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    BETHANY CARE SOCIETY COLLECTIVE AGREEMENT 2014-2017

    COLLECTIVE AGREEMENT BETWEEN: BETHANY CARE SOCIETY (hereinafter called “the Employer”) and THE HEALTH SCIENCES ASSOCIATION OF ALBERTA (hereinafter called “the Union”) FOR THE PERIOD AUGUST 1, 2014 – JULY 31, 2017

    PREAMBLE

    WHEREAS the Parties acknowledge that the primary purpose and responsibility of the Employees and the Employer is to provide quality resident care; and

    Whereas the Parties recognize that the Centre is the residents’ home and will work together to foster a home environment for the residents; and

    Whereas the Parties believe this purpose can be achieved most readily by promoting and maintaining harmonious relationships between the Employer, Employees and the Union; and

    Whereas the Parties are desirous of concluding a Collective Agreement for the purpose of establishing the rates of pay and other terms and conditions of employment for the Employees.

    NOW THEREFORE THIS COLLECTIVE AGREEMENT WITNESSES that the Parties hereto in consideration of the covenants herein contained agree with each other as follows:

    ARTICLES

    1.01 Except where specifically provided otherwise, the terms of this Collective Agreement shall be effective from the date upon which both parties exchange notice of ratification by their principals of the Memorandum of Agreement for this Collective Agreement, up to and including July 31, 2017 and from year to year thereafter unless notice, in writing, is given by either party to the other not less than sixty (60) calendar days nor more than one hundred and twenty (120) calendar days prior to the expiration date of its desire to change or amend this Collective Agreement.

    1.02 Where notice is served by either party to commence collective bargaining, this Collective Agreement shall continue in full force and effect until a new Collective Agreement has been executed or until the requirements of the Alberta Labour Relations Code have been met.

    In this Collective Agreement:

    2.01 “Administrator” means the senior person responsible for the operations of the Centre reporting to the Senior Director, Operations.

    “Arbitration” shall take its meaning from that section of the Code dealing with the resolution of a difference.

    “Union” means the Health Sciences Association of Alberta.

    “Bargaining Unit” means those persons described in Certificate Number 200-2001 issued by the Alberta Labour Relations Board, that is – “All Employees of the Bethany Care Centre, Calgary, 916 – 18A Street NW, when employed in a paramedical technical/professional capacity” and as may be amended by the Alberta Labour Relations Board.

    “Basic Rate of Pay” means an Employee’s applicable Step in the Salaries Schedule of her classification, including Temporary Assignments, but exclusive of all allowances, overtime and premiums.
    “Casual Employee” means an Employee who:

    (a) works on a call-in basis and is not regularly scheduled; or

    (b) is regularly scheduled to work for a period of three (03) months or less for a specific job; or

    (c) relieves for an absence the duration of which is three (03) months or less.

    “Centre” means the facility administered by the Employer in this Collective Agreement located at 916 – 18A Street NW, Calgary, Alberta.

    “Code” means the Alberta Labour Relations Code as amended from time to time.

    “EMAC” means the Employee-Management Advisory Committee. “Employee” means a person covered by this Collective Agreement employed by the Employer working within the Bargaining Unit. It shall further include any person employed in any new classification added to the bargaining unit in the future.

    “Employer” means the Bethany Care Society, Calgary, Alberta.

    “Feminine Gender” shall be considered as if the masculine has been used where the context herein so requires and vice-versa.

    “Full-time Employee” means an Employee who is regularly scheduled to work the full daily and bi-weekly hours specified in the “Hours of Work” Article of this Collective Agreement.

    “Gross Earnings” means all monies paid by the Employer and earned by an Employee under the terms of this Collective Agreement.

    “Hire Date” means a Regular Employee’s most recent date of hire with the Employer.

    “In-Service” means orientation, acquisition and maintenance of essential skills and other programs offered by the Employer.

    “Month” means the period of time between the date in one month and the preceding date in the following month.

    “On-Call Duty” means those hours of the day when an Employee is not on regular duty but has been directed by the Employer to be readily available to return to work promptly if required to do so.

    “Part-time Employee” means an Employee who is regularly scheduled to work for less than the full daily and/or bi-weekly hours specified in the “Hours of Work” Article of this Collective Agreement.

    “Plural” shall be considered as if the singular has been used where the context herein so requires and vice-versa.

    “Probation Period” means one thousand and seven point five (1007.5) regular hours worked by the Employee exclusive of overtime.

    “Regular Employee” means an Employee who works on a Full-time or Part-time basis on regularly scheduled shifts of a continuing nature.

    “Shift” means a daily tour of duty exclusive of overtime.

    “Shift Cycle” means the period of time when the shift schedule repeats itself. In those instances where the schedule does not repeat itself, the term “Shift Cycle” shall be understood to mean a period of time not exceeding eight (08) weeks.

    “Temporary Employee” means an Employee who is hired on a temporary basis for a full-time or part-time position:

    (a) for a specific job of more than three (03) months but less than twelve (12) months; or

    (b) to replace a full-time or part-time Employee who is on an approved leave of absence for a period in excess of three (03) months; or

    (c) to replace a full-time or part-time Employee who is on a leave due to illness or injury where the Employee on leave has indicated to the Employer that the duration of such leave will be in excess of three (03) months.

    “Trial Period” means five hundred and three point seven five (503.75) regular hours worked by the Employee exclusive of overtime. “Vacation” means annual vacation with pay.

    “Vacation Year” means the twelve (12) month period commencing on the first day of April in each calendar year and concluding on the last day of March of the following calendar year.

    3.01 The Employer reserves all rights not specifically restricted or abrogated by the provisions of this Collective Agreement.

    3.02 Without limiting the generality of the foregoing, the Union acknowledges that it shall be the exclusive right of the Employer to operate and manage its business, including the right to:

    (a) maintain order, discipline and efficiency;

    (b) make, enforce, and alter from time to time, rules and regulations to be observed by an Employee which are not in conflict with any provision of this Collective Agreement;

    (c) direct the working force and to create new classifications and work units and to determine the number of Employees, if any, needed from time to time in any work unit or classification and to determine whether or not a position, work unit, or classification will be continued or declared redundant;

    (d) hire, promote, transfer, lay-off and recall;

    (e) demote, discipline, suspend or discharge for just cause.

    4.01 The Employer recognizes the Union as the exclusive bargaining agent for all Employees employed in the Bargaining Unit as defined by Certificate No. 200-2001 issued by the Alberta Labour Relations Board and as may be amended by that Board from time to time.

    4.02 No Employee shall be required or permitted to make any written or verbal agreement, which may be in conflict with the terms of this Collective Agreement.

    4.03 Except as otherwise specified elsewhere in this Collective Agreement, all correspondence between the parties arising out of this Collective Agreement or incidental thereto shall pass to and from the Administrator or designate of the Employer and the Union with a copy to the Chair of the local unit.

    4.04 An Employee shall not engage in Union business during her working hours without prior permission of the Employer.

    4.05 Any duly accredited Officer employed by the Union may be permitted on the Employer’s premises for the purpose of transacting Union business provided prior permission to do so has been granted by the Employer.

    4.06 A representative of the Union shall have the right to make a presentation of up to forty-five (45) minutes during the probationary period or at the orientation of new Employees with respect to the structure of the Union, as well as the rights, responsibilities and benefits under the Collective Agreement, provided, however, that attendance at the presentation shall not be compulsory and, further, that a representative of the Employer may be present at such presentation. The Employer shall notify the Chairperson one (01) week in advance of the orientation where practicable.

    4.07 The name of a Union representative shall be supplied in writing to the Employer before she is recognized as a Union representative. A representative of the Union shall be entitled to leave work to carry out her functions as provided in this Collective Agreement, provided permission to leave work during working hours and agreement on the length of time of such leave shall first be obtained from the supervisor. Such permission shall not be unreasonably withheld. Provided prior permission was obtained, a representative shall suffer no loss of regular pay for time spent on the Employer’s premises in performing such duties.

    5.01 Membership in the Union is voluntary.

    5.02 Notwithstanding the provisions of Clause 5.01, the Employer will deduct from the gross earnings of each Employee covered by this Collective Agreement an amount equal to the dues as specified by the Union, provided the deduction formula is compatible with the accounting system of the Employer. Such deductions shall be forwarded to the Union not later than the fifteenth (15th) day of the month following and shall be accompanied by a list showing the name, Employee #, unit, address and title of the Employees from whom deductions have been taken and the amount of the deductions and gross earnings of each Employee. Such list shall indicate newly hired Employees. Where the existing computer system is capable, such information will also include status of Employees, the increment level and Employees reclassified, promoted or transferred outside the scope of this Collective Agreement.

    5.03 Dues will be deducted from an Employee’s gross earnings during Sick Leave with pay and during a leave of absence with pay.

    5.04 The Union shall give not less than thirty (30) days notice of any change in the rate at which dues are to be deducted.

    5.05 The Employer will record the amount of Union dues deducted on the T4 forms issued to an Employee for income tax purposes.

    5.06 The Union shall give not less than thirty (30) days notice of a Special Assessment deduction.

    5.07 Where possible, an electronic copy of monthly dues that are outlined in this Article shall be supplied to the Union.

    6.01 Union Commitment

    The Union agrees that there will be no strike as defined by the Code during the life of this Collective Agreement.

    If an Employee engages in a strike, slowdown, stoppage of work, picketing of the Employer’s premises or refusal to perform work during the life of this Collective Agreement, the Union shall instruct her to return to work immediately and perform her duties faithfully and resort to the grievance procedure established herein for the settlement of any difference or grievance. If the Employee does not return immediately, she shall be deemed to have terminated her employment.

    6.02 Employer Commitment

    The Employer agrees that it will not cause or sanction a lockout during the term of this Collective Agreement.

    7.01 (a) If a vacancy within the bargaining unit for a full-time, part-time or temporary position of three (3) months or more, is to be filled, and there are no Employees requiring accommodation, the vacancy shall be posted not less than ten (10) calendar days in advance of making an appointment. First consideration shall be given to Employees of the bargaining unit.

    (b) Where circumstances require the Employer to fill a posted vacancy before the expiry of ten (10) calendar days, the appointment shall be made on a temporary or relief basis only.

    (c) In the case of temporary vacancies resulting from leaves of absence or temporary vacancies resulting from back filling behind leaves of absence, such temporary vacancies may be posted as “Temporary May Become Regular. Such term will indicate that the status of the position and current incumbent may be changed from temporary to regular if it is later determined that the prior incumbent is not returning to their regular position.” The Employer will advise the Union and Employee in writing in advance of such changes becoming effective.

    (d) The notice of posting referred to in this Article shall contain information related to:

    (i) duties of the position;

    (ii) qualifications required;

    (iii) hours of work;

    (iv) status of position, and expected term if a temporary position; and

    (v) classification.

    (e) The Employer shall forward copies of the posting of vacancies of all positions within the bargaining unit as outlined in this Article to the Union within ten (10) calendar days of the posting.

    7.02 Applications for newly created positions, transfers, or promotions shall be made, in writing, to the Employer.

    7.03 The Employer shall, within ten (10) calendar days of making an appointment to fill the vacancy, post the name of the successful candidate with the posting number on the bulletin board provided for that purpose. The notice shall remain posted for ten (10) calendar days. A copy of the notification shall be sent to the Union. The Employer shall provide the Employee with a letter confirming, in writing, the transfer, promotion or selection into the vacancy.

    7.04 (a) Where a vacancy for a temporary position has been filled by the appointment of a regular full-time or part-time Employee, and where, at the completion of the expected term of the temporary position, the Employer decides that the Employee is no longer required in that position, she shall be reinstated in her former position.  If such reinstatement is not possible, the Employee shall be placed in another suitable position.  Such reinstatement or placement shall be without loss of seniority and at not less than the same rate of pay to which the Employee would be entitled had she remained in her former position.

    The reinstatement or placement of an Employee in accordance with this Clause shall not be construed as a violation of the posting provisions of this Article.

    (b) Where a vacancy for a temporary position has been filled by the appointment of a casual Employee, and, where, at the completion of the expected term of the temporary position, the Employer decides that the Employee is no longer required in that position, she shall be reinstated to casual status.

    7.05 When the Employer makes an appointment, promotion or transfer within the bargaining unit, the determining factors shall include:

    (a) requisite job related skills;

    (b) qualifications;

    (c) ability;

    (d) experience; and;

    (e) work performance.

    Where these factors are considered to be equal and satisfactory by the Employer, seniority shall be the deciding factor.

    7.06 Transfers and promotions shall be on a trial basis. The transferred or promoted Employee will be given a trial period of five hundred and three point seven five (503.75) regular hours worked in order to demonstrate her ability to perform the new tasks to the satisfaction of the Employer. Such trial period may be extended by the number of working hours absent for any reason during the trial period. The Employer shall provide an evaluation of the Employee prior to the completion of the trial period. Should such Employee fail to succeed during the aforementioned trial period, the Employer will make a sincere effort to reinstate the Employee in her former position, or, if such reinstatement is not possible, place the Employee in another suitable position. Such reinstatement or placement shall be without loss of seniority and at not less than the same rate of pay to which the Employee would be entitled had she remained in her former position.

    7.07 When an Employee is promoted to a classification to which is assigned a higher salary scale, the salary of such promoted Employee shall be advanced to that Step in the new pay range that is next higher than her current rate of pay or to the step which is next higher again if such salary increase is less than the Employee’s next normal increment on the former salary scale. In the event that a promoted Employee is at the last increment in the scale for the classification held prior to the promotion, her salary shall be advanced to that step in the scale which is next higher than her current rate, or if such salary increase is less than the Employee’s last normal annual increase, she shall be advanced to the step which is next higher again in the scale.

    7.08 An Employee’s anniversary date for the purpose of qualifying for an annual increment shall be the effective date of the Employee’s appointment to a new classification.

    7.09 When, because of inability to perform the functions of a position or because of ill health or by her request, an Employee is transferred to a classification to which is assigned a lower salary scale, her rate will be adjusted immediately to that rate in the lower salary scale that will result in the recognition of service from the date the current period of continuous employment commenced.

    7.10 Promotion shall not be used to fill a temporary vacancy of less than three (3) months. In the event that an Employee is assigned to a classification with a higher salary scale in order to fill a temporary vacancy, the provisions of Article 17 shall apply.

    8.01 A newly-hired regular or temporary Employee shall serve a probationary period of one thousand and seven point five (1007.5) hours worked exclusive of overtime hours immediately following the date on which the current period of continuous employment commenced. The probationary period may be extended for a period up to an additional five hundred and three point seven five (503.75) hours worked, exclusive of overtime hours worked. During the extended period, the Employee shall be given regular feedback regarding her performance. If, in the opinion of the Employer, the Employee is found to be unsatisfactory, she may be terminated without notice and without recourse to the grievance procedure.
    Hours worked as a casual Employee in the same classification shall be considered as contributing to the completion of a probationary period up to a maximum of two hundred and forty-eight (248) hours provided that not more than three (3) months have elapsed since she worked for the Employer.

    8.02 The Employer shall provide a written evaluation to each probationary Employee prior to the completion of her probationary period. The written evaluation will notify the Employee of any deficiencies and provide the Employee with the opportunity to correct them during the probationary period.

    8.03 An Employee who has completed her probationary period and has remained in the employ of the Employer in a position covered by this Collective Agreement will not subsequently be placed on probation.

    9.01 (a) For Regular and Temporary Employees, seniority with the Employer starts on the most recent date on which the Employee commenced employment in the bargaining unit. For Regular and Temporary Employees who have been continuously in the bargaining unit since the date of certification, their seniority will be calculated from their most recent date of hire preceding the date of certification.

    (b) For Casual Employees whose status changes to Regular or Temporary, the seniority date shall be established by dividing their contiguous hours by two thousand and twenty-two point seven five (2,022.75), worked since their most recent date on which the Employee commenced employment in the bargaining unit.

    (c) For someone subsequently determined by the Labour Relations Board or agreed to by the Parties as being in the bargaining unit, the seniority date shall be the date established by the Labour Relations Board or as agreed to by the Parties.

    9.02 Seniority shall not apply during the probationary period; however, once the probationary period has been completed seniority shall be credited as provided in Clause 9.01.

    9.03 Seniority shall be the determining factor in:

    (a) preference of vacation time subject to the Vacation Article of this Collective Agreement;

    (b) layoffs and recalls, subject to the Layoff & Recall Article of this Collective Agreement;

    (c) promotions and transfers within the bargaining unit subject to the Appointments, Promotions, Transfers and Vacancies Article of this Collective Agreement;

    9.04 Seniority shall be considered broken, all rights forfeited, and there shall be no obligation to rehire:

    (a) when an Employee resigns or is terminated from her position with the Employer; or

    (b) upon the expiry of twelve (12) months following layoff during which time the Employee has not been recalled to work; or

    (c) if an Employee does not return to work on recall as per the Layoff and Recall Article of this Collective Agreement.

    9.05 The Employer shall provide the Union within two (2) months of the signing of this Collective Agreement and in January and July of each year thereafter, a listing of the Employees in order of seniority in accordance with the provisions of this Article. This listing shall be provided monthly if there are Employees on layoff. The Employer will endeavour to provide the list more frequently when available.

    10.01 Regular hours of work for a full-time Employee, exclusive of meal periods, shall be:

    (a) seven and three-quarter (73/4) work hours per day; and

    (b) an average of seventy-seven and one-half (771/2) work hours in a fourteen (14) day period.

    10.02 Meal Periods and Rest Periods
    (a) Regular hours of work shall include, as scheduled by the Employer, two (2) rest periods of fifteen (15) minutes during each shift of seven and three-quarters (73/4) hours and exclude an unpaid meal period of not less than thirty (30) minutes.

    (b) Availability During Meal Periods
    When an Employee is required by the Employer to remain readily available for duty during her meal period, she shall be paid for the meal period at her basic rate of pay unless she is permitted to take compensating time off for the full meal period at a later time in the shift. Such paid meal period shall not be included in the calculation of regular hours of work.

    (c) Working During Meal and Rest Periods
    If an Employee is required to work during her meal period or rest period, compensating time off for the full meal period or rest period shall be provided later in the shift, or she shall receive pay for the full meal period or rest period in accordance with the following:

    (i) for a rest period, she shall be paid at the applicable overtime rate instead of her basic rate of pay;

    (ii) for a meal period that she is not required to be readily available pursuant to Article 10.02(b), she shall be paid at the applicable overtime rate;

    (iii) for a meal period that she is required to be readily available pursuant to Article 10.02(b), she shall be paid the applicable overtime rate in lieu of the premium pursuant to 10.02 (b);

    (iv) Only meal or rest periods which result in more than seven and three quarter (73/4) hours being worked in a day may be banked for the purpose of lieu time.

    10.03 Subject to Article 10.02, hours of work shall be consecutive.

    10.04 On the date fixed by proclamation, in accordance with the Daylight Saving Time Act, of conversion to Mountain Standard Time, regular hours of work shall be extended to include the resultant additional hour with additional payment due at the applicable overtime rate. On the date fixed by said Act for the resumption of Daylight Saving Time, the resultant reduction of one (1) hour in the shift involved shall be effected with the appropriate deduction in regular earnings.

    11.01 An Employee shall be aware that she may be required to work various shifts throughout the twenty-four (24) hour day and the seven (7) days of the week. The first shift of the working day shall be the one wherein the majority of hours worked fall between 2400 and 0800 hours.

    11.02 Shift Scheduling Standards and Premiums for Non-compliance

    (a) Except in cases of emergency or by mutual agreement between the Employer and the Employee, shift schedules shall provide for:

    (i) at least two (2) of the scheduled days off to be consecutive in each two (2) week period;

    (ii) where possible, one (1) weekend off in each two (2) week period but, in any event, two (2) weekends off in each five (5) week period;

    (iii) at least twelve (12) hours off duty between the end of one shift and the commencement of the next shift;

    (iv) not more than seven (7) consecutive scheduled days of work.

    (b) Where the Employer is unable to provide the provisions of Article 11.02(a) (i), (ii), or (iii), and an emergency has not occurred, nor has it been mutually agreed otherwise, the following conditions shall apply:

    (i)    failure to provide days off in accordance with Article 11.02(a)(i) shall   result in the payment to each affected Employee of overtime pursuant to the Overtime Article of this Collective Agreement for one (1) regular shift worked during the two (2) week period;

    (ii) failure to provide both of the required two (2) weekends off duty in accordance with Article 11.02(a)(ii) shall result in payment to each affected Employee of overtime pursuant to the Overtime Article of this Collective Agreement for each of four (4) regular shifts worked during the five (5) week period;

    (iii) failure to provide one (1) of the required two (2) weekends off duty in accordance with Article 11.02(a)(ii) shall result in payment to each affected Employee of overtime pursuant to the Overtime Article of this Collective Agreement for each of two (2) regular shifts worked during the five (5) week period;

    (iv) failure to provide twelve (12) hours off duty in accordance with Article 11.02(a) (iii) shall result in payment of overtime pursuant to the Overtime Article of this Collective Agreement for hours worked on that next shift.

    (c) For the purpose of this provision, “weekend” shall mean a consecutive Saturday and Sunday assuring a minimum of fifty-six (56) hours off duty.

    (d) An Employee required to rotate shifts shall be assigned day duty approximately one-third (1/3) of the time unless mutually agreed to by the Employer and Employee provided that, in the event of an emergency or where unusual circumstances exist, the Employee may be assigned to such shift as deemed necessary by the Employer.

    For the purpose of applying this provision:

    (i) scheduled days off shall not be considered as day duty; and

    (ii) time off on vacation shall only be considered as day duty if day duty would have been worked by the Employee according to the shift schedule save and except for the vacation.

    11.03 Schedule Posting and Schedule Changes

    (a) Unless otherwise agreed between the Employer and the Union, shift schedules shall be posted eight (8) weeks in advance. If a shift schedule is changed after being posted, the affected Employees shall be provided with at least seven (7) calendar days notice of the new schedule. In the event that an Employee’s schedule is changed in the new shift schedule and she is not provided with at least seven (7) calendar days notice, she shall be entitled to premium payment subject to the provisions of Article 11.03(b), (c) and (d).

    (b) Unless an Employee is given at least seven (7) calendar days notice of a change of her scheduled day(s) off, she shall be paid overtime pursuant to the Overtime Article of this Collective Agreement for hours worked on such day(s) unless such change is at the Employee’s request.

    (c) If, in the course of a posted schedule, the Employer changes the Employee’s scheduled shift (i.e., days to evenings, days to nights or evenings to nights) but not her day off, she shall be paid overtime pursuant to the Overtime Article of this Collective Agreement for hours worked on the first shift of the changed schedule unless at least seven (7) calendar days notice of such change has been given.

    (d) If, in the course of a posted schedule, the Employer changes the Employee’s shift start time by more than two (2) hours, she shall be paid overtime pursuant to the Overtime Article of this Collective Agreement for hours worked on this shift unless at least seven (7) calendar days notice of such change has been given.

    11.04 In the event that an Employee reports for work as scheduled and is required by the Employer not to commence work but to return to duty at a later hour, she shall be compensated for that inconvenience by receiving two (2) hours pay at her basic rate of pay.

    11.05 Should an Employee report and commence work as scheduled and be required to cease work prior to completion of her scheduled shift and return to duty at a later hour, she shall receive her basic hourly rate of pay for all hours worked with an addition of two (2) hours pay at her basic rate of pay for that inconvenience.

    11.06 Employee Initiated Schedule Changes

    When the Employer approves an Employee’s request to temporarily change/trade her scheduled hours of work, such schedule change will not constitute an “Employer” schedule change as contemplated in Articles 11 and 29.

    Employer approval of the foregoing schedule changes shall be subject to operational requirements and will not result in additional cost to the Employer. In all cases, Employees will be paid at straight time with no eligibility for premiums.

    11.07 Subject to operational requirements, the Employer will not unreasonably deny an Employee’s request for vacation under this Collective Agreement.

    12.01 Overtime is all time authorized by the Employer and worked by an Employee in excess of seven and three-quarters (73/4) hours per day or on scheduled days of rest.

    12.02 The Employer shall designate an individual who may authorize overtime.

    12.03 Authorization for overtime after the fact by the Employer shall not be unreasonably denied where overtime arises as a result of unforeseeable circumstances in which it is impossible to obtain prior authorization.

    12.04 Overtime will be paid in accordance with the following:

    (a) For work in excess of seven and three-quarter (7 3/4) hours per day, two (2) times (2X) her basic rate of pay, exclusive of meal periods, if taken. This overtime payment will cease and the Employee’s basic rate of pay will apply at the start of the next regularly scheduled shift.

    (b) For work on scheduled day(s) of rest, two (2) times (2X) her basic rate of pay. This overtime payment will cease and the Employee’s basic rate of pay will apply at the start of her next scheduled shift.

    12.05 Subject to mutual agreement between the Employer and an Employee, the Employee may be granted time off duty in lieu of overtime payments at the applicable premium rate. Unless mutual agreement between an Employee and the Employer is reached as to when accumulated overtime will be taken as time off in lieu of overtime payment, such liability of the Employer as of the last day of March shall be paid out.

    12.06 Except in cases of emergency, no Employee shall be required or permitted to work more than a total of sixteen (16) hours (inclusive of regular and overtime hours) in a twenty-four (24) hour period beginning at the first hour the Employee reports for work.

    12.07 Rest periods and meal periods shall be provided in accordance with the Hours of Work Article of this Collective Agreement.

    12.08 Employees shall not be required to layoff during their regular scheduled shifts to equalize any overtime worked previously.

    13.01 A Shift Differential of two dollars and seventy-five cents ($2.75) per hour shall be paid to:

    (a) Employees working a shift wherein the majority of the hours of such shift falls within the period eighteen hundred (1800) to zero seven hundred (0700) hours; or

    (b) Employees for each regularly scheduled hour worked between eighteen hundred (1800) hours to zero seven hundred (0700) hours provided that greater than two (2) hours are worked between eighteen hundred (1800) and zero seven hundred (0700) hours.

    13.02 Shift differential shall not be considered part of the Employee’s basic hourly rate of pay.

    13.03 Shift differential shall be paid in addition to the overtime rate for overtime worked in conjunction with the shift worked in (.01) above.

    13.04 Where applicable, Shift Differential and Weekend Premium will both be paid.

    14.01 A weekend premium of three dollars and twenty-five cents ($3.25) per hour shall be paid to Employees working a shift wherein the majority of hours worked falls within the period commencing at eighteen hundred (1800) hours on a Friday and ending at seven hundred hours (0700) hours on the following Monday.

    14.02 Weekend Premium shall not be considered part of the Employee’s basic hourly rate of pay.

    14.03 Where applicable, Shift Differential and Weekend Premium will both be paid.

    ON-CALL DUTY

    15.01 For each full hour that an Employee is assigned to On-Call duty by the Employer, she shall be paid:

    (a) three dollars and thirty cents ($3.30) per hour; or

    (b) on scheduled days off and Named Holidays, the sum of four dollars and fifty centre ($4.50) per hour.

    A Named holiday or scheduled day off shall run from zero zero zero one (0001) hours on the Named Holiday or scheduled day off to twenty-four hundred (2400) hours of the same day.

    15.02 On-Call Duty applies only to those hours when an Employee is not at work at the Centre but is required to be readily available to return to work should the need arise.

    15.03 Unless otherwise agreed between the Employer and the Union, on-call periods shall be scheduled at least eight (8) weeks in advance excepting in cases of emergency. Employees whose on-call schedule has been changed with less than seven (7) calendar days notice shall be paid at the higher on-call rate.

    15.04 Wherever possible, the Employee shall not be assigned to On-Call duty more than seven (7) consecutive calendar days. Employees assigned to on-call duty more than seven (7) consecutive days in any two (2) week period shall be paid the higher on-call rate for the eighth (8th) and subsequent days in that two (2) week period. Where an Employee is on- call for more than seven (7) consecutive calendar days at her request or as the result of an exchange with another Employee, the regular on-call rates shall apply.

    15.05 Regulations in respect of approval or authorization for On-Call duty and the procedures which are to be followed by an Employee shall be prescribed by the Employer.

    15.06 Employees may trade On-Call duty days provided:

    (a) they have obtained the Employer’s prior approval; and

    (b) there is no additional cost to the Employer.

    15.07 Where the Employer requires an Employee to carry a pocket pager while on-call, such pagers shall be supplied by the Employer at no cost to the Employee. The number and distribution of pagers shall be determined by the Employer and shall remain the property of the Employer.

    CALL-BACK

    15.08 For each occasion on which an Employee is called back to duty during the Employee’s on-call period, the Employee shall be deemed to be working overtime and shall be paid for all hours worked during the on- call period or for three (3) hours, whichever is the longer, at the overtime rate of two times (2X) the basic rate of pay for the first (2) hours and after two (2) hours on any single call-back, two times (2X) the basic rate of pay will apply. The three (3) hour call-back minimum shall not apply when an Employee is called and required to work overtime contiguous with the commencement of her regularly scheduled shift. An Employee called back to duty will be permitted to leave the Facility upon completion of the procedure or examination for which she was called back. However, any further requests for procedures received by an Employee prior to leaving the Facility following completion of the work required on the initial call shall be considered one (1) call for the purpose of determining call-back pay.

    15.09 When a Regular or Temporary Employee, who has not been assigned On-Call duty, is called and required to report for work, she shall be paid for all hours worked during the call-back period or for three (3) hours, whichever is the longer, at the overtime rate of one and two times (2X) the basic rate of pay for the first two (2) hours, and after two (2) hours on any single call-back, two times (2X) the basic rate of pay will apply. The three (3) hour call-back minimum shall not apply when an Employee is called and required to work overtime contiguous with the commencement of her regularly scheduled shift.

    15.10 If mutually agreed between the Employer and the Employee, equivalent time off in lieu of pay may be granted. Time off not taken by the last day of March in any given year shall be paid out.

    15.11 An Employee who is called back shall be reimbursed for reasonable, necessary, and substantiated transportation expense and, if the Employee travels for such purpose by private automobile, she shall be reimbursed at the Bethany Care Society policy rate, from the Employee’s residence to the facility and return; provided the call back is not contiguous with the scheduled shift.
    15.12 An Employee called back to duty on a Named Holiday shall be:

    (a) compensated in accordance with the provisions of this Article; and

    (b) given compensating time off at her basic rate of pay for actual hours worked on the call-back at a mutually agreeable time.  Time not taken by the last day of March in any given year shall be paid out.

    15.13 (a) Where an Employee works more than six (6) hours pursuant to this Article she shall be entitled to eight (8) consecutive hours rest before commencing her next scheduled shift, without loss of earnings.

    (b) The Employee in the above situation will advise her Supervisor in advance of the fact that she will not be reporting for duty at her scheduled time.

    (c) This provision is waived if the Employee is granted a request for a particular shift arrangement.

    16A.01 Basic salary scales and increments shall be as set out in the Salaries Appendix and shall:

    (a) be effective on the dates specified therein;

    (b) be applicable to an Employee employed in a designated classification only when such classification has been created within the work force of the Employer and falls within the scope of this bargaining unit;

    (c) form a part of this Collective Agreement.

    16A.02 (a) In the case of full-time Employees, advancement to the next increment will be after 2022.75 regular hours worked. The regular hours that an Employee would have worked during the following Employer paid leaves will be considered as regular hours worked for the purpose of advancing to the next increment: vacation, named holidays, sick leave, lieu time taken, court appearance, bereavement, special leave and education leave. In addition, the hours equivalent to the Employee’s FTE for the first 12 months of an unpaid education leave will be credited toward an Employee’s salary increment.

    16A.03 Both parties to this Collective Agreement recognize that Employees normally improve in skill and ability relative to experience. In the event that there is reason to believe that such improvement has not occurred, an annual increment may be withheld. Where an increment is withheld, the Employee and Union shall be so advised, in writing, and the Employee’s performance will be evaluated, in writing on a month-to- month basis. After she reaches a satisfactory performance level, the increment shall be granted as of that date as the Employee’s anniversary date for increment purposes and shall not be changed.

    16B.01 Provided not more than five (5) years shall have elapsed since the experience was obtained, when a new Employee has experience satisfactory to the Employer, the Employee’s starting salary shall be adjusted as follows:

    (a) All experience satisfactory to the Employer shall be recognized on a one-for-one basis, up to the top increment in the salary scale.

    (b) Additional time worked not credited for purposes of initial placement on the salary scale shall be applied towards the calculation of the next increment.

    For regulated professions, the Employer may recognize work experience notwithstanding a break in service of more than five (5) years if the Employee has fulfilled the licensing requirements of the Employee’s professional body to maintain standing in that profession.

    16B.02 Such salary adjustment shall be effective the date the Employee submits documentation of her/his experience to the Employer.

    16B.03 The foregoing will apply only to Employees who are hired on or after April-19, 2004.

    16B.04 The Employer will advise all Employees in writing at the time of hire as to the pay grade and Step placement in the Salary Appendix.

    17.01 When an Employee is directed by the Employer to perform the substantive duties of a classification covered by this Collective Agreement to which is assigned a higher salary scale for a full shift or longer, she shall be paid in addition to her hourly rate as set out in the Salaries Appendix, the difference between the beginning rate in the salary scale for her classification and the beginning rate in the salary scale of the classification to which she is temporarily assigned. The resultant basic rate of pay shall not exceed the maximum rate of the salary scale of the classification to which she is temporarily assigned. This provision shall not apply where the period of temporary assignment is less than one (1) full shift.

    17.02 During periods of Temporary Assignment to a classification to which is assigned a higher salary scale, an Employee so assigned shall receive any overtime based on the higher basic rate of pay.

    17.03 When an Employee is directed by the Employer to perform the substantive duties of a classification not covered by this Collective Agreement for a full shift or longer, she shall be paid in addition to her current basic rate of pay, a premium of one dollar ($1.00) per hour for all hours worked during the Temporary Assignment. An Employee so assigned shall continue to be covered by the terms and conditions of this Collective Agreement.

    17.04 At the conclusion of the Temporary Assignment, an Employee shall be returned to her base position in the bargaining unit.

    18.01 Vacation Entitlement

    (a) Subject to the terms of this Collective Agreement, a Full-Time Employee shall earn vacation with pay based on the following:

    Supplementary Vacation
    (b) The supplementary vacations as set out below are to be banked on the outlined supplementary vacation employment anniversary date and taken at a mutually agreeable time subsequent to the current supplementary vacation employment anniversary date but prior to the next supplementary vacation employment anniversary date:

    (i) upon reaching the employment anniversary of twenty-five (25) years of continuous service, Employees shall have earned an additional five (5) work days vacation with pay;

    (ii) upon reaching the employment anniversary of thirty (30) years of continuous service, Employees shall have earned an additional five (5) work days vacation with pay;

    (iii) upon reaching the employment anniversary of thirty-five (35) years of continuous service, Employees shall have earned an additional five (5) work days vacation with pay;

    (iv) upon reaching the employment anniversary of forty (40) years of continuous service, Employees shall have earned an additional five (5) work days vacation with pay;

    (v) upon reaching the employment anniversary of forty-five (45) years of continuous service, Employees shall have earned an additional five (5) work days vacation with pay.

    18.02 Time of Vacation
    (a) All vacation earned during one (1) vacation year shall be taken during the next following vacation year, at a mutually agreeable time, except that an Employee may be permitted to carry forward a portion of vacation entitlement to the next vacation year. Requests to carry forward vacation shall be made, in writing. At the discretion of the Employer, an Employee may be permitted to carry over a maximum of 38.75 hours to the next vacation year.

    (b) Notwithstanding Article 18.02(a) above, an Employee shall have the right to utilize vacation credits during the vacation year in which they are earned, provided the following conditions are met:

    (i) such utilization does not exceed the total credits earned by an Employee at the time of taking vacation; and

    (ii) such vacation is taken at a mutually agreeable time.

    (c) An Employee may request vacation leave during any period of the year.

    (d) Upon the request of an Employee, earned vacation credits may be divided into more than one (1) vacation period if approved by the Employer. Such request shall not be unreasonably denied.

    18.03 The Employer shall post a twelve (12) calendar month vacation schedule planners at the work site in accordance with its current practice.

    18.04 An Employee shall submit her choice of vacation dates to the Employer for approval within the time frames established by the Employer.

    18.05 An Employee will submit her annual vacation request on or before the March 31 deadline if she wishes to exercise her seniority for her vacation request. Annual vacation requests received after the March 31 deadline will be on a first-come first served basis for that vacation year.

    18.06 In expressing her vacation preferences, subject only to the Employer’s operational requirements, an Employee will have a guarantee of vacation in at least one (1) of three (3) “prime times”.

    “Prime times” will be as follows:

    (a) Easter from one (1) week before until one (1) week after Easter Sunday in each year;

    (b) Summer from June 1 until October 1 in each year;

    (c) Christmas from December 15 of one calendar year until January 2 of the following calendar year.

    18.07 An Employee can only use her seniority to obtain the same vacation “prime time” two (2) years in a row.

    18.08 Subject to operational requirements, every reasonable effort will be made to grant Employees their choice of vacation.

    18.09 The Employer will respond to vacation requests within three (3) weeks of the deadlines or within three (3) weeks of requests received after the deadlines.

    18.10 Vacation with pay shall not accrue while an Employee is:

    (a) on layoff; or

    (b) in receipt of Short or Long Term Disability benefits; or

    (c) in receipt of Workers’ Compensation benefits in excess of thirty (30) calendar days; or

    (c) on a leave of absence in excess of thirty (30) calendar days.

    18.11 Any remaining previously earned vacation time not booked prior to the end of the vacation year shall be paid out.

    18.12 An Employee shall not be permitted to work pick-up shifts during their vacation period.

    19.01 Full time Employees shall be eligible to receive a day off with pay on or for the following Named Holidays:and all general holidays proclaimed to be a Statutory Holiday by any of the following:

    (a) the Municipality of Calgary;(b) the Province of Alberta; or (c) the Government of Canada.

    19.02 In addition to the foregoing Named Holidays, Full-time Employees who are in employment with the Employer as of April 1st, shall be granted an additional holiday as a “Floater” holiday, until an additional Named Holiday is proclaimed by any of the authorities named in Clause 19.01(a), (b) or (c) above at which time the Floater holiday will be replaced by the new Named Holiday and will be subject to the provisions of this Article. The Floater Holiday will be scheduled by mutual agreement between the Employer and Employee. If the holiday is not taken by the last day of December in any given year, it shall be paid out.

    19.03 To qualify for a Named Holiday with pay, the Full-time Employee:

    (a) must work her scheduled shift immediately prior to and immediately following the holiday, except where the Employee is absent due to illness, or other reasons acceptable to the Employer; and

    (b) must work on the holiday when scheduled or required to do so.

    19.04 (a) No payment shall be due for a Named Holiday which occurs during:

    (i) a lay-off; or

    (ii) all forms of leave during which an Employee is not paid.

    (b) No additional payment shall be due for a Named Holiday that occurs during a period when an Employee is receiving Short Term Disability, Long Term Disability or Workers’ Compensation benefits.

    19.05 An Employee obliged in the course of duty to work on a Named Holiday shall be paid for all hours worked on the Named Holiday at one and one- half times (11/2X) her basic rate of pay plus:

    (a) one (1) days pay; or

    (b) an alternate day off at a mutually agreed time; or

    (c) by mutual agreement, a day added to her next annual vacation; or

    (d) failing mutual agreement within thirty (30) calendar days as to the option to be applied, it shall be deemed that payment of one (1) days pay at the basic rate of pay is desired; and

    (e) compensating time off, at her basic rate of pay, for all hours worked in excess of seven and three quarter (73/4) hours.

    19.06 (a) Time worked shall be deemed to have been worked on the day on which the majority of hours of the shift fall.

    (b) For clarification, a Named Holiday or scheduled day off shall commence at the beginning of the night shift, the first shift of the shift day, and end with the evening shift, the last shift of the shift day.
    19.07 When a Named Holiday falls during an Employee’s annual vacation, the Employee shall receive:

    (a) by mutual agreement, a day added to the vacation period; or

    (b) an alternate day off at a mutually agreed time; or

    (c) failing mutual agreement as to the option to be applied, one (1) day pay at her basic rate of pay.

    19.08 The Employer shall rotate, as evenly as possible, amongst Employees in a department or section, as applicable, the requirement to work on a Named Holiday.

    19.09 If a date is not designated pursuant to this Article and subject to Clause 19.02 of this Article, when a Named Holiday falls on a day that would otherwise be an Employee’s regularly scheduled day off, the Employee shall receive:

    (a) one (1) day pay; or

    (b) an alternate day off at a mutually agreed time; or

    (c) by mutual agreement, a day added to her next annual vacation; or

    (d) failing mutual agreement within thirty (30) calendar days as to the option to be applied, it shall be deemed that payment of one (1) day pay at the basic rate of pay is desired.

    19.10 Notwithstanding the above language, any remaining alternate days off not taken by December 31st of each year shall be paid out at the Employee’s basis rate of pay.

    20.01 General Conditions

    (a) Requests for a leave of absence, without pay or benefit of Employer contributions will, where possible, be made in writing to the Employer thirty (30) calendar days in advance, except that in extenuating circumstance the time factor may be waived or reduced. The granting of leaves of absence is subject to the approval of the Employer. Normally the Employer will reply in writing to a request for leave of absence within seven (7) days of receipt of the request, exclusive of Saturdays, Sundays and Named Holidays. If the request cannot be granted, the Employee will be provided with the reason(s) in writing.

    (b) Except as provided elsewhere in this Collective Agreement, during leaves of absence without pay of longer than thirty (30) calendar days, and subject to approval by the Insurer(s), Employees may elect to maintain coverage of contributory plans specified in this Collective Agreement, provided that the Employee makes prior arrangements to pay full premium costs. Failure to pay the full premium costs prior to the commencement of the leave of absence may mean, at the discretion of the Insurer, that the Employee will not be in receipt of benefit coverage.

    (c) For the portion of maternity leave during which an Employee has a valid health-related reason for being absent from work and who is in receipt of Sick Leave, EI SUB Plan benefits, STD or LTD, benefit plan premium payments shall be administered in the same fashion as an Employee absent due to illness.

    (d) An Employee who has been granted leave of absence of any kind and who overstays her leave without permission of the Employer shall be deemed to have terminated her employment.

    (e) Excluding Adoption, Union, Maternity and Paternity Leave, Employees requesting a leave of absence in excess of thirty (30) days may, at the discretion of the Employer, be required to use up previous years accumulated vacation entitlement prior (contiguous) to the commencement of the requested leave of absence.

    20.02 Union Business

    (a) Where permission has been granted by the Employer for an Employee, who is a locally elected representative of the Union, to leave her employment temporarily in order to represent another Employee at an investigative meeting or grievance proceeding with the Employer, they shall suffer no loss of pay for the time so spent.

    (b) One (1) Employee who is hired to a paid position with the Union shall be granted leave of absence without pay for a maximum period of 1 year. Such leave of absence shall be renewable for a further term upon written request. If it is permissible under the pension and group life plan and any other welfare plans, the Employee shall have the right to pay the full cost, including the Employer’s share, during the period of such leave of absence.

    (c) The Employer may grant leave of absence with pay to Employees to attend Union conventions, seminars, education classes or to perform the duties of any office of the Union. A request for leave shall be submitted in writing to the Employer with as much advance notice as possible, preferably four (4) weeks in advance, and approval will be subject to the efficient operation of the site. Requests for leave will not be unreasonably denied.

    (d) One representative of the Union from each of the functional areas of therapy and social work shall be granted time off with pay, and without loss of seniority, in order to participate in negotiations between this Bargaining Unit and the Employer.

    (e) To facilitate the administration of Union, leave as provided in (c) and (d) above, where Union leave has been granted, the Employer will continue the salary, plus any shift differential and/or weekend premium the Employee would have been paid had she been at work during such leave. In turn, the Employer shall invoice the Union for the actual salary plus any shift differential and/or weekend premium paid to the Employee or for replacement salary costs, whichever is greater, plus an amount determined by the Employer to cover the costs of benefits and administration.

    20.03 (a) Maternity Leave

    (i) An Employee who has completed six (6) months continuous employment shall, upon her written request, providing at least twenty-eight (28) calendar days advance notice, be granted maternity leave to become effective at any time during the twelve (12) weeks immediately preceding the expected date of delivery, provided that she commences maternity leave no later than the date of delivery. A pregnant Employee whose continued employment in her position may be hazardous to herself or to her unborn child, in the written opinion of her physician, may request a transfer to a more suitable position if one is available. Where no suitable position is available, the Employee may request Maternity Leave as provided by this Article if the Employee is eligible for such leave.

    Such leave shall be without pay and benefits, except for the portion of maternity leave during which the Employee has a valid health-related reason for being absent from work and is also in receipt of Sick Leave, EI Sub Plan benefits, STD or LTD. Maternity leave shall not exceed fifty-two (52) weeks unless mutually agreed otherwise between the Employer and the Employee.

    (ii) An Employee requesting an extension of her maternity leave beyond fifty-two (52) weeks may be required to use any banked and/or unused vacation entitlement as part or all of the extension.

    (b) Parental Leave
    A father-to-be who has completed six (6) months continuous employment shall upon his written request, be granted an unpaid leave to commence two (2) weeks prior to the delivery or such longer period as may be mutually agreed between the Employee and the Employer. Such leave shall be without pay and benefits and shall not exceed thirty-seven (37) weeks.

    (c) Adoption Leave

    (i) An Employee who has completed six (6) months continuous employment shall upon written request, giving twenty-eight (28) calendar days notice before the Employee can reasonably expect to first obtain custody of the child being adopted, be granted leave without pay for up to thirty-seven (37) weeks as necessary for the purpose of adopting a child.

    (ii) Where the Employee is unable to comply with (c) (i) above, the Employee may commence adoption leave upon one day notice provided that application for such leave was made when the adoption was approved and the Employer is kept informed of the progress of the adoption proceedings.

    20.04 Return to Work

    (a) An Employee on an approved Adoption, Maternity or Parental leave shall provide the Employer with at least twenty-eight (28) calendar days notice, in writing of their readiness to return to work, following which the Employer will reinstate her in the same or an equivalent position at not less than the same step in the pay scale and other benefits that accrue to her up to the date she commenced her leave.

    (b) In the event that during the period of an Employee’s adoption, maternity or parental leave, the position from which the Employee is on such leave has been eliminated due to reduction of the working force or discontinuation of an undertaking or activity and the Employer has not increased the working force or resumed operations on the expiry of the Employee’s leave and the returning Employee does not have sufficient seniority to displace any other incumbent, the name of the Employee will be added to the list of laid off Employees. Upon increasing the working force, resumption of the business, undertaking, or activity, recall or reinstatement to the working force shall be in compliance with the Recall provisions of this Collective Agreement.

    20.05 Court Appearance

    (a) An Employee required by law to appear in court for jury selection, as a member of a jury, or as a witness in matters arising out of her employment with the Employer, shall be paid the difference between the pay received for such court service and the pay the Employee would have normally received if she had been working, based on the basic rate of pay. Where practicable the Employee will report to work during those hours that she is not required to attend court. For the purpose of the Employee reporting to work, travel time shall be considered as time required to attend court.

    (b) Where an Employee is required by law to appear before a court of law for reasons other than those stated in (a) above, she shall be granted a leave of absence without pay.

    20.06 Bereavement Leave

    (a) Upon request, an Employee shall be granted five (05) consecutive calendar days without loss of regular earnings in the event of a death of a member of the Employee’s immediate family (i.e. spouse, child, parent, brother, sister, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent, grandchild, guardian or fiancé). Spouse shall include common-law and/or same sex relationship. Step-parent, step- children, step-brother and step-sister shall be considered as members of the Employee’s immediate family.

    The Employer may extend the above bereavement leave by up to two (2) additional days without loss of regular earnings in the event travel in excess of two hundred (200) kilometres is required to attend the funeral.

    Bereavement leave shall be taken within the ten (10) consecutive calendar days commencing with the date of the death.

    (b) In the event of a death of another relative or close friend, the Employer may grant up to one (1) working day off with pay to attend the funeral services.

    (c) Employees may be required to substantiate, in the form prescribed by the Employer, any claim for bereavement leave. Payment of bereavement leave benefit shall not be effected until required substantiation has been supplied.

    20.07 Special Leave

    (a) Special leave will be for unanticipated absences as the result of illness in the Employee’s immediate family (“Family Leave”) or other pressing necessity (“Pressing Necessity Leave”) requiring the Employee’s immediate personal attention.

    (i) Family Leave
    Family leave is intended to provide Employees with a way of attending to the health needs of their spouse (including common-law and same sex), child, step child or parent. It is for use when the Employee’s attendance is necessary (no one else can be substituted) and they are unable, through other means, to change the time when they need to be in attendance, or to arrange in advance time off work when needed through other means such as shift trades, time off in lieu, or vacation. Employees are required to provide the Employer with notification of leave requirements as early as possible after determining the need.

    (ii) Pressing Necessity Leave
    A pressing necessity is a sudden or unusual circumstance that could not, by the exercise of reasonable judgment, have been foreseen by the Employee and which requires the Employee’s immediate attention (no one else can be substituted) and makes the Employee’s attendance at work impossible. However, it shall not include situations of inclement weather which prevent an Employee from attending at work.

    (b) Special leave is per calendar year and is not cumulative from year to year;

    (c) Regular full-time Employees as of January 01 each calendar year shall be entitled to a maximum of thirty-one (31) special leave non- cumulative hours without loss of pay;

    (d) Regular part-time Employees as of January 01 each calendar year whose full time equivalent (FTE) is zero point five (0.5) or greater shall be entitled to a maximum of twenty-three point two five (23.25) non-cumulative hours without loss of pay prorated based on their FTE.

    (e) The Employee may be required to provide satisfactory proof of illness and/or the sudden or unusual circumstance giving rise to the need for special leave.

    20.08 Education Leave

    (a) Should the Employer direct an Employee to participate in a specific program, such Employee shall be compensated in accordance with the following:

    (i) for program attendance on regularly scheduled working days, the Employee shall suffer no loss of regular earnings;

    (ii) for hours in attendance at such program on regularly scheduled days off, the Employee shall be paid at her basic rate of pay to a maximum of seven and three-quarter (73/4) hours per day;

    (iii) the Employer will pay the cost of the course including tuition fees, reasonable travel and subsistence expenses subject to prior approval.

    (b) An Employee absent on approved education/exchange leave shall be reinstated by the Employer in the same classification held by her immediately prior to taking such leave or be provided with alternate work of a comparable nature.

    20.09 During leaves of absence in excess of thirty (30) days, an Employee may work casual shifts with the Employer without adversely affecting her reinstatement to her position in the bargaining unit from which she is on leave.

    20.10 Terminal Care Leave

    (a) An Employee with a qualified relative in the end-stage of life shall be entitled to leave of absence without pay or benefit of Employer contributions for a period up to six months. Qualified relative means a person in a relationship to the Employee for whom the Employee would be eligible for the compassionate care benefit under Employment Insurance legislation.

    (b) Employees may be required to submit to the Employer satisfactory proof demonstrating the need for Terminal Care Leave.

    21.01 New Classifications

    If the Employer creates a new classification which belongs in the bargaining unit and which is not now designated in this Collective Agreement, or if a new classification is included in the bargaining unit by the Labour Relations Board, the following provisions shall apply:

    (a) The Employer shall establish a position title and a salary scale and give written notice of same to the Union.

    (b) If the Union does not agree with the position title and/or the salary scale, representatives of the Employer and the Union, shall, within thirty (30) days of the creation of the new classification or the inclusion of a new classification in the bargaining unit, meet for the purpose of establishing a position title and salary scale for the new classification.

    (c) Should the parties, through discussion and negotiation, agree in regard to a salary scale for the new classification the salary scale shall be retroactive to the date that the new classification was implemented.

    (d) Should the parties through discussion and negotiation not be able to agree to a position title, it is understood that the Employer’s decision in respect to the position title shall not be subject to the Grievance and Arbitration procedure contained in this Collective Agreement or in the Code.

    (e) Should the parties not be able to agree, the Union may, within sixty (60) days of the date the new classification was created or included in the bargaining unit, refer the salary scale to Arbitration. Should the Union not refer the matter to Arbitration within the stated time limit, the final position of the Employer, as stated in negotiations, shall be implemented.

    21.02 Classification Review

    (a) When an Employee has good and sufficient reason (such as the primary responsibilities and/or qualifications of her position have been substantively changed, she may apply to the Administrator of the Centre (or designate) to have her classification reviewed. The Administrator of the Centre (or designate) will give consideration to such application and notify the Employee accordingly.

    (b) Should the Employee feel that she has not received proper consideration in regard to a classification review, she may request that the matter be further reviewed by discussion between the Union and the Employer.

    (c) The Employer shall notify the Union of its position within thirty (30) days of the matter being brought to the Employer by the Union.

    (i) Where the decision of the Employer relates to an Employee- initiated request for a change in classification, the Employer’s decision shall not be subject to the Grievance Procedure and Arbitration.

    (ii) Where the decision of the Employer relates to an Employer- initiated down-grading in classification, the affected Employee shall be entitled to use the Grievance Procedure and Arbitration.

    22.01 Copies of job descriptions for classifications in the bargaining unit shall be on hand within the appropriate department(s) and shall be available to an Employee upon reasonable request.

    22.02 Upon request, the Employer will provide the Union with a copy of a job description for any classification in the bargaining unit provided that a request for a particular job description is not made more than once in a calendar year.

    23.01 The Parties to this Collective Agreement recognize the desirability and value of continuing education for Employees and that the responsibility for continuing education, including learning opportunities and in-service programs, lies not only with the Employer but also with the Employee.

    23.02 The provision of learning opportunities for Employees will be determined by the Employer in consideration of financial resources and other criteria determined by the Employer. The Supervisor and the Employee will select learning opportunities based upon the Employee’s learning plan.

    23.03 The Employer reserves the right to identify specific in-service sessions as being compulsory for Employees and those required to attend such sessions shall be paid at their applicable rate of pay.

    23.04 Employees who, with prior approval of their Supervisor, attend in-service programs which are not identified as compulsory by the Employer shall suffer no loss of regular earnings for attending such programs.

    23.05 Employees who, with prior approval of their Manager, attend educational programs which are not offered by the Employer shall suffer no loss of regular earnings for attending such programs.

    23.06 (a) Professional Development leave is per calendar year and is not cumulative from year to year;

    (b) Regular full-time Employees as of January 01 each calendar year shall be entitled to a maximum of thirty-one (31) professional development non-cumulative hours without loss of pay;

    (c) Regular part-time Employees as of January 01 each calendar year whose full time equivalent (FTE) is zero point five (0.5) or greater shall be entitled to a maximum of thirty-one (31) non-cumulative hours without loss of pay prorated based on their FTE.

    (d) Application for time off with pay for Professional Development shall be made in writing, to the Employer as early as possible.

    24.01 (a) The Parties to this Collective Agreement recognize the desirability and value of Employee evaluations which may include an Employee’s learning plan(s) and joint participation in such process by both the Employee and the Supervisor.

    (b) Evaluations shall be for the constructive review of the performance of the Employee.

    (c) An Employee will meet with her Supervisor annually or not less than once every second year to discuss the Employee’s performance and to review (and update as necessary) the Employee’s learning plan. The Supervisor conducting the evaluation will be outside the scope of the bargaining unit.

    (d) Evaluation meetings will take place during an Employee’s scheduled hours of work with at least forty-eight (48) hours advance notice to the Employee;

    24.02 Employee evaluations, including any documents resulting from the evaluation, shall be in writing. The Employee shall sign the completed evaluation for the sole purpose of indicating that she is aware of the evaluation.

    24.03 The Employee shall be given a copy of the evaluation not later than ten (10) calendar days from the interview date. The Employee shall have the right to respond in writing within ten (10) days of receipt of the evaluation and her response shall be placed in her personnel file.

    24.04 The Supervisor and the Employee will develop a learning plan for the next review period.

    24.05 Both the Supervisor and the Employee keep a copy of the completed performance review and learning plan so that progress can be reviewed on a regular basis. The learning plan shall be part of the Employee personnel file.

    24.06 Personnel File

    (a) By appointment made at least one (1) working day in advance, an Employee may view her personnel file once each year. The Employee may be required to report to the Human Resources office to view the file.

    (b) An Employee shall be given a copy of the contents of her personnel file upon request, not more frequently than once in a calendar year, provided that she first pays to the Employer a reasonable fee, established by the Employer, to cover the cost of copying.

    24.07 An Employee’s performance appraisal shall not be released by the Employer to any person except to a Board of Arbitration, the Employer’s Counsel or as required by law, without the written consent of the Employee.

    25.01 (a) Sick Leave is provided by the Employer as a form of insurance, for the purpose of maintaining regular earnings, during absences due to illness or accidents for which compensation is not payable under the Workers’ Compensation Act or for quarantine by the Medical Officer of Health;

    (b) The Employer recognizes that alcoholism, drug addiction and mental illness, are illnesses that can respond to therapy and treatment, and that absences from work due to such therapy shall be considered Sick Leave.

    25.02 An Employee shall be allowed a credit for sick leave from the date of employment at the rate of one and one-half (1 ½) working days for each full month of employment up to a maximum credit of one hundred and twenty (120) working days (nine hundred and thirty hours (930)).

    25.03 Sick leave shall not accrue during the period of such absence in excess of thirty (30) days in the case of:

    (a) illness;

    (b) injury;

    (c) leave of absence;

    (d) unpaid leave while in receipt of weekly indemnity as provided for by the Short Term Disability Insurance Plan or the Long Term Disability Insurance Plan;

    (e) periods while in receipt of compensation from the Workers’ Compensation Board;

    25.04 (a) Employees reporting sick shall advise the Employer as soon as possible and regularly thereafter as required by the Employer;

    (b) In the absence of reasons acceptable to the Employer, failure to give the proper notice may result in loss of Sick Leave benefits for that day of absence.

    25.05 Subject to the above Clauses of this Article, an Employee granted Sick Leave shall be paid, at her basic rate of pay for regularly scheduled shifts absent due to illness, and the number of hours thus paid shall be deducted from her accumulated Sick Leave credits up to the total amount of her accumulated credits at the time the sick leave commenced.

    25.06 Employees may be required to submit satisfactory proof to the Employer of any illness, non-occupational accident, or quarantine. Such disclosure will not be required to be in the form of confidential medical information. Payment of Sick Leave benefit shall not be effected until required substantiation has been supplied.

    25.07 When an Employee has accrued the maximum sick leave credit of one hundred and twenty (120) working days (nine hundred and thirty (930) hours) she shall no longer accrue Sick Leave credits until such time as her total accumulation is reduced below the maximum. At that time she shall recommence accumulating Sick Leave credits.

    25.08 If an Employee requires time off for the purpose of attending a dental, physiotherapy, optical or medical appointment because the named health care provider is not available during the Employee’s off hours or off days, provided she has been given prior authorization by the Employer, such absence shall be charged against her accumulated sick leave. Employees may be required to submit satisfactory proof of such appointment.

    25.09 (a) No sick leave shall be granted for any illness which is incurred once an Employee commences her vacation, in this event, the Employee will be receiving vacation pay. For the purposes of this Article, vacation is deemed to have commenced on the completion of the last regularly scheduled shift worked prior to the vacation period inclusive of scheduled days off.

    (b) Sick leave shall be granted:

    (i) if an Employee becomes ill during her vacation period only after the expiry of the Employee’s vacation and provided the illness continues beyond the vacation;

    (ii) for the period of sick time falling within a scheduled vacation period provided that the Employee becomes ill prior to the commencement of the scheduled vacation. If the Employee so wishes, the number of sick days paid within the scheduled vacation period shall be considered as vacation days not taken and may be rescheduled to a later date.

    (c) Notwithstanding the foregoing, should an Employee demonstrate to the satisfaction of the Employer that she was admitted to hospital as an “in patient” during the course of her vacation, she shall be considered to be on sick leave for the period of hospitalization and subsequent period of recovery provided she notifies her Employer upon return from vacation and provides satisfactory proof of her hospitalization. Vacation time not taken as a result of such stay in the hospital shall be rescheduled to a mutually agreeable time.

    25.10 Upon the written request of an Employee, but not more frequently than once a year, the Employer shall advise an Employee of her accrued Sick Leave credits. Information on an Employee’s sick leave and sick leave entitlement shall be confidential unless the Employee consents in writing to such release.

    25.11 An Employee who has exhausted her sick leave credits during the course of an illness, and the illness continues, shall be deemed to be on sick leave without pay or if applicable, until such time as she qualifies for STD, for the duration of the illness or as provided below, whichever first occurs. The Employee shall keep the Employer advised as to when she shall be expected back to work and shall provide the Employer with fourteen (14) days written notice of readiness to return to work and:

    (a) if the Employee is capable of performing the duties of her former position she shall be reinstated by the Employer in the same position which she held immediately prior to her disability at not less than the same increment in the salary schedule and other benefits that accrued to her prior to her disability. However, if an Employee’s absence exceeds 12 months the Employer, the Association, and Employee will have discussions. Thereafter, the Employer may place her in a similar position in the same classification with the same status, FTE, salary and benefits as prior to her disability;

    (b) if the Employee is incapable of performing the duties of her former position, but is capable of performing the duties of her former classification, a reasonable effort shall be made by the Employer to place her in an available position that she is capable of performing.

    In such a case the Parties agree to waive the posting provisions of the Collective Agreement.

    25.12 The reinstatement of an Employee in accordance with this Article shall not be construed as being in violation of the posting and/or scheduling provisions.

    26.01 The Employer shall provide the following group plans for which participation is compulsory for eligible Employees:

    (a) SunLife Supplementary Benefits Plan, or equivalent, which provides eighty percent (80%) direct payment provision for eligible physician or dentist prescribed medication.

    (b) Group benefits plans, inclusive of:

    (i) Group Life Insurance (Basic);

    (ii) Accidental Death and Dismemberment (Basic);

    (iii) Short Term Disability (income replacement for a period of up to one hundred and twenty (120) working days during a qualifying disability equal to sixty-six point six seven percent (66.67%) of basic weekly earnings to the established maximum following a fourteen (14) day elimination period where applicable. The Short-Term Disability shall become effective on the first (1st) working day following the expiry of sick leave credits in the case of absence due to injury or hospitalization. In the particular case of Employees who have insufficient sick leave credits to satisfy the fourteen (14) calendar day elimination period, the Short Term Disability shall commence on the fifteenth (15th) day following the commencement of non-hospitalized sickness).

    (iv) Long Term Disability (income replacement during a qualifying disability equal to sixty-six point six seven percent (66.67%) of basic monthly earnings to the established maximum following a one hundred and twenty (120) working day elimination period).

    (v) SunLife Dental Plan, or equivalent, including services mainly diagnostic and preventive in nature; which plan provides eighty percent (80%) reimbursement of eligible dental expenses, eighty percent (80%) of eligible Basic Services, fifty percent (50%) of eligible Extensive Services, and fifty percent (50%) of eligible Orthodontic Services, in accordance with the current Alberta Blue Cross or equivalent, Usual and Customary Dental Fee Guide.

    (vi) A maximum annual reimbursement of three thousand dollars ($3,000.00) per insured person per benefit year shall apply to extensive services. Orthodontic services shall be subject to a lifetime maximum reimbursement of three thousand dollars ($3,000.00) per insured person.

    (c) E.I. Sub Plan

    At the Employer’s option an “EI SUB Plan” to supplement an eligible Employee’s Employment Insurance to meet the Employer’s obligation to provide disability payments during the valid health- related period for being absent from work due to pregnancy. The valid health-related period is one for which she has the medical substantiation required.

    26.02 The premium costs shall be shared seventy-five percent (75%) by the Employer and twenty-five percent (25%) by the Employee.

    The Employer will implement coverage for new Employees when:

    (a) Full-time Employees have successfully completed five hundred and three point seven five (503.75) hours worked;

    (b) Part-time Employees have successfully completed five hundred and three point seven five (503.75) hours worked. Part-time Employees must be regularly scheduled to work on average at least fifteen (15) hours per week to remain eligible.

    (c) Temporary Employees must be hired to work in a position for more than six (6) months and must be regularly scheduled to work on average at least fifteen (15) hours per week to remain eligible.

    26.03 The Employer will provide one copy of each of the Benefit Plans to the Union and shall advise the Union of all premium rate changes.

    26.04 The Employer shall distribute to all Employees brochures and other relevant information concerning the above plans upon hiring and when there are changes to the plan. Such notice of changes will also include the Union.

    27.01 The Employer shall contribute to the Local Authorities Pension Plan (LAPP) for retirement benefits for eligible participating Employees in accordance with the regulations of the Plan.

    27.02 The Employer shall distribute to all Employees brochures and other relevant material outlining the above Plan between the Employee’s date of hire and expected date of Plan eligibility and advise Employees when there are changes to the Plan.

    28.01 The provisions of this Collective Agreement shall not apply to Casual Employees except as provided by this Article.

    Hours of Work

    28.02 (a) Hours of work for a Casual Employee, exclusive of a meal period, shall be up to seven and three-quarter (73/4) hours in a day.

    (b) Casual Employees will not be required to work in excess of seven (7) consecutive shifts except by mutual agreement.

    (c) A Casual Employee will not be required to work in a manner where the ratio of work days to non work days exceeds 5:2 averaged over the complete cycle of the shift schedule.

    (d) Hours of work shall be deemed to:

    (i) include, as scheduled by the Employer, two (2) rest periods of fifteen (15) minutes during each full working shift of seven and three-quarter (73/4) hours: or

    (ii) include, as scheduled by the Employer, one (1) rest period of fifteen (15) minutes during each shift of not less than four (4) hours; and

    (iii) exclude a meal period of thirty (30) minutes to be scheduled by the Employer during each working day in which the Employee works in excess of four (4) hours.

    (iv) When an Employee is required by the Employer to remain readily available for duty during her meal period, she shall be paid for the meal period at her basic rate of pay unless she is permitted to take compensating time off for the full meal period at a later time in the shift. Such paid meal period shall not be included in the calculation of regular hours of work.

    (v) if an Employee is required to work during her meal period or rest period she shall be given a full meal period or rest period later in her shift, or where that is not possible, be paid for the meal period or rest period as follows:

    (A) for a rest period, at two times (2X) her basic rate of pay rather than at straight time; or

    (B) for a meal period for which the Employee is entitled to be paid in accordance with Article 28.02(d)(iv), at two times (2X) her basic rate of pay in lieu of the premium in 28.02 (d) (iv); or

    (C) for a meal period for which the Employee is not otherwise entitled to be paid, at two times (2X) her basic rate of pay

    (D) Only meal or rest periods which result in more than 7.75 hours being worked in a day may be banked for the purpose of lieu time.

    28.03 (a) No Casual Employee shall be scheduled except with her consent.

    However, the Employer has the right to review a casual Employee’s availability for work. If an Employee has not made herself
    reasonably available for work the Employer will notify the Employee
    of her insufficient availability in writing. Thereafter, if the Employee continues to not make herself reasonably available she shall, in the absence of a good and sufficient reason, be deemed to have resigned. Written notice of the deemed resignation shall be provided to the Employee and the Union. Other employment may not constitute a good and sufficient reason for failing to be reasonably available for work.

    (b) Employees shall be aware that, in the course of their regular duties, they may be required to work on various shifts throughout the twenty-four (24) hour period of the day and the seven (7) days of the week. The first shift of the working day shall be one wherein the majority of hours worked fall between twenty-four hundred (2400) and zero eight hundred (0800) hours.

    28.04 In the event that a Casual Employee reports to work as scheduled or called and the Employer cancels her shift, the Employee shall be paid three (3) hours pay at the Employee’s basic rate of pay.

    Overtime

    28.05 (a) Overtime is all time authorized by the Employer and worked by an Employee in excess of seven and three-quarter (73/4) hours per day;

    (b) The overtime rate of two times (2X) the applicable basic rate of pay shall be paid for overtime worked.

    (c) The Employer shall designate an individual who may authorize overtime.

    (d) Authorization for overtime after the fact by the Employer shall not be unreasonably denied where overtime arises as a result of unforeseeable circumstances in which it is impossible to obtain prior authorization.

    (e) Subject to mutual agreement between the Employer and an Employee, the Employee may be granted time off duty in lieu of overtime payments at the applicable premium rate. Unless mutual agreement between an Employee and the Employer is reached as to when accumulated overtime will be taken as time off in lieu of overtime payment, such liability of the Employer as of the last day of March shall be paid out.

    (f) Except in cases of emergency, no Employee shall be required or permitted to work more than a total of sixteen (16) hours (inclusive of regular and overtime hours) in a twenty-four (24) hour period beginning at the first hour the Employee reports for work.

    (g) Rest periods and meal periods shall be provided in accordance with the Hours of Work Article of this Collective Agreement.

    (h) Employees shall not be required to layoff during their regular scheduled shifts to equalize any overtime worked previously.

    Salaries

    28.06 The basic rate of pay for Casual Employees shall be as outlined in the

    Salaries Appendix and shall:

    (a) Be effective on the dates specified herein.

    (b) Subject to any of the other terms of this Collective Agreement providing for the withholding or delay in granting of an increment, an Employee’s basic rate of pay will be advanced to the next higher basic rate of pay following two thousand and twenty-two point seven five (2022.75) regular hours worked with the Employer. Lieu time taken as part of regular hours worked to be included for the purpose of advancement to the next salary increment.

    (c) Form part of this Collective Agreement.

    28.07 Shift Differential
    A shift differential of two dollars and seventy-five cents ($2.75) per hour shall be paid to Employees working a shift where the majority of such shift falls within the period of eighteen hundred (1800) hours to zero seven hundred (0700) hours.
    All premiums payable under this Article shall not be considered as part of the Employee’s basic rate of pay.

    28.08 Weekend Premium
    A weekend premium of three dollars and twenty-five cents (3.25) per hour shall be paid to Employees working a shift wherein the majority of such shift falls within the period commencing eighteen hundred (1800) hours on a Friday and zero seven hundred hours (0700) of the following Monday;

    All premiums payable under this Article shall not be considered as part of the Employee’s basic rate of pay.

    Where applicable, shift differential and weekend premium will both be paid.

    28.09 Transportation
    Casual Employees shall be covered by the Transportation Article of this

    Collective Agreement.

    28.10 Named Holidays

    (a) Casual Employees shall be paid at one and one-half times (11/2X) their basic rate of pay for all hours worked on the Named Holiday pursuant to the Named Holiday Article.

    (b) Casual Employees shall be paid in addition to their basic rate of pay four point six percent (4.6%) of their basic rate of pay in lieu of the aforementioned Named Holidays named in the Named Holidays Article.

    28.11 Annual Vacations

    (a) Vacation pay shall be paid in accordance with the following:

    (i) during the first (1st) year of employment six percent (6%) of her regular earnings; or

    (ii) during the second (2nd) to ninth (9th) years of employment eight percent (8%) of her regular earnings; or

    (iii) during the tenth (10th) to nineteenth (19th) years of employment ten percent (10%) of her regular earnings; or

    (iv) during the twentieth (20th) and subsequent years of employment twelve percent (12%) of her regular earnings.

    (b) Vacation pay for Casual Employees shall be included with the payment for hours worked.

    28.12 Dues Deduction

    Casual Employees shall be subject to dues deductions as provided in this Collective Agreement.

    28.13 Grievance Procedure

    Casual Employees shall be covered by the Grievance and Arbitration Articles of this Collective Agreement.

    28.14 Temporary Assignments

    Casual Employees shall be covered by the Temporary Assignment Article as provided in this Collective Agreement.

    28.15 Appointments, Transfers, Promotions and Vacancies

    A Casual Employee who transfers to full or part-time employment with the Employer shall be credited with the following entitlements earned during her casual employment provided the transfer to full or part-time employment is contiguous to her casual employment:

    (a) hours worked for salary increments;

    (b) hours worked for vacation entitlement;

    (c) seniority pursuant to the Seniority Article of this Collective Agreement.

    28.16 In addition to the foregoing, Casual Employees shall be covered by the following Articles or Clauses of this Collective Agreement:

    (a) Appointments, Promotions, Transfers and Vacancies;

    (b) Union Business (Clauses 4.01, 4.02, 4.04, 4.06 and 4.07) (c) No Discrimination;

    (d) No Strike or Lockout;

    (e) On-Call & Call-back;

    (f) Workers’ Compensation;

    (g) Employee Evaluations and Personnel Files;

    (h) Employee Development;

    (i) Job Descriptions;

    (j) Employee Management Advisory Committee; (k) Occupational Health & Safety;

    29.01 All provisions of this Collective Agreement shall apply to regular part- time Employees, except:

    Article 10 – Hours of Work
    Article 11 – Shift Schedules
    Article 12 – Overtime
    Article 19 – Named Holidays
    Article 18 – Annual Vacation
    Article 25 – Sick Leave
    Clause 20.06 – Bereavement Leave
    Article 16A – Salaries
    Article 8 – Probationary Period

    Which are replaced with the following:

    29.02 Hours of Work

    Regular hours of work, exclusive of meal periods, shall be up to seven and three-quarters (7 3/4) consecutive hours in any day. The ratio of work days to non-work days shall not exceed 5:2 in the complete cycle of the shift schedule. At the time of hire or transfer, the Employer shall state in writing the specific number of hours per shift cycle, which shall constitute the regular hours of work for each part-time Employee. Such hours shall not be altered except by the operation of the provisions of this Collective Agreement.

    29.03 Regular hours of work shall be deemed to:

    (a) include, as scheduled by the Employer, two (2) rest periods of fifteen (15) minutes during each full working shift of seven and three-quarter (73/4) hours; or

    (b) include, as scheduled by the Employer, one (1) rest period of fifteen (15) minutes during each shift of not less than four (4) hours; and

    (c) exclude a meal period of thirty (30) minutes to be scheduled by the Employer during each working day on which the Employee works in excess of four (4) hours;

    (d) When an Employee is required by the Employer to remain readily available for duty during her meal period, she shall be paid for the meal period at her basic rate of pay unless she is permitted to take compensating time off for the full meal period at a later time in the shift. Such paid meal period shall not be included in the calculation of regular hours of work.

    (e) If an Employee is required to work during her meal period or rest period she shall be given a full meal period or rest period later in her shift, or, where that is not possible, be paid for the meal period or rest period as follows:

    (i) for a rest period, at two times (2X) her basic rate of pay rather than at straight time; or

    (ii) for a meal period for which the Employee is entitled to be paid in accordance with Article 29.03(d), at two times (2X) her basic rate of pay in lieu of the premium in 29.03 (d)

    (iii) for a meal period for which the Employee is not otherwise entitled to be paid, at two times (2X) her basic rate of pay.

    (iv) Only meal or rest periods which result in more than seven and three quarters (73/4) hours being worked in a day may be banked for the purpose of lieu time.

    29.04 An Employee shall be aware that she may be required to work various shifts throughout the twenty-four (24) hour day and the seven (7) days of the week. The first shift of the working day shall be the one wherein the majority of hours worked fall between 2400 and 0800 hours.

    29.05 Shift Scheduling Standards and Premiums for Non-compliance

    (a) Except in cases of emergency or by mutual agreement between the
    Employer and the Employee, shift schedules shall provide for:

    (i) at least two (2) of the scheduled days off to be consecutive in each two (2) week period;

    (ii) where possible, one (1) weekend off in each two (2) week period but, in any event, two (2) weekends off in each five (5) week period;

    (iii) at least twelve (12) hours off duty between the end of one shift and the commencement of the next shift;

    (iv) not more than seven (7) consecutive scheduled days of work.

    (b) Where the Employer is unable to provide the provisions of Sub- clause 29.05(a) (i), (ii), or (iii), and an emergency has not occurred, nor has it been mutually agreed otherwise, the following conditions
    shall apply:

    (i) failure to provide days off in accordance with Sub-clause 29.05(a)(i) shall result in the payment to each affected Employee of overtime pursuant to the Overtime Article of this Collective Agreement for one (1) regular shift worked during the two (2) week period;

    (ii) failure to provide both of the required two (2) weekends off duty in accordance with Sub-clause 29.05(a)(ii) shall result in payment to each affected Employee of overtime pursuant to the Overtime Article of this Collective Agreement for each of four (4) regular shifts worked during the five (5) week period;

    (iii) failure to provide one (1) of the required two (2) weekends off duty in accordance with Sub-clause 29.05(a)(ii) shall result in payment to each affected Employee of overtime pursuant to the Overtime Article of this Collective Agreement for each of two (2) regular shifts worked during the five (5) week period;

    (iv) failure to provide twelve (12) hours off duty in accordance with Sub-clause 29.05(a) (iii) shall result in payment of overtime pursuant to the Overtime Article of this Collective Agreement for hours worked on that next shift.

    (c) For the purpose of this provision, “weekend” shall mean a consecutive Saturday and Sunday assuring a minimum of fifty-six (56) hours off duty.

    (d) An Employee required to rotate shifts shall be assigned day duty approximately one-third (1/3) of the time unless mutually agreed to by the Employer and Employee provided that, in the event of an emergency or where unusual circumstances exist, the Employee may be assigned to such shift as deemed necessary by the Employer.

    For the purpose of applying this provision:

    (i) scheduled days off shall not be considered as day duty; and

    (ii) time off on vacation shall only be considered as day duty if day duty would have been worked by the Employee according to the shift schedule save and except for the vacation.

    29.06 Schedule Posting and Schedule Changes

    (a) Unless otherwise agreed between the Employer and the Union, shift schedules shall be posted eight (8) weeks in advance. If a shift schedule is changed after being posted, the affected Employees shall be provided with at least seven (7) calendar days notice of the new schedule. In the event that an Employee’s schedule is changed in the new shift schedule and she is not provided with at least seven (7) calendar days notice, she shall be entitled to premium payment subject to the provisions of Sub- clause 29.03(b), (c) and (d).

    (b) Unless an Employee is given at least seven (7) calendar days notice of a change of her scheduled day(s) off, she shall be paid overtime pursuant to the Overtime Article of this Collective Agreement for hours worked on such day(s) unless such change is at the Employee’s request.

    (c) If, in the course of a posted schedule, the Employer changes the Employee’s scheduled shift (i.e., days to evenings, days to nights or evenings to nights) but not her day off, she shall be paid overtime pursuant to the Overtime Article of this Collective Agreement for hours worked on the first shift of the changed schedule unless at least seven (7) calendar days notice of such change has been given.

    (d) If, in the course of a posted schedule, the Employer changes the Employee’s shift start time by more than two (2) hours, she shall be paid overtime pursuant to the Overtime Article of this Collective Agreement for hours worked on this shift unless at least seven (7) calendar days notice of such change has been given.

    29.07 The Employer, in scheduling shifts, shall take into consideration an Employee’s request for certain shift schedules, subject to the requirements of Clause 29.05.

    29.08 When the Employer approves an Employee’s request to temporarily change/trade her scheduled hours of work, such schedule change will not constitute an “Employer” schedule change as contemplated in Articles 11 and 29.

    Employer approval of the foregoing schedule changes shall be subject to operational requirements and will not result in additional cost to the Employer. In all cases, Employees will be paid at straight time with no eligibility for premiums.

    29.09 In the event that a part-time Employee reports for work as scheduled and is required by the Employer not to commence work but to return to duty at a later hour, she shall be compensated for that inconvenience by receiving two (2) hours pay at her basic rate of pay.

    Should a part-time Employee report and commence work as scheduled and be required to cease work prior to completion of her scheduled shift and return to duty at a later hour, she shall receive her basic hourly rate of pay for all hours worked with an addition of two (2) hours pay at her basic rate of pay for that inconvenience.

    29.10 A part-time Employee shall not be scheduled to work more than two (2) different shifts between scheduled days off except as mutually agreed between the Employer and the Employee.

    29.11 (a) A part-time Employee may work additional shifts.

    (b) Where a part-time Employee volunteers or agrees when requested to work additional shifts, she shall be paid her basic rate for such hours, or if applicable, at the overtime rate(s) provided in Clause 29.13:

    (i) for those hours worked in excess of seven and three-quarter (73/4) hours in a day; or

    (ii) for work performed by the Employee on days in excess of the work ratio referred to in Clause 29.02.

    (c) Where the Employer requires a part-time Employee to work without her having volunteered or agreed to do so, she shall be paid the applicable overtime rate provided in Clause 29.13.

    (d) Subject to operational requirements, the Employer will not unreasonably deny an Employee’s request for vacation under this Collective Agreement.

    29.12 On the date fixed by proclamation, in accordance with the Daylight Savings Time Act, of conversion to Mountain Standard Time, regular hours of work shall be extended to include the resultant additional hour with additional payment due therefore at the applicable overtime rate. On the date fixed by said Act for the resumption of Daylight Savings Time, the resultant reduction of one (1) hour in the shift involved shall be effected with the appropriate deduction in regular earnings.

    29.13 Overtime

    (a) Overtime is all time authorized by the Employer and worked by an Employee in excess of seven and three-quarter (73/4) hours per day.

    (b) The overtime rate of two times (2X) the applicable basic rate of pay shall be paid for overtime worked. An Employee will be paid for all overtime hours worked on any day worked in excess of the work ratio pursuant to the Shift Schedules Article of this Collective Agreement.

    (c) The Employer shall designate an individual who may authorize overtime.

    (d) Authorization for overtime after the fact by the Employer shall not be unreasonably denied where overtime arises as a result of unforeseeable circumstances in which it is impossible to obtain prior authorization.

    (e) Subject to mutual agreement between the Employer and an Employee, the Employee may be granted time off duty in lieu of overtime payments at the applicable premium rate. Unless mutual agreement between an Employee and the Employer is reached as to when accumulated overtime will be taken as time off in lieu of overtime payment, such liability of the Employer as of the last day of March shall be paid out.

    (f) Except in cases of emergency, no Employee shall be required or permitted to work more than a total of sixteen (16) hours (inclusive of regular and overtime hours) in a twenty-four (24) hour period beginning at the first hour the Employee reports for work.

    (g) Rest periods and meal periods shall be provided in accordance with the Hours of Work Article of this Collective Agreement.

    (h) Employees shall not be required to layoff during their regular scheduled shifts to equalize any overtime worked previously.

    29.14 Named Holidays

    A Part-time Employee required to work on a Named Holiday pursuant to the Named Holidays Article shall be paid at one and one-half times (11/2X) her basic rate of pay for work performed up to nine and three- quarter (93/4) hours. Two times (2X) her basic rate of pay shall be paid for work in excess of nine and three-quarter (93/4) hours on such day.

    29.15 Part-time Employees shall be paid, in addition to their basic rate of pay, four point six percent (4.6%) of this rate per pay period in lieu of the Named Holidays named in the Named Holidays Article.

    29.16 (a) Unless an Employee requests otherwise, each part-time Employee shall be scheduled so as to be given either Christmas Day or New Year’s day off.

    (b) Subject to operational requirements, the Employer shall rotate, as evenly as possible amongst Employees in a department, the requirement to work on a Named Holiday.

    29.17 Annual Vacation

    Part-time Employees shall be entitled to receive time off with pay for vacation purposes based on the number of calendar years of continuous employment as outlined below:

    Supplemental Vacation

    The supplementary vacations as set out below are to be banked on the outlined supplementary vacation employment anniversary date and taken at a mutually agreeable time subsequent to the current supplementary vacation employment anniversary date but prior to the next supplementary vacation employment anniversary date:

    (a) Upon reaching the employment anniversary of twenty-five (25) years of continuous service, Employees shall have earned an additional 2% vacation entitlement.

    (b) Upon reaching the employment anniversary of thirty (30) years of continuous service, Employees shall have earned an additional 2% vacation entitlement.

    (c) Upon reaching the employment anniversary of thirty-five (35) years of continuous service, Employees shall have earned an additional 2% vacation entitlement.

    (d) Upon reaching the employment anniversary of thirty-five (40) years of continuous service, Employees shall have earned an additional 2% vacation entitlement.

    (e) Upon reaching the employment anniversary of thirty-five (45) years of continuous service, Employees shall have earned an additional 2% vacation entitlement.

    Regular Part-time Employees shall earn supplementary vacation with pay calculated in hours in accordance with the following formula:

    29.18 Vacation Entitlement

    Time of Vacation

    (a) All vacation earned during one (1) vacation year shall be taken during the next following vacation year, at a mutually agreeable time, except that an Employee may be permitted to carry forward a portion of vacation entitlement to the next vacation year. Requests to carry forward vacation shall be made, in writing, and shall be subject to the approval of the Employer.

    (b) Notwithstanding Sub-clause 29.02(a) above, an Employee shall have the right to utilize vacation credits during the vacation year in which they are earned, provided the following conditions are met:

    (i) such utilization does not exceed the total credits earned by an Employee at the time of taking vacation; and

    (ii) such vacation is taken at a mutually agreeable time.

    (c) An Employee may request vacation leave during any period of the year.

    (d) Upon the request of an Employee, earned vacation credits may be divided into more than one (1) vacation period if approved by the Employer. Such request shall not be unreasonably denied. Vacation leave will be deemed to have commenced on the first regularly scheduled work day absent on vacation leave, and continue on consecutive calendar days until return to duty.

    29.19 The Employer shall post a twelve (12) calendar month vacation schedule planners at the work site in accordance with its current practice.

    29.20 An Employee shall submit her choice of vacation dates to the Employer for approval within the time frames established by the Employer.

    29.21 An Employee will submit her annual vacation request on or before the March 31 deadline if she wishes to exercise her seniority for her vacation request. Annual vacation requests received after the March 31 deadline will be on a first-come first served basis for that vacation year.

    29.22 In expressing her vacation preferences, subject only to the Employer’s operational requirements, an Employee will have a guarantee of vacation in at least one (1) of three (3) “prime times”.

    “Prime times” will be as follows:

    (a) Easter from one (1) week before until one (1) week after Easter Sunday in each year;

    (b) Summer from June 1 until October 1 in each year;

    (c) Christmas from December 15 of one calendar year until January 2 of the following calendar year.
    29.23 An Employee can only use her seniority to obtain the same vacation

    “prime time” two (2) years in a row.

    29.24 Subject to operational requirements, every reasonable effort will be made to grant Employees their choice of vacation.

    29.25 The Employer will respond to vacation requests within three (3) weeks of the deadlines or within three (3) weeks of requests received after the deadlines.

    29.26 Sick Leave

    (a) Sick Leave is provided by the Employer as a form of insurance, for the purpose of maintaining regular earnings, during absences due to illness or accidents for which compensation is not payable under the Workers’ Compensation Act or for quarantine by the Medical Officer of Health;

    (b) The Employer recognizes that alcoholism, drug addiction and mental illness, are illnesses that can respond to therapy and treatment, and that absences from work due to such therapy shall be considered Sick Leave.
    29.27 An Employee shall be allowed a credit for sick leave (pro-rated relative to a full-time Employee) from the date of employment at the rate of one and one-half (11/2) working days for each full month of employment up to a maximum credit of one hundred and twenty (120) working days (nine hundred and thirty (930) hours).
    Sick leave shall not accrue during the period of such absence in excess of thirty (30) days in the case of:

    (a) illness;

    (b) injury;

    (c) leave of absence;

    (d) unpaid leave while in receipt of weekly indemnity as provided for by the Short Term Disability Insurance Plan or the Long Term Disability Insurance Plan; and

    (e) periods while in receipt of compensation from the Workers’ Compensation Board.

    29.28 (a) Employees reporting sick shall advise the Employer as soon as possible and regularly thereafter as required by the Employer;

    (b) In the absence of reasons acceptable to the Employer, failure to give the proper notice may result in loss of Sick Leave benefits for that day of absence.

    29.29 Subject to the above, a Part-time Employee granted sick leave shall be paid for the period of such leave at the basic rate of pay and the number of hours thus paid shall be deducted from her accumulated sick leave credits up to the total amount of the Employee’s accumulated credits at the time sick leave commenced.

    29.30 Employees may be required to submit satisfactory proof to the Employer of any illness, non-occupational accident, or quarantine. Such disclosure will not be required to be in the form of confidential medical information. Payment of Sick Leave benefit shall not be effected until required substantiation has been supplied.

    29.31 When a Part-time Employee has accrued the maximum sick leave credit of one hundred and twenty (120) working days (nine hundred and thirty (930) hours), she shall no longer accrue sick leave credits until such time as her total accumulation is reduced below the maximum. At that time she shall recommence accumulating sick leave credits.

    29.32 If a Part-time Employee requires time off for the purpose of attending a dental, physiotherapy, optical or medical appointment because the named health care provider is not available during the Employee’s off hours or off days, provided she has been given prior authorization by the Employer, such absence shall be charged against her accumulated sick leave. Employees may be required to submit satisfactory proof of such appointment.

    29.33 (a) No sick leave shall be granted for any illness which is incurred once an Employee commences her vacation, in this event, the Employee will be receiving vacation pay. For the purposes of this Article, vacation is deemed to have commenced on the completion of the last regularly scheduled shift worked prior to the vacation period inclusive of scheduled days off.

    (b) Sick leave shall be granted:

    (i) if an Employee becomes ill during her vacation period only after the expiry of the Employee’s vacation and provided the illness continues beyond the vacation;

    (ii) for the period of sick time falling within a scheduled vacation period provided that the Employee becomes ill prior to the commencement of the scheduled vacation. If the Employee so wishes, the number of sick days paid within the scheduled vacation period shall be considered as vacation days not taken and may be rescheduled to a later date.
    59

    (c) Notwithstanding the foregoing, should an Employee demonstrate to the satisfaction of the Employer that she was admitted to hospital as an “in patient” during the course of her vacation, she shall be considered to be on sick leave for the period of hospitalization and subsequent period of recovery provided she notifies her Employer upon return from vacation and provides satisfactory proof of her hospitalization. Vacation time not taken as a result of such stay in the hospital shall be rescheduled to a mutually agreeable time.

    29.34 Upon the written request of an Employee, but not more frequently than once a year, the Employer shall advise an Employee of her accrued Sick Leave credits. Information on an Employee’s sick leave and sick leave entitlement shall be confidential unless the Employee consents in writing to such release.

    29.35 An Employee who has exhausted her sick leave credits during the course of an illness, and the illness continues, shall be deemed to be on sick leave without pay or if applicable, until such time as she qualifies for STD, for the duration of the illness or as provided below, whichever first occurs. The Employee shall keep the Employer advised as to when she shall be expected back to work and shall provide the Employer with fourteen (14) days written notice of readiness to return to work and:

    (a) if the Employee is capable of performing the duties of her former position she shall be reinstated by the Employer in the same position which she held immediately prior to her disability at not less than the same increment in the salary schedule and other benefits that accrued to her prior to her disability. However, if an Employee’s absence exceeds 12 months the Employer, the Union and Employee will have discussions. Thereafter the Employer may place her in a similar position in the same classification with the same status, FTE, salary and benefits as prior to her disability;

    (b) if the Employee is incapable of performing the duties of her former position, but is capable of performing the duties of her former classification, a reasonable effort shall be made by the Employer to place her in an available position that she is capable of performing. In such a case the Parties agrees to waive the posting provisions of the Collective Agreement.

    29.36 The reinstatement of an Employee in accordance with this Article shall not be construed as being in violation of the posting and/or scheduling provisions.

    29.37 Bereavement Leave

    (a) Upon request, an Employee shall be granted five (05) consecutive calendar days without loss of regular earnings in the event of a death of a member of the Employee’s immediate family (i.e. spouse, child, parent, brother, sister, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent, grandchild, guardian or fiancé). Spouse shall include common-law and/or same sex relationship. Step-parent, step- children, step-brother and step-sister shall be considered as members of the Employee’s immediate family.

    The Employer may extend the above bereavement leave by up to two (2) additional days without loss of regular earnings in the event travel in excess of two hundred (200) kilometres is required to attend the funeral.

    Bereavement leave shall be taken within the ten (10) consecutive calendar days commencing with the date of the death.

    (b) In the event of a death of another relative or close friend, the Employer may grant up to one (1) working day off with pay to attend the funeral services.

    (c) Employees may be required to substantiate, in the form prescribed by the Employer, any claim for bereavement leave. Payment of bereavement leave benefit shall not be effected until required substantiation has been supplied.

    29.38 Salaries

    (a) Basic salary scales and increments shall be as set out in the
    Salaries Appendix and shall:

    (i) be effective on the dates specified therein;

    (ii) be applicable to an Employee employed in a designated classification only when such classification has been created within the work force of the Employer and falls within the scope of this bargaining unit;

    (iii) form a part of this Collective Agreement.

    (b) (i) Subject to any of the other terms of this Collective Agreement providing for the withholding or delay in granting of an increment, an Employee’s basic rate of pay will be advanced to the next higher basic rate of pay following in the case of a part-time Employee, two thousand and twenty-two point seven five (2022.75) hours worked with the Employer.

    (ii) The regular hours that an Employee would have worked during the following Employer paid leaves will be considered as regular hours worked for the purpose of advancing to the next increment: vacation, sick leave, lieu time taken, court appearance, bereavement, special leave and education leave. In addition, the hours equivalent to an Employee’s FTE for the first 12 months of an unpaid education leave will be credited toward an Employee’s salary increment.

    (c) Both parties to this Collective Agreement recognize that Employees normally improve in skill and ability relative to experience. In the event that there is reason to believe that such improvement has not occurred, an annual increment may be withheld. Where an increment is withheld, the Employee and Union shall be so advised, in writing, and the Employee’s performance will be evaluated, in writing on a month-to-month basis. After she reaches a satisfactory performance level, the increment shall be granted as of that date. The Employee’s anniversary date for increment purposes shall not be changed and will be subject to 29.38 (b).

    29.39 For part-time Employees, probation period means one thousand and seven point five (1007.5) regular hours worked exclusive of overtime or fifty-two (52) weeks continuous employment whichever first occurs immediately following the date on which the current period of continuous employment commenced. If, in the opinion of the Employer, the Employee is found to be unsatisfactory, she may be terminated without notice and without recourse to the grievance procedure. Hours worked as a Casual Employee in the same classification shall be considered as contributing to the completion of a probationary period up to a maximum of two hundred and forty-eight (248) hours provided that not more than three (3) months have elapsed since she worked for the Employer.

    The Employer shall provide a written evaluation to each probationary

    Employee prior to the completion of her probationary period.

    An Employee who has completed her probationary period and has remained in the employ of the Employer in a position covered by the Collective Agreement will not subsequently be placed on probation.

    30.01 A Temporary Employee shall be covered by the terms of this Collective Agreement applicable to full-time or part-time Employees as the case may be with the exception of:

    (a) Article 23 (Employee Evaluations);

    (b) Article 26 (Employee Benefits Plan) prior to the completion of six (6) months of continuous service;

    (c) Article 31 (Layoff and Recall);

    30.02 (a) A temporary Employee shall not have the right to grieve the termination of her employment when no longer required in that position or on completion of the term of the temporary position;

    (b) The Employer shall provide at least fourteen (14) calendar days written notice of termination of her term position.

    (c) A Regular Employee occupying a temporary position shall retain her seniority and shall not have the right to grieve placement pursuant to the Layoff and Recall Article of this Collective Agreement when no longer required in that capacity.

    (d) Where a vacancy for a temporary position has been filled by the appointment of a casual Employee, and, where, at the completion of the expected term of the temporary position, the Employer decides that the Employee is no longer required in that position, she shall be reinstated to casual status.

    30.03 A temporary Employee who transfers to full or part-time employment with the Employer shall be credited with the following entitlements earned during her temporary employment provided the transfer is contiguous to her temporary employment:

    (a) salary increments;

    (b) vacation entitlement;

    (c) seniority earned;

    (d) sick leave earned but not taken.

    31.01 It is the exclusive right of the Employer to:

    (a) establish, and vary from time to time; the job classifications and the number of Employees if any, to be employed in any classification, or in any work place of the Centre; and

    (b) assign to other classifications any, or all, of the duties normally performed by classifications of this bargaining unit when Employees from within this Bargaining Unit are not available.

    31.02 The Employer and the Union shall meet fourteen (14) days prior to a layoff process occurring. The purpose of this meeting is to discuss the process of how layoffs will take place, review the current seniority list and discuss other relevant factors the parties agree upon.

    31.03 When, in the opinion of the Employer, it becomes necessary to displace an Employee, due to reduction of the work force, or reduction in regularly scheduled hours of work, or wholly or partly discontinue an undertaking, activity or service, the Employer will notify the Employee and the Union at least fourteen (14) calendar days prior to the date of layoff. Such displacement shall be in reverse order of seniority within the Employee’s classification in the affected work area. However, the Employer shall have the right to retain Employees who would otherwise be displaced when displacement in accordance with this Article would result in retaining Employees who are not capable and qualified to perform the work required.

    31.04 Where the layoff results from an act of God, fire, flood or work stoppage by Employees not covered by this Collective Agreement, the fourteen (14) calendar days notice is not required.

    31.05 A consultation meeting will be arranged by the Employer between the Employee, the Employer Representative(s) and the Union Representative(s) and will occur after the layoff notice is served on the Employee. The consultation process will not be delayed as a result of the unavailability of the Union Representative. When notice of layoff or displacement is delivered to an Employee in person, the Employee may be accompanied by a representative of the Union, if one is available.

    An Employee whose position is being eliminated or whose regularly scheduled hours are being reduced or who is being displaced by a more senior Employee shall have up to twenty-four hours (excluding Saturdays, Sundays and Named Holidays) from the consultation meeting to provide the Employer with written notification of her choice to displace the least senior Employee in the bargaining unit who does not have a larger FTE in the same or lower classification provided she is qualified and capable of performing the work remaining and provided she has greater seniority than the least senior Employee in the bargaining unit who does not have a larger FTE in the same or lower classification.

    31.06 To assist the Employee in indicating a preference of alternate positions, the Employee will have access to seniority lists, shift schedules, and a list of positions available prior to the consultation with the Employer. Consultation meetings shall not proceed until Employees have had access to such information.

    31.07 Employees who:

    (a) refuse an offer by the Employer of alternate work in the bargaining unit for which they are qualified and capable to perform the work; or

    (b) are not capable or qualified to perform the remaining work; or

    (c) are not able to displace a less senior Employee,

    shall be provided with not less than fourteen (14) calendar days notice specifying the date on which she will be laid off.

    31.08 If the Employer proposes to layoff an Employee, while she is on leave of absence, Workers’ Compensation or absent due to illness or injury, she shall not be served with notice of layoff until she has advised the Employer of her readiness to return to work.

    31.09 Employees affected by temporary layoff may elect to maintain coverage of contributory plans specified in the Employee Benefit Article of this Collective Agreement, provided that the Employee makes prior arrangements to pay the full premium costs. In the event the Employee works casual shift(s) the Employee shall remain responsible for the payment of the full premium costs and her recall status shall not be adversely affected.

    31.10 (a) The Employer shall endeavour to offer opportunities for casual work to laid off Employees in order of their seniority before assigning the work to a casual Employee, providing the laid off Employee is qualified and capable of performing the work required.

    (b) A laid off Employee may refuse an offer of casual work without adversely affecting her recall status.

    (c) An Employee who accepts an offer of casual work shall be governed by the Collective Agreement provisions applicable to a Casual Employee. However, such Employee’s recall status and seniority standing upon recall shall not be affected by the period of casual employment.

    31.11 For the purpose of this clause, “Casual Work” shall mean:

    (a) work on a call-basis which is not regularly scheduled;

    (b) regularly scheduled work for a period of three (3) months or less for a specific job; or

    (c) work to relieve for an absence the duration of which is anticipated to be three (3) months or less.

    31.12 No new regular or temporary Employees will be hired while there are other Employees within the bargaining unit on layoff as long as laid off Employees are qualified and capable of performing the work required.

    31.13 Recall

    (a) When increasing the work force, recalls shall be carried out in order of seniority provided the Employee is capable and qualified of performing the work available. Vacancies shall be offered to Employees on recall who are capable and qualified to perform the available work on the basis of seniority, provided the vacancy is in the same classification with the same or smaller FTE as the Employee’s pre-layoff FTE.

    (b) The method of recall shall be by telephone and, if such is not possible, by double registered letter sent to the Employee’s last known place of residence. The Employee so notified will return to work as soon as possible but, in any event, not later than five (5) days following either the date of the telephone call or the date the letter was registered.

    (c) Rights to recall shall continue until an Employee has been recalled to a position in her pre-layoff/displacement classification whose hours of work are at least fifty percent (50%) of her pre- layoff/displacement hours of work or until the expiry of twelve (12) months following the layoff, whichever occurs first.

    (d) If an Employee, who has not accepted recall to work, declines an offer of recall of at least 50% of the hours of her pre-layoff position, she shall be deemed to have voluntarily terminated her employment.

    (e) If an Employee, who has accepted a recall to work, declines a further offer of recall, she shall forfeit any remaining recall rights.

    31.14 The operation of this Article, including revision to shift schedules caused by lay-off or displacement, shall not constitute a violation of the terms of this Collective Agreement.

    31.15 Notwithstanding the provisions of this Article, if an Employee is recalled for any length of time, other than for Casual Work, then that Employee’s period of recall rights starts anew.

    32.01 Should the Employer find it necessary to introduce technological change by altering methods or utilizing different equipment, and if such change will displace Employees in the bargaining unit, the Employer will notify the Union with as much advance notice as possible of such change and will meet and discuss reasonable measures to protect the interests of Employees so affected.

    32.02 If the Employer introduces technological change which results in the displacement of an Employee, the Employer shall make every reasonable effort to provide alternate employment for the affected Employee(s).

    32.03 Where the alternate employment is in a lower paid classification, the Employee’s basic rate of pay shall remain in effect (i.e. ‘red-circled’) for a period of twelve (12) months from the implementation date of the technological change. At the end of the twelve (12) month period the Employee shall be placed on the pay range of the lower paid classification so as to minimize the decrease in her hourly rate of pay.

    32.04 Where alternate employment is not available, or where the Employee does not accept and/or refuses the alternate employment offered, the provisions of the Layoff and Recall Article of this Collective Agreement shall apply.

    33.01 Except for the dismissal of an Employee serving a probationary period, there shall be no dismissal or discipline except for just cause. Unacceptable behaviour and/or unsatisfactory performance by an Employee may be considered as just cause for discipline up to and including dismissal.

    33.02 During a preliminary investigation that may lead to discipline and/or during a discipline meeting, an Employee shall have the right to be accompanied by a representative of the Union. Where the Employer schedules a disciplinary meeting, the Employee shall be given twenty- four (24) hours advance notice.

    33.03 Unacceptable conduct and/or unsatisfactory performance by an Employee which is not considered by the Employer to be serious enough to warrant suspension or dismissal may result in a written warning. The written warning shall indicate that it is disciplinary action.

    33.04 The Employee shall sign any written notice of discipline, for the sole purpose of indicating that she is aware of the disciplinary notice.

    (a) When an Employee has grieved a disciplinary action (including dismissal) and the grievance is allowed in whole, all written documents pertaining to the discipline (including dismissal) shall be removed from the Employee’s file.

    When an Employee has grieved a disciplinary action (including dismissal) and the discipline (including dismissal) is allowed in part, the Employee’s file shall be amended to reflect this action;

    (b) Copies of all notices of discipline or dismissal shall be placed on the affected Employee’s personnel file and a copy forwarded to the Union within five (05) days of issuance excluding Saturdays, Sundays and Named Holidays;

    (c) An Employee who has been subject to disciplinary action may, after two (2) years of continuous service from the date the disciplinary measure was invoked, request in writing that her personnel file be cleared of any record of the disciplinary action. Such request shall be granted provided the Employee’s file does not contain any further record of disciplinary action during the two (2) year period, of which the Employee is aware. The Employer will confirm in writing to the Employee that such action has been effected.

    33.05 Nothing in this Article prevents the immediate suspension or the dismissal of an Employee for just cause.

    33.06 If circumstances permit, an Employee who is dismissed shall receive her termination entitlements at the time of her dismissal.

    34.01 An Employee shall make every reasonable effort to provide to the Employer twenty-eight (28) calendar days notice, where possible, and shall, in any case, provide the Employer with at least fourteen (14) calendar days notice of her desire to terminate her employment.

    34.02 If the required notice of termination is given, an Employee who voluntarily leaves the employ of the Employer shall receive the wages and vacation pay to which she is entitled on the day on which she terminates her employment.

    34.03 Vacation Pay on Resignation/Termination

    If an Employee resigns, any outstanding vacation entitlement shall be paid out.

    34.04 An Employee shall be deemed to have terminated her employment when:

    (a) an Employee absent for two (2) consecutive scheduled work days without notifying the Employer, shall be considered to have abandoned her position. An Employee who has abandoned her position may provide reasons as to why she was unable to notify the Employer of her absence. It is the discretion of the Employer to re-instate the Employee where the Employer deems the reasons for failure to notify as justifiable; or

    (b) she does not return from lay-off as required by the Layoff and Recall Article or upon the expiry of twelve (12) months following lay-off during which time the Employee has not been recalled to work.

    35.01 There shall be an Employee/Management Advisory Committee (EMAC).

    35.02 The purpose of the EMAC is to promote a positive working relationship between Management and Employees, through discussion and recommendations regarding issues relevant to resident care and other matters of mutual concern.

    5.03 The Committee shall establish and amend as may be necessary from time to time its terms of reference. Such terms of reference and decisions of the EMAC will not alter, amend, change, modify or be in conflict with the terms of the Collective Agreement.

    35.04 EMAC shall be comprised of up to two (2) Management Representatives and up to two (2) Union Representatives employed at the Centre one of whom will be the Local Unit Chairperson.

    35.05 There shall be no loss of regular pay for attendance at EMAC meetings.

    36.01 The Union, the Employer and all Employees are committed to supporting and promoting a healthy and safe working and living environment in the Centre for Employees and residents. To support this commitment an Occupational Health & Safety Committee shall remain operational at the Centre.

    36.02 This Committee shall be composed of representatives of Management and a Representative of the HSAA and Representatives of other Employee groups. This Committee shall meet as required by the Occupational Health & Safety Act and Regulations or more frequently as determined by this Committee.

    Should there be an issue requiring the immediate attention of the Committee, the Chairperson or Vice-Chairperson shall call a special meeting of the Committee.

    36.03 This Committee shall consider such matters as occupational health and safety as well as consider measures necessary to ensure the security of each Employee on the premises at the Centre and may make recommendations in that regard. Should the recommendations not be implemented or adequate steps taken towards implementation within two (2) months from the date the recommendation is made the Union Representative may direct that the item be referred to the Senior Administrator of the Employer forthwith. A written reply will be given within fifteen (15) days (excluding Saturdays, Sundays & Named Holidays) of the presentation by the Committee.

    This Committee will function in accordance with the Regulations published pursuant to the Occupational Health and Safety Act and such other procedural rules as may be established by this Committee.

    36.04 An Employee shall suffer no loss of regular earnings (i.e. basic rate of pay) for time spent in attendance at scheduled Occupational Health & Safety Committee meetings.

    36.05 Where the Employer requires the Employee to receive specific immunization and titre, as a result of or related to the Employee’s work, it shall be provided at no cost.

    37.01 An Employee who is unable to work as a result of a disability incurred while on duty in the service of the Employer and who qualifies for benefits pursuant to the Workers’ Compensation Act will receive benefits directly from the Workers’ Compensation Board.

    37.02 Employees will be eligible to apply for sick leave benefits in accordance with the Sick Leave Article of this Collective Agreement during the period of time they are waiting for receipt of their claim from WCB. Sick leave benefits will be payable provided:

    (a) the Employee has sick leave credits available; and

    (b) the Employee meets the eligibility requirements for sick leave; and

    (c) the Employee assigns her WCB benefits to the Employer, only to the extent that is required for the Employer to recover the money that was paid out for sick leave, once the WCB claim is approved. The Employer will then reinstate the Employee’s sick leave credits to the appropriate level. After the money for sick leave benefits has been recovered from the assigned WCB benefits, the Employee shall receive her benefits directly from the Workers’ Compensation Board.

    37.03 An Employee receiving Workers Compensation benefits under this Article shall be deemed on Workers’ Compensation leave and shall:

    (a) remain in the continuous service of the Employer for the purpose of salary increments and Prepaid Health Benefits; and

    (b) subject to the respective Articles cease to earn sick leave and vacation credits; and

    (c) not be entitled to Named Holidays with pay falling within the period of Workers’ Compensation leave.

    37.04 An Employee on Workers’ Compensation leave and who is certified by the Workers’ Compensation Board to be fit to return to work and who is:

    (a) capable of performing the duties of her former position, shall provide the Employer with fourteen (14) days written notice of readiness to work or such shorter notice as may be mutually agreed by the Parties. Such advance notice shall not be required in the case of short term absence on Workers’ Compensation leave, i.e. where the expected duration of the leave at the time of onset was less than twenty-eight (28) calendar days. The Employer shall then reinstate the Employee in the same position held by her immediately prior to the disability with benefits that accrued to her prior to the disability.
    However, if an Employee’s absence exceeds 12 months the Employer, the Union and the Employee will have discussions. Thereafter the Employer may place her in a similar position in the same classification with the same status, FTE, salary and benefits as prior to her disability; or

    (b) incapable of performing the duties of her former position, but is capable of performing the duties of her former classification, shall provide the Employer with fourteen (14) days written notice of readiness to work or such shorter notice as may be mutually agreed by the Parties. The Employer shall then reinstate her to a position for which she is capable of performing the work entailed, upon the occurrence of the first such available vacancy with benefits that accrued to her prior to the disability. In such a case the Parties agree to waive the posting provisions of the Collective Agreement; or

    (c) incapable of performing the duties of her former classification, may make application for any benefits for which she is eligible under Sick Leave or Employee Benefits Plans.

    37.05 The reinstatement of an Employee in accordance with this Article shall not be construed as being in violation of the posting and/or scheduling provisions of the Collective Agreement.

    37.06 At the time it is determined that an absence due to injury which is compensable pursuant to the Workers’ Compensation Act, is expected, or will continue for a period in excess of six (6) months from the date of onset of the condition, the Employer will provide the Employee with the appropriate form to submit a pending claim to the Underwriter of the Long Term Disability Income Insurance.

    37.07 The Employee shall keep the Employer informed of the prognosis of her condition in a prompt and timely manner.

    There shall be no discrimination, restriction, coercion, harassment or practice affecting any employee because of gender, age, race, ancestry, place of origin, colour, religious beliefs, physical disability, mental disability, marital status, family status, source of income or sexual orientation, nor because of membership or non-membership or activity in the Union, nor because of an Employee exercising any right outlined in this agreement or any law of Canada or Alberta.

    The foregoing does not apply with respect to a refusal, limitation, specification or preference based on a bona fide occupational requirement. The Parties agree that it is the responsibility of all concerned to adhere to the Harassment Policy of the Employer.

    39.01 The Employer shall provide a bulletin board to be placed in a reasonably accessible location for the exclusive use of the Union. In addition and where requested by the Union, space may be provided on other existing bulletin boards.

    39.02 The Union may post on such bulletin board(s) notices of meetings and other notices which may be of interest to Employees in the bargaining unit.

    39.03 The Employer reserves the right to require that posted material objectionable to the Employer be removed from the bulletin board(s).

    40.01 Definition of Time Periods

    (a) For the purpose of this Article and the Grievance Arbitration Article, periods of time referred to in days shall be deemed to mean such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and Named Holidays.

    (b) Time limits may be extended by mutual agreement, in writing, between the Union and the Employer.

    40.02 Resolution of a Difference between an Employee and the Employer

    (a) Formal Discussion

    (i) If a difference arises between one or more Employees and the Employer regarding the interpretation, application, operation or alleged contravention of this Collective Agreement, the Employee(s) shall first seek to settle the difference through discussion with her/their immediate Supervisor. If it is not resolved in this manner, it may become a grievance and be advanced to Step 1.

    (ii) However, the mandatory formal discussion stage set out in Sub-clause 40.02(a) (i), may be bypassed when the Employee has been formally disciplined.

    (iii) In the event that the difference is of a general nature affecting two (2) or more Employees, the Employer and the Union may agree that the grievances be dealt with as a group grievance commencing at Step 1.

    (b) Step 1 (Manager of the Department)

    The grievance shall be submitted, in writing, and signed by the Employee, indicating the nature of the grievance, the clause or clauses claimed to have been violated, and the redress sought to the Manager of the Department or her designate, within ten (10) days of the act causing the grievance, or within ten (10) days of the time that the Employee could reasonably have become aware that an alleged contravention of this Collective Agreement may have occurred. Upon receipt of the grievance, the Manager of the Department or her designate will convene a meeting within ten (10) days. The decision of the Manager of the Department shall be made known to the Employee and the Union within ten (10) days of this grievance meeting.

    (c) Step 2 (Administrator of the Centre)

    Within ten (10) days of receipt of the decision of the Director of the Department, the grievance may be advanced to Step 2 by submitting to the Administrator, or her designate, a copy of the original grievance with a letter indicating that the grievance has not been resolved. Upon receipt of the grievance, the Administrator shall convene a meeting within ten (10) days.
    Within ten (10) days of the date of the meeting, the Administrator, or her designate, shall render a decision, in writing, to be forwarded to the Union and the grievor.

    (d) Step 3 (Arbitration)

    Should the grievance not be resolved at Step 2, the Union may elect to submit the grievance to Arbitration. In this case, the Union shall notify the Employer, in writing, within ten (10) days of the receipt of the decision of the Administrator, or her designate, that the Union wishes to proceed to Arbitration, and at the same time, the Union shall name its appointee to the Arbitration Board. By mutual agreement between the Parties, in writing, a single Arbitrator may be appointed.

    (e) Neither the Employee nor a representative of the local unit of the Union who may attend a meeting with the Employer respecting a grievance shall suffer any loss of regular earnings calculated at the basic rate of pay for the time spent at such a meeting.

    (f) An Employee shall be entitled to have a member of the local unit Executive or any duly accredited officer employed by the Union present during any grievance meeting pursuant to the Grievance Procedure of this Collective Agreement.

    (g) A dismissal grievance shall commence at Step 1. By mutual agreement of the Parties, a dismissal grievance may commence at Step 2.

    (h) Time limits for filing of a dismissal grievance shall be as stated in Sub-clause 40.02(b).

    40.03 Resolution of a Difference between the Union and the Employer

    Union Grievance Procedure

    (a) Formal Discussion

    In the event that a difference of a general nature arises regarding interpretation, application, operation or alleged contravention of this Collective Agreement, the Union shall first attempt to resolve the difference through discussion with the Manager of the Department or the Administrator of the Centre (or their designates) as appropriate within ten (10) days of the act causing the grievance, or within ten (10) days of the time that the Union could reasonably have become aware that an alleged contravention of this Collective Agreement may have occurred. If the difference is not resolved in this manner to the Union’s satisfaction, it may become a policy grievance commencing at Step 2, the Administrator of the Centre.

    (b) Administrator of the Centre

    The Union shall submit a policy grievance, in writing, to the Administrator, or his designate, and shall indicate the nature of the grievance, the clause or clauses alleged to have been contravened, and the redress sought. Such policy grievance shall be submitted to the Administrator, or his designate, within ten (10) days (excluding Saturdays, Sundays and Named Holidays) of the Formal Discussion referenced above. Upon receipt of the grievance, a meeting, should it be necessary, shall be convened by the Administrator. The meeting shall be held within ten (10) days (excluding Saturdays, Sundays and Named Holidays) of the receipt of the grievance unless mutually agreed otherwise. The decision of the Administrator, or his designate, shall be made known to the Union, in writing, within ten (10) days (excluding Saturdays, Sundays and Named Holidays) of the date of the meeting.

    (c) Arbitration

    Should the Union elect to submit a policy grievance as defined herein for Arbitration, it shall notify the other Party in writing within ten (10) days (excluding Saturdays, Sundays and Named Holidays) of receipt of the decision of the Administrator, or her designate, and name its appointee to an Arbitration Board at the same time.

    (d) By mutual agreement in writing between the Parties, a single Arbitrator may be appointed.

    40.04 Default

    (a) Should the grievor or the Union fail to comply with any time limit set out in the grievance procedures in this Article, the grievance will be considered conceded and shall be abandoned unless the Parties have mutually agreed, in writing, to extend the time limit.

    (b) Should the Employer fail to respond within the time limit set out in the grievance procedures in this Article, the grievance shall automatically move to the next step or be advanced to Arbitration on the day following the expiry of the particular time limit unless the Parties have mutually agreed, in writing, to extend the time limit.

    40.05 By appointment made in writing at least one (01) working day in advance, an Employee may view her personnel file when the Employee has filed a grievance. The Employee may be required to report to the Human Resources office to view her file. Upon request, an Employee shall be given a copy of requested documents from her file when the Employee has filed a grievance. The Employee may be required by the Employer to pay a reasonable fee established by the Employer to cover the cost of copying.

    41.01 Within ten (10) days following receipt of notification pursuant to the Grievance Procedure Article of this Collective Agreement that a grievance has been referred to an Arbitration Board, the Party receiving the notification shall advise the other Party of its appointee to the Arbitration Board. The appointees shall, within ten (10) days, endeavor to select a mutually acceptable Chair of the Arbitration Board. If they fail to agree, the Minister of Human Resources and Employment shall be requested to appoint a Chair, pursuant to the Code.

    41.02 The Arbitration Board (or the single Arbitrator if mutually agreed by the Parties) shall hold a hearing of the grievance to determine the difference and shall render an award in writing as soon as possible after the hearing. In the case of an Arbitration Board, the decision of the majority of the Arbitration Board thus rendered or the decision of the single Arbitrator shall be final and binding on the Parties. If there is no majority decision in the case of an Arbitration Board, the decision of the Chairman governs and his decision shall be deemed to be the award of the Arbitration Board and it shall be final and binding on the Parties.

    41.03 Except as provided below, the award shall be governed by the terms of this Collective Agreement and shall not alter, amend, or change the terms of this Collective Agreement.
    However, where a Board of Arbitration or an Arbitrator, by way of an award, determines that an Employee has been discharged or otherwise disciplined by an Employer for cause and the Collective Agreement does not contain a specific penalty for the infraction that is the subject matter of the Arbitration, and where the Board of Arbitration or the Arbitrator finds the penalty unreasonable in the circumstances, the Board of Arbitration or the Arbitrator may substitute any penalty for the discharge or discipline that seems to them just and reasonable.

    41.04 Each of the Parties shall bear the expense of its appointee to the Arbitration Board. The fees and expenses of the Chairman or single Arbitrator shall be shared equally by the Parties.

    41.05 Any of the time limits herein contained in Arbitration proceedings may be extended if mutually agreed to in writing by the Parties.

    42.01 The Employer shall provide a copy of the Collective Agreement to each new Employee upon appointment.

    42.02 The Collective Agreement shall be printed in pocket size form by the Union, and the cost shall be shared equally between the parties.

    43.01 When an Employee is required by the Employer to perform duties necessitating the use of her automobile, she shall be reimbursed at the Bethany Care Society policy rate.

    43.02 When an Employee is required by the Employer to travel for employment purposes, she shall be reimbursed for all reasonable expenses supported by receipts as required by the Employer.

    43.03 An Employee required to travel to a facility other than the Centre to commence her shift or from a facility other than the Centre at the conclusion of her shift will be reimbursed for transportation expenses to the extent that her travel exceeds the distance between her residence and the Centre.

    43.04 Employees who normally travel from the Centre to their place of residence by means of public transportation following the completion of their shift but are prevented from doing so by being required to remain on duty past the time when normal public transportation is available, shall be reimbursed for the cost of reasonable, necessary and substantiated transportation expense from the Centre to their place of residence.

    44.01 The Employer shall reimburse each regular Employee to a maximum of one hundred fifty dollars ($150.00) each calendar year, to cover the Employee’s annual professional licensing fees paid for by the Employee.

    This provision will apply to those professional fees required by the regulatory association for practice or as a condition of employment.

    A regular Employee whose FTE is 0.4 FTE or greater and whose Employer paid hours are 768 or greater in the previous calendar year shall be eligible for the foregoing reimbursement.

    This provision shall be administered in accordance with Canada Revenue Agency requirements.

    This provision will also apply to Recreation Therapists for the purpose of claiming the annual professional fee as outlined above for voluntary registration with the Alberta Therapeutic Recreation Association.

    SALARIES APPENDIX

    LETTERS OF UNDERSTANDING

    BETWEEN
    BETHANY CARE SOCIETY (BETHANY, CALGARY) (hereinafter referred to as the Employer)
    AND
    THE HEALTH SCIENCES ASSOCIATION OF ALBERTA

    (hereinafter referred to as the Union)

    Re: Flexible Health Spending Account

    The Parties agree as follows:

    Effective January 1, 2017 a flexible Health Spending Account (Quality of Life Account) has be implemented for all Employees eligible for benefits in accordance with Article 26.

    A sum of Seven hundred and Fifty dollars ($750.00) per each regular full-time Employee shall be allocated by the Employer to a flexible Health Spending Account (Quality of Life Account) for each eligible Employee effective January 1st of each calendar year.

    This flexible Health Spending Account (Quality of Life Account) shall be provided to regular part-time Employees on a pro-rated basis, based on their FTE (full- time equivalency) as of December 15th of the previous calendar year.

    Any unused allocation in an Employee’s flexible Health Spending Account (Quality of Life Account) as of December 31st of each calendar year may be carried forward for a maximum of one (1) calendar year.

    The flexible Health Spending Account (Quality of Life Account) may be utilized by the Employee for the purposes of receiving reimbursement for health and dental expenses that are eligible medical expenses in accordance with the Income Tax Act and are not covered by the benefit plans specified in Article 26.

    The flexible Health Spending Account (Quality of Life Account) shall be implemented and administered in accordance with the Income Tax Act and applicable regulations in effect at the time of implementation and during the course of operation of the flexible Health Spending Account (Quality of Life Account).

    ON BEHALF OF THE EMPLOYER

    ON BEHALF OF THE UNION

    DATE:

    DATE:

     

    (to form part of the Memorandum of Agreement but not part of the Collective Agreement)

    BETWEEN
    THE BETHANY CARE SOCIETY (hereinafter referred to as the Employer)
    – and –
    THE HEALTH SCIENCES ASSOCIATION OF ALBERTA (hereinafter referred to as the Union)

    RE: Job Sharing

    Employees or the Employer may request a “job-share” arrangement. When a request for a “job-share” has been mutually agreed upon between the affected Employees, the Employer and the Union, the terms and conditions will be confirmed in a written agreement and signed by the affected Employees, the Employer and the Association.

    Job Share agreements will be subject to operational requirements and on the basis of no additional cost to the Employer.

    This Letter of Understanding will apply to job sharing arrangements entered into after the date of ratification of the Memorandum of Agreement. The Employer will disclose to the Union details of job share arrangements in place prior to the date of ratification of the Memorandum of Agreement.

    Amendments to job share agreements in place prior to the date of ratification of the Memorandum of Agreement will be subject to the terms and conditions of this Letter of Understanding.

    This letter of understanding shall remain in effect for the lifetime of this Collective Agreement and can be renewed by the Parties by mutual agreement.

    ON BEHALF OF THE EMPLOYER

    ON BEHALF OF THE UNION

    DATE:

    DATE:

    BETWEEN
    THE BETHANY CARE SOCIETY (hereinafter referred to as the Employer)
    – and –
    THE HEALTH SCIENCES ASSOCIATION OF ALBERTA (hereinafter referred to as the Union)

    RE: Joint Committee

    The Parties recognize the value of joint discussions of issues of mutual concern. Where it is the intent of the Parties to create a forum for this purpose, the Parties agree as follows:

    1. During the lifetime of this Collective Agreement, the Parties may establish a Joint Committee.

    2. The Joint Committee will be comprised of Employer and Union Representatives.

    3. The Parties will meet as mutually agreed.

    4. The purpose of the Joint Committee will be to:

    Ÿ Exchange information;

    Ÿ Engage in discussions;

    Ÿ Make recommendations to their respective principals on matters discussed by the Committee.

    5. The Joint Committee shall establish terms of reference outlining the purpose of the Committee, its key functions, membership, and reporting relationships for each of the Parties. The Parties shall determine the issues to be addressed.

    This letter of understanding shall remain in effect for the lifetime of this Collective Agreement and can be renewed by the Parties by mutual agreement.

    ON BEHALF OF THE EMPLOYER

    ON BEHALF OF THE UNION

    DATE:

    DATE:

    BETWEEN
    BETHANY CARE SOCIETY (BETHANY, CALGARY) “THE EMPLOYER”
    AND
    THE HEALTH SCIENCES ASSOCIATION OF ALBERTA “THE UNION”

    RE: Retroactive Pay for Former Employees

    A Regular Employee, who leaves the employ of the Bethany Care Society in good standing between August 1, 2014 and the date of ratification, shall receive retroactive pay, providing the Employer receives written application within forty-five (45) days of ratification between the Parties.

    ON BEHALF OF THE EMPLOYER

    ON BEHALF OF THE UNION

    DATE:

    DATE:

    IN WITNESS WHEREOF the parties have executed this collective agreement by affixing hereto the signatures of their proper Officer in that behalf.

    ON BEHALF OF THE BETHANY CARE SOCIETY CALGARY CENTRE

    THE HEALTH SCIENCES ASSOCIATION OF ALBERTA

    DATE:

    DATE: