YWCA. Saskatoon, SK THE YOUNG WOMEN S CHRISTIAN ASSOCIATION OF SASKATOON (YWCA)

Transcription

1 YWCA Saskatoon, SK THE YOUNG WOMEN S CHRISTIAN ASSOCIATION OF SASKATOON (YWCA) July 1, 2012 to June 30, 2015

2 How to Handle a Question or Complaint If you have a question or complaint about the application or interpretation of the Collective Agreement as it applies to you, do not delay and Review the facts. Read the Collective Agreement. Check on the existence of any locally negotiated terms which may modify the basic agreement. If you continue to have a question or complaint, speak to your local Unit Executive or Steward about the problem. If you do not get a satisfactory answer to your problem, or need help in resolving your problem, you should call the SEIU-West Member Resource Centre (MRC). A Member Resource Centre Officer will answer your questions and help deal with your issue. They can also refer your concerns to the Union Representative assigned to your workplace, if necessary. The SEIU-West MRC can be reached toll free by calling: SEIU (7348) Or through the Contact Us page on

3 Table of Contents PREAMBLE... 1 ARTICLE 1 - TERM OF AGREEMENT Duration and Open Period Strikes and Lockouts... 1 ARTICLE 2 - CLARIFICATION OF TERMS AND DEFINITIONS Clarification Definitions... 2 ARTICLE 3 - UNION SECURITY AND RECOGNITION Scope of Agreement Bargaining Unit Individual Agreements No Discrimination Union Membership Check-off of Union Dues Interviewing Opportunity Union/Management Meetings... 5 ARTICLE 4 - MANAGEMENT RIGHTS ARTICLE 5 PROBATIONARY PERIOD FOR NEW EMPLOYEES ARTICLE 6 SENIORITY Seniority List Accumulation of Seniority Loss of Seniority... 6 ARTICLE 7 LAY-OFFS AND RECALLS Lay-offs Lay-off Notice Recalls Notification to the Union i

4 ARTICLE 8 VACANCIES, NEW POSITIONS AND PROMOTIONS Job Posting Information in Posting Temporary Vacancies Relief Assignment Salary Adjustment Upon Promotion Filling of Vacancies Trial Period on Promotions or Transfers Employee Performance Review Duty to Accommodate Employee Status While in Receipt of Income Replacement ARTICLE 9 HOURS OF WORK SCHEDULES AND OVERTIME Regular Hours of Work and Overtime Work Schedule Overtime Call Back Guarantee Reporting Pay Guarantee Rest Periods Scheduling and Call-In Systems Shift and Weekend Premiums ARTICLE 10 - STATUTORY HOLIDAYS Statutory Holiday Compensation ARTICLE 11 - VACATION Vacation Credits (SEE SCHEDULE - APPENDIX II) ARTICLE 12 - LEAVE OF ABSENCE General Leave of Absence Union Leave Leave of Absence for Union Functions Leave of Absence for Union Position Compassionate Leave Jury or Witness Duty ii

5 12.07 Medical Appointment Leave Maternity Leave Adoption Leave Parental Leave Education Leave ARTICLE 13 - EMPLOYEE BENEFITS Benefit Plans Salary Continuation Provision Cost of Benefit Plans Sick Leave Wellness Days Medical Certificate Non-participating employees of the Plan Pressing Necessity Leave ARTICLE 14 - WAGE RATES AND JOB CLASSIFICATIONS Recognition of Education and Previous Experience ARTICLE 15 - GRIEVANCE AND ARBITRATION PROCEDURE Investigation ARTICLE 16 MISCELLANEOUS Notice Boards Transportation Allowance Footwear and Uniforms Contracting Out Training Occupational Health and Safety Committee Pay for Joint Committee Harassment iii

6 16.09 Needle Safety Whistleblower Protection ARTICLE 17 - PROGRESSIVE DISCIPLINE Employee Rights Disciplinary Progression ARTICLE 18 TECHNOLOGICAL CHANGE Technological Change APPENDIX I AND MONETARY TERMS APPENDIX II - UNION VACATION CREDITS LETTER OF UNDERSTANDING Re: 8 Hour Work Schedule for Child Development LETTER OF UNDERSTANDING Re: Administrative Assistant Classification LETTER OF UNDERSTANDING Re: General LETTER OF UNDERSTANDING Re: Additional Funding SIGNING PAGE iv

7 PREAMBLE This agreement acknowledges the desire of both parties to work together in an environment based on co-operation, consultation, mutual respect, and shared beliefs and principles. It is the desire of both parties to this agreement to maintain and improve relations between the Employer and members of the Union and to recognize the mutual value of joint discussions and negotiations in respect of matters pertaining to working conditions, employment, hours of work and wages. Therefore, the parties agree to the following terms and conditions of employment: ARTICLE 1 - TERM OF AGREEMENT 1.01 Duration and Open Period a) This Agreement shall remain in force for a period of thirty-six (36) months from July 1, 2012 to June 30, 2015, inclusive and from year to year thereafter, but either party may, not less than thirty (30) days, nor more than ninety (90) days, prior to the expiration date hereof give written notice to the other party or to negotiate a revision thereof. If such notice is given by either party and no agreement is reached, all provisions of this Agreement shall continue to be observed by both parties until a new Agreement is reached. b) Re-opener The parties agree that they will meet once each year of this Collective Agreement to negotiate wages and benefits except if it is a year that the Collective Agreement expires. During the year that the Collective Agreement expires the parties will meet at the bargaining table to negotiate wages and benefits Strikes and Lockouts During the term of this Agreement there shall be no strikes, slowdowns or stoppage of work on the part of the Union nor any lockouts on the part of the Employer. ARTICLE 2 - CLARIFICATION OF TERMS AND DEFINITIONS 2.01 Clarification The provisions of this Agreement shall be read with all genders, grammatical, singular and plural changes as required by the circumstances. 1

8 2.02 Definitions For the purpose of this Agreement the following definitions shall apply: a) Full-Time Employees A full-time employee is an employee who is regularly scheduled to work at least seventy (70) hours bi-weekly. b) Part-Time Employees A part-time employee is an employee who is regularly scheduled and who works less than seventy (70) hours in a bi-weekly period. c) Casual Employees An employee who does not have a repeating, regular schedule or guaranteed hours in a bi-weekly period. d) Temporary Employees A temporary employee shall be an employee hired from outside the bargaining unit who is employed for a predetermined period of time not to exceed eighteen (18) months. The time limit may be extended by agreement between the Employer and the Union. A temporary employee shall accrue seniority and be entitled to all rights and benefits of the Collective Agreement. Employees who have completed their term may request to be placed on the casual list for which they are qualified. e) Bi-weekly Bi-weekly shall be defined as the bi-weekly pay period. f) Seniority Seniority is defined as the length of continuous service with the Employer calculated in accordance with Article g) Childcare Workers ECE I Early Childhood Educator I means a person who has successfully completed: 1) A 120-hour introductory course in early Childhood education from a university, technical institute, regional college or similar post-secondary educational facility; and Level I certification from the Government of Saskatchewan 2

9 2) Education or training that, in the opinion of the Director of Social Services, Childcare Branch, is equivalent to the course described in subclause 1); ECE II Early Childhood Educator II means a person who: 1) Has obtained a one-year certificate in early childhood education from a university, technical institute, regional college or similar post-secondary educational facility; and level II certification from the Government of Saskatchewan 2) Has successfully completed education or training that, in the opinion of the Director of Social Services, Childcare Branch, is equivalent to the certificate mentioned in subclause 1); ECE III Early Childhood Educator III means a person who: 1) Has obtained a two-year diploma in early childhood education from a university, technical institute, regional college or similar post-secondary educational facility; and level III certification from the Government of Saskatchewan 2) Has successfully completed education or training that, in the opinion of the Director of Social Services, Childcare Branch, is equivalent to the certificate mentioned in subclause 1). ARTICLE 3 - UNION SECURITY AND RECOGNITION 3.01 Scope of Agreement This Agreement shall cover all employees of the Young Women's Christian Association of Saskatoon in the City of Saskatoon, Saskatchewan, except the Executive Director, Director of Administration, Director of Development and Communications, Executive Assistant, Payroll Accountant, Fund Raising Assistant, Manager Crisis Shelter & Residence, Manager Fitness on 25 th, Manager Child Development Centre, Manager Employment & Learning, Building Operator, Customer Service and Business Development Coordinator, Aquatics Coordinator, Lead Trainer, Seasonal Fitness Instructors or Consultants, Life Guards and any person having and regularly exercising authority to employ, or discharge employees or regularly acting on behalf of Management in a confidential capacity. 3

10 3.02 Bargaining Unit The Employer recognizes the Union as the sole bargaining agent for the employees covered by this Agreement and hereby agrees to negotiate with the Union or its designated representatives in respect to wages, terms and conditions of employment. If no employees within the bargaining unit will accept any hours, management may fill that shift using workers from outside the bargaining unit Individual Agreements No employee shall be required or permitted to make a written or verbal agreement with the Employer or its representatives, which may conflict with the terms of this Agreement No Discrimination The Employer and the Union agree that there shall be no discrimination, interference, restriction, coercion, exercised or practised with respect to any employee in the matter of hiring, wage rates, training, upgrading, promotion, transfer, lay-off, recall, discipline, classification, discharge or otherwise by reason of age, race, creed, colour, national origin, disability (subject to bona fide occupational requirements), political or religious affiliation, sex, sexual orientation, marital status, family status, place of residence, nor by reason of membership or activity in the Union Union Membership The Employer agrees to have new employees covered by this Agreement sign Application for Membership and Dues Authorization cards, which shall be provided by the Union, upon commencement of employment. Every employee who is now or hereafter becomes a member of the Union shall maintain membership in the Union as a condition of employment, and every new employee whose employment commences hereafter shall, within thirty (30) days after the commencement of employment, apply for and maintain membership in the Union as a condition of employment, provided that any employee in the appropriate bargaining unit who is not required to maintain membership or apply for and maintain membership in the Union shall, as a condition of employment, tender to the Union the periodic dues uniformly required to be paid by the members of the Union Check-off of Union Dues The Employer shall deduct from the wages of each employee initiation fees and monthly Union dues and assessments as may be directed by the Secretary-Treasurer of the Union. Such deductions shall be remitted within seven (7) days following the month-end to the Secretary- Treasurer of the Union, together with a separate statement showing the name of each employee on behalf of whom such deductions have been made and the amount deducted from her wages clearly identifying the nature of the deductions whether initiation fees or dues, and the names of employees within the scope of the Agreement who were hired, laid off or 4

11 terminated since the last statement. When Union dues are changed, the Secretary-Treasurer of the Union shall notify the Employer of the same in writing two (2) weeks prior to the month of change Interviewing Opportunity The Employer agrees to provide a representative of the Union with notification of new employees and an opportunity to interview each new employee within regular working hours, without loss of pay for a maximum of thirty (30) minutes, prior to the expiration of the new employee's first month of employment. The intent of this interview is to provide the new employee with a copy of the Collective Agreement and to advise the new employee of the benefits and duties of Union Membership Union/Management Meetings The parties agree to establish a Union/Management Committee. The Committee shall meet every three (3) months or upon the request of either party to discuss matters of concern. The committee will be jointly chaired with both Union and Management appointing a cochair. There shall be an exchange of appropriate information on grants or Board discussions which affect the members of this Union to facilitate full and informed discussion on such matters. ARTICLE 4 - MANAGEMENT RIGHTS 4.01 The Union recognizes that the management of YWCA Saskatoon and the direction and deployment of the work force, including the right to plan, direct, control, discipline, schedule, promote and demote and lay-off employees, are to be the sole right and function of the Employer. The Employer retains all rights not otherwise specifically covered by this agreement The Union recognizes the responsibilities of its members to perform faithfully and diligently their respective duties for the Employer and to carry out their individual responsibilities according to the regulations, methods and procedures established by the Employer. ARTICLE 5 PROBATIONARY PERIOD FOR NEW EMPLOYEES 5.01 Any new employee will be on a probationary basis for the first five hundred and twenty (520) hours worked or six (6) calendar months, whichever comes first. With the consent of the Union, the Employer may extend the probationary period by a further three hundred and twenty (320) hours worked or three (3) calendar months, which ever comes first. When such an extension is made the employee will receive a formal assessment identifying the needed areas of improvement. 5

12 ARTICLE 6 SENIORITY 6.01 Seniority List An up-to-date seniority list shall be posted in each department, thirty (30) days after the end of each quarter. A copy thereof shall be sent to the Union. All employees will access vacation credits and sick leave credits from the currently utilized time management software. In the event of two employees entering the service of the Employer on the same day their names shall be placed on the list in alphabetical order. Seniority lists shall be open for correction for thirty (30) days after the date of posting Accumulation of Seniority Seniority shall be accumulated in hours. An employee shall earn seniority for: a) All actual hours worked excluding overtime; b) Statutory Holiday hours; c) Hours of vacation pay; d) All paid leaves; e) Any authorized unpaid leaves up to thirty (30) calendar days at one time; f) Time off while receiving benefits under The Workers Compensation Act. g) Time off while receiving benefits under the Disability Salary Continuation Plan, SGI Income Replacement, EI sick benefits or unpaid sick leave; h) Maternity, Adoption or Parental leave; i) Compassionate Care leave; j) Education leave Loss of Seniority An employee shall only lose seniority and shall be deemed terminated in the event the employee: a) Is discharged for just cause and is not reinstated; b) Voluntarily resigns in writing; c) Fails to return to work immediately following termination of leave of absence or 6

13 within ten (10) working days from notification by the Employer to return to work following a lay-off, unless in either case the employee can show acceptable reason for failure to report to work. The notification by the Employer to report for work shall be by registered mail addressed to the last known address of the employee concerned. d) Is laid off for a period which exceeds eighteen (18) months; e) Does not return to work at the end of a general leave of absence. ARTICLE 7 LAY-OFFS AND RECALLS 7.01 Lay-offs A lay-off shall be defined as a reduction in staff or a reduction in the hours of work per rotation of any permanent employee. In all cases of lay-offs seniority shall be the governing factor. When an employee is given notice of lay-off she shall be entitled within the notice period to exercise her seniority rights displacing a junior employee provided she has the necessary qualifications and competence to perform the work Lay-off Notice Notice of lay-off shall be in accordance with the Labour Standards of the Province of Saskatchewan, provided, however, that the minimum amount of notice shall be two (2) weeks. If the employee laid off has not had the opportunity to work the above notice period the employee shall be paid in lieu of work for that period of the notice period for which work was not made available, provided however, that in this notice period, if regular duties are unavailable the Employer may assign duties other than those normally connected with the classification in question Recalls Employees shall be recalled from lay-off in order of seniority. Recall notice shall be made by registered mail to the last known address of the employee concerned. It shall be the responsibility of the laid off employee to keep the Employer advised of their current address Notification to the Union Prior to lay-offs, discussions shall have taken place between the parties of this Agreement Subject to operational requirements, any employee who has suffered a reduction in their guaranteed hours as a result of lay-off, shall be afforded any and all additional permanent hours that become available, within their classification, in an effort to reach their pre-lay-off 7

14 guaranteed hours. In the event that more than one (1) employee is affected, the Employer will offer the additional hours to the most senior employee first. ARTICLE 8 VACANCIES, NEW POSITIONS AND PROMOTIONS 8.01 Job Posting a) When a vacancy occurs or a temporary vacancy of three (3) months or more occurs or a new position is created inside the bargaining unit, the Employer shall post notice of the position through appropriate means defined by the parties for a minimum of one (1) week, to ensure that all employees will be allowed the opportunity to make application. b) Casual positions shall be posted Information in Posting Such notice shall contain the following information: a) Nature of position; b) Required qualifications; c) Shifts including hours of work; d) Number of shifts per rotation; e) Wage or salary rate or the range. When a successful applicant is selected, the name of such successful applicant will be posted on all bulletin boards for a minimum of one (1) week Temporary Vacancies a) When the Employer reasonably knows prior to filling a temporary vacancy, that such vacancy will be for a duration of three (3) consecutive months or longer, the Employer shall post and fill such vacancy as outlined in this Article. b) Should the temporary vacancy subsequently become permanent it shall be posted and filled in accordance with this Article. c) No temporary position shall exceed eighteen (18) consecutive months unless agreed to between the Employer and the Union. The Employer agrees to review with the Union all temporary jobs on an annual basis to determine whether such positions should be posted 8

15 as permanent positions Relief Assignment An employee requested to perform the duties of a higher paid position or relief in an out-of-scope position for one (1) or more days shall receive a rate adjustment of a minimum of two dollars and fifty cents ($2.50) per hour for all hours so worked. Such assignments shall be offered on the basis of seniority provided the employee has the necessary qualifications and the ability to perform the work Salary Adjustment Upon Promotion Upon promotion an employee shall receive the minimum of the new position, or such step in the new range, which will provide a wage increase at least equal to a normal increment Filling of Vacancies New positions or vacancies shall be filled on the basis of seniority provided that the applicant possesses the necessary qualifications required to fill the position and the ability to perform the work. a) Bidding of Vacancies Employees shall be entitled to bid for a new position or vacancy by means of written application. Wherever possible, vacancies shall be filled by employees within the scope of this agreement. b) Commencement of Job Whenever possible, an employee selected from the posting procedure shall commence the job within four (4) weeks after the date of notification of selection to the position unless mutually agreed otherwise. c) Appointment of Applicant Within five (5) working days of awarding the position, the name of the selected applicant will be posted on designated bulletin boards for a minimum of seven (7) calendar days, with a copy forwarded to the Local Union Office. If an employee vacates the position within thirty (30) calendar days of the commencement date, the vacated position shall be offered to other qualified applicants from the original posting in accordance with the above provisions. Should there be no other qualified applicant, the position shall be reposted Trial Period on Promotions or Transfers Calculated from the date of commencement of duties, an employee promoted or transferred 9

16 shall be allowed a trial period of three hundred and twenty (320) hours worked. The employee shall be confirmed in the new position after the trial period. In the event the successful applicant is unsatisfactory in the position during the trial period, or if the employee so wishes, the employee shall be returned to the employee's former position, wage or salary rate without loss of seniority. Any other employee promoted or transferred because of the rearrangement of positions, shall also be returned to the employee's former position, wage or salary rate without loss of seniority. Employees who change from one (1) position to another within the same classification shall not serve a trial period Employee Performance Review When a review of an employee's performance is made, the employee concerned shall be given the opportunity to read such review. The employee shall be required to sign an acknowledgement that they have been given an opportunity to read the performance review and shall be provided with a copy. Such signature shall not constitute an agreement with the contents of the review. The employee shall have the right to respond in writing to such review within fourteen (14) days and such response shall become part of the record. An adverse report will be reviewed after one (1) year and may be considered void if all performance expectations have been addressed. An employee performance, appraisal or review is not a disciplinary meeting Duty to Accommodate The Employer agrees to make every reasonable effort, short of undue hardship, to provide suitable modified or alternate employment to employees who are temporarily or permanently unable to return to their regular duties as a consequence of an occupational or non-occupational disability, or as a consequence of limitations as a result of illness or injury or who otherwise require accommodation as set out in the Saskatchewan Human Rights Code, the Saskatchewan Human Rights Code-Regulations, The Saskatchewan Labour Standards Act and The Saskatchewan Occupational Health and Safety Act. Accommodation of employees within the workplace is a shared responsibility between the Employer, the Union and the employee. All parties shall work cooperatively to foster an atmosphere conducive to accommodation. It is the responsibility of the employee to provide medical evidence of limitations or restrictions. If further information is required, the Employer and employee will work together to ensure needed assessments and information is provided. The parties agree that the employee s medical information is to be treated in a confidential manner, and the accommodation process is to be carried out in such a manner as to protect the confidentiality of such information to the extent possible Employee Status While in Receipt of Income Replacement Where an employee is in receipt of Workers' Compensation benefits, SGI Income Replacement 10

17 or is disabled and receiving STD or LTD Disability benefits, the following process will be undertaken: 1. During the first two (2) years of the claim the employee's position shall not be filled on a permanent basis. If after the two (2) year period, the employee continues to receive such benefits, there shall be a review of the file undertaken by the Employer, employee and the Union to determine whether the employee will be able to return to their former position. 2. Following the two (2) year period, if the employee is deemed to be unable to do her own job, but is able to return to work the following procedure will be taken: a) The Employer, employee and the Union will review qualifications and capabilities including particular limitations and/or restrictions, with a view to the identification of return to work options. b) Where no job is immediately available, the employee shall make application for a General Leave of Absence (one-year maximum) and will thereby be eligible to apply for any vacant position for which the employee is qualified and capable. The Employer agrees to make every reasonable effort short of undue hardship to provide suitable modified or alternate employment to employees who are temporarily or permanently unable to return to their regular duties, as a consequence of an occupational or non-occupational disability, illness or injury. In such circumstances the Union and the Employer may agree to waive certain provisions of this Agreement. All parties shall work cooperatively to foster an atmosphere conducive to a successful Return to Work and/or an Accommodation. c) The position vacated by the employee will be posted and filled on a permanent basis. ARTICLE 9 HOURS OF WORK SCHEDULES AND OVERTIME 9.01 Regular Hours of Work and Overtime a) Employees in the Crisis Shelter & Residence Shift Workers: No employee in the Crisis Shelter & Residence will work more than their regularly scheduled shifts of eight (8) or ten (10) hours and eighty (80) hours in the bi-weekly period without the payment of overtime. Employees working regularly scheduled shifts of less than eight (8) hours shall work no more than eight (8) hours per day without the payment of overtime. b) For all staff other than those referred to in a): all hours worked in excess of eight (8) hours in any day or forty (40) hours per week, shall be paid at one and one-half (1½) times the regular rate of pay for each hour or part of an hour in excess so worked. 11

18 c) The hours of work of an employee who is regularly scheduled to work less than eight (8) hours per day may be expanded up to normal full-time hours of eight (8) hours per day without the payment of overtime. d) Where operationally feasible, overtime or work beyond the regularly scheduled hours of work shall be authorized by the Employer in advance. e) Overtime shall be offered in order of seniority within the department in the same classification, provided the employee has the ability to perform the work. The Employer will not unreasonably deny the opportunity for employees to be oriented in different areas. f) Employees working either in a single position or multiple positions must notify their Supervisor(s) when accepting additional hours which will place them in an overtime position Work Schedule a) Except as otherwise agreed between the Union and the Employer, all departments shall develop a master rotation schedule containing all guaranteed hours, days worked and days off. Employees shall have at least two (2) consecutive days off except where otherwise mutually agreed by the Union and the Employer. Saturday and Sunday off consecutive shall be considered to be in compliance with this clause. Should a full-time employee be required to report to work on one of her regularly scheduled days off the provisions of Article 9.03 shall apply. All schedules shall be agreed to on an equitable and mutual basis by the parties. b) Work schedules based upon the master rotation in the worksite shall be posted twentyeight (28) days in advance in a place accessible to the employees. c) Work schedules shall be confirmed and posted no less than two (2) calendar weeks in advance of the actual week being worked Overtime a) Definition of Overtime All hours worked in excess of eight (8) hours in any day or eighty (80) hours in the biweekly pay period, shall be paid at one and one-half (1½) times the regular rate of pay for each hour or part of an hour in excess so worked. b) Time Off in Lieu of Overtime By mutual agreement between the employee and Employer, an employee may take time off with pay in lieu of overtime pay at the appropriate time and one-half (1½) or 12

19 9.04 Call Back Guarantee double (2X) time as provided herein. Employees called back to work after having completed an eight (8) hour shift or ten (10) hours in Crisis Shelter and Residence shall be paid at one and one-half times (1½) the regular rate of pay for the first four (4) hours and thereafter double (2X) the regular rate of pay, but a minimum of three (3) hours at the rate of one and one-half times (1 ½) the regular rate will be paid Reporting Pay Guarantee An employee reporting to work on a scheduled shift shall be paid a minimum of three (3) hours at their regular rate of pay Rest Periods a) Employees who work more than three (3) hours but not more than five (5) hours shall receive one fifteen (15) minute paid rest period. Employees who work more than five (5) hours shall receive two (2) fifteen (15) minute paid rest periods. The time of the rest or meal period shall be scheduled by the Employer. Every effort will be made to grant such periods midway between each half shift or by mutual agreement combined to one-half (½) hour break midway in a full shift. b) Should the rest period or an unpaid meal period of an employee be interrupted before its conclusion, the employee will either take the remaining time later in the shift or if this is not possible, be paid the time at the overtime rate, or taken at a later date as provided in Article 9.03 b) Scheduling and Call-In Systems Employees must advise the Employer that they will be in an overtime situation if called in for additional work. Unless otherwise specified, the following process applies only to employees within the specific department. A. Crisis Shelter & Residence (CS & R) For all scheduling within CS & R three (3) rotation lists, all based on seniority will be established and maintained within the same classification; Part-time and job-share employees; Casual employees; Master employee list which includes all CS & R employees. 13

20 i) Scheduled Shifts Refers to shifts that are scheduled within the posted and confirmed period and posted a minimum of two (2) weeks prior to the beginning of each month. The full-time rotation does not have full coverage of all shifts therefore it is necessary to fill those remaining shifts with part-time, job-share and casual employees. 1. Initially each employee can take no more than two (2) shifts. 2. Part-time and job-share employees shall be scheduled into the calendar according to their submitted availability. If more than one employee is available for a specific shift, the shift will be offered to the most senior employee first. 3. After all part-time and job-share employees have been scheduled, casual employees shall be scheduled into the calendar according to their submitted availability based on seniority. 4. If shifts remain unfilled, the process will be repeated. ii) Call-In Shifts Refers to the shifts that become available after the completed shifts schedule has been posted (i.e., short-notice vacation requests, wellness, sick time). 1. Employees can only accept work if the hours do not put them into an overtime position. 2. Management reserves the right to exhaust all other options within the bargaining unit before the incurrence of overtime. 3. Initially each employee can take no more than two (2) shifts. 4. Beginning with the casual employee list and then moving to the part-time and jobshare employee list, employees shall be offered work starting with the most senior employee on each list. 5. For a shift that needs to be filled with forty-eight (48) hours, calls will be made going down the list with no wait time. 6. For a shift that is outside of the forty-eight (48) hours: 1) If an employee on the list cannot be reached, a reasonable amount of time will be allowed for a response before the next person is called. 2) If a message can be left, it will state the date and time the employee is to respond back. 3) If a message cannot be left or if the response time has passed, the next person on the list will be contacted. 7. After all options have been exhausted, overtime may be considered based on seniority. The master employee list will be used for this purpose. Management must approve all overtime shifts prior to acceptance. B. Call-In Child Development Centre i) A separate casual and full-time/part-time employees seniority list commencing with the 14

21 most senior employee shall be established and maintained. ii) As shifts/additional hours become available they shall be offered first on the basis of seniority to the full-time/part-time employees to allow them to maximize their hours without placing them in an overtime position. iii) Where shifts in excess of the original shift(s)/additional hours accepted become available the senior employee may give up the original shift(s)/additional hour accepted and choose the new shift(s)/additional hours. The remaining shift(s)/additional hours shall be offered as above. iv) After the full-time and part-time employees have maximized their hours or where no employee has accepted any additional hours and there are additional hours left, the hours shall be offered to the casual employees based on seniority. v) If the most senior employee cannot be contacted, the next most senior employee on the list will be contacted. vi) If a complete shift cannot be filled the shift may be split into two portions and partial shifts shall be offered to the most senior employee if the additional hours do not place them in an overtime position. vii) In an emergent situation (i.e. within forty-eight (48) hours): - Where less than three (3) hours are available, those hours shall be offered by seniority to those employees physically present within the workplace at the time of the shift. - In all other cases, the hours will be offered, in order of seniority, to casuals. viii) If a shift cannot be filled it shall be offered to employees based on seniority understanding that overtime may be incurred. C. Call-In for Fitness on 25 th i) A seniority list commencing with the most senior employee shall be established and maintained. ii) As shifts become available they shall be offered to the most senior employee if the shift does not place them in an overtime position. iii) If the most senior employee cannot be contacted, the next most senior employee on the list will be contacted. iv) If a complete shift cannot be filled the shift may be split into two portions and partial shifts shall be offered to the most senior employees if the additional hours do not place them in an overtime position. v) If a shift still cannot be filled it is offered to employees based on seniority, understanding that overtime may be incurred. D. Call-In List Eligibility and Availability Employees can apply to have their name on each department call-in list. Employees seeking call-in work shall make advance written application to each department indicating their qualifications and specific training. New employees shall be included on the call-in list based on their dates of hire, until such time as their seniority has been established. In the event that the date of hire is the same for two (2) or more employees, call-in placement shall be determined by earliest month of 15

22 birth. Where an employee is consistently unavailable the Employer shall meet with the employee and the Union to discuss the employee s availability and the potential of their availability in the future. An employee on a call-in list who has not worked for ninety (90) consecutive calendar days may be removed from the call-in list. The Employer shall provide written notification to the employee of such removal, with a copy to the Local Union Office. In the event that an employee has not been offered work within the ninety (90) day period, the employee shall not be removed from the list Shift and Weekend Premiums a) A shift premium of one dollar ($1.00) per hour shall be paid to employees working between the hours of 10:00 pm through 6:30 am. Shift premium is paid only on actual hours worked and shall not apply to overtime hours worked. b) A weekend premium of one dollar ($1.00) per hour shall be paid to employees working between the hours of 6:30 am through 10:00 pm on Saturdays and Sundays. Weekend premium is paid only on actual hours worked and shall not apply to overtime hours worked. c) Shift premium applies to all shifts that fall within the designated period. Other positions without a set rotating schedule may qualify for the premium if the request and approval to work these hours has come from the Supervisor. ARTICLE 10 - STATUTORY HOLIDAYS a) The following days shall be considered statutory holidays: New Year's Day Good Friday Victoria Day Saskatchewan Day Thanksgiving Day Christmas Day Family Day Easter Monday Canada Day Labour Day Remembrance Day Boxing Day The Employer further agrees that all other holidays so proclaimed as holidays by Federal, Provincial or Civic authorities shall be recognized as holidays. b) One additional floating day will be earned each year. This floating day is earned at 1/260 of each paid hour. This floating day may be taken at any time during the year Each employee who works on a statutory holiday shall be paid one and one half (1 ½) times the regular rate of pay. This shall be in addition to any statutory holiday pay to which the 16

23 employee(s) is entitled If a statutory holiday falls on a full-time employee's regular day off, the employee shall receive, if possible, equal time off, within thirty (30) days of the holiday. If time off cannot be granted within this period, payment equal to one day's pay at straight time shall be granted When a statutory holiday occurs during any employee's vacation an extra day's vacation shall be granted Statutory Holiday Compensation All statutory holiday pay will be calculated based on the prior four (4) weeks of earnings. If a full-time or part-time employee does not work the entire four (4) week period prior to the statutory holiday, remuneration will be based on five per cent (5%) of the employee s regular pay in the four (4) weeks immediately preceding the holiday. a) Full-time & Part-time Employees: Shall earn time off based on the average length of the employee s schedule or assigned shifts in the four (4) weeks immediately preceding the holiday. Part-time employees will earn their pro rata share of a day off based on an average shift worked. Full-time employees will earn the equivalent of a day off based on an average shift worked b) Casual Employees: Five per cent (5%) of an employees total pay in the four (4) weeks immediately preceding the holiday. ARTICLE 11 - VACATION Vacation Credits (SEE SCHEDULE - APPENDIX II) For the purpose of vacation credits, years of service refers to continuous calendar years the employee has been covered by this collective agreement. All employees shall earn vacation credits based on Appendix II On termination of employment unearned vacation time taken in advance will be charged to the employee Requests for annual vacation shall be submitted in writing one month in advance. 17

24 Annual vacation time shall be regulated on a mutually agreed basis. In case of disagreement, seniority shall govern Earned vacation, as described herein, will be taken by all employees annually. Each year, at December 31 st the following carry-over amounts will be allowed: Full-time Crisis Counsellors and Youth Counsellors may carry-over up to eighty (80) hours of time. Part-time Crisis Counselors may carry-over up to sixty (60) hours of time. All employees that work a thirty-seven point five (37.5) hour week may carry-over up to seventy-five (75) hours of time. All other employees may carry-over either the greater of forty (40) hours of time or the equivalent of two (2) weeks of their regularly scheduled time. This carry-over of time includes vacation time and any banked time (time in lieu of either overtime or other regular time worked). Any carry-over in excess of the amounts specified above must be approved by the Executive Director Vacation pay may be paid in advance if so requested. An employee who wishes to request pay in advance for her vacation period must do so, in writing, to her supervisor, twenty-one (21) days prior to the commencement of the approved vacation period. The advance vacation pay will be processed through the payroll system and will be net of withholdings. The payment will be processed in the latest possible pay run such that the employee will receive the deposit prior to starting her vacation Part-time employees shall be entitled to earn vacation credits on the basis of calendar years of service; however, all vacation pay will be calculated on a pro-rata basis and based upon their hours of work per annum. ARTICLE 12 - LEAVE OF ABSENCE General Leave of Absence An unpaid leave of absence, for good and sufficient reason, shall be granted to an employee insofar as the regular operation permits. Requests for leaves of thirty (30) days or less are to be submitted in writing a minimum of fourteen (14) days in advance of the time requested. Leaves of more than thirty (30) days are to be submitted in writing a minimum of four (4) weeks in advance of the time requested. While such leave shall not be unreasonably withheld, the Employer reserves the right to grant leaves of absence for a limited time period not to exceed one (1) year. At the end of one (1) year leave of absence if the employee has not returned to work, the employee would be considered terminated and the position would be posted. An employee granted leave under this Article shall not earn sick leave credits, vacation credits and Statutory Holiday pay for the entire period granted but shall earn seniority for leaves of 18

25 less than thirty (30) calendar days at one time. For leaves of more than thirty (30) days, the employee must provide four (4) weeks written notice regarding their anticipated return to work date or specify the return date on their request for general leave of absence Union Leave Members of the Union appointed as delegates to attend a convention, business meeting, school or seminar in connection with Union affairs, shall on reasonable notice, be granted leave of absence without pay, insofar as the regular operation of the Employer permits. An employee granted leave under this Article shall earn seniority, vacation credits, sick leave credits and Statutory Holiday pay Leave of Absence for Union Functions An employee who is involved in negotiations with the Employer, either for the purposes of negotiating a Collective Agreement or for the purposes of resolving a grievance or for the purposes of attending an arbitration procedure, shall not suffer any loss of pay or benefits for the time absent from assigned work duties Leave of Absence for Union Position An employee who is elected or selected for a full-time Executive position with the Union or any labour body, with which the Union is affiliated, shall be granted an unpaid leave of absence for the term of office. An employee who accepts employment with the Union or any body with which the Union is affiliated shall be granted a leave of absence of up to twelve (12) months Compassionate Leave a) Employees are eligible for compassionate leave following three (3) months of employment. In the case of death or serious illness in the immediate family, the Employer shall grant three (3) days off with pay. If the employee is required to travel between two hundred and fifty (250) and four hundred (400) kilometres one way an additional one (1) working day off with pay, for a total of four (4) working days will be granted. If the employee is required to travel more than four hundred (400) kilometres one way, an additional two (2) working days off with pay, for a total of five (5) working days will be granted. b) Members of the immediate family shall include: mother, father, sister, brother, spouse (including common law), son, daughter, sister-in-law, brother-in-law, daughter-in-law, sonin-law, mother-in-law, father-in-law, fiancé/fiancée, grandparent, grandchild, or some other person with whom the employee has had a similar relationship. Extended unpaid compassionate leave will be considered upon application to the Supervisor. Casual employees are eligible for compassionate leave for scheduled shifts only. The shifts must be consecutive shifts. 19

26 c) EI Compassionate Family Leave: In the case of serious illness in the immediate family, the Compassionate Family Leave under the EI benefit will be granted under the terms of Bill C- 28 which came into force January 4, 2004, all employees will have access to this leave under the EI eligibility criteria in accordance with current federal and provincial legislation Jury or Witness Duty Any employee who is required to perform jury or witness duty on a day on which they would have worked will be released to serve. The employee will be reimbursed by the employer for the difference between the pay received for the said jury duty or witness and the employee's regular salary for a maximum period of one week. The employee will be required to furnish proof of jury duty or witness service and pay received Medical Appointment Leave An employee, who attempts and is unable to make the necessary arrangements for maintenance of personal health care outside of scheduled work time shall be granted time off with pay. Such time off shall not exceed twelve (12) working hours per year. On request, employees will be required to show proof of such care. Employees shall be allowed to accompany their spouse, children, parents, grandchildren or grandparents. Medical Appointment Leave applies to an employee who has completed their probationary period. It shall not apply to casual employees, except where a casual employee is working in a temporary part-time or full-time position Maternity Leave An unpaid leave of absence shall be granted to an employee for maternity. An employee must make written application for the leave of absence no later than four (4) weeks in advance, except in extenuating circumstances. a) The length of the leave of absence shall be for a period not to exceed eighteen (18) months. If an employee s original request for maternity leave was less than eighteen (18) months, she shall be entitled to one (1) extension of said leave such that the entire leave of absence shall not exceed eighteen (18) months. In extenuating circumstances, where in the opinion of a medical practitioner such action is advisable; the leave shall be further extended. b) Such leave will be granted with assurance that the employee will resume employment in the same position. In the event the employee on maternity leave is affected by layoff, she shall be afforded access to the provisions of Article 7 (Lay-Off and Recall). 20

27 c) Notice of intention to return to work or request for change of length of leave of absence must be forwarded to the Employer four (4) weeks prior to the expiration of the leave. An employee may submit only one (1) request for a change of length of leave of absence. The Employer is not required to allow an employee to resume her employment until after the expiration of the four (4) weeks notice. d) An employee unable to perform her regular duties but able to perform other work shall, where possible, without affecting the seniority rights of other employees, be permitted to do so at the appropriate rate of pay for the position she is filling. e) Access to Sick Leave Adoption Leave Sick leave shall not be granted for the actual period of maternity leave, as defined in Article However, an employee who is pregnant during her period of service with the Employer shall have access to sick leave credits for any health-related absence relative to the pregnancy (either during or after) while she continues employment with the Employer. Upon request, an employee shall be granted up to eighteen (18) months leave of absence without pay for legal adoption purposes. In the event an employee on adoption leave is affected by lay-off, the employee shall be afforded access to the provisions of Article 7 (Lay- Off and Re-Call) Parental Leave Upon request, an employee whose spouse or partner is expecting a child should be granted up to thirty-seven (37) weeks unpaid leave which can be taken during the three (3) months before or during the twelve (12) months after the birth of the child. In the event an employee on parental leave is affected by lay-off, the employee shall be afforded access to the provisions of Article 7 (Lay-Off and Re-Call) Education Leave Insofar as regular operations will permit, an educational leave of absence without pay shall be granted for up to twelve (12) consecutive months at the request of the employee, providing that the employee: a) Has been an employee of YWCA Saskatoon for a minimum of twelve (12) months. b) The training undertaken is directly related to the employee s position or it will prepare her for possible advancement within the organization. 21