-Time and/or Auxiliary Employee at the same pay
grade are accumulated for the purpose of determining eligibility for increments in any
classification at the pay grade.
1 Contract Clauses
Such employees will be covered by all clauses in the Collective Agreement except:
The standard daily and weekly hours shall be deemed to be those found in Schedule "A"
of the Collective Agreement or, if the Employee is on a compressed work week, the daily
and weekly hours shall be in accordance with the rules of the applicable compressed work
week. An employee's eating period shall be scheduled such that the employee does not
work more than five (5) consecutive hours without an unpaid eating period. This is not
applicable where there is an agreement between the Employer and the Union for the
employee(s) to work through their eating period.
Employees who qualify for the SEIB plan shall receive SEIB plan benefits to the end of
their temporary term of employment or the end of the SEIB plan benefit, whichever comes
first.
4. Change in Status
An employee who reverts to auxiliary status shall be placed on sixteen percent (16%) in
lieu of all benefits and paid leaves. if the employee subsequently receives a new
temporary assignment that is three (3) months or more the employee shall immediately
be placed back on benefits with no further waiting periods.
5 Re-emoloyment
An employee who has worked one (1) continuous year or longer and who leaves service
for reasons other than termination for cause, and is subsequently re-employed within one
79.
(1) year from the date of leaving for a Temporary Full-Time assignment that is three (3)
months or more, shall immediately be placed back on benefits with no further waiting
periods. Any previously accumulated hours for increments at the various pay grades shall
be reinstated.
If re-employed as an Auxiliary or the Temporary Full Time assignment is less than three
(3) months, the employee will receive sixteen percent (16%) in lieu of benefits and paid
leaves.
PART D —SENIORITY
(a) Auxiliary and Temporary Full-Time Employees who acquire seniority pursuant to Clause
12 of the Collective Agreement shall be entitled to use their accumulated seniority for the
purposes of distinguishing between equivalently qualified applicants to posted positions in
accordance with Clause 11.3(a) of the Collective Agreement.
(b) Employees who have acquired seniority, terminate and are re-employed within one (1)
year of termination, shall be reinstated on the seniority list except in the following
circumstances:
(i) They were terminated for cause; or
(ii) They have applied for, or are in receipt of, their own Municipal Pension Plan
pension benefits.
(c) Temporary Full-Time Employees who are eligible to have their seniority reinstated under
Part D (b) above, shall be entitled, during the one (1) year period referenced in Part D (b)
above, to apply for postings as internal applicants and shall receive the same
consideration under 11.3(a) as other internal applicants.
Auxiliary or Temporary Full-Time Employees appointed to a Regular Full-Time position shall have
their temporary or auxiliary hours worked subsequent to 1999 July 01 considered for the purposes
of determining benefit waiting periods, increments, prorated vacation, vacation entitlement and
length of service date.
SCHEDULE "C"
Preamble
Part A and Part B of this Schedule apply to Regular Part-Time Employees covered by this
Agreement. Clauses omitted from Part A do not apply nd those Clauses in Part A referenced in
Part B of this Schedule apply only as specified in Part B of this Schedule.
1. DEFINITIONS
3. UNION SECURITY
4. RIGHTS OF MANAGEMENT
5. REMUNERATION
5.1 Salary Schedule
5.2 Shift Premium
5.3 Hiring Above First Step in the Salary Range
5.4 Effective Date for Individual Adjustments
5.5 Derivation of Biweekly and Monthly Rates
5.6 Premium Pay for Fluency in a Second Language
7. TRANSPORTATION ALLOWANCE
12. SENIORITY
21. HARASSMENT
.S.CHEDULE "A" (including Footnotes for Pay Plan Structure section, where applicable)
LETTER OF UNDERSTANDING — Union-Paid Leave for Employees Who Are Not "Official Union
Representatives"
83.
B. 8.1 Overtime
(a) Overtime compensation shall be paid for all overtime worked at time and
one-half (1.5X) the regular rate of pay for the first two (2) hours of
overtime worked in excess of eight (8) hours in a day or forty (40) straight-
time.hours in a week and double (2X) the regular rate of pay for all
overtime in excess of the first two (2) hours.
(b) When an employee has not worked forty (40) straight-time hours on five
(5) days during the week, the employee may work on the sixth (611) and/or
seventh (7'") day of work in that week at straight-time pay until such time
as the employee has worked forty (40) straight-time hours and thereafter
overtime provisions shall apply.
(c) Employees shall not have less than thirty-two (32) consecutive hours free
from work between each week. Where an employee works within the
thirty-two (32) hour free period, the time worked during the work free
period shall be subject to the appropriate overtime provisions.
(2) Overtime for Employees Working in Areas with Compressed Work Week Hours
(1) the greater of eight (8) hours in a day or the daily hours for the
compressed work week; or
Overtime shall be paid on the basis of time and one-half (1.5X) the
regular rate of pay for the first two (2) hours of overtime and double (2X)
the regular rate of pay for all overtime in excess of the first two (2) hours.
(b) When an employee has not worked forty (40) straight-time hours during
the week, the employee may work additional hours that week at straight-
time pay until such time as the employee has worked forty (40) straight-
time hours and thereafter overtime provisions shall apply.
(c) Employees shall not have less than thirty-two (32) consecutive hours free
from work between each week. Where an employee works within the
84.
thirty-two (32) hour free period, the time worked during the work free
period shall be subject to the appropriate overtime provisions.
(3) Where an additional shift would create an overtime situation, an employee has
a responsibility to obtain approval from the supervisor(s) involved before working
extra shift(s).
(a) Employees who are required to work overtime while relieving in a Regular Full-
Time position shall be eligible for one-half ('/z) hour paid Meal Periods at double
(2x) the employee's regular rate of pay.
(b) Employees who are required to work overtime on the sixth (6th) and seventh
(7th) day of the week pursuant to Clause 8.1(b) shall be eligible for a one-half
(Yz) hour paid meal period at the applicable overtime rate.
(2) Medical, Extended Health, Group Life and Dental on the same basis as
Full-Time Employees effective the first day of the month following the
date of hire; the Employer and employees shall pay their contractual
portion of the premiums for Extended Health, Group Life, and Dental, and
the employee shall pay 100% of the premium for Medical;
(3) sick leave and gratuity plan coverage on a prorated basis (including a
proration of the maximum sick leave and gratuity accumulation),
calculated on the same proportionate basis as the Regular Part-Time
Employee's weekly schedule of core hours bears to the full-time hours
for that class of positions; Regular Part-Time Employees shall qualify
after completion of six (6) calendar months' service based on the Regular
Part-Time Employee's schedule of hours;
(b) Where a Regular Part-Time Employee's core hours are reduced such that the
employee no longer qualifies as a Regular Part-Time Employee, the benefit
coverage will cease at the end of the month in which the hours are reduced and
the employee shall be paid either twelve percent (12%) or sixteen percent (16%)
E.
in lieu of all benefits and paid leaves depending on whether or not they have
worked 1200 hours in two (2) consecutive calendar years.
(c) Regular Part-Time Employees shall also be entitled, on a prorated basis, to the
same Bereavement Leave and Court/Jury Duty Leave and, on a full basis to the
same Maternity Leave and Parental Leave to which Regular Full-Time
Employees are entitled, provided that a Regular Part-Time Employee shall not
be paid the ten percent (10%) in lieu of benefits when on unpaid leave of
absence.
B. 10.6A(1)(i) Sick Leave Advance (Employees shall be eligible for an advance of prorated sick
leave days on the same basis as Regular Full-Time Employees, i.e. on June 30
and December 31)
The standard daily and weekly hours for Regular Part-Time Employees shall, for
purposes other than overtime (e.g.: increments, determining.employee status, etc.), be
deemed to be those found in Schedule "A" of the Collective Agreement. Overtime shall
be in accordance with 8.1(1) or (2), described above, as applicable. Where a Regular
Part-Time Employee works a shift that is longer than five (5) consecutive hours, the
Employer shall schedule an unpaid eating period during the shift so as to prevent the
employee from working more than five (5) consecutive hours without an unpaid eating
period. On a day where an employee works:
(a) Between four (4) and six (6) hours, these hours of work are inclusive of one (1) ten
(10) minute paid rest period where operationally feasible; or
(b) More than six (6) hours, these hours of work are inclusive of one (1) ten (10) minute
paid rest period; or
(c) Seven (7), seven and one-half (7'/z), or eight (8) continuous hours of work in a
manner consistent with 11.1.A, these hours of work are inclusive of two (2) ten (10)
minute paid rest periods.
This is not applicable where there is an agreement between the Employer and the Union
for an employee(s) to work through their eating or rest periods.
B. 11.6 Recall
It being understood that as noted in the Letter of Understanding on Layoff and Recall, for Regular
Part-Time Employees the buyout of recall rights shall be on a prorated basis calculated on the
same proportionate basis as the Regular Part-Time Employee's weekly schedule of core hours
bears to the full-time hours for that class of position.
Where ranges exist, eligibility for advancement from one step to the next (increment) shall be
based on the completion of the equivalent number of hours as a full-time employee occupying a
thirty-five (35) hour per week position. Increments shall apply in accordance with Schedule "A"
based on the equivalent number of hours for six (6) month and twelve (12) month increments.
For example:
All hours worked as a Regular Part-T;me Employee, including those hours worked as a
Temporary Full-Time Employee and Auxiliary Employee, at the same pay grade are accumulated
for the purpose of determining eligibility for increments in any classification at the pay grade.
SCHEDULE "D"
In the table the figure to the left of the oblique stroke shows the number of working days* of regular
annual vacation.
The figure to the right of the oblique stroke shows the number of working days of supplementary
vacation, and appears in the calendar year in which they are credited to an employee. These
supplementary vacation days may be taken in any of the years beginning with the one in which
they were credited but prior to the one in which the next five (5) days are credited.
Example:
An employee hired in 2002 is in their (1111) calendar year during 2012. The employee in 2012 will
be credited with 5 supplementary working days which may be taken at any time between 2012
and 2016, both years included. In 2017 the employee will be credited with a further 5
supplementary working days, etc.
*The working day entitlement is based upon a five (5) day work week
SCHEDULE "D" (cant'd) Page 2
1 1977 Neqotiations
With respect to the Unions' proposal for a Compressed Work Week based on present
hours, it is agreed that decisions regarding whether or not, and if so, to what extent
compressed work weeks should be introduced should be made in local discussions
between the Employer and the Union. It is agreed, however, that arrangements for the
conversion of fringe benefits from a 5-day week basis to a 4-day week basis or to a 9-day
fortnight basis shall be made in accordance with one or other of the standard formulas the
details of which are set forth in Appendix "1" which is attached to this Schedule.
It is expressly agreed that the various formulas which are to be included within all new
agreements, are to be based upon the principle that any adjustment from a 5-day week is
to be accomplished with neither any additional salary or benefit cost to the Employers nor
any reduction in the salaries or benefits received by their employees.
Both parties agree to the principle of job training programs. The details and
implementation of employee training programs designed to improve employee
effectiveness shall be a topic of local discussions.
It is agreed that the Theatre Manager shall provide prior notice to the Theatre Attendant
III concerning security arrangements for performances whenever possible.
2. 1986-1987 Neqotiations
The Employer shall provide the Union with a minimum of sixty (60) days' notice of any
change of carrier providing Group Life coverage. The Employer shall review annually with
the Union the status of their Group Life Plan and any surpluses generated by the Plan
experience shall be utilized to provide a premium holiday for both Employer and
employees in accordance with current cost sharing of premiums unless other
arrangements mutually satisfactory to the parties can be reached.
90.
1994-1996 Negotiations
The Employer and the Union agree that the three (3) hour minimum per call to work
continues. Employees may be scheduled in advance to work continuously to cover one or
more work assignments. In these cases, employees will be paid for four (4) hours or the
hours worked, whichever is greater. It is understood that working continuously means
there shall be no period of unpaid time during a shift except where employees have been
scheduled in advance to work continuously for a period greater than five (5) hours in which
case they are entitled to an unpaid meal break of no longer than one (1) hour.
Notwithstanding the Employer's prior notice to cease providing free parking commencing
1995 January 01, the Employer agrees to delay the implementation of a paid parking
system and will provide employees who currently have free parking available to them with
sixty (60) days' notice prior to the date a paid parking system is implemented. Prior to such
implementation, the Employer will meet with the Union to discuss impacts and issues and,
effective 2004 June 17, the Employer further commits that any moneys collected as part
of the Employer-paid parking program will be applied to an Employer transportation
program.
Effective 1997 August 26, the Employer and Union agree to delete the $1,000 paid up
coverage for retirees. The Employer shall have the option of working out an arrangement
with retirees to pay out a portion of the benefit.
The Employer and the Union agree to adjust Building Maintenance, Building Service. and
Building Cleaner positions as follows:
(a) adjust the hours of work to 37.5 per week for employees currently working 37 hours
per week in Building Maintenance, Building Service, and Building Cleaner
positions;
(b) incumbents in those classes currently working 35 hours per week shall have the
option of moving to 37.5 hours per week;
(c) any new employees in these classes shall work 37.5 hours per week;
and make the necessary adjustments to the Agreement including Schedule "A" and
Schedule "A" notes.
3
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SCHEDULE "E" (cont'd) Page 3
5. 2003-2006 Negotiations
As soon as possible after the date of ratification of the Memorandum of Agreement, the
Employer and the Union agree to establish a joint Union-Management sick leave
committee consisting of not more than three (3) representatives of the Union'and three (3)
representatives of the Employer. Where the Union representatives are employees of the
Employer (not including employees on a leave of absence), they shall be eligible for leave
without loss of pay for meetings of the committee.
The purpose of the committee shall be to discuss ways to address excessive and
inappropriate usage of sick leave in order to recoup lost productive time and to review the
issue of medical certificates and their related costs. The Employer shall provide this
committee with regular updates on sick leave usage in order to facilitate the discussions.
6. 2007_2011. Negotiations
• facilitate the scheduling of Auxiliary staff in both the City and Park Board;
• make more transparent to both employees and members of the public seeking work
the employment opportunities within the City and Park Board; and
As part of the above review, the Employer and the Union will establish a Joint Committee
consisting of not more than three (3) representatives from each party to discuss auxiliary
scheduling system(s) and processes and to discuss the means by which Auxiliary
Employees' seniority may be considered in work scheduling, without unduly compromising
or impeding operational requirements. The Committee will also consider the means by
which Auxiliary and Temporary staff may register their availability for work and their intent
to:
The Joint Committee will report its findings to the Employer and the Union by June 30,
2008.
92.
SCHEDULE "E" (cont'd) Page 4
A Joint Committee consisting of not more than three (3) representatives from the Employer
and the Union will be established to discuss the applications of the Employee Definitions
with a view to converting, where appropriate, auxiliary hours to either Regular Full-Time
or Regular Part-Time positions.
The Employer shall share with the Union all information necessary for the review process,
including the pattern of auxiliary hours over the past two (2) years and the operational
criteria applied previously in conversion reviews done by the parties in both Parks and the
City. The Union will also be provided with the opportunity to conduct worksite visits to
review existing employees' shift schedules.
After discussions by the Joint Committee, the Employer will identify the auxiliary hours
that the Employer is prepared to convert to Regular Full-Time and Regular Part-Time
positions based on the criteria of previous conversion reviews; the Employer will also
identify the employees who would be affected by such conversion.
The Employer's conversion proposal will be reviewed by the Joint Committee and
reasonable consideration will be given to additional possible conversions proposed by the
Union.
The Joint Committee will then make its report to the General Manager, Human Resource
Services who will provide recommendations to City Council and the Park Board by June
30, 2008.
The Joint Committee will conduct a second conversion review to be completed by June
30, 2011.
93
In the event that any of the parties to this Memorandum of Agreement decide in local discussions
to extend the existing conversion of, or to convert the work week of the employees staffing the
whole or a part of an Employer's operations, from five (5) working days to four (4) working days
per week or to nine (9) working days per fortnight, it has been agreed that such employees' fringe
benefits shall be converted as follows:
1 Basic annual working hours shall be calculated as 260.89 x daily working hours as per the
5-day week; e.g. 260.89 x 7 = 1826%, or 260.89 x 7.5 = 1956.675.
2. Basic annual public holiday hours shall be calculated as 12 x daily hours as per the 5-day
week; e.g. 12 x 7 = 84, or 12 x 7.5 = 90.
3. Account shall be taken of the difference in basic annual rest period allowances; e.g.
52.178 weeks x 5 days x 20 minutes (=86.96 hours) in the case of the standard 5-day
week; 52.178 x 4 x 20 minutes (=69.57 hours) in the case of the 4-day week; and 52.178
x 4.5 x 20 minutes (=78.27 hours) in the case of the 9-day fortnight.
4 Employees shall have at least two of their days off in any week consecutive, and such
days off shall for purposes of Overtime pay be deemed to be the "first scheduled rest day"
and the "second scheduled rest day". Pay for any work on the third day off in any week
shall be in accordance with normal daily overtime rates.
5. For the purposes of Overtime pay on scheduled working days, normal daily working hours
and the normal work week shall be considered to be those lengths of time established by
the parties pursuant to paragraph 8 herein.
6. Annual Vacation entitlement and all credits for Deferred Vacation, Supplementary
Vacation, Sick Leave benefits and Gratuity benefits shall be converted from working days
to working hours by multiplying the number of days to an employee's credit by the daily
working hours as per the previous 5-day week. All deductions or debits shat; be made on
the basis that each working day of absence shall be measured as the length of time
established by the parties pursuant to paragraph 8 herein.
8. In order to establish the length of the compressed work day and the compressed work
week, the parties are to be governed by the principle that the basic annual working hours
less basic annual public holiday hours and less basic annual rest period allowances are
to remain the same under the compressed work week as they were under the standard
work week.
94.
The parties will be free to decide how to deal with the matter of public holidays In
accordance with one or other of the three following ways, and their decisions will determine
automatically the lengths of the compressed work day and work week:
(a) Revert to a standard 5-day week in any week when a public holiday occurs;
(b) Change days off during any week when a public holiday occurs in order that each
employee will work on four (4) days in every week of the year with the sole
exception being when Christmas Day and Boxing Day are observed in the same
week in which case each employee will work three (3) days in that week and five
(5) days in the immediately preceding week.
(c) Have a compressed work day off with pay for each public holiday and owe the
Employer the difference in hours between the length of the compressed work days
and the length of the employee's former standard work day.
9. Whenever any doubt arises as to how the fringe benefit conversion should be made with
respect to any item (whether or not covered by this Appendix "1"), the doubt shall be
resolved by reference to the basic principle agreed upon by all parties to this
Memorandum, i.e., there shall be no additional salary or benefit cost to the Employer, and
no reduction in the salaries or benefits received by the employees.
10. In the event any Employer and its respective Union wish to amend or continue an existing
experimental compressed work week, or wish to introduce a compressed work week, they
will be required to obtain the approval of the Joint Language Sub-Committee with respect
to their proposed formula for converting employee fringe benefits.
95.
SCHEDULE "F"
The parties agree that the following principles are implicit in and form part of the terms of the
Collective Agreement:
(1) That, except where a provision in the Agreement or a currently accepted practice
specifically contemplates otherwise, (for example, the Overtime, Callout and non-standard
work week provisions) employees shall have not less than eight (8) consecutive hours free
from work between each shift worked and not less than thirty-two (32) consecutive hours
free from work between each week. Where an employee is required to work within the
eight (8) or thirty-two (32) hour free period, the time worked during the work free period
shall be subject to the appropriate overtime provisions.
(2) That where an employee works a split shift, the shift shall be completed within twelve (12)
hours of commencing such shift.
(3) A Regular Fuil-Time Employee or Temporary Full-Time Employee of the Building Services
Division shall not receive less than twenty-four (24) hours' notice of a change in a
previously scheduled shift. Where an employee is not provided such notice, pay shall be
at the appropriate overtime provision for all time worked outside the previously scheduled
shift.
96.
SCHEDULE "G"
EMPLOYMENT EQUITY
A. The Employer and the Union agree to indicate their support of Employment Equity by
agreeing to the following:
(2) The Union agrees to support Employment Equity programs such as Literacy
Training, including financial support.
(3) The Employer and the Union agree with such on-going concepts as the Native
Outreach and Placement Programs.
(4) The Employer and the Union agree, as part of a rehabilitative program in
conjunction with CUPE Local 1004, to discuss retraining options, alternate
employment opportunities, waiving of seniority and posting requirements, and
crossing jurisdictional boundaries for employees who are unable to perform their
jobs as a result of becoming "persons with disabilities"
The Employer, CUPE Local 15 and CUPE Local 1004 agree to establish a committee to
review matters related to Employment Equity including the review of specific job classes
which are under-represented by women, visible minorities, First Nations people, and
persons with disabilities. Where there is mutual agreement, such under-represented
positions may be posted externally and internally at the same time.
97
SCHEDULE "H"
The Employer and the Union agree to a system of Earned Days Off (EDO) as follows:
1. The EDO system shall apply to all Regular Full-Time Employees, and Temporary Full-
Time Employees who have worked and continue to work in a full-time capacity
continuously in excess of six (6) months and are not otherwise maintained on some
alternate form of compressed work week. A Temporary Full-Time Employee who has
qualified for EDO, leaves employment and returns within three (3) months, shall be placed
back on EDO immediately.
2. Employees who work a 7, 7'/z, or 8-hour day shall work an additional thirty (30) minutes
per day at straight-time rates resulting in a 7-hour 30-minute day (7.50 hours), or an 8-
hour day, or an 8-hour 30-minute day (8.50 hours).
3. Breaks will consist of a one (1) hour unpaid lunch break with two (2) ten minute paid rest
breaks, one occurring in the first half and one in the second half of the shift. Those
operations with a one-half ( '/2) hour unpaid lunch break shall remain at a thirty (30) minute
unpaid lunch break.
4. The additional time worked (30 minutes/day) results in fifteen (15) paid days off over the
course of a year and an additional three (3) paid days which will be scheduled in
conjunction with the public holidays of Christmas and Boxing Day to provide for a shut
down between Boxing Day and New Year's Day. For those employees who are required
to work during the shutdown, the three (3) additional EDO days may be scheduled during
the current year at the discretion of the employee upon providing a minimum of forty-eight
(48) hours notice to their General Manager (or exempt designate).
Employees required to work during the shut down shall be notified no later than December
1St of such requirement. Where such notice has not been given and it is not possible to
reschedule the time off prior to the end of the year, such days shall be paid out unless
suitable alternate arrangements can be made between the employee and their General
Manager (or exempt designate).
5. The balance of the EDO days may be scheduled by the General Manager in a manner
that attempts to create a balance between the work and lifestyle interests of employees
and the operational and customer service requirements of the Employer. In some
situations this may result in pre-scheduled days off (not necessarily Monday or Friday)
that provide employees a consistent day off approximately every three weeks on which
they can normally rely. In other situations this may result in scheduled days off at times
that are mutually acceptable to the employee and their General Manager (or exempt
designate) and in some situations this may result in employees being held accountable
for scheduling their own time off in a manner that ensures for an appropriate balance.
98.
7 Notwithstanding items 4, 5 & 6 above, EDO days cannot be banked, must be taken prior
to year end and will not be paid out unless, for reasons completely beyond the control of
the employee, the employee has been unable to reschedule, prior to the end of the year,
an EDO day previously cancelled by the Employer.
8. While the parties agree that the existing Labour Management committees in the Park
Board and City may be used to discuss and attempt to resolve scheduling problems arising
from the initial implementation of the EDO system., both parties recognize that this does
not create a right to grieve either the method of scheduling chosen or the actual schedule
implemented. This shall not limit the Union's ability to grieve matters related to discipline,
discrimination or improper interpretation or application of the Collective Agreement.
9. For the purpose of applying overtime, the "standard hours of work" shall be considered to
be 7.52, 8.02 or 8.52 hours, whichever is appropriate.
10. An employee's annual vacation entitlement shall be converted to "working hours" based
on either a 7, 7.5 or 8-hour day and credited to the employee. For example, an employee
with 3 weeks' vacation shall be entitled to 105, 112.5 or 120 hours of vacation time
depending on whether they previously were on a 7-hour, 7.5-hour, or 8-hour day. Debiting
for vacation taken shall be on the basis of 7.52, 8.02 or 8.52 hours per day (see Appendix
"1" of Schedule "H").
11. Similarly, an employee's sick leave and gratuity credits shall be converted to "working
hours" and shall be credited and debited in the same manner as vacation.
12. Employees who are required to provide coverage for and to perform the work of another
employee or employees on an EDO day shall not be entitled to acting senior capacity pay,
extra pay grades, or to have such extra work considered when making application for a
reclassification.
13. Nothing in this Schedule "H" shall limit the Employer's ability to schedule standard hours
of work as described in Section 11.1.A of the Collective Agreement and to schedule non-
standard hours of work as described in Section 11.1.8 of the Collective Agreement.
99.
Calculation Of Working. Hours Per Day For The Earned Days Off System
In accordance with Appendix "1" of Schedule "E° of the collective agreement and the method of
calculation which has been previously agreed upon between the Employer and the Union for
calculating the length of the work day and benefit entitlements under various forms of the
compressed work week, the Employer and the Union agree that the following calculations shall
govern the Earned Days Off System (EDO). The principles being that:
1. the basic annual paid working hours less basic annual public holiday hours less annual
paid rest periods are to remain the same under the EDO system as they were under a
standard 5 day work week system, and
2. there shall be no additional salary or benefit cost to the Employer associated with
implementing EDO schedules beneficial to the employees and there shall be no loss in
the salaries or earned benefit hours received by the employees.
Outlined below are calculations for a seven (7) hour per day EDO system. Similar calculations
shall apply in those situations where the original length of the standard day was either seven and
one-half (7.5) hours or eight (8) hours per day.
1826.25 Working Hours per Year (Existing 5 Day work week schedule)
less 84.00 Public Holiday Hours (7 hours x 12 Public Holidays)
1742.25 Total Working Hours per Year
less 6,00 Lost Compensation for 2 — 10 Minute Rest Periods x 18 EDO Days
1736.25 Total Actual Paid Working Hours per Year
Total Average Working Days per Year on EDO = 260.89 — 12 (Public Holidays) — 18 (EDO Days)
= 230.89 Days
Note: Average Working Days per Year is adjusted for the leap year cycle
Length of EDO Work Day = Total Actual Paid Working Hoursper Year
Total Average Working Days per Year on EDO
= 173_6.25
230.89
= 7.52 Hours per Day
= 7 Hours 31 Minutes
Notwithstanding the above calculations, the Employer and the Union have agreed that the length
of the work day shall be 7 hours and 30 minutes (7.50 hours per day) for the days that an
employee actually works.
100.
10 days (10 x7 hrs per day= 70 hrs) 70/7.52 hrs per day 9.31 days ( 9.31 x 7.52 = 70 hrs)
15 days (15 x 7 hrs per day = 105 hrs) 105/7.52 hrs per day 13.96 days (13.96 x 7.52 =105 hrs)
20 days (20 x 7 hrs per day = 140 hrs) 140/7.52 hrs per day 18.62 days (18.62 x 7.52 =140 hrs)
25 days (25 x 7 hrs per day = 175 hrs) 175/7.52 hrs per day 23.27 days (23.27 x 7.52 =175 hrs)
30 days (30 x 7 hrs per day = 210 hrs) 210/7.52 hrs per day 27.93 days(27.93 x 7.52 =210 hrs)
101.
SCHEDULE "I"
Managers are expected to consider the following factors in the approval of vacation
requests:
Where such factors do not assist in distinguishing between competing vacation requests,
and there has been a reasonable distribution of prime vacation time, the most senior
employee shall be given preference for all or part of their vacation request. The Employer
will not cancel approved vacations for other than operational reasons.
(3) Decisions rendered in accordance with the above provisions are not subject to the
grievance process. This shall not, however, limit the Union's general ability to grieve
matters related to discrimination as per Clauses 4 or 20 or discipline.
102.
LETTER OF UNDERSTANDING
JOB SHARING
The Employer and the Union agree that where a Regular Full-Time Employee wished to share
their full-time position, that such job sharing agreements be mutually agreed upon using the
following principles PROVIDED HOWEVER, that nothing in this Letter of Understanding shall be
construed as altering the existing rights and/or obligations of either party under the Collective
Agreement, except as specifically provided herein:
1. General
2. Procedure
(a) A Regular Full-Time Employee shall apply in writing to their Department Head
indicating the reason for the request including the hours and days of the week the
employee wishes to share and with whom the employee contemplates the job
sharing arrangement. A copy of this request shall be forwarded to the General
Manager, Human Resource Services and the Union.
(b) The employee with whom it is contemplated the position shall be shared must be
qualified to perform the duties and responsibilities of the position.
(c) Where an employee's request is approved and results in an acceptable job sharing
arrangement, the General Manager, Human Resource Services shall provide each
affected employee with a letter covering the terms and conditions of the Job
Sharing arrangement signed by the Employer and Union.
(d) Under normal circumstances, the regular daily and weekly hours of the position
shall remain unchanged as a result of the Job Sharing arrangement unless
otherwise varied by the terms and conditions as provided by the letter referred to
in paragraph (c) above.
(e) Where an employee's request is denied, the Union may request a meeting with the
Department Head and General Manager, Human Resource Services to discuss
the matter.
103.
3 Duration
(a) Each Job Sharing arrangement shall be for a maximum period of one (1) year
unless extended by mutual agreement oetween the Employer and the Union.
(b) A Job Sharing arrangement may be terminated earlier than expected by either of
the employees or by the Employer provided thirty (30) calendar days' written notice
has been served to the other parties, unless otherwise provided for in the letter
referred to in paragraph 2(c). Other employees temporarily appointed to fill
positions vacated as a direct result of job sharing shall be advised at the time of
their temporary appointment that their term in the position could be cut short as a
result of an early cancellation.
(c) Upon the expiry or termination of the Job Sharing arrangement, the Regular Full-
Time Employee shall revert to working in their position on a full-time basis under
the terms and conditions applicable to Regular Full-Time Employees unless some
other Job Sharing arrangement has been agreed upon.
(b) The general principles with respect to wage rates, employee benefit entitlements
and premium payments for Regular Full-Time Employees in Job Sharing
arrangements are as follows:
(1) Wages shall be paid in accordance with the ratio that the employee's
scheduled weekly hours bears to the full-time hours of the position being
shared.
(2) Paid leave benefits, such as Vacation, Public Holidays, Sick Leave and
Gratuity shall be earned on a proportionate basis in accordance with the
ratio that the employee's scheduled weekly hours bears to the full-time
hours of the position being shared.
(3) The employee's share of the premium payments for Health and Welfare
benefits, such as Medical, Extended Health, Dental and Group Life shall
increase proportionately as the number of scheduled weekly hours
decrease in relation to the full-time hours of the position being shared.
104.
(c) In accordance with the general principles outlined in paragraph 4(b), except as
otherwise stated, the following shall apply to Regular Full-Time Employees:
(a) Where an employee's normal hours of work are based on a five (5)
day week, the employee shall take public holidays as they occur.
The employee's public holiday entitlement and pay shall be earned
on a proportionate basis in accordance with the ratio that the
employee's scheduled weekly hours bears to the full-time hours of
the position being shared.
(b) Where the employee has not received sufficient public holiday
hours as part of their work schedule or been credited with sufficient
hours as a result of the proration or made alternate arrangements
to the satisfaction of the department to use public holiday hours to
which they were entitled as a result of the proration, the employee's
public holiday account shall be credited with the appropriate
number of hours at year end.
(4) Medical Services Plan. Extended Health. Dental and Group Life
The Employer shall pay a prorated share of the premiums for the above-
noted benefits based on the proportion of the employee's new scheduled
hours compared to the full-time hours of the position being shared and the
premiums normally paid by the Employer for a full-time employee. The
employee shall pay the balance in order to maintain full coverage.
For the period of the Job Sharing arrangement, the employee shall have
sick leave and gratuity days credited on a prorated basis, calculated on the
same proportionate basis as the employee's new scheduled hours bears
to the full-time hours of the position being shared.
(6) VESP
(7) Superannuation
(8) Increments
6. Termination
Either party may cancel this Letter of Understanding by providing at least thirty (30)
calendar days' written notice to the other party. Notwithstanding such cancellation, all Job
Sharing arrangements in effect at the time of cancellation shall continue under the
individual terms agreed upon.
LETTER OF UNDERSTANDING
Where the Employer wishes to change the hours of work (which includes work week), of an
employee or a position, in a manner not already provided for within the terms of the Collective
Agreement or as otherwise agreed by the parties, the following shall apply:
A supervisor and an employee may, by mutual consent, at the written request of either
party, agree to vary the employee's hours of work, for such fixed period as the parties may
agree or in the absence of such fixed period, for as long as both parties continue to
consent. Such variation in the hours of work shall not establish a precedent. Employees
will not be eligible for additional premiums provided for in the Collective Agreement for
working outside normal hours if the change is initiated by the employee. If any informal
arrangements extend beyond six (6) months, the Union will be notified and if the Union
objects the informal arrangement will be discontinued.
1. The Employer shall provide the Union with no less than thirty (30) calendar days' written
notice of the intended change, the names of the position(s) and incumbent(s) impacted,
the reason(s) for the change and duration, and provide an opportunity to meet within the
thirty (30) days of the Union receiving the written notification in order to discuss the
proposed change(s).
2. The Union shall provide a written response within thirty (30) calendar days of the meeting
which shall include primary reasons for withholding their consent.
3. The Union shall not unreasonably withhold consent to the altered hours of work proposal.
4. Where the reason(s) for the change include a bona fide operational requirement that
employees subject to this Agreement be available to support City operations staffed by
employees represented by CUPE Local 1004 such bona fide operational requirement
shall be presumed to constitute a reasonable justification and sufficient basis for
implementation of the altered hours of work pursuant to this Letter of Understanding.
5. Where there is no mutual agreement, the matter may be referred within twenty (20)
calendar days of receiving the Union's response to an Hours of Work Umpire who shall
convene a hearing for a final and binding decision at any time, but no later than twenty
(20) calendar days from the date the Employer referred the matter to the Umpire. No
change to the hours of work shall be implemented until such time as the Umpire has
reached a decision and notified both parties in writing. It shall be the Employer's
responsibility for establishing the rationale for the change in hours of work
M
6. The cost of the Umpire shall be borne by the Employer. Where it is necessary to pay for
accommodation, the cost shall be borne equally by the Employer and the Union.
7. The Hours of Work Umpire shall evaluate whether the Union has been unreasonable in
denying the Employer's request after considering the Employer's rationale for the
proposal, the impact on the personal and family needs of any affected incumbent(s), and
the Union's rationale for denying the request.
8. Decisions of the Umpire shall not be precedent setting and shall be made within fourteen
(14) calendar days of the matter being heard.
9. The Hours of Work Umpire shall be selected from the following list on a rotating basis.
Should an Umpire not be available or indicate they will not be able to meet the time limit,
the next name on the list shall be selected.
10. Employees who are affected by an hours of work change under this Letter of
Understanding shall be offered the amended work shifts on the basis of seniority (high to
low) provided they are qualified to perform the work. In the event there are insufficient
employees who agree to accept the work shifts, the Employer shall assign the work in
reverse order of seniority (low to high) to employees qualified to perform the work.
11 The parties agree that the Shift Premium provision applies outside the normal hours as
referenced under the Shift Premium provision for any of the seven (7) days of the week.
12. Except as provided in #13 below, the process established in "B" of this Letter shall be used
to revert to the hours of work previously in effect or to make further adjustments to the
hours.
13. Nothing in this Letter impacts the current 1976 Letter of Understanding on the
Compressed Work Week and the cancellation provision contained therein, where City
Council has resolved to invoke the cancellation. In such event, the Employer may cancel
any Compressed Work Weeks established under this Letter of Understanding.
14. The Employer and the Union agree that procedures under this Letter of Understanding do
not relate to a "difference" within the meaning of Section 104(1) of the Labour Relations
Code.
109.
"Wolfram Tilgner"
"Paul Griffin"
LETTER OF UNDERSTANDING
HOURS OF WORK
Notwithstanding the provisions of Clause 11.1, the Employer and the Union agree as follows:
Employees whose job duties require them to: make presentations; collect and analyze
information; or directly support senior managers; at City Council, Park Board, advisory
panels or public consultation meetings may be required to attend early morning, evening
or Saturday meetings.
These employees may be required to flex their hours between 7:00 a.m. and 10:00 p.m.
on any two days Monday through Thursday in order to accommodate these meetings.
Employees and supervisors will work out their shift scheduling, including start and stop
times and/or alternate time off, if applicable. Employees will schedule their hours of work
with the agreement of their supervisor. Where there is no agreement, supervisors shall
set the schedule with a minimum of ten (10) calendar days' notice to the employees.
These employees may be required once in a calendar month, up to eight (8) times per
year, to attend meetings on a Saturday. Employees and supervisors will work out their
shift scheduling, including start and stop times and/or alternate time off, if applicable.
Employees will schedule their hours of work with the agreement of their supervisor. Where
there is no agreement, supervisors shall set the schedule with a minimum of ten (10)
calendar days' notice to the employees.
Saturday schedules set unilaterally by the supervisor shall include: two (2) contiguous
days of rest (Sunday and Monday) on the weekend that a Saturday is worked; or three (3)
contiguous days of rest (Friday, Saturday and Sunday) on the weekend immediately
following a Saturday worked.
2. Materials Inspectors
Materials Inspectors may be required to commence as early as 7:00 a.m., Monday through
Friday inclusive, from March 1 to November 30 inclusive.
once per month and eight (8) times per year, to flex their hours between 7:00 a.m. and
1:00 a.m., Monday through Saturday. Employees and supervisors will work out their shift
scheduling, including start and stop times and/or alternate time off, if applicable.
Employees will schedule their hours of work with the agreement of their supervisor. Where
there is no agreement, supervisors shall set the schedule with a minimum of ten (10)
calendar days' notice to the employees.
Saturday schedules set unilaterally by the supervisor shall include: two (2) contiguous
days of rest (Sunday and Monday) on the weekend that a Saturday is worked; or three (3)
contiguous days of rest (Friday, Saturday and Sunday) on the weekend immediately
following a Saturday worked.
Property Use Inspectors may be required to flex their hours between 9:00 a.m. and 9:00
p.m., Monday through Friday inclusive.
Notwithstanding this requirement, Property Use Inspectors may be required, no more than
once per month and eight (8) times per year, to flex their hours between 7:00 a.m. and
1:00 a.m., Monday through Saturday. Employees and supervisors will work out their shift
scheduling, including start and stop times and/or alternate time off, if applicable.
Employees will schedule their hours of work with the agreement of their supervisor. Where
there is no agreement, supervisors shall set the schedule with a minimum of ten (10)
calendar days' notice to the employees.
Saturday schedules set unilaterally by the supervisor shall include: two (2) contiguous
days of rest (Sunday and Monday) on the weekend that a Saturday is worked; or three (3)
contiguous days of rest (Friday, Saturday and Sunday) on the weekend immediately
following a Saturday worked.
Building, Plumbing, and Gas Inspectors may be required to flex their hours between 7:00
a.m. and 7:00 p.m., Monday through Friday inclusive, between November 01 and
February 28 or 29 inclusive; and between 7:00 a.m. and 9:00 p.m., Monday through
Friday, March 01 to October 31, inclusive.
Saturday schedules set unilaterally by the supervisor shall include: two (2) contiguous
112.
days of rest (Sunday and Monday) on the weekend that a Saturday is worked; or three (3)
contiguous days of rest (Friday, Saturday and Sunday) on the weekend immediately
following a Saturday worked.
Policy Analysts within Liquor Licenses may be required to flex their hours between 7:00
a.m. and 9:00 p.m., Monday through Saturday.
Notwithstanding this requirement, Policy Analysts may be required, no more than once
per month and eight (8) times per year, to flex their hours between 7:00 a.m. and 1:00
a.m., Monday through Saturday. Employees and supervisors will work out their shift
scheduling, including start and stop times and/or alternate time off, if applicable.
Employees will schedule their hours of work with the agreement of their supervisor. Where
there is no agreement, supervisors shall set the schedule with a minimum of ten (10)
calendar days' notice to the employees.
Saturday schedules set unilaterally by the supervisor shall include: two (2) contiguous
days of rest (Sunday and Monday ) on the weekend that a Saturday is worked; or three (3)
contiguous days of rest (Friday, Saturday and Sunday) on the weekend immediately
following a Saturday worked.
6 Street-Use Inspectors
Street Use Inspectors may be required on no more than three (3) occasions during the
period June through August to flex their hours between 7:00 a.m. and 1:00 a.m., Monday
through Saturday. Employees and supervisors will work out their shift scheduling,
including start and stop times and/or alternate time off, if applicable. Employees will
schedule their hours of work with the agreement of their supervisor. Where there is no
agreement, supervisors shall set the schedule with a minimum of ten (10) calendar days'
notice to the employees.
Saturday schedules set unilaterally by the supervisor shall include: two (2) contiguous
days of rest (Sunday and Monday) on the weekend that a Saturday is worked; or three (3)
contiguous days of rest (Friday, Saturday and Sunday) on the weekend immediately
following a Saturday worked.
Engineering Assistants in the Transportation Division may be required, no more than once
per month and eight (8) times per year, to flex their hours between 7:00 a.m. and 1:00
a.m., Monday through Saturday. Employees and supervisors will work out their shift
scheduling, including start and stop times and/or alternate time off, if applicable.
Employees will schedule their hours of work with the agreement of their supervisor. Where
there is no agreement, supervisors shall set the schedule with a minimum of ten (10)
calendar days' notice to the employees.
113.
Saturday schedules set unilaterally by the supervisor shall include: two (2) contiguous
days of rest (Sunday and Monday) on the weekend that a Saturday is worked; or three (3)
contiguous days of rest (Friday, Saturday and Sunday) on the weekend immediately
following a Saturday worked.
"Brenda Coombs"
LETTER OF UNDERSTANDING
The Employer and the Union agree to amend the Layoff and Recall provisions of the Collective
Agreement (Clauses 11.5 and 6) to include the following, effective 1997 August 26. All remaining
provisions of the Collective Agreement remain in full force and effect. It is recognized these
provisions apply only to Regular Full-Time Employees and, effective 2000 November 21, Regular
Part-Time Employees.
1 Definition
• Parks
• Community Services, i.e. Planning, Permits and Licences, Social Planning and
Housing
• Engineering
• Corporate Services, i.e. Finance, Information Technology, Building Management,
Real Estate, Facilities Development and Risk and Emergency Management
• Fire
• Human Resources
• Civic Theatres
• City Clerk
• Law
• Ray-Cam
• Britannia
2. Notice
Employees who are impacted by a permanent reduction in the workforce will be provided
with not less than thirty (30) calendar days written notice of such fact.
Where the Employer determines that two (2) or more employees within the same
classification and work group are performing substantially similar work and where the
Employer intends to issue layoff notice to one or more employees within that group, layoff
notices will be issued in reverse order of seniority provided the remaining employees have
the qualifications and ability to perform any required work.
3. Process
(a) If there is a vacant position at the employees current pay grade in the employee's
Service Group or Employer-wide for which the Employer deems the employee
qualified, the Employer may, at its discretion, place the employee in that position,
115.
without posting. If the employee does not wish to be so placed, they may elect to
be placed on the recall list or request a buyout of their recall rights.
(b) If the employee is not placed in accordance with (a), then within fourteen (14)
calendar days of receipt of notice, the employee shall elect to bump, to be placed
on the recall list or request a buyout of their recall rights.
(c) Where the Employer elects to provide notice in excess of thirty (30) calendar days,
the Employer will have the discretion to extend the fourteen (14) calendar day
period under (b) for some or all of the excess notice period
(2) bump the least senior employee in their classification in their Service Group
or Employer-wide; or
(3) bump the least senior employee in any classification in their Service Group
or Employer-wide at their current pay grade; or
(4) bump the least senior employee in a lower pay grade in their Service Group
or Employer-wide; or
If employees are not qualified to bump the least senior employee above, they may
bump the next least senior employee, etc., until they find a position for which they
are qualified.
(e) An employee who has not been placed in accordance with (a) and who has
exhausted their bumping rights under (b), or who elects not to exercise those
rights, shall be placed on the Recall List.
(f) In all cases, where an employee is placed or bumps into another position, the
employee must be qualified to perform the work of the new position. Where an
employee requires a reasonable period of familiarization, not exceeding thirty (30)
calendar days, with the routine and specific responsibilities of the new position, the
requirement for such period of familiarization shall not be taken as ground to deem
the employee unqualified for the position.
(g) An assessment period of three (3) months will apply to employees in new positions
to confirm their ability to perform the job. If the Employer can demonstrate that the
employee has not been successful in the assessment period, it will again provide
to the employee access to the process described above.
116.
(h) An employee has the right to have a Union Representative attend meetings with
them to discuss layoff and bumping.
(i) An employee who has successfully bumped into a lower paid classification may,
within a two (2) year period after so bumping, displace an employee in their former
classification who has been converted from Temporary Full-Time to Regular Full-
Time status pursuant to Schedule B, Preamble or a junior Regular Full-Time
employee who is entitled to rights in accordance with 11.2(c)(2).
(1) The Employer shall provide the Union on a quarterly basis a list of:
Temporary Full-Time employees converted pursuant to Schedule B
preamble; and Regular Full-Time employees entitled to rights in
accordance with 11.2(c)(2).
(2) Within thirty (30) days of publication of the list, an employee shall notify the
Employer and Union in writing of their intent to displace a listed employee
in their former classification. Displacement will be subject to the
employee's qualification for the selected position.
4. Recall
(a) The period of recall shall be extended to twelve (12) months, inclusive of temporary
and auxiliary work.
(b) Employees may continue participation in health and welfare benefits (MSP, EHB,
Dental and Group Life) while on the Recall List by paying the full monthly premiums
in advance.
(c) The offer of temporary and/or auxiliary assignments to Regular Full-Time and
Regular Part-Time Employees with seniority who have been laid off shall not be
considered a recall. An employee who accepts such temporary and/or auxiliary
work shall not receive a further layoff notice at the conclusion of such work.
Employees who decline such work will not be considered to have refused a recall.
117.
Regular Full-Time Employees who are entitled to recall may request a buyout of their recall
rights based on a payment equivalent to two (2) weeks, plus one (1) additional week for
each additional completed year of service to a maximum payment of eighteen (18) weeks.
For Regular Part-Time Employees the buyout of recall rights shall be on a prorated basis
calculated on the same proportionate basis as the Regular Part-Time Employee's weekly
schedule of core hours bears to the full-time hours for that class of position.
An employee who elects a buyout of recall rights will not be considered as an internal
applicant for any job posting or vacancy effective from the date that the employee makes
the election.
An employee who elects a buyout of recall rights will not be entitled to have their seniority
reinstated pursuant to clause 12.3(a)(iii) and will be considered a new employee if rehired
by the Employer
LETTER OF UNDERSTANDING
TELECOMMUTING
The Employer and the Union agree that where a Regular Full-Time, Temporary Full-Time or
Regular Part-Time Employee wishes to telecommute, such telecommuting arrangements may be
mutually agreed upon subject to the following terms and conditions PROVIDED HOWEVER that
nothing in this Letter of Understanding ("LOU") shall be construed as altering the existing rights
and/or obligations of either party under the Collective Agreement except as specifically provided
herein.
1 General
Any agreement entered into pursuant to this LOU shall be reached on the understanding
that the arrangement is without precedent or prejudice to any position that the Employer
or the Union may take in future cases involving similar or identical matters and/or
circumstances, and that the terms and conditions of this LOU will apply.
While performing work at the Remote Location, the employee will continue to be
considered a City of Vancouver employee, and will remain under the direction of his or her
supervisor and will be required to perform his or her duties in a manner consistent with all
Employer policies and guidelines.
The terms and conditions of the Collective Agreement will be in full force and effect on
those days where the employee is telecommuting.
2. Procedure
(c) Where an employee's request is denied, the Union may request a meeting with the
General Manager of the employee's Business Unit and the General Manager,
Human Resource Services (or designates) to discuss the matter, provided
however that it is understood that the Employer's refusal to approve a requested
telecommuting arrangement shall not be grievable. This shall not, however, limit
the Union's general ability to grieve matters related to discrimination as per
Clauses 4 and 20 of the Collective Agreement,
3. Hours
Under normal circumstances, the regular daily and weekly hours of the position shall
remain unchanged as a result of the telecommuting arrangement unless otherwise varied
by the terms and conditions contained in the letter referred to in paragraph 2(a), above.
Scheduling and recording of time off including sick, EDO and vacation will be subject to
the same rules and conditions as are currently in place and shall not occur only on days
when the employee is scheduled to attend at an Employer worksite.
(ii) regular office stationery, materials and supplies required by the employee;
and
(iii) one telephone line available at all times during working hours for business
use;
all of'which shall remain the property of the employee, with the exception of any
Employer-supplied furniture or equipment.
120.
(a) The Employer will have the discretion to inspect the Remote Location, in person
or by video-conference, and may request photos in order to confirm that the
Remote Location is appropriate and that it meets with WorkSafeBC requirements.
It is agreed that the Remote Location must be determined to be satisfactory in
writing by the Employer before the employee may perform their duties from the
Remote Location. If substantial changes are made to the Remote Location, the
employee shall notify the Employer and the Employer may schedule another
inspection to determine ongoing appropriateness of the Remote Location and to
require changes to the Remote Location if the telecommuting arrangement is to
continue. The Union may request any Remote Location inspection reports which
are produced.
(c) Nothing in this LOU shall be deemed to diminish the Employer's responsibilities
under the Workers' Compensation Act to ensure a safe workplace.
6. Productivity
Quantity and quality of work performed shall be monitored by the employee's supervisor
to ensure quantity and quality of the work is consistent with required work levels and that
work is performed during agreed working hours, per the employee's work schedule as set
forth in the letter referred to in paragraph 2(b), above. Workload and productivity level
expectations for the employee will be reasonable and similar to that expected at the
regular workplace.
The employee will come to the regular designated work site should unforeseen problems
prevent them from working at the Remote Location on the designated days, or should the
Employer request the employee to attend a regular worksite. In the event the employee
must attend at the regular worksite for any reason on a day scheduled for telecommuting,
the Employer shall not reimburse any transportation expenses.
7. Dependent. Care
Employees who telecommute and who are responsible for dependents or others shall
have other care available such as a spouse, relative or neighbour who can provide care
during working hours.
121
The employee's Remote Location computer and all necessary application and
communication software must meet all Employer standards for remote access.
All Employer documents and information shall be kept in a manner that is safe, secure
and confidential.
Either party may terminate this Letter of Understanding by providing at least thirty (30)
calendar days' written notice to the other party during the thirty (30) calendar days
immediately prior to the date of expiry of this Collective Agreement. Notwithstanding such
cancellation, all Telecommuting arrangements in effect at the time of cancellation shall
continue under the individual terms agreed upon.
This Letter of Understanding is effective from 2007 October 10 and has been modified in
subsequent rounds of bargaining.
LETTER OF UNDERSTANDING
The Employer agrees that any proposal for contracting out of any work currently performed by
members of CUPE Local 15 that may result in the layoff of members of the CUPE Local 15
workforce will be communicated to the Union no less than six (6) calendar months before the date
on which the Employer intends to contract out the work.
Once such contracting out notice is given to the Union, the Employer and the Union will meet, in
good faith, to discuss and consider the following:
The Employer and the Union agree that the process described above will satisfy the requirements
of Section 54 of the Labour Relations Code.
LETTER OF UNDERSTANDING
The Parties have agreed to the following provisions to address vacancies that are filled on a
temporary basis where an employee is absent from their position for an extended period of time
due to illness or injury.
The goal of these changes is to provide for a process that minimizes disruption and respects a
returning employee's ability to meaningfully re-enter the workforce after a long-term absence, if
that should occur.
1. Where "Employee A" is absent due to illness or injury and where their position is filled by
"Employee B" on a temporary basis for two (2) calendar years;
(a) "Employee B" shall be appointed to that position on a regular and continuing basis,
effective the second anniversary of being awarded the backfill posting.
(b) The appointment of "Employee B" may not be used to trigger subsequent
appointments; that is, there shall be no cascading appointments.
2. In the event that "Employee A" is medically fit to return to their former position after 1(a)
above has been satisfied, the following process shall govern "Employee A's" return to the
workplace:
(a) The Employer may place "Employee A" into any available vacancy in the
employment pool at the same pay grade without a posting; if "Employee A"
declines such a placement, that decision shall extinguish the Employer's
obligations to "Employee K.
(b) If no such vacancy is offered under 2(a) above within ten (10) calendar days,
"Employee A" must exercise their bumping rights pursuant to Clause 3(d) of the
Letter of Understanding — Layoff and Recall:
It being understood that the final two stages of the process (Clauses 3(d)(4) and
3(d)(5)) are at "Employee A's" discretion and that "Employee A" may not elect to
buy-out their recall rights.
(c) Placement and bumping opportunities are subject to the Employer's determination
that "Employee A" is qualified and able to perform the work of the new position.
(d) If "Employee A" is not placed under 20) above and is not able to bump a junior
employee in a similar pay grade under 2(b) above, the Employer shall return
"Employee A" to their original position, if it still exists.
(e) In the event that `Employee A" returns to their original position, "Employee B" shall
be provided notice of layoff.
3. The previous conditions are not intended to act as a substitute for the Employer's general
duty to accommodate under the British Columbia Human Rights Code.
4. The previous conditions do not prejudice the Employer's rights to terminate the
employment relationship for cause.
Transition
LETTER OF UNDERSTANDING
During bargaining for the 2012-2015 Collective Agreement, the Parties agreed to add Clause 12.3
— Loss of Seniority. The following administrative adjustments were also agreed to with the
adoption of Clause 12.3:
Dues will continue to be deducted and remitted for employees working outside the bargaining
unit while seniority is retained (includes that period in which seniority is retained, but no longer
accumulating). Dues will cease to be deducted once seniority is lost.
2. Where administratively practicable, the Employer shall forward a report to the Union on a
monthly basis (or a longer interval as mutually agreed) which shall enumerate the names of
those CUPE 15 bargaining unit employees who have worked in an exempt position during the
preceding report period.
LETTER OF UNDERSTANDING
The Parties may, by mutual written agreement, refer a grievance filed at arbitration, except a
policy grievance and classification grievance, to the expedited process as follows:
1 The Parties shall meet at the earliest possible time to randomly select an arbitrator for
appointment from the following list.
David McPhillips
Judi Korbin
Stan Lanyon
John McConchie
Chris Sullivan
Elaine Doyle
The selected arbitrator shall be directed by the parties to peremptorily set the date for a
one day hearing that shall occur no earlier than one month, and no later than two months,
from the date of the referral. Should the arbitrator not be available to hear the grievance
within the timeframe required, the Parties shall randomly select another arbitrator from the
list.
As the process is intended to be informal, only staff or lawyers employed by the Employer
or CUPE may be used to represent either Party.
3 Summary of Issues
The Parties shall prepare an agreed statement of facts and a summary of the facts and
issues that remain in dispute no later than the fifth (5111) working day prior to the date of the
hearing.
It is the intent of the Parties to limit the use of witnesses to introduce evidence. Each Party
will provide a list of witnesses and an outline of their intended testimony no later than the
fifth (5th) working day prior to the date of the hearing.
It is the intent of the Parties to limit the use of case authorities. Each Party will provide a
list of case authorities on which it will rely no later than the fifth (51) day prior to the date
of the hearing.
127.
LETTER OF UNDERSTANDING — EXPEDITED DISPUTE RESOLUTION
PROCESS (cont'd) Page 2
4. Procedure
5. Mediation Assistance:
6. Issuance of Report
At the request of either Party, a written decision from the arbitrator will be completed and
mailed to the Parties within five (5) working days of the hearing.
7. Status of Report
All decisions of the arbitrators are to be limited in application to that particular dispute and
are without prejudice. These decisions shall have no precedential value and shall not be
referred to by either Party in any subsequent proceeding.
All settlements of matters referred to the expedited process which are reached through
mediation shall be without prejudice.
8. Fees
The Parties shall equally share the costs of the fees and expenses of the expedited
arbitrator.
9 Authority of Arbitrator
The expedited arbitrator shall have the same powers and authority as an arbitration board
established under the provisions of Clause 15. It is understood that it is not the
128.
LETTER OF UNDERSTANDING —EXPEDITED DISPUTE RESOLUTION
PROCESS lcont'd) Page 3
LETTER OF UNDERSTANDING
UNION OBSERVERS
The Employer and the Union agree to the following guidelines regarding Union Observers:
2. The Observer will not be employed in the same department as the vacancy.
3. The Observer will be permitted to sit in on selection interviews but shall not be entitled to
sit in on Employer deliberations. The Observer shall not ask questions, make comments
or participate in any manner during interviews.
4 The Observer shall return all interview questions immediately after the applicant has been
assessed.
5. The Observer shall be entitled to receive assessment scores and rankings of applicants.
6. Any information relating to the selection process will be kept strictly confidential except for
the purpose of discussions with Union Executive Members and Union Staff
Representative,
8. Leave to sit as a Union Observer shall be treated as a leave of absence without pay
pursuant to Clause 13(d) and will be subject to the terms set out under Clause 13.
Either party may terminate this Letter of Understanding by providing at least sixty (60) calendars
days' written notice to the other party.
LETTER OF UNDERSTANDING
1 Notwithstanding Clause 13, the parties agree that the following terms and conditions will
apply in those instances where the Union wishes to "book off' an employee who is not an
"Official Union Representative" designated by the Union pursuant to Clause 13(a) onto a
Union-paid leave.
(a) The Union will provide as much notice as possible (minimum 24 hours advance
notice) when requesting to book an employee off from work onto a Union leave
status. The Union acknowledges that the shorter the notice provided in advance
of the book off request, the more difficult it may be to grant an employee the time
away from work.
(b) All leave requests will be considered on the basis of the Employers' ability to
ensure operational needs are met, should the leave be granted.
(c) Where the Union books an employee off work onto a Union leave status, they will
pay for the employee's time away from work. This said, the Employer agrees to
maintain the employee's regular pay/salary, as well as all applicable benefits. The
Employer will render an account of these costs to the Union and the Union will
reimburse the Employer within sixty (60) days of invoice issuance for all identified
costs.
2. The parties agree that Clause 13 of the City and Parks/CUPE Local 15 Collective
Agreements will continue to apply in all instances where the Union is seeking to book off
from work an Official Union Representative onto Union leave. Where an Official Union
Representative is granted leave in accordance with Clause 13(c)(2), that employee shall
continue to be paid, and the Union will be invoiced by the Employer in accordance with
paragraph 1(c) above.
3. This Letter of Understanding takes effect upon ratification of the Collective Agreement and
replaces in its entirety the prior Letter of Understanding on the same matter signed
October 20, 2008.
131
LETTER OF UNDERSTANDING — UNION-PAID LEAVE FOR EMPLOYEES
WHO ARE NOT "OFFICIAL UNION REPRESENTATIVES" {cont'd'y Page 2
LETTER OF AGREEMENT
The City and the Union agree to resolve this matter on the following basis:
1. The City will use its best efforts to minimize its use of external agency personnel through the
internal recruitment of temporary staff.
2. This acknowledges that the City may use staff provided through an external agency to fulfil
legitimate needs arising in the very short term or in emergency situations. If personnel are
provided through an external agency the following conditions will apply:
a) During the first 30 days of an assignment, the person will be paid the appropriate
bargaining unit rate of pay and will be covered by the provisions of the Collective
Agreement as they relate to Temporary Full-Time employees with less than 30 days
service except that they shall not have access to the grievance procedure nor shall
the provisions relating to Court Attendance and Jury Duty in Article 10.11 and Work
Week in Article 11.1 apply. It is understood that during this period, the Agency shall
be responsible for vacation pay and Public Holiday pay.
b) If empioyed for more than 30 days, the person will be treated for all purposes as though
employed by the City and will join the Union by the 31St day. Union dues will be paid
on all earnings beyond the 30th day of employment and as an employee of the City,
the person will be covered by all terms and conditions of the collective agreement.
3. At agreed upon intervals the City will provide in writing to the Union a report setting out each
instance of the use of agency personnel since the previous report. The report shall detail the
person's name, job category, work location, hours of work, and dates of assignment.
4. This agreement will apply throughout the "Common Employer" and the Police Department.
6. There will be no retroactive effect of this resolution for external agency personnel who have
worked for the City prior to the date of this agreement.
LETTER OF UNDERSTANDING
The collective agreements between the Employer and the Union contain a paid sick leave plan
and paid vacation entitlements. Prior to the date of this Agreement, there was no contractual
entitlement to have vacation time converted to sick leave.
The actual practice with regard to conversions has been mixed, sporadic and ad-hoc, set within
an overarching Employer perspective that conversion was not an entitlement.
The Parties have agreed that a structured approach is to be preferred to the current uncertain
and potentially inequitable practice. Therefore, they have reached an agreement to allow
conversions under certain circumstances. The terms of the Agreement are:
1 Requests for conversion shall be made in writing to the Departmental GM, or designate,
and shall include documentation certifying the period of hospitalization.
4. For the purpose of this Agreement, the start and end of a vacation are defined as the first
working day and last scheduled working day that are not worked due to the vacation. That
is, contiguous weekends or statutory holidays are not part of the vacation.
5. Conversion shall only be approved commensurate with the sick credits held by the
employee at the time of the absence.
6. The Employer may investigate an application for vacation conversion as it would a request
for sick leave,
7. The Parties have the right to obtain compliance with these provisions through the
grievance procedure.
8. Hospitalized shall include being held in quarantine detention, but shall not include time
spent in hospital or such like facility due to elective surgery, unless it is time spent in
hospital due to unforeseen circumstances arising from such surgery.
9. The Employer shall convert two requests as identified in its letter of August 3. 2012.
134
LETTER OF UNDERSTANDING — CONVERSION OF VACATION TO
SICK LEAVE Icont'dl Page 2
With the exception of clause 9 above, there shall be no retroactive effect to these provisions.
The Employer and Union agree that these terms represent the full and final resolution of all
matters addressed in this Letter of Understanding. No new grievances or complaints of any kind
shall be filed concerning them, save and accept to enforce the terms of this Agreement.
Fri Sat Sun Mon Tues Wed Thurs Fri Sat Sun Mon Approve?
Planned Work Off Off Vacation Vacation Vacation Vacation Vacation Off Off Work
I
Yes
v
m Co
w `"
136.
LETTER OF AGREEMENT
The parties agree to resolve the aforementioned per the following terms and conditions:
1 The City will provide Payroll Operations with instruction to allow an employee off work on
an accepted WorkSafeBC status to continue to earn EDO up to and including the first 14
working days of said absence.
2. In the event an employee returns to work after November 15t from an accepted
WorkSafeBC leave status of greater than 14 working days, and they do not have enough
EDO time earned or other accrued paid leave (excluding sick leave) available to them to
schedule in conjunction with the Christmas Closure (the period between Boxing Day and
New Years Day), the employee will be permitted to draw from their next years vacation
leave entitlement to cover the Christmas Closure period (in whole or part). Where the
employee has insufficient EDO, but sufficient accrued leave to schedule in conjunction
with the Christmas Closure, the leave will be drawn from the accrued leave bank
(excluding the sick leave bank) of the employee's choice.
3. The Union agrees to withdraw their policy grievance (as referenced above), considering
this matter fully resolved.
4. The parties agree that this change (as outlined in points numbered 1 and 2 above) will
take effect on March 13th. 2009.
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