Article 35 – Holidays

Date: Friday, March 18, 2016 | Category: Collective Agreement | Author: UniforAdmin

The following nine (9) general and two (2) floating holidays shall be paid holidays:

plus any day duly proclaimed by the Federal Government as a statutory holiday.

35.1.1
The Floating Holidays set out in Article 35.1, shall be taken at a time that is mutually agreed between the employee and the Company.  Both the Company and the Employee agree that floating days must be taken during the vacation (calendar) year.  Employees with less than one year of company service will earn float days as follows: Employees working 9 to 12 months in a vacation (calendar) year will receive 2 Floating Holidays, Employees working 3 to 9 months in a vacation (calendar) year will receive 1 Floating Holiday, Employees working less than 3 months in a vacation (calendar) year will not receive a Floating Holiday.   

35.2
Except as otherwise provided herein, the following shall apply with respect to granting of and payment for General Holidays:

1. Every employee is entitled to and shall be granted a holiday with pay on each of the General Holidays falling within any period of their employment.

2. When a General Holiday falls on a day that is a non-working day for an employee, the employee is entitled to and shall be granted a holiday with pay at some other time, which may be by way of addition to their annual vacation or granted as a holiday with pay at a time convenient to them and the Company, but in any event, it shall be taken within the vacation year in which it was granted.

3. When a New Year’s Day, Canada Day, Christmas Day or Boxing Day falls on a Saturday or Sunday that is a non-working day, the employee is entitled to and shall be granted a holiday with pay on the working day immediately preceding or following the General Holiday.

35.3
An employee who is required to work on a day on which they are entitled to a General holiday with pay, in addition to their regular rate of pay for that day shall be paid one and one-half (1 ½) times the basic rate of pay for the first eight (8) hours worked and two (2) times the basic rate for all hours in excess of eight (8) hours worked.

35.3.1
However, an employee required to work on Christmas Day shall be paid at triple time (3X) for such hours worked on that day, with a minimum credit of four (4) hours, in addition to their regular rate of pay for that day.

35.4
Notwithstanding the provisions of Article 35.3 above, an employee may elect to take compensatory leave at a later date in accordance with provisions of Article 36 of this Agreement, in lieu of overtime payments for hours worked on a General Holiday.

35.5
Holiday with pay means an employee’s normal or regular rate of pay shall continue to be paid for that General Holiday upon which the employee does not work.

35.6
An employee shall not be paid for a General Holiday on which they do not work, when:

1. They are not entitled to wages for at least fifteen (15) tours of duty during the thirty (30) calendar days immediately preceding the General Holiday; 

2. They do not report for work after having been called for work on that day. 

35.7
Employees who are required to work a shift or tour of duty, any portion of which falls between 19:00 hours and 24:00 hours on Christmas Eve shall be paid at the rate of one-and-one-half (1 1/2) times the basic rate, in addition to their regular wages for that day, for all hours worked during such period. 

35.8
Prior to November 15^th of each year, the Company will ascertain the preferences of those employees who may be required to work on Christmas Day and/or Boxing Day and/or New Year’s Day. The Company will make every reasonable effort to schedule work on those holidays so that an employee is not required to work on all three days. These schedules shall be posted no later than November 30^th.

35.8.1
In order to accommodate employee preferences referred to in Article 35.8 above, no payment for encroachment on turn-around shall be made in respect of work on the said days. 

35.8.2
Scheduling under the provisions of Article 35.8 shall not be the subject of a grievance.