Date: Monday, March 9, 2015 | Category: Collective Agreement | Author: UniforAdmin
Table of Contents
General
4.1
All Articles of this Collective Agreement, being Articles 1 to 48 inclusive, shall apply to part-time employees, except as hereinafter provided.
4.2
The following Articles shall not apply to part-time employees:
Article 17 – Seniority
Article 20 – Layoff and Recall (save and except Article 20.6 which will apply)
Article 25 – Technological Change
Article 26.3 & 26.4 – Hours of Work
Article 27 – Any provisions of Article 27 which provide a premium when the Company fails to give advanced notice of overtime or shift change
Article 28 – Overtime
Article 29 – Work on Days Off
Article 32 – With the exception of 32.1.1
Article 35 – Holidays (with the exception of 35.1 & 35.8.1 (which will apply)
Article 36 – Compensatory Leave
Article 45 – Wages
Article 47 – Clothing Allowance
Article 48 – Transfer of Work
4.3
A part-time employee is defined as a person who is hired on a regular and recurring basis. Part-time employees shall work less than forty (40) hours per week and not more than an average of thirty two (32) during any twelve (12) week period.
4.4
Part-time employees shall be probationary employees for a period of five hundred (500) hours worked or six months from the commencement of their employment with the Company. There shall be opportunity for one equal period of extension of a part-time employee’s probationary period.
4.4.1
All applicable terms and conditions of this Agreement shall apply to the probationary employee covered by Article 4.4, except that the Company may terminate or dismiss the employee at any time during the initial probation period or any extension thereof and an arbitrator shall have no jurisdiction over such termination or dismissal.
4.5
For the purposes of Article 4.6 a temporary employee is defined as one hired for a particular show for a temporary period of time, all child care leaves, vacation leaves, positions vacant during a reasonable recruitment period or the absence of any other employee who is temporarily absent from work; or who is engaged for employment during peak work load periods.
4.6
Where a part-time employee is engaged for a temporary period for a specific purpose and for a limited time, the following shall apply:
- Any period of temporary employment shall not exceed twelve (12) months. Notwithstanding the foregoing, the Company may engage a temporary employee to a maximum of only three (3) consecutive months to cover a position where the Company is actively seeking a full-time permanent replacement.
- At time of hiring, the Company shall provide notice to the employee, with a copy to the Union, which shall state the intended duration of employment.
- During such period of temporary, part-time employment, the thirty-two (32) hour restriction set out in Article 4.3 shall not apply.
4.6.1
A casual employee is defined as a person who is employed on an irregular basis.
4.6.2
The Company agrees not to use casual or temporary employees if it directly results in the lay-off of a full-time or part-time employee or directly results in the extension of the lay-off of any qualified and available employee. Further to this, the Company also agrees that it will not use casual or temporary employees to avoid its permanent staffing requirements. In addition, management shall make all efforts to offer available shifts to part-time employees prior to engaging casual employees.
4.6.3
Any employee who exceeds the hours of work limited as set out in 4.3 above, shall become a full-time, permanent employee and shall be covered by all provisions of this Agreement, effective the first day of the month following the reporting period in which such excess hours occurred.
4.6.4
Where a full-time or part-time employee is on lay-off and there is casual work available within that employee’s classification, the Company will make a reasonable effort to recall that employee to perform casual work within the employee’s classification. Articles 20.8 to 20.11 (Re-engagement) will apply to such work.
4.7
Casual employees shall not be subject to the terms and conditions of the Collective Agreement but they shall pay Union dues in accordance with Article 7 of this Agreement. Casual employees will be paid applicable overtime premiums according to Articles 28.1 – 28.4.1.
Overtime
4.8
The parties recognize there are business and other operating requirements which necessitate overtime work being performed. The Company, however, will not require employees to work an excessive amount of overtime.
4.9
Where an employee is required to work overtime, they may ask to be relieved from the overtime requirement. Where the Company determines it can reasonably grant such a request, it will do so.
4.10
Where an employee is required to work overtime, they shall be compensated for such time as follows:
- Secretarial, Clerical, Traffic and Sales Assistants:
For all hours worked in excess of seven and one-half (7½) hours in a day and thirty seven and one-half hours in a week (37½), one and one-half (1½) times their basic hourly rate
- For All Other Employees:
For all hours worked in excess of eighty (80) in any chronologic 2 week period and in which overtime premiums have not already been paid for this purpose, one and one-half (1½) times their basic hourly rate, and/or overtime rates shall apply for all hours worked in excess of eight (8) hours in one day. No part-time employee will be required to work more than eight (8) consecutive days without their consent. Failure of the employee to give consent will not be used to penalize the employee in any way.
Should the time worked exceed twelve (12) hours in any single tour of duty, all hours worked in excess of twelve (12) hours will be paid at two (2) times the basic rate.
4.11
All overtime, in order to qualify for overtime compensation, must be authorized or approved in advance by a designated supervisor or department manager.
4.12
A tour of duty shall mean the authorized and/or approved times worked during a day, with a minimum credit based on three (3) hours at the employee’s hourly rate of basic pay. If a tour of duty extends beyond midnight of the day on which it commenced, it shall be considered as falling wholly within the calendar day in which it starts.
Wage Schedule and Wage Provisions
4.13
Part-time employees shall be paid at an hourly rate based on the Salary Groups and Schedules set out in Article 45 of this Agreement, as a minimum pay requirement and further subject to the following:
- At the time of hiring new part-time employees, the Company shall determine the salary step at which such employees shall commence employment.
- Part-time employees shall advance at least one salary step upon accumulation of
- 1,950 hours of work in the case of employees as set out in Article 26.2 (1) or:
- 2,080 hours of work in the case of employees as set out in Article 26.2 (2).
4.14
Progression up the wage schedule, based on hours worked shall occur where the employee’s performance justifies the progression.
4.15
Employees shall complete their time sheets at such times as prescribed from time to time by the Company.
4.16
A breakdown of overtime hours shall be shown on pay stubs.
4.17
Each year the Company will indicate, on the T4 issued to employees, the total amount of Union dues which were deducted in respect of the taxation year. All T4 slips will be issued no later than the last calendar day of February.
Vacations and Vacation Pay
4.18
Paid vacation shall be prorated based on Full time equivalency and shall be reconciled at the end of the year based on actual hours worked.
4.19
Requests for vacation must be submitted to the Company in writing a minimum of two (2) months prior to the date requested. Submissions must be made to the employees’ immediate supervisor or designate and will be approved in accordance with operational requirements, and shall not be unreasonably denied.
Legal Holiday and Payment
4.20 (refer to Article 35.1)
4.21
An employee is not entitled to be paid for a holiday on which they do not work unless they have worked for at least fifteen (15) tours of duty during the thirty (30) calendar days immediately preceding the holiday.
4.22
Part-time employees shall be entitled to pay for a general holiday on which they do not work, the greater of, not to exceed one-fifth of the basic weekly rate of pay.
1. 10% of their earnings, excluding overtime and differential payments, for the pay period immediately preceding the holiday:
Or
2. 5% of their earnings, excluding overtime and differential payments, for the two (2) pay periods immediately preceding the holiday.
Part Time employees will be eligible for 2 Personal Floater Days. A Part-time employee shall be entitled to the greater of, not to exceed one-fifth of the basic weekly rate of pay.
1. 10% of their earnings, excluding overtime and differential payments, for the pay period immediately preceding the holiday:
Or
2. 5% of their earnings, excluding overtime and differential payments, for the two (2) pay periods immediately preceding the holiday.
4.23
Where an employee is required to work on a holiday, they shall be paid the holiday pay to which they are entitled plus one and one-half (1½) times for the first eight hours worked and two (2) times for any hours worked in excess of eight hours worked.
4.23.1
A part-time 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.
Company Seniority
4.24
Union seniority for part-time employees shall be based on actual hours worked as a part-time employee from the date of last hire with the Company. Company service, shall be determined by the net credited service as shown on the Company records. (Company service shall be used for the purpose of calculating vacation entitlement).
4.25
Where a part-time employee has been assigned to full-time status, they shall be given Union seniority for part-time hours worked.
4.26
Part-time employees shall have seniority only with the part-time group of employees.
4.27
Where a part-time employee has not worked for the Company during any consecutive ninety (90) calendar day period, they shall be deemed to be no longer employed by the Company.
4.28
A part-time employee who has subsequently been hired as a full-time employee shall serve the full-time probationary period defined in Article 3.5.
4.29
Cable Deletion personnel shall have seniority status under this Article only in respect of Cable Deletion. Nothing in this Agreement shall be construed to mean such personnel have any entitlement in respect of full-time or part-time positions at CFCN Television, Broadcast House. Where a part-time Cable Deletion employee is assigned to full-time status as a Cable Deletion employee, they shall be given seniority and service credit for part-time hours worked. Cable Deletion personnel in the employ of the Company at the date of signing this Agreement hired into a full-time position, other than Cable Deletion shall be given fifty (50%) percent seniority and service credit for part-time hours worked in Cable Deletion.
Full Time Opportunities
4.30
Where a vacancy occurs in a full-time position, the Company shall give preference in hiring, over outside candidates, to a part-time employee, provided the employee in question possesses, greater ability, skill, potential and competence to perform the duties of the full-time position. These criteria will also be used to evaluate two or more internal candidates for a vacancy competition.
Health and Welfare Plans
4.31 Intentionally left blank (see Article 44)
4.32
Prior to January, 1 2013, Part-time employees were entitled to thirty two (32) hours of paid sick leave per calendar year. Should there be any changes to the existing plan, those Part-time sick leave provisions prior to January 1, 2013 will be held as a minimum.
