HOUSE NEXT DOOR COLLECTIVE AGREEMENT 2016-2019
COLLECTIVE AGREEMENT between HOUSE NEXT DOOR SOCIETY and HEALTH SCIENCES ASSOCIATION OF ALBERTA APRIL 1, 2016 to MARCH 31, 2019
The purpose of this Agreement entered into by collective bargaining is to maintain a sound and satisfactory relationship between the Employer and its employees, and to establish the necessary procedures and provisions to assist both the Employer and the Union to accomplish their objectives.
The parties agree as follows:
1.01 This Agreement, including Appendices, shall be in force and effect from April 1,
2016, up to and including March 31, 2019, and from year to year thereafter unless notification of desire to amend or terminate be given in writing by either party during the period between sixty (60) and one hundred and twenty (120) days
prior to its expiration date.
1.02 When either party serves notice of desire to amend the Collective Agreement under Article 1.01 above, the negotiating committees shall exchange initial proposed amendments at commencement of negotiations.
1.03 The Collective Agreement shall continue in force and effect until a new Collective Agreement has been executed.
1.04 Any employee whose employment has terminated between April 1, 2016, and the date upon which this Agreement is signed by the Employer and the Union is eligible to receive retroactively any increase in salary which she would have received but for the termination of employment, only upon submitting to the Employer within thirty (30) days after the signing of this Agreement a written application for such retroactive salary.
In this collective agreement:
2.01 “Union” means the Health Sciences Association of Alberta.
2.02 “Employer” means the House Next Door Society.
2.03 “Employee” (as further defined in Article 2.05 and as listed in Appendix A shall mean a person who performs, on a regular basis, the job functions pertaining to any classification covered herein or who is included in the bargaining unit by a decision of the Alberta Labour Relations Board.
2.04 FTE means full-time equivalency, which is an expression of the ratio of hours of work of a part-time employee to the paid hours of work of a full-time employee, which are two thousand eighty eight (2088) hours in a calendar year.
2.05 All employees will be designated as follows:
(a) “Regular Employee” is one who works on a full-time or part-time basis on regularly scheduled shifts of a continuing nature:
(i) “full-time employee” is a regular employee who works the full specified hours in the Hours of Work Article of this Collective Agreement;
(ii) “part-time employee” is one who works scheduled shifts, whose hours of work are less than those specified in the Hours of Work Article of this Collective Agreement.
(b) “Casual Employee” is a person who:
(i) works on a call-in basis and is not regularly scheduled; or
(ii) is regularly scheduled for a period of three (3) months or less for a specific job; or
(iii) relieves for an absence the duration of which is three (3) months or less.
(c) “Temporary Employee” is one who is hired on a temporary basis for a full- time or part-time position:
(i) for a specific job of more than three (3) months and less than twelve (12) months; or
(ii) to replace a full-time or part-time employee who is on an approved leave of absence for a period in excess of three (3) months; or
(iii) 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 (3) months.
(iv) Temporary positions may be extended by mutual agreement between the Employer and the Union. Such agreement shall not be unreasonably withheld.
(v) At the time of hire, the Employer shall state in writing the expected term of employment. Where the expected specified term of employment will not result, the Employer will provide two (2) weeks written notice to such Employee in cases where the term of temporary employment is twelve (12) months or more, or one (1) week written notice in cases where the term of temporary employment is less than twelve (12) months.
(vi) 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 expected term of the position nor placement pursuant to Article 20.08.
2.06 Except as otherwise modified under specific Articles, all provisions of this Collective Agreement shall apply to regular part-time, temporary, and casual Employees on a pro rata basis when applicable, except that casual Employees shall not be entitled to benefits provided in the following Articles:
Hours of Work 7.06, 7.07(c)
Overtime 8.02, 8.03, 8.05
Paid Holidays 11
Annual Vacation 12 (except 12.11)
Illness Leave 13
Leaves of Absence 15
Health Benefits 16 (except 16.10)
Layoff and Recall Procedure 17
Probationary Period 19
Seniority 21 (except 21.01 (b), (c))
Discipline and Dismissal 25
Retirement Plan 29
2.07 Throughout this Collective Agreement, a word used in the feminine gender applies also in the masculine gender, and vice versa, and a word used in the singular applies also in the plural, and vice versa.
3.01 Management reserves all rights not specifically restricted by this 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) maintain, alter, and enforce, 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, layoff and recall;
(e) demote, discipline, suspend or discharge for just cause.
4.01 The Employer recognizes the Union as the sole bargaining agent for the employees covered by this Agreement, as described in the Certificate of the Labour Relations Board, Certificate No. 1-94, and amendments.
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 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 Employer and the Union.
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 a prior written request is submitted to the employer at least three (3) days prior to the event and written permission to do so has been so granted by the Employer.
4.06 A representative of the Union shall have the right to make a presentation of up to thirty (30) 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 Chair one (1) week in advance of the orientation where practicable.
5.01 Membership in the Union is voluntary.
5.02 The Employer agrees to remit to the Union, the amounts equal to the dues that have been deducted from the pay of all employees by the first (1st) working day after the fifteenth (15th) calendar day in the following month. Where an accounting adjustment is necessary to correct an over or under payment of dues, it shall be effected in the succeeding month. Particulars identifying each employee in a printed form, showing the starting date/termination date, classification, employee status, category (full-time, part-time, temporary full-time, temporary part-time, casual, including employees on recall), full-time equivalency, name and address and gross pay on which the dues are computed shall also be provided monthly together with the amount deducted from each employee.
5.03 The names of employees hired or separated and employees reclassified, promoted or transferred outside the scope of this Collective Agreement for that month shall be furnished to the Union.
5.04 The Union agrees to indemnify and save the Employer harmless from any form of liability arising from or as a result of the deduction of authorized dues, fees or as a result of the deduction of authorized dues, fees or assessments, unless caused by Employer error. Where an adjustment is necessary to correct an over or under payment of dues, the Employer will effect it in the succeeding month.
5.05 (a) Employees shall have reasonable access to their personnel records and shall, on request, be provided with copies of materials contained in such records, which shall be corrected if inaccurate.
(b) The Employer shall advise new employees with the fact that a Collective Agreement is in effect and to introduce a new employee to her Local Unit Executive so that she can be advised of the terms and conditions set out in the Agreement.
5.06 The name of the Local Unit Executive 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 the 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. Representatives shall suffer no loss of pay for time spent on the Employer’s premises in performing such duties.
5.07 The Employer will record the amount of individual dues deducted on T4 slips issued for income tax purposes.
6.01 The Employer agrees that there shall be no discrimination, interference, restriction or coercion exercised or practiced with respect to any employee in the matter of hiring, wage rates, training, up-grading, promotion, transfer, layoff, recall, discipline, classification, discharge or otherwise by reason or age, race, creed, colour, national origin, religion, political affiliation or activity, sexual orientation, gender, or marital status, family relationship, mental disability, physical disability nor by reason of membership or activity in the Union.
6.02 For the purposes of this Article, the term “harassment” shall be defined in accordance with the Employer’s policy on Workplace Abuse and Harassment. The Employer and the Union agree that no form of harassment shall be condoned in the workplace, and it is further agreed that both parties will work together to recognize and deal with these problems when they arise.
6.03 The Employer shall maintain and administer a policy with respect to harassment in the workplace that includes the following:
(a) a work environment free of harassment;
(b) informing all employees of this policy, including their rights and responsibilities; and
(c) a procedure for receiving and investigating complaints of harassment based on the principles of confidentiality and natural justice.
7.01 It is understood and agreed that hours of work must provide for continuous operations, and employees may be required to work various shifts throughout the twenty-four (24) hour period of the day and the seven (7) day period of the week. The work week is accepted and recognized as commencing on Monday at 00:00.
7.02 Normal hours of work shall be eight (8) hours per day, and forty (40) hours per week, for full-time employees and less than forty (40) hours per week for part- time employees. This provision also covers casual employees assuming part- time or full-time equivalent positions.
7.03 Employees may be permitted to work exclusively on day, evening, night or weekend shifts, where no overtime costs are occasioned to the Employer, and where the employer is reasonably satisfied that program operations will not be unduly affected, and where a majority of other affected employees agree. Should operational requirements change, the Employer reserves the right to withdraw permission previously granted.
7.04 The Employer and employees recognize coffee breaks and lunch breaks shall be taken when practical and are included in the eight (8) hour day.
7.05 Modified hours of work may be implemented where mutually agreed between the Employer and the Union. When a modified hours of work agreement is implemented, the document will be attached to the Collective Agreement.
7.06 Two employees or Employer may request a “job-share” arrangement. When a request for a “job-share” has been mutually agreed upon between the employees and the Employer, the terms and conditions shall be confirmed in a written agreement signed by the Employer and the Union. When a “job share” agreement is implemented, the document will be attached to the Collective Agreement.
7.07 Special Conditions for Camp
(a) Attendance at the Camp shall be by mutual agreement between the Employer and the employee.
(b) An employee shall be paid her basic rate of pay for eight (8) hours for each day in attendance at the Camp.
(c) Employees who attend Camp shall be further compensated with four (4) paid hours off for every day in attendance at the camp, to be taken at a time mutually agreed by the Employer and the employee.
8.01 (a) The Employer shall determine when overtime is necessary and for what period of time it is required. All time, where approved by the employer, worked in excess of and in conjunction with forty (40) hours per week shallbe paid for at the rate of one and one-half times (1½ X) the basic rate.
(b) 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.
8.02 Employees required to work by the Employer on their scheduled days off shall be paid at overtime rates. This shall not preclude shift trading, where the shift trade is mutually agreed upon by affected parties subject to Employer approval.
8.03 Employees shall not be required to layoff during their regular shift to equalize any overtime worked previously.8.04 Overtime during unscheduled sleep function shifts shall be paid at the overtime rate based on the “sleep shift hourly wage scale,” and be paid out by the following pay period.
8.05 (a) An employee may request time off in lieu of overtime worked to be taken at a mutually agreeable time within twelve (12) months of the pay period in which the overtime was worked.
(b) Time off in lieu of overtime shall be the equivalent of the actual time worked adjusted by the applicable overtime rate.
(c) Failing mutual agreement under (a) above, the Employer shall effect payment of time off in lieu banks, to be paid out in the first full pay period of March 1st every year.
(d) An employee may request overtime be converted to vacation leave credits. (e) Time off in lieu banks shall not be permitted to exceed forty (40) hours at
any time. Overtime will be paid out once the bank reaches forty (40) hours.
9.01 An employee who is called back to the workplace shall be reimbursed for reasonable, necessary and substantiated transportation expenses. If the employee travels for such purpose by private automobile, reimbursement shall be at the rate of fifty ($0.50) cents per kilometer from the employee’s residence to the workplace and return.
9.02 An employee who normally travels from the workplace to her place of residence by means of public transportation following the completion of her duty shift but who is prevented from doing so by being required to remain on duty longer than her regular shift and past the time when normal public transportation is available, shall be reimbursed for the cost of reasonable, necessary and substantiated transportation expense from the workplace to her place of residence.
9.03 (a) An employee who is authorized to use his own motor vehicle on Employer business shall be reimbursed fifty ($0.50) cents per kilometer (effective upon ratification] for actual kilometres travelled.
(b) Employees who are required to use their personal vehicles for Employer business, and are required by their insurer to maintain business use insurance coverage as a result, shall be required to submit evidence of business insurance coverage when the vehicle is used on such business. The Employer shall reimburse the employee as follows:
(c) Travel time in the course of the performance of the outreach employee’s job duties is considered work time.
(d) Employees who are required by the employer to use their personal vehicles will receive travel time and mileage from their home or their normally assigned office whichever is the shortest route to the first client’s home. Mileage and travel time will also be paid from the last client’s home to the employee’s home or their base office (whichever is the shortest route). Travel time will be paid at the employee’s applicable rate of pay.
9.04 Miscellaneous Travel Cost
(a) Where it is necessary to use taxis or other transportation for travel on Employer business, the incurred costs shall be reimbursed by the Employer upon submission of receipts.
(b) Parking charges incurred while on Employer business shall be reimbursed upon submission of receipts.
(c) Employer business shall be defined as work directed by the Employer.
10.01 Basic wage scales and increments shall be as set out in the attached 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
10.02 (a) Unless otherwise changed by the operation of this Collective Agreement, wage increments for Regular Full-time Employees shall be applied on the first pay run immediately following the anniversary of the date the employee commenced employment as a Regular Full-time Employee.
(b) Unless otherwise changed by the operation of this Collective Agreement, a Regular Part-time Employee who has had a change in status to a Regular Full-time Employee shall have her anniversary date established based on hours worked with the Employer at the increment level such employee was entitled to receive immediately prior to her change in status.
(c) Part-time, Temporary and Casual Employees to whom these provisions apply shall be entitled to an increment on the satisfactory completion of two thousand and eighty-eight (2,088) regular hours of work.
10.03 The pay rate for each classification shall be in hourly terms as in the attached Appendix “A.”
10.04 On occasion when the employee on sleep function shift reports dealing with a client need or safety concern, e.g. respond to a smoke alarm, remains awake because a client is expected to return etc. they shall be paid the applicable hourly rate for Residence Counsellor. When management knows in advance that the house attendant will be required to remain awake for the entire shift, the house attendant will have the option of declining that shift and being replaced by a relief staff or if they accept the shift, the rate of pay will be the applicable hourly rate for Residence Counsellor.
11.01 (a) The following are considered Paid Holidays:
and all general holidays proclaimed by the Municipality or the Government of Alberta or Canada.
11.02 To qualify for a Paid Holiday with pay, the employee must:
(a) 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.
(b) Work on a Paid Holiday when scheduled.
11.03 An employee obliged, by the Employer, in the course of duty to work on a Paid Holiday shall be paid for all hours worked on the Paid Holiday at one and one- half times (1 1/2X) her basic rate of pay plus:
(a) one regular day’s pay, or (b) a mutually agreeable day off with pay within thirty (30) days either before or after the holiday, or
(c) by mutual agreement, the day added to her next annual vacation.
11.04 Should a Paid Holiday fall during an employee’s vacation period, she shall be allowed an extra day for such paid holiday providing the employee submits her request at the time Annual Vacation is scheduled or not less than thirty (30) days prior to Annual Vacation being taken. Should it not be possible for the employee to take such extra day in connection with her vacation, she shall, by mutual agreement, be allowed the extra day. Failing this, the employee shall be given one (1) day’s pay at her basic rate of pay.
11.05 When a Paid Holiday falls on a day that would otherwise be an employee’s regular scheduled day off, the employee shall receive an alternate day off. Where such alternate day off cannot be arranged, the employee shall receive one (1) regular day’s pay in lieu of the holiday.
11.06 Paid Holidays for Part-Time, Temporary Part-Time and Casual Employees shall be paid as follows:
(a) If a Paid Holiday falls on a day that would normally have been a work day for the employee, and the employee does not work on the Paid Holiday, then the employee must be paid for the Paid Holiday at least the employee’s average daily wage.
(b) If a Paid Holiday falls on a day that would normally have been a work day for the employee and the employee works on the Paid Holiday, then the employee is entitled to an amount that is at least the employee’s average daily wages, and an amount that is at least one and one-half times (1 1/2X) the employee’s wage rate for each hour of work of the employee on that day.
(c) The definitions of the phrases “average daily wage” and “would normally have been a work day” are those contained in the Employment Standards Code.
12.01 In this agreement:
(a) “Vacation” means annual vacation with pay.
(b) “Vacation Year” means the twelve (12) month period commencing the first day of April in each calendar year and concluding on the 31st day of March of the following calendar year.
(c) “Date of Employment” for the purposes of calculating annual vacation means:
(i) in the case of an employee whose employment commenced between the first (1st) and the fifteenth (15th) days inclusive of any month, the first (1st) day of that calendar month;
(ii) in the case of an employee whose employment commenced between the sixteenth (16th) and the last days inclusive of any month, the first (1st) day of the following calendar month.
12.02 A regular full-time employee who has completed less than one (1) full vacation year of service shall receive one and one-quarter (1 1/4) working days vacation with pay for each month worked.
12.03 For regular full-time employees:
(a) During the first (1st) to third (3rd) years of continuous full-time employment, an employee shall earn entitlement to paid vacation calculated on a basis of fifteen (15) working days (120 hours), accrued on a monthly basis at 1.25 days (10 hours).
(b) During each of the fourth (4th) to twelfth (12th) years of continuous full-time employment, an employee shall earn entitlement to paid vacation calculated on a basis of twenty (20) working days (160 hours), accrued on a monthly basis at 1.67 days (13.33 hours).
(c) During each of the thirteenth (13th) and subsequent years of continuous full- time employment, an employee shall earn entitlement to paid vacation
calculated on a basis of twenty-five (25) working days (200 hours), accrued on a monthly basis at 2.08 days (16.67 hours).
(d) Supplementary Vacation
As recognition leave which acknowledges the contributions that long-term Employees make, House Next Door will provide five (5) additional days off on each of the employment anniversaries of twenty-five (25) & thirty (30). This time must be used in whole or in part within the following five (5) year period and is prorated to the Employees FTE. Time off must be scheduled at a mutually agreeable time. Unused recognition time will not be carried over to the subsequent five (5) year period and will not be paid out should the Employee leave House Next Door.
12.04 Vacation pay shall be at the rate effective immediately prior to the vacation period.
12.05 An employee leaving the service of the Employer at any time before she has exhausted the vacation credits to which she is entitled, shall receive payment of wages in lieu of such earned vacation.
12.06 (a) All employees shall apply in writing for the vacation period preferred by them. Preferences of choice of vacation dates shall be determined by seniority of service in the employee’s classification and location. However, the Employer shall make the final decision on vacation scheduling for operational requirements.
(b) All employees shall indicate their choice of vacation period(s) between February 1st and March 31st of each vacation year.
(c) The Employer shall respond to the vacation requests by April 30th.
(d) Any employee who fails to submit their vacation requests by March 31st, shall lose their choice by seniority.
(e) Employees may take their vacation entitlement in multiple installments.
(f) The Employer shall make every reasonable effort to grant an employee, upon request, at least two (2) weeks of annual vacation entitlement during July and/or August. No employee shall be allowed more than two (2) weeks in July or August until all staff have had an opportunity for two (2) weeks vacation in July or August, or where coverage is available, by mutual agreement between the Employer and the employee.
12.07 No employee may continue to work and draw vacation pay in lieu of taking their vacation.
12.08 An employee shall have the right to utilize vacation credits as they are earned subject to mutual agreement between the Employer and the employee.
12.09 An employee may, upon giving at least three (3) weeks’ notice, receive on the last office day preceding commencement of her annual vacation any pay cheques which may fall due during the period of vacation.
12.10 An employee may request to carry over unused vacation credits to the next vacation year.
12.11 Casual, temporary and part-time employees shall receive their vacation percentage pay out on a monthly basis.
Casual, temporary and part-time employees shall receive their vacation percentage pay on every pay cheque, in accordance with the following:
(a) six percent (6%) during each of the first four (4) years of employment; or
(b) eight percent (8%) during each of the fifth (5th) to thirteenth (13th) years of employment; or
(c) ten percent (10%) during each of the each of the fourteenth (14th) and subsequent years of employment.
12.12 For casual, temporary and regular part-time employees, only those regularly scheduled hours and additional hours worked at the basic rate of pay and on a Paid Holiday to a maximum of eight (8) hours and periods of sick leave with pay will be recognized as regular earnings for the purpose of determining vacation pay.
12.13 Vacation Days for Part-time Employees – During each year of continuous service in the employ of the Employer, a part-time employee shall earn vacation days without pay in accordance with this article. Vacations shall be applicable to part- time employees on the basis that such employees receive in each year only that proportion of benefits that their period of actual regularly scheduled service in the year bears to a year of full-time service.
13.01 (a) “Illness Leave” means the period of time an employee is absent from work with full pay by virtue of being ill or disabled, exposed to a contagious disease, or under examination or treatment of a physician, chiropractor, or dentist, or because of an accident for which compensation is not payable under the Workers’ Compensation Act.
(b) The Employer recognizes that alcoholism, drug addiction, emotional/ psychological disorder and/or distress, and/or mental illness, are illnesses which can respond to therapy and treatment and that absence from duty due to such therapy or treatment shall be considered as illness leave.
13.02 (a) After a full-time employee has completed her probation period, she shall accumulate a credit for sick leave from the date of employment at the rate of one (1) working day for each full month of employment on the basis of eight (8) hours for each work day up to a maximum credit of twenty-five (25) working days provided, however, that an employee shall not be entitled to apply sick leave credit prior to the completion of her probationary period.
(b) In the case of: (i) illness; (ii) injury; (iii) layoff;
(iv) leave of absence;
(v) unpaid leave while in receipt of long-term disability insurance plan; (vi) periods while in receipt of compensation from the Workers’ Compensation Board, sick leave shall not accrue during the period of any such absence in excess of thirty (30) calendar days.
(c) Part-Time Employees and Temporary Employees of 3 months or more
All of the foregoing provisions apply, except that a Part-Time employee working a minimum of 0.5 Full Time Equivalency, twenty (20) hours a week shall accumulate sick leave credits on the basis of one (1) working day per month pro-rated on the basis of Full Time Equivalency contracted hours.
(d) Temporary and Casual Employees
This Article shall have no application to Casual or Temporary employees who are scheduled to work less than three (3) months.
13.03 The Employer may require satisfactory medical proof in the form of a medical certificate to substantiate any claim for illness leave or to confirm an employee’s fitness to return to work from an illness.
13.04 Should an employee demonstrate to the satisfaction of the Employer that she was ill and receiving medical care during her vacation, she shall be considered on illness leave for the period of her illness, subject to other conditions of eligibility in this Article. Vacation time not taken as a result shall be taken at a later date. Under no circumstances shall an employee be entitled to both illness leave and vacation pay for the same day.
14.01 (a) An employee who is incapacitated and unable to work as a result of an accident sustained while on duty in the service of the Employer within the meaning of the Workers’ Compensation Act shall continue to receive full net take home pay calculated at the basic rate of pay for regularly scheduled hours of work less any statutory or benefit deductions for each day absent due to such disability provided that all of the following conditions exist:
(i) the employee assigns over to the Employer, on proper forms, the monies due to her from the WCB for time lost due to an accident; and
(ii) the employee’s accumulated sick leave credits are sufficient so that an amount proportionate to the WCB supplement paid by the Employer, but in any event not less than one-tenth (1/10th) day, can be charged against such sick leave credits for each day an employee is off work due to accident within the meaning of the WCB Act; and
(iii) the employee keeps the Employer informed regarding the status of her WCB claim and provides any medical or claim information that may be required by the Employer.
(b) The Parties recognize that the Employer may be required to reconcile payments to the employee with subsequent assigned payments from the WCB. In light of this, the time limitation for correcting over or under payments provided in Article 30 shall not commence until the Employer has received reimbursement from the Workers’ Compensation Board, or has issued any statement of adjustment to the employee, whichever is later.
(c) An employee who is in receipt of Workers’ Compensation benefits and who is not eligible to receive the WCB Supplement pursuant to Article 14.01(b) shall be deemed to be on a leave of absence without pay.
(d) An employee in receipt of Workers’ Compensation benefits shall:
(i) be deemed to remain in the continuous service of the Employer for purposes of prepaid health benefits and salary increments;
(ii) accrue vacation credits and sick leave for the first (1st) month of such absence.
14.02 An employee who has been on Workers’ Compensation 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 two (2) weeks written notice, when possible, of readiness to return to work. The Employer shall reinstate the employee in the same classification held by her immediately prior to the disability with benefits that accrued to her prior to the disability;
14.03 The reinstatement of an employee in accordance with this Article shall not be construed as being a violation of the posting and/or scheduling provisions of Articles 7 and 20.
15.01 General Policies Covering Leaves of Absence
The following general policies apply to all leaves of absence as described in this Article:
(a) An application for leave of absence shall be made, in writing, to the Employer as early as possible. The application shall indicate the desired dates for departure and return from the leave of absence.
(b) 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.
(c) Except as provided in Article 15.01(d) below, where an employee is granted a leave of absence of more than one (1) months’ duration, and that employee is covered by any or all of the plans specified in Article 16, that employee may, subject to the Insurer’s requirements, make prior arrangement for the prepayment of the full premiums for the applicable plans at least one (1) pay period in advance. The time limits as provided for in this Article may be waived in extenuating circumstances.
(d) 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, and/or illness related EI, benefit plan premium payments shall be administered in the same fashion as an employee absent due to illness.
(e) In the case of a leave of absence, an employee shall accrue sick leave and vacation credits for the first (1st) month. Where the leave of absence exceeds one month, an employee’s increment date shall be adjusted by the amount of time as that the leave of absence exceeds one (1) month, and the new increment date shall prevail thereafter.
(f) During an employee’s leave of absence, the employee may work as a Casual Employee with the Employer without adversely affecting the employee’s reinstatement to the position from which the employee is on leave.
(g) General Leave shall only be applicable to the entirety of an employee’s working aggregate contract.
15.02 General Leave
Leave of absence without pay may be granted to an employee at the discretion of the Employer and the employee shall not work for gain during the period of leave of absence except with the express consent of the Employer. Where approval is denied, the Employer will respond in writing and reasons shall be given.
15.03 Parental Leave
(a) An employee who has completed her probationary period shall, upon her written request, be granted unpaid Maternity Leave to become effective twelve (12) weeks immediately preceding the expected date of delivery or such shorter period as may be requested by the employee, provided that she commences Maternity Leave no later than the date of delivery. Maternity Leave shall include benefits per Article 16 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, and/or illness related EI. Maternity Leave shall not exceed twelve (12) months unless an extension is granted by the Employer. Request for an extension due to ill health of the mother or the child shall not be unreasonably denied. Such extension, when granted, shall not exceed an additional six (6) months.
(b) A father-to-be who has completed his probationary period shall, upon his written request, be granted an unpaid leave to commence two (2) weeks prior to the delivery or such shorter period as may be mutually agreed between the employee and the Employer. Such leave shall be without pay and benefits and shall not exceed twelve (12) months.
(c) An employee absent on Parental Leave shall endeavor to provide the Employer with twelve (12) weeks written advance notice of her readiness to return to work but in any event shall provide six (6) weeks written notice, following which the Employer will reinstate her in the same position held by her immediately prior to taking such leave and at the same step in the salary scale or provide her with alternate work of a comparable nature at not less than the same step in the salary scale and other benefit that accrued to her up to the date she commenced the leave.
15.04 Adoptive Parent Leave
(a) An employee who has completed the probationary period shall be granted leave of absence without pay and benefits for a period of up to twelve (12) months in duration for the purpose of adopting a child provided that:
(i) she makes written request for such leave at the time the application for adoption is approved and keeps the Employer advised of the status of such application; and
(ii) she provides the Employer with at least one (1) days notice that such leave is to commence.
(b) An employee absent on Adoptive Parent Leave shall provide the Employer with twelve (12) weeks written notice of readiness to return to work but in any event shall provide six (6) weeks written notice, following which the Employer will reinstate her in the same position held immediately prior to taking such leave or provide her with alternate work of a comparable nature at not less than the same step in the salary scale and with other benefits accrued to her at the date the leave commenced.
15.05 Paternity Leave
Paternity Leave of at least one (1) working day with pay shall be granted upon the written request of a male employee to enable such employee attend to matters directly related to the birth of his child.
15.06 Time Off for Union Business
(a) Time off from work without loss of regular earnings will be provided on the following basis:
(i) The grievor and/or one (1) representative of the local unit for time spent in discussing grievances with representatives of the Employer as outlined in the grievance procedure.
(ii) Local representatives, not to exceed three (3) in number, for time spent in Employee/Management Committee meetings with representatives of the Employer.
(b) Provided the Employer’s operational efficiency can be maintained, leave of absence with pay shall be granted by the Employer to an employee elected or appointed to represent the Union at conventions, meetings, workshops, seminars, schools or Union business. If the request is denied, reasons shall be given by the Employer. The Employer shall not unreasonably withhold such leave. The Union agrees to reimburse the Employer for wages paid to the employee while on leave plus a reasonable administrative charge.
(c) To facilitate collective bargaining negotiations, time off with regular earnings shall be granted to up to two (2) employees. The Union agrees to reimburse the Employer for wages paid to the employee while on leave, plus a reasonable administrative charge.
(d) Employees who are elected or selected for a position with the Union shall be granted leave of absence without pay and with no loss of seniority. Such leave shall be renewed on request during their term of office. In the alternative to leave without pay, the Union agrees to reimburse the Employer for actual wages paid to the employee while on leave plus a reasonable administrative charge.
15.07 Jury or Witness Duty
Any regular full-time, part-time or temporary employee required by law for jury or witness duty shall be allowed time off without loss of regular earnings during such absence but any fee receivable as such juror or witness shall be paid to the Employer. An employee acting as a voluntary witness shall not be paid for such absence.
15.08 Political Office
(a) The Employer recognizes the right of an employee to participate in public affairs. Therefore, upon written request, the Employer shall allow leave of absence without pay so that an employee may be a candidate in federal, provincial or municipal elections.
(b) Employees who are elected to public office shall be allowed leave of absence without pay during their term of office, but shall not accrue seniority during the leave.
15.09 Compassionate Leave
(a) An employee shall be granted five (5) consecutive working days without loss of salary in the event of death of the following immediate family members: child, parent, guardian, brother, sister, grand-parent, grandchild. In the event that an employee requires their compassionate
leave to be taken in non-consecutive days, a formal request shall be made at the time. The employer shall not deny reasonable requests.
This clause shall apply to the following relatives of the employee’s current relationship:
Spouse (including common-law spouse), mother- or father-in-law, step- parents, brother- or sister-in-law, son- or daughter-in-law, step-children or foster parents.
(b) One (1) day “mourner leave” with pay shall be granted for the death of a significant other person.
(c) Consecutive work days shall not include the employee’s regular days off. (d) Compassionate leave, without loss of regular earnings, shall be extended by up to two (2) days for travel in excess of twelve hundred (1200) kilometres return.
(e) In calculating paid compassionate leave entitlement for part-time employees, the provisions of the Compassionate Leave Article shall apply only to regular working days which fall during a ten (10) calendar day period commencing with the date of death. Compassionate leave shall be pro- rated for part-time employees.
15.10 Special Leave
(a) The parties recognize that an employee may be unable to report to work due to unanticipated circumstances of pressing necessity which may include illness in the employees’ immediate family. The Direct Supervisor may approve special leave in such circumstances to a maximum of sixteen (16) hours without loss of pay in each calendar year in the following circumstances:
(ii) if circumstances not directly attributed to the employee including illness in the immediate family, prevent reporting for duty. The Direct Supervisor will grant the leave if the request is reasonable under the circumstances.
(iii) serious household or domestic emergencies.
(iv) serious community emergencies if the employee is required to help.
(v) to attend divorce, separation, custody or adoption
proceedings before a court of law as a party to such action. (vi) under specific circumstances, to extend the leave for a death in the immediate family.
(b) Any requests for additional leave of absence in these circumstances shall be subject to the provisions of Article 15.02 General Leave.
(c) An employee shall be required to submit in a written explanation to the employer demonstrating the applicability for Special Leave consideration within two (2) days of the end of said leave.
(d) Special leave must be used in minimum four (4) hour increments.
(e) There shall be no Special Leave entitlement for part time employees.
16.01 The Employer shall continue the following group plans for all eligible employees where such plans are currently in effect or shall implement the following group plans where enrollment and other requirements of the Insurer for group participation have been met:
(a) Alberta Health Care Insurance Plan or its equivalent; (b) Health Benefit Trust of Alberta (HBTA) providing for:
(i) Mandatory basic Life Insurance (1X) annual earnings rounded up to the next higher $1,000 with an option for additional basic life insurance to twice annual earnings rounded to the next highest
(ii) Mandatory Accidental Death & Dismemberment (AD&D) Insurance – (amount equal to group life insurance); Additional Basic AD&D is available.
(iii) Long Term Disability Insurance [income replacement during a qualifying disability equal to sixty-six and two-thirds percent (66 2/3%) of basic monthly earnings to the established maximum following a twenty-four (24) week elimination period];
(iv) Dental Plan, which plan provides eighty percent (80%) reimbursement of basic eligible dental expenses, fifty percent (50%) of extensive eligible dental expenses within the limits of the Plan; three thousand dollars ($3,000) maximum per policy year; fifty percent (50%) orthodontic, three thousand dollars ($3,000) lifetime maximum;
(v) Supplementary Health:
Hospital Benefits – One hundred percent (100%) semi- private and private room accommodation in accordance with the HBTA standard plan.
Health Service Benefits – In accordance with the HBTA listed services.
Prescription Drug Benefits – Eighty percent (80%) direct payment for all physician or dentist prescription medication that is eligible under the plan and prescribed in accordance with the plan.
Maximum Benefit – $1,000,000 overall maximum for all Supplementary Health Expenses per person per benefit year
(vi) Out of Province/Country In accordance with the HBTA plan, Emergency Coverage you and your eligible dependents are
covered for emergency medical expenses that you may incur outside of Canadian boundaries or outside of your province of residence, that are not covered by any government health plan.
(b) Health Spending Account
(i) A sum of nine hundred ($900) per each regular full-time employee (prorated for part-time employees per Article 16.08 (b)) shall be allocated by the Employer to a Health Spending Account for each eligible employee effective January 1 of each calendar year.
(ii) This Health Spending Account shall be provided to regular part-time employees on a pro-rated basis, based on their annualized regularly scheduled hours of work as of each calendar year.
(iii) Any unused allocation in an employee’s Health Spending Account as of December 31 of each calendar year may be carried forward for a maximum of one (1) calendar year.
(iv) The Health Spending Account may be utilized by employees 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 16.
(v) Where the Employer chooses to contract with an insurer for the administration of the Health Spending Account, the administration of the Account shall be subject to and governed by the terms and conditions of the applicable contract.
16.02 Where the benefits outlined in Article 16 are provided through insurance obtained by the Employer, the administration of such plans shall be subject to and governed by the terms and conditions of the applicable benefits policies or contracts, and shall not be reduced without discussion with the Union.
16.03 The monthly premiums for benefits outlined in this Article are to be shared equally between the Employer and the employee.
16.04 One-half (1/2) of the premium required for participation in the Long Term Disability Insurance plan shall be paid by the individual employee up to a maximum of one hundred ($100) per month. In the event that the monthly premium exceeds this amount, the Employer and the Union agree to meet to negotiate the cost sharing of the premium.
16.05 The employment of an employee may be terminated when she has been on LTD for twenty-four (24) months subject to the requirements of Article 6: No Discrimination.
16.06 An employee shall cease to earn sick leave credits and vacation credits while on LTDI.
16.07 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.
16.08 (a) Such coverage shall be provided to: (i) all full-time employees; and
(ii) part-time employees whose hours of work are equal to or greater than twenty (20) hours per week averaged over one (1) complete cycle of the shift schedule, excepting that part-time employees are not eligible for LTDI.
(b) Part-time employees whose hours of work average less than twenty (20) hours per week over one (1) complete cycle of the shift schedule, employees hired for a position of less than six (6) months duration, and casual employees are not eligible to participate in the Health Benefits described in this article.
(c) Eligible employees shall be enrolled in the Employee Benefits Plan on the first of the month following the three (3) month anniversary date of commencement of employment.
16.09 (a) The Employer will give one (1) copy of each Health Organization Benefits Plan provided by HBA Services to the Health Sciences Association of Alberta. Where the Health Organization Benefits Plan is not in force, the Employer will provide a copy of its plan to the Union.
(b) The Employer shall advise the Union of all premium rate changes pursuant to Article 16.01(b).
16.10 Employee Assistance Program
(a) The Employer and the Union recognize that many conditions and circumstances can affect work performance, which include emotional, behavioral, psychological, psychiatric, chemical dependency problems, as well as financial, legal or family problems. Employees with these or related problems will have access to an E.A. Program arranged and paid for the Employer. The Employer may change the E.A.P. service provider, subject to the requirement that the E.A.P. are substantially similar in the aggregate.
(b) EAP benefit shall be provided for all active employees, including casual and temporary employees.
(c) The job security and/or future employment opportunities with the Employer will not be jeopardized by utilizing this service.
17.01 (a) Prior to layoffs occurring, the parties will meet and discuss the appropriate application of Article 17.02 to the circumstances, including but not limited to:
(i) the timing and specific process to be followed; (ii) any other issue the parties deem appropriate.
(b) In case it becomes necessary to reduce the work force by: (i) reduction in the number of employees; or
(ii) reduction in the number of regularly scheduled hours available to one or more employees;
the Employer will notify the Union and all employees who are to be laid off at least fourteen (14) calendar days prior to layoff, except that the fourteen (14) calendar days’ notice shall not apply where the layoff results from an Act of God, fire, or flood. If the employee laid off has not been provided with an opportunity to work her regularly scheduled hours during fourteen (14) calendar days after notice of layoff, the employee shall be paid in lieu of such work for that portion of the fourteen (14) calendar days during which work was not made available. Where the layoff results from an Act of God, fire or flood, the affected employee shall receive pay for the days when work was not available up to a maximum of two (2) weeks’ pay in lieu of notice.
(c) 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 under sub-article (a) until she has advised the Employer of her readiness to return to work.
(d) When notice of layoff is delivered to an employee in person, the employee may be accompanied by a representative of the Union, if one is available.
17.02 (a) Layoff shall be in reverse order of seniority within the affected classification and site, however, the Employer shall have the right to retain employees who would otherwise be laid off when layoff in accordance with this Article would result in retaining employees who are not capable and qualified of performing the work required.
(b) If an employee who is subject to layoff in accordance with Article 17.02(a) is not the least senior employee in the classification within the bargaining unit, the employee may choose one of the following options subject to being capable and qualified to do the work:
(i) acceptance of an available vacancy;
(ii) displacement of the least senior employee in the classification or classification series in the bargaining unit;
(iii) acceptance of layoff.
An employee affected by layoff may elect not to displace the least senior employee and be laid off without forfeiting recall rights. If the employee chooses a vacancy or displacement in a different site from which she was laid off, the employee shall bear all applicable travel and/or relocation costs associated with such acceptance and the chosen location becomes the employee’s new site.
(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 required.
(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) (i) The Employer shall endeavor 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.
(ii) Notwithstanding the provisions of Article 17.03(c)(i), casual work shall first be made available to laid off employees of the site from
(iii) which the employee was laid off.
A laid off employee may refuse an offer of casual work without
(iv) adversely affecting her recall status.
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.
(d) For the purpose of this clause “Casual Work” shall mean:
(i) work on a call-in basis which is not regularly scheduled;
(ii) regularly scheduled work for a period of three (3) months or less for a specific job; or
(iii) work to relieve for an absence the duration of which is anticipated to be three (3) months or less.
(e) Notwithstanding the provisions of Article 21.04, 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.
(f) Notwithstanding Article 21.04(e), an employee shall have the right to refuse a recall to a position which is located at a site other than their current site without adversely affecting the employee’s recall rights except at the site to which the recall was refused.
17.04 No new regular or temporary employees will be hired while there are other employees within the Local Unit on layoff as long as laid off employees are qualified and capable of performing the work required.
17.05 In the case of layoff, the employee shall accrue sick leave and earned vacation for the first (1st) month. The employee’s increment date shall also be adjusted by the same amount of time as the layoff and the new increment date shall prevail thereafter. Employees shall not be entitled to Named Holidays with pay which may fall during the period of layoff.
17.06 In the case of layoff in excess of one (1) month duration, the Employer shall inform the employee that she may make arrangements for the payment of her contributions to the retirement plan, and that she may make prior arrangement for the payment of the full premiums for applicable employee benefit plans contained in Article 16 subject to the Insurer’s requirements.
18.01 Should the Employer introduce a new classification, the Employer and the Union shall, within thirty (30) days of the introduction of the new classification, negotiate a wage rate. If the parties cannot agree on a wage rate for the new classification, the dispute shall be submitted as a grievance in accordance with Article 26.01.
18.02 When the duties or responsibilities of an employee in any classification covered by this Collective Agreement are significantly changed:
(a) Employees wishing to appeal this classification must advise the Employer within fourteen (14) days of receiving notice.
(b) Employees shall be advised of the decision of the Employer within twenty- one (21) days of the date upon which the request was received.
(c) Where the affected employee disagrees with the decision of the Employer under Article 18.02(b) the affected employee shall be entitled to use the Grievance Procedure and Arbitration.
19.01 (a) New employees shall be given a probationary period of five hundred and twenty two (522) hours worked excluding sleep shift function hours. If a new employee is found unsatisfactory, such employee may be dismissed at any time during the probationary period without having recourse to arbitration. The Union will be notified of such dismissals.
(b) An employee shall receive a written evaluation towards the end of her probationary period. The evaluation will identify any work-related deficiencies which, if addressed, may help the employee successfully complete her probation.
(c) An employee’s probationary period may be extended by mutual agreement in writing between the Employer and the Union.
20.01 Filling Vacancies
(a) When a vacancy occurs in any classification covered by this Collective Agreement, such vacancy shall be posted for ten (10) working days. The posting shall state qualifications, required knowledge and education, location, hours of work and rate of pay.
(b) When circumstances require the Employer to fill a vacancy before expiration of the ten (10) working days, the appointment shall be made on a temporary basis only until a permanent appointment is made.
(c) In making promotions and filling vacancies, appointments will be made on the basis of qualifications and seniority. First consideration shall be given to the members of the bargaining unit with the qualifications.
If the applicants are equally qualified, then seniority shall prevail.
20.02 (a) A copy of all postings shall be forwarded to the Union.
(b) Applicants for transfer and/or promotion shall be informed in writing of their acceptance or rejection within five (5) days of the date of the appointment.
(c) The unsuccessful applicant and the Union will be notified of the appointee’s name.
20.03 Transferred or promoted employees shall be considered on a trial period in their new position for one (1) month following the date of transfer. During this trial period, the employee may choose to return or the Employer may direct the employee to return to her former position and rate of pay without loss of seniority.
(a) An employee who voluntarily transfers from a full-time to a part-time position in the same classification shall not have to serve a trial period and therefore waives the option to return to her former position.
20.04 Requests for transfers or applications for vacancies shall be in writing to the Employer. Facilities will be provided to accept applications for a posted position at any time within the ten (10) calendar day posting period.
20.05 Achieving a Different Position – When an employee achieves a position in a classification with the same or higher end rate as her present position, such employee shall move to the pay step which has a rate which is equal to her present basic rate of pay, or if there is no such pay step, she shall move to the pay step that has a basic rate of pay that is next higher to her present basic rate of pay.
20.06 When an employee is transferred to a lower rated classification, the employee shall maintain her existing hourly rate of pay, and her seniority shall not be affected.
20.07 Temporary Assignment Outside the Bargaining Unit – Where the Employer requires an employee to substitute on another job outside of this Agreement, for one (1) full shift or longer, the employee will receive, in addition to her regular salary, an amount of five (5) percent of her salary rate for the additional responsibilities.
20.08 Reinstatement to Regular Status when Temporary Job Finished
(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 the Collective Agreement.
(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.
21.01 Seniority shall be bargaining-unit-wide.
21.02 (a) For regular or temporary employees, seniority with the Employer starts on the date on which the employee commenced employment with the Employer.
(b) Effective April 1, 1998, for casual employees whose status changes to regular or temporary; or someone determined by the Labour Relations Board or agreed to by the parties as being in the bargaining unit, the “seniority date” shall be established by dividing their contiguous hours worked with the Employer from the date the employee commenced performing work in the bargaining unit by two thousand eighty eight (2088)
and converting the result to a seniority date.
(c) A casual or temporary employee who changes status to regular full-time or regular part-time employment shall be credited with the following entitlements earned during her period of casual or temporary employment provided not more than six (6) months have elapsed since she last worked for the Employer:
(i) hours worked towards salary increments; (ii) hours worked towards vacation accrual;
(iii) hours worked towards the benefit plan waiting period.
(d) A temporary full-time employee who qualifies for sick leave shall also be credited with sick leave earned and not taken during her period of temporary employment as stated in Article 13.02(a).
(e) An employee who has had a change in status or who achieves a position in another classification shall retain her anniversary date or hours worked in her former classification for future moves on the pay scale, if any.
21.03 Seniority shall be the determining factor in:
(a) preference of vacation time;
(b) layoffs and recalls, subject to the qualifications specified in Article 17;
(c) promotions and transfers within the bargaining unit subject to the qualifications specified in Article 20.
21.04 An employee shall lose all seniority and shall be deemed to have terminated employment with the Employer if she:
(a) is laid off in excess of one (1) year; or
(b) resigns from the employ of the Employer; or
(c) is discharged for just cause and not reinstated; or
(d) overstays a leave of absence (including following a compensable accident)
without good and proper reason and or written permission; or
(e) fails to reply to a recall notice within seven (7) days of its mailing by registered mail to the last address on the company’s records and/or failing to return to work within seven (7) days of receiving such notice. If an employee is recalled to casual work, the employee may elect to remain on lay-off with recall rights; or
(f) is absent for three (3) consecutive days without notifying the Employer.
22.01 The Parties to this Collective Agreement agree to establish an Employee- Management Advisory Committee(s) or the equivalent for promoting harmonious relationships and discussing topics of mutual concern between the employees and the Employer.
22.02 There shall be no loss of income for time spent by employees at meetings.
23.01 The parties to this Collective Agreement will co-operate to the fullest extent in the matter of occupational health, safety and accident prevention and the Employer agrees to provide safety equipment when required and to install devices where necessary.
23.02 The Employee/Management Committee will constitute the Occupational Health and Safety Committee.
23.03 The basic rate of pay will be paid to such employees for time spent in attendance at a meeting of this Committee.
23.04 The Committee shall meet approximately once a quarter at a mutually acceptable hour and date. The Chairperson may mutually call a special meeting of this Committee to deal with urgent matters.
23.05 The Chairperson of the Committee and terms of reference shall be as set out in the Occupational Health and Safety Act.
23.06 The Employer will co-operate with the Committee by providing:
(a) materials and equipment necessary to carry out its functions in accordance with its terms of reference;
(b) data pertaining to workplace health and safety conditions.
23.07 The Committee shall assist the Employer:
(a) by identifying situations which may be unhealthy or unsafe in respect of the work site and make appropriate recommendations;
(b) in the development and promotion of measures to protect the safety and health of employees in the Institution and to check the effectiveness of such measures.
23.08 The Employer shall not unreasonably deny committee members access to the workplace to conduct safety inspections, including monitoring.
23.09 The Health and Safety Committee shall also consider measures necessary to ensure the safety of each employee at the work site and may make recommendations to the Employer in that regard. The Employer shall reply in writing to the Health and Safety Committee within two (2) months of receipt of the recommendation.
23.10 Imminent Danger
(a) No employee shall:
(i) carry out work if, on reasonable and probable grounds, she believes that there exists an imminent danger to the health or safety of that employee;
(ii) carry out any work if, on reasonable and probable grounds, she believes that it will cause to exist an imminent danger to the health or safety of that employee or another employee present at the work site; or
(iii) operate any tool, appliance or equipment if, on reasonable and probable grounds, she believes that it will cause to exist an imminent danger to the health or safety of that employee or another employee present at the work site.
(b) In this Article, “imminent danger” means in relation to any occupation: (i) a danger which is not normal for that occupation, or
(ii) a danger under which a person engaged in that occupation would not normally carry out her work.
24.01 Disaster plan exercise shall be considered a joint responsibility of the Employer and employee in the public interest. Employees participating in a disaster plan exercise shall do so on a volunteer basis.
24.02 Disaster planning includes planning for pandemics, as well as disasters like plane crashes, floods and war.
25.01 Except for the dismissal of an employee serving a probationary period, there shall be no discipline or dismissal except for just cause.
25.02 Written warning notice shall be given to employees promptly for poor conduct or unsatisfactory performance.
(a) This does not prevent immediate dismissal for just cause, subject to the Grievance Procedure.
(b) Unsatisfactory conduct 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 to the employee with a copy to the Union office within five (5) working days of the disciplinary action. The written warning shall indicate that it is disciplinary in action.
(c) Unsatisfactory performance by an employee which is considered by the Employer to be serious enough to be entered on the employee’s record but not serious enough to warrant suspension or dismissal may result in a written warning to the employee with a copy to the Union office within five (5) working days of the disciplinary action. The written warning shall indicate that it is disciplinary in action. It shall state a definite period in which improvement or correction is expected and at the conclusion of such time, the employee’s performance shall be reviewed with respect to the discipline. The employee shall be informed in writing of the results of the review. The assignment of an improvement or correction period shall not act to restrict the Employer’s rights to take further action during said period should the employee’s performance so warrant.
(d) When circumstances permit, the Employer shall provide at least twenty-four (24) hours advance notice to an employee required to meet with the Employer for the purposes of discussing or issuing discipline. The Employer shall advise the employee that they may be accompanied by a representative of the Union at such meeting.
26.01 Definition of Time Periods
(a) For the purpose of this Article and Article 27, 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 specified in Article 11.01(a).
(b) Time limits may be extended by mutual agreement, in writing, between the Union and the Employer.
26.02 Resolution of a Difference between an Employee and the Employer
(a) Formal Discussion
(i) If a difference arises between one (1) 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/manager. 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 Article
26.02(a)(i), may be bypassed when the employee has been given a letter of discipline pursuant to Article 25.01.
(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 shall be batched and dealt with as a group grievance commencing at Step 1.
(b) Step 1 (Manager)
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 House 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 a violation of this Collective Agreement had occurred. The decision of the Manager of the House shall be made known to the employee and the Union within seven (7) days of receipt of the written statement of grievance.
(c) Step 2 (Executive Director or Designate)
Within seven (7) days of receipt of the decision of the Manager of the House, the grievance may be advanced to Step 2 by submitting to the Executive Director, or his 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, a meeting, which may be arranged by either party, shall occur within ten (10) days of the date of the letter. The Executive Director, or his or her designate, shall render a decision, in writing, to be forwarded to the Union and the grievor within seven (7) days of the date of the meeting.
(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 Executive Director, or his 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 Association 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 meeting pursuant to this grievance procedure.
(g) A Dismissal Grievance shall commence at Step 2.
(h) Time limits for filing of a dismissal grievance shall be as stated in Article 26.02(b).
26.03 Resolution of a Difference between the Union and the Employer
(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 Executive Director or with his or her designate, as appropriate. If the difference is not resolved in this manner, it may become a policy grievance.
(b) Step 1 (Executive Director or Designate)
A Policy Grievance shall be submitted, in writing, to the Executive Director, or her designate, and shall indicate the nature of the grievance, the clause or clauses claimed to have been violated, and the redress sought. Such grievance shall be submitted to the Executive Director, or his or her designate, within twenty (20) days of the occurrence of the act causing the grievance or within twenty (20) days of the time that the Union could reasonably have become aware that a violation of this Collective Agreement had occurred.
Upon receipt of the grievance, a meeting, should it be necessary, may be arranged by either party. The meeting shall be held within ten (10) days of the receipt of the grievance unless mutually agreed otherwise. The decision of the Executive Director, or his or her designate, shall be made known to the Union, in writing, within seven (7) days of the date of the meeting.
(c) Step 2 (Arbitration)
Should the Union elect to submit a policy grievance as defined herein for Arbitration, it shall notify the Employer, in writing, within ten (10) days of the receipt of the decision of the Executive Director, or his or her designate, and name its appointee to an Arbitration Board at the same time. By mutual agreement, in writing, between the Parties, a single Arbitrator may be appointed.
(a) Should the grievor fail to comply with any time limit in this grievance procedure, the grievance will be considered conceded and shall be abandoned unless the Parties to the difference have mutually agreed, in writing, to extend the time limit.
(b) Should the Employer fail to respond within the time limit set out in this grievance procedure, 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.
27.01 Within seven (7) days following receipt of notification pursuant to Article 26.02(d) or 26.03(c) that a grievance has been referred to an Arbitration Board, the Employer shall advise the Union of its appointee to the Arbitration Board. The appointees shall, within seven (7) days, endeavor to select a mutually acceptable chairperson of the Arbitration Board. If they fail to agree, the Minister of Human Resources and Employment shall be requested to appoint a Chairperson, or a single arbitrator, pursuant to the Labour Relations Code.
27.02 The Arbitration Board or the single Arbitrator 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. The Chairperson of the Arbitration Board shall have authority to render an award with or without the concurrence of either of the other members. The award is final and binding upon the Parties and upon any employee affected by it and is enforceable pursuant to the Code.
27.03 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, the Arbitrator may substitute any penalty for the discharge or discipline that to her seems just and reasonable in all circumstances.
27.04 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 borne equally by the Parties.
27.05 Any of the time limits herein contained in Arbitration proceedings may be extended if mutually agreed to in writing by the Parties.
28.01 The Employer shall provide a copy of the Collective Agreement to each new employee upon appointment.
28.02 The Collective Agreement shall be printed in pocket-size form, and the cost shall be shared equally between the parties.
29.01 The Employer will provide a Group Registered Retirement Savings Plan for employees to encourage employees to save for retirement. All regular full-time and regular part-time employees working twenty (20) or more hours per week will be eligible and will be required to participate in the Retirement Savings Plan after successful completion of probation.
29.02 The Group Registered Retirement Savings Plan will become effective as early as the first of the month following ratification of the Collective Agreement, providing this can be reasonably accommodated by the employer-selected provider.
29.03 The Employer will contribute three percent (3%) of paid hourly wages matched to an employee contribution of three percent (3%).
29.04 At the written request of an employee, the Employer will contribute an additional point five percent (0.5%) of paid hourly wages matched to an employee contribution of point five percent (0.5%) To a maximum Employer contribution of three point five percent (3.5%).
29.05 The Employer will provide each participant and the Union with a copy of the Group Registered Retirement Savings handbook.
29.06 Changes to the Group Retirement Savings Plan will be made subject to mutual agreement between the Union and its membership and the Employer.
30.01 In the event that an employee is over or under compensated by error on the part of the Employer by reason of salary payment for:
(a) vacation benefits or (b) sick leave benefits or (c) salary/wages;
The Employer shall correct such compensation error not later than the second following pay day. If an under payment is not corrected by the second following pay day, the employee shall have ten (10) days to file a grievance as outlined in Article 26.
In the case of an over payment, the Employer shall notify the employee in writing that an overpayment has been made and discuss repayment options. By mutual agreement between the Employer and the employee, repayment arrangements shall be made. In the event mutual agreements cannot be reached, the Employer shall recover the overpayment by deducting up to ten percent (10%) of the employee’s gross earnings per pay period.
LETTERS OF UNDERSTANDING
HOUSE NEXT DOOR SOCIETY
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HEALTH SCIENCES ASSOCIATION OF ALBERTA RE: MODIFIED HOURS OF WORK ON WEEKENDS
The Parties to this Collective Agreement agree that, notwithstanding Article 7 Hours of
Work, modified hours of work for employees working weekends will be as follows:
1. Start and finish times of regularly scheduled weekend shifts shall fall within the period beginning 11:00 p.m., Friday, and ending 7:00 a.m., Monday. Overtime provisions shall not apply to regularly scheduled hours.
2. (a) Hours worked between 11:00 p.m. and 7:00 a.m. shall be considered a “sleep shift” to be paid at the applicable rate in Appendix “A”
(b) An employee working a “sleep shift” must respond to client needs and safety, per Society policy and procedures.
3. All other terms of the Collective Agreement remain in force and effect.
ON BEHALF OF THE HOUSE NEXT DOOR SOCIETY
ON BEHALF OF THE HEALTH SCIENCES ASSOCIATION OF ALBERTA
HOUSE NEXT DOOR SOCIETY
– and –
HEALTH SCIENCES ASSOCIATION OF ALBERTA RE: NIGHT SHIFT DIFFERENTIAL PAYMENT
The parties to this Collective Agreement agree that effective on the date of ratification a night shift differential shall be established as follows:
(a) Shift differential of eighty five cents ($0.85) per hour shall be paid to:
(i) employees working a Residential Counselor 1 shift wherein the majority of such shift falls within the period twenty-three hundred (2300) hours to zero seven hundred hours (0700) or
(ii) employees for each regularly scheduled hour worked between twenty- three hundred (2300) hours to zero seven hundred (0700) hours provided that greater than two (2) hours are worked within twenty-three hundred (2300) hours and zero seven hundred (0700) hours
(b) Shift differential shall not be considered part of the basic hourly rate of pay. (c) Shift differential shall not apply to sleep function shift hours.
ON BEHALF OF THE HOUSE NEXT DOOR SOCIETY
ON BEHALF OF THE HEALTH SCIENCES ASSOCIATION OF ALBERTA
WITNESS WHEREOF THE PARTIES HAVE EXECUTED THIS COLLECTIVE AGREEMENT BY AFFIXING HERETO THE SIGNATURES OF THEIR PROPER OFFICERS IN THAT BEHALF.
ON BEHALF OF THE HOUSE NEXT DOOR SOCIETY:
ON BEHALF OF THE HEALTH SCIENCES ASSOCIATION OF ALBERTA: