1. business and industrial
2. business operations
3. human resources
4. compensation and benefits

COLLECTIVE AGREEMENT
BETWEEN
THE UNITED NURSES OF ALBERTA
AND
CEP LOCAL #445
BARGAINING UNIT – UNITED NURSES OF ALBERTA
FOR THE PERIOD
DATE OF RATIFICATION TO DECEMBER 31, 2013
NUMERICAL INDEX
Article 1:
Article 2:
Article 3:
Article 4:
Article 5:
Article 6:
Article 7:
Article 8:
Article 9:
Article 10:
Article 11:
Article 12:
Article 13:
Article 14:
Article 15:
Article 16:
Article 17:
Article 18:
Article 19:
Article 20:
Article 21:
Article 22:
Article 23:
Article 24:
Article 25:
Article 26:
Article 27:
Article 28:
Article 29:
Article 30:
Article 31:
Article 32:
Article 33:
Article 34:
Article 35:
Purpose...................................................................................................1
Term Of Agreement...............................................................................1
Definitions And Interpretations .............................................................2
Bargaining Agency And Recognition....................................................3
Management Rights ...............................................................................3
Union Security .......................................................................................3
No Discrimination..................................................................................5
Hours Of Work ......................................................................................5
Overtime ................................................................................................7
Labour/Management Meetings ..............................................................8
Probationary Period ...............................................................................8
Seniority.................................................................................................9
Promotions And Transfers ...................................................................10
Layoff & Recall ...................................................................................11
Vacations..............................................................................................12
Named Holidays...................................................................................13
Sick Leave............................................................................................14
Workers' Compensation.......................................................................16
Benefits ................................................................................................17
Leaves Of Absence ..............................................................................18
Termination, Discipline And Dismissal...............................................23
Grievance Procedure............................................................................24
Occupational Health And Safety .........................................................26
Parking .................................................................................................26
Temporary Employees .........................................................................27
Part-Time Employees...........................................................................28
No Strike Or Lockout...........................................................................29
Expense Claims....................................................................................29
Salaries.................................................................................................30
Temporary Assignment........................................................................30
Job Descriptions...................................................................................31
Evaluations...........................................................................................31
Severance .............................................................................................31
Continuing Education ..........................................................................32
Decreasing or Increasing Regular Hours .............................................33
Letter of Understanding: Re: Employees on Long-Term Disability ...38
Letter of Understanding: Re: Formation of Pension Committee .........39
ALPHABETICAL INDEX
Bargaining Agency And Recognition (Article 4) ................................................................3
Benefits (Article 19) ..........................................................................................................17
Continuing Education (Article 34).....................................................................................32
Decreasing or Increasing Regular Hours (Article 35) .......................................................33
Definitions And Interpretations (Article 3)..........................................................................2
Expense Claims (Article 28)..............................................................................................29
Evaluations (Article 32).....................................................................................................31
Grievance Procedure (Article 22) ......................................................................................24
Hours Of Work (Article 8)...................................................................................................5
Job Descriptions (Article 31) .............................................................................................31
Labour/Management Meetings (Article 10) ........................................................................8
Layoff & Recall (Article 14) .............................................................................................11
Leaves Of Absence (Article 20) ........................................................................................18
Letter of Understanding: Re: Employees on Long-Term Disability .................................38
Letter of Understanding Re: Formation of Pension Committee ........................................39
Management Rights (Article 5) ...........................................................................................3
Named Holidays (Article 16).............................................................................................13
No Discrimination (Article 7)..............................................................................................5
No Strike Or Lockout (Article 27).....................................................................................29
Occupational Health And Safety (Article 23)....................................................................26
Overtime (Article 9).............................................................................................................7
Parking (Article 24) ...........................................................................................................26
Part-Time Employees (Article 26).....................................................................................28
Probationary Period (Article 11)..........................................................................................8
Promotions And Transfers (Article 13) .............................................................................10
Purpose (Article 1)...............................................................................................................1
Salaries (Article 29) ...........................................................................................................30
Seniority (Article 12) ...........................................................................................................9
Severance (Article 33) .......................................................................................................31
Sick Leave (Article 17)......................................................................................................14
Temporary Assignment (Article 30)..................................................................................30
Temporary Employees (Article 25) ...................................................................................27
Term Of Agreement (Article 2) ...........................................................................................1
Termination, Discipline And Dismissal (Article 21).........................................................23
Union Security (Article 6) ...................................................................................................3
Vacations (Article 15)........................................................................................................12
Workers' Compensation (Article 18) .................................................................................16
COLLECTIVE AGREEMENT made this _________ day of _________ A.D., 2012
BETWEEN
THE UNITED NURSES OF ALBERTA
(hereinafter referred to as the “Employer”)
OF THE FIRST PART
AND
CEP LOCAL #445
BARGAINING UNIT – UNITED NURSES OF ALBERTA
(hereinafter referred to as the “Union”)
OF THE SECOND PART
ARTICLE 1:
1.01
PURPOSE
The purpose of this Agreement is to maintain a harmonious relationship between
the Employer and the Employees; to define clearly the hours of work, rates of pay
and conditions of employment; to provide for an amicable method of settling
differences which may from time to time arise; to promote the mutual interest of
the Employer and the Employees; to promote and maintain such conditions of
employment; and, in recognition whereof, the Employer and the Union agree as
follows:
ARTICLE 2:
TERM OF AGREEMENT
2.01
Unless altered by mutual consent, this Agreement shall remain in force and effect
from date of ratification to December 31, 2013, except where otherwise stated.
2.02
Either party wishing to amend or terminate this Agreement shall give notice in
writing of such desire to the other party not more than one hundred and twenty
(120) nor less than sixty (60) days prior to the expiration date.
2.03
This Agreement shall remain in full force and effect until a new Collective
Agreement has been executed or the right to strike or lock-out has been exercised,
whichever first occurs.
2.04
Management shall provide each Employee with a copy of the Collective
Agreement.
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ARTICLE 3:
DEFINITIONS AND INTERPRETATIONS
3.01
“Employer” shall mean such persons as may be designated by the United Nurses
of Alberta to carry out duties in the operation and management of the United
Nurses of Alberta.
3.02
“Employee” shall mean a person employed by the Employer within the
jurisdiction of the CEP Local #445 (Bargaining Unit – United Nurses of Alberta)
and within the classifications of workers listed in Schedule I of this Agreement or
within such new classifications as may from time to time be agreed to and
established by the parties.
(a)
“Full-time Employee(s)” is one who is hired to work the full specified
hours in Article 8.
(b)
“Part-time Employee(s)” is one who is hired to work less than the full
specified hours in Article 8.
3.03
“Union” shall mean the CEP Local #445 (Bargaining Unit – United Nurses of
Alberta).
3.04
“Union Representative” shall mean any person designated by the Union to
represent it in discussions with the Employer on any matter pertaining to the
application, operation, or alleged violation of this Agreement.
3.05
“Temporary Employee” shall mean an Employee hired for a specific period of
time not exceeding one (1) year. This time period may be extended with mutual
agreement between the Union and the Employer.
3.06
“Executive Officers” shall mean those members of United Nurses of Alberta so
designated by the Employer.
3.07
“Basic Rate of Pay” shall mean an Employee’s regular pay as specified in
Schedule I, exclusive of premiums, benefits or allowances.
3.08
“Lay-off” shall mean any reduction in regular hours of work.
3.09
The feminine gender shall mean and include the masculine and the singular shall
include the plural and vice versa as applicable.
3.10
For the purpose of computing vacation and sick leave, a day worked on the
compressed work week (5-5-4 work cycle) shall be considered as seven point five
(7.5) hours or one point zero seven (1.07) days.
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ARTICLE 4:
4.01
BARGAINING AGENCY AND RECOGNITION
The Employer recognizes the Union as the sole bargaining authority for all
Employees within the classification of administrative workers listed in Schedule I
of this Agreement or within such new classifications as may from time to time be
agreed to and established by the parties.
Employees shall not be asked to make any written statement or verbal contract
which may conflict with this agreement.
4.02
Where the Employer creates a new classification within the scope of the
Collective Agreement or where a position is placed within the scope of the
Bargaining Unit by a decision of the Labour Relations Board, the rate of pay
applicable shall be subject to negotiations between the parties. Where a mutual
agreement is not obtained concerning the rate of pay, the matter shall be referred
to an Arbitrator, selected according to the procedures outlined in Article 22. An
Arbitrator, in such case, shall have the power to establish a rate of pay for the
classification in question.
4.03
The Employer shall recognize the representative(s) as selected by the Union as the
sole and exclusive representative(s) of all Employees within the Bargaining Unit
for the purposes of collective bargaining, grievance handling and general Union
business.
4.04
The privilege of using the Union label shall be extended to the Employer as long
as this agreement remains in full force and effect and the Employer is fulfilling all
of its terms and conditions. The Union label shall be the official Union label of
the CEP Local #445 (Bargaining Unit – United Nurses of Alberta) and shall
remain the sole property of this Union.
ARTICLE 5:
5.01
The parties agree that it shall be the exclusive right of the Employer to operate
and manage the business of the Employer in all respects unless otherwise
provided by this Collective Agreement. The Employer shall exercise its rights in a
manner that is fair, reasonable, non-arbitrary and consistent with the terms of the
Collective Agreement.
ARTICLE 6:
6.01
MANAGEMENT RIGHTS
UNION SECURITY
All eligible Employees shall maintain Union membership as a condition of
employment and the Employer shall inform new Employees of this condition.
New Employees who are retained beyond thirty (30) calendar days’ employment
shall become members of the Union within an additional fifteen (15) calendar
days and shall remain in good standing so long as they are employed by the
Employer.
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6.02
Temporary Employees engaged for a period not exceeding thirty (30) calendar
days shall not be required to join the Union, but must pay an Applicant's Service
Fee equivalent to one (1) month's union dues if working more than seventy (70)
hours.
6.03
The Employer shall deduct union dues, applicants' service fees, initiation fees
and/or assessments as applicable from the earnings of each Employee each pay
cheque and transmit monies so collected to the Union at an address provided by
the union by the fifteenth (15th) day of the following month, together with a list
of Employees from whom such deductions were made.
6.04
The Union shall advise the Employer in writing thirty (30) calendar days in
advance of any change in the rate of dues or fees.
6.05
The representative(s) of the Union shall have the right of access to the Employer's
premises for the purposes of business connected with the Union, provided that
such privilege shall not withdraw staff from paid work. The Union shall obtain
prior authorization from the Employer as to the appropriate time for such contact,
and such authorization shall be granted as expeditiously as possible.
6.06
The Union shall notify the Employer in writing of the names and areas of
jurisdiction of the person(s) authorized to represent the Union and/or employees
for the purposes of this Article and shall promptly notify the Employer in writing
of any changes in these names.
6.07
The Employer shall not discharge, discipline or otherwise discriminate against
any member of the Union for participation in or for legitimate actions on behalf of
the Union or for the exercise of rights provided by this agreement.
6.08
The Employer shall allow the Union to post notices on the bulletin board in a
reasonably accessible location in each office in which the Employees are
employed.
The Employer reserves the right to remove any material that is damaging to the
Employer.
6.09
The Employer agrees to deduct the amount of twenty dollars ($20.00) per year
from the wages of each Employee in the bargaining unit on a once yearly basis,
prior to December 30 of each year and within thirty (30) days pay the amount so
deducted to the “Humanity Fund” and to forward such payment to The CEP
Humanity Fund, 701 Evans Avenue, Suite 200, Etobicoke, ON, M9C 1A3 and to
advise in writing both the Humanity Fund at the aforementioned address and the
local union that such payment has been made, the amount of such payment and
the names of all Employees in the bargaining unit on whose behalf such payment
has been made.
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It is understood and agreed that participation by any Employee in the bargaining
unit in the program of deductions set forth above may be discontinued by any
Employee in the bargaining unit after the receipt by the Employer and the local
union of the Employee’s written statement of her desire to discontinue such
deductions from her pay which may be received during the four weeks following
ratification of this agreement or at any time thereafter.
ARTICLE 7:
7.01
NO DISCRIMINATION
There shall be no discrimination against any Employee by virtue of her
performing her duty as a member of the Union, or by virtue of sex, religion, race,
age, marital status, sexual preference, political affiliation, colour, physical
disability, mental disability or place of residence, or by virtue of the spouse or any
other person associated with the Employee, or by virtue of the Employee
exercising any right conferred under this Agreement or Federal or Provincial law,
statute or regulation.
ARTICLE 8:
HOURS OF WORK
The following provisions shall apply to Employees in pay grade A and B.
8.01
Regular hours of work for all full-time Employees are seven (7) hours per day,
five (5) days per week, exclusive of meal periods, except as provided in Section
8.04.
8.02
Regular hours of work shall be between the hours of 0830 and 1630, Monday to
Friday, as scheduled by the Employer. Notwithstanding this, where the Employer
provides at least seven calendar days advance notice, or by mutual agreement
between the Employee and the Employer, regular hours of work shall be between
the hours of 0800 and 2100, Monday to Friday, as scheduled by the Employer.
8.03
Regular hours of work shall be deemed to include two (2) rest periods of fifteen
(15) minutes each during each working day, and to exclude a meal period of not
more than sixty (60) minutes and not less than thirty (30) minutes during each
working day. The time of rest periods and meal periods shall be scheduled by the
Employee subject to approval of the Employer, provided that no Employee be
required to work more than three (3) hours without a break.
8.04
Full-time Employees may have the option of working a compressed work week
(5-5-4 work cycle), as follows:
(a)
Employees may have the option of working a 5-5-4 work cycle only if the
operational requirements of their position allow.
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(b)
The Employer shall endeavor to give an Employee at least three (3) weeks
notice of any change in their work cycle or hours of work, and shall give
at least one (1) weeks notice of any such change.
(c)
Regular hours of work for full-time Employees during a 5-5-4 work cycle
shall be:
(i)
seven point five (7.5) consecutive hours per day,
(ii)
thirty-five (35) hours per week, averaged over a three (3) week
period. (Fourteen [14] work days in every consecutive three [3]
week period.)
(iii)
between the hours of 0730 and 1730 and between Monday and
Friday inclusive.
(iv)
The three (3) week period referred to in (ii) above will be deemed
to have commenced on the first day that an Employee completes a
seven and one-half (7 1/2) hour day. The first (1st) day will
normally be a Monday or a Tuesday, unless otherwise mutually
agreed between the Employee and the Employer.
(v)
The fifteenth (15th) day in a three (3) week period shall be an
“Earned Day Off”. With mutual agreement, the “Earned day off”
may be rescheduled to another day.
(vi)
When an “Earned Day Off” falls on a Named Holiday:
1.
an alternate day off shall be scheduled at a mutually agreed
time; or
2.
by mutual agreement, a day added to her annual vacation;
or
3.
by mutual agreement, the Employee may receive payment
for such day at her basic rate of pay.
The following provisions shall apply to Employees in pay grade C.
8.05
Regular hours of work for Employees in pay grade C shall be thirty-five (35)
hours per week, Monday to Friday, exclusive of a one (1) hour meal period each
working day. Where an Employee works more than seven (7) hours in a day she
shall be entitled to two (2) one (1) hour unpaid meal periods.
8.06
Regular hours of work shall include two (2) fifteen (15) minute breaks each
working day or one (1) fifteen (15) minute break in each four (4) hour period or
part thereof.
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8.07
If an Employee is recalled to duty during her meal period or breaks, or does not
receive her meal period, she shall be given either the time not taken later in the
work day at a mutually agreed upon time or payment at the appropriate overtime
rate.
8.08
Due to the business of the Employer, regular hours of work may occur at variable
times but shall be confined within the hours of 0800 h. and 2100 h.
8.09
An Employee shall schedule her regular hours of work for a week subject to the
requirements of this Article and subject to the approval of the Employer. Such
approval shall not be unreasonably denied.
8.10
Time off for sick leave, vacation, paid holidays, leaves of absence and in lieu of
overtime, shall be calculated in hours. Where approved, time off in lieu of
overtime may be taken on any day, regardless of the number of working hours
scheduled.
8.11
Changes to the approved schedule may be made by agreement between the
Employer and the Employee concerned.
8.12
(a)
An Employee’s “base city” is the city in which her base office is located.
(b)
Travel time between an Employee’s residence and work location outside
her base city is working time.
(c)
Travel time between an Employee’s residence and a work location other
than her base office, within her base city, is work time to the extent equal
to travel time between the base office and the work location.
(d)
Travel time pursuant to Article 8.12 (c) shall not be construed as time in
which the Employee is required to be away from the office over her meal
period under the terms of Article 28.01.
ARTICLE 9:
OVERTIME
9.01
For full-time Employees, overtime shall mean all hours worked in excess of
regular hours of work.
9.02
All overtime shall be authorized in advance by the Employer.
9.03
(a)
At the Employee's option, compensation for overtime shall be in pay or in
time off, and shall be calculated at the rate of one and one-half times (1
1/2X) the basic hourly rate for the first four (4) hours in any week and two
times (2X) the basic hourly rate for all subsequent overtime hours in that
week. Time off in accordance with this section shall be taken at a mutually
agreeable time. Time off in lieu of overtime and overtime shall be
compensated at the employee's current rate of pay.
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(b)
At the request of the Employee and with the provision of the appropriate
revenue Canada forms, the Employer shall transfer overtime accrued to
the Employee's RRSP without deducting taxes.
9.04
Employees who are called to work during regularly scheduled days off or
vacations shall receive a minimum of four (4) hours pay at overtime rates
provided the Employee reports for such work.
9.05
The Employer shall be responsible for the cost of the Employee's transportation
home in the event of overtime scheduled after working hours after the hours of
2100.
9.06
Overtime shall be voluntary.
9.07
All overtime shall be paid out or taken in time off within six (6) months of the
time the overtime is worked.
ARTICLE 10:
LABOUR/MANAGEMENT MEETINGS
10.01
Within fourteen (14) days of a written request from either party, a
Labour/Management meeting shall be held between up to three (3) representatives
of the Employer and three (3) representatives of the Union to discuss issues of
mutual concern. These meetings shall be held at a mutually agreed time.
10.02
Minutes of each meeting will be kept and shall be approved by both parties prior
to circulation. Unresolved items from previous meetings will be highlighted and
reviewed. An agenda for each meeting will be circulated prior to each meeting.
Where an item remains unresolved for forty-five (45) days, the Union shall have
the right to make a written and oral presentation of its concerns to the UNA
Executive Board at the next regularly scheduled Executive Board meeting. The
Executive Board will respond in writing to the concerns within thirty (30) days of
the presentation. The response will be directed to the Labour-Management
Meeting.
10.03
An Employee shall suffer no loss of regular earnings for attendance at
Labour/Management meetings.
ARTICLE 11:
11.01
PROBATIONARY PERIOD
A new Employee shall serve a probationary period of four hundred and fifty six
(456) hours worked at the basic rate of pay. If, in the opinion of the Employer, a
new Employee is unsuitable, she may be terminated at any time during her
probationary period without notice.
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11.02
The Employer shall provide an evaluation of each probationary Employee at least
once during her probationary period and again at the completion of her
probationary period. During these evaluations the Employer shall notify the
Employee, in writing, of any deficiencies, and where possible, provide the
Employee an opportunity to correct them.
11.03
The Employer shall provide at least fourteen (14) hours of paid orientation. One
hour shall be designated to Union orientation.
ARTICLE 12:
SENIORITY
12.01
Seniority shall mean continuous service in the employ of the Employer from the
date of hire.
12.02
Seniority shall be considered for:
12.03
(a)
vacation approval subject to Article 15;
(b)
lay off and recall subject to Article 14;
(c)
promotions and transfers subject to Article 13.
(d)
job assignments that make a significant change to an Employee’s regular
duties, subject to operational requirements.
Seniority shall accrue during:
(a)
periods of paid sick leave;
(b)
leaves of absence with pay;
(c)
vacations;
(d)
bereavement leave;
(e)
court appearance;
(f)
parental and adoption leave;
(g)
leaves of absence for Union business;
(h)
leaves of absence without pay up to one (1) month;
(i)
periods of time on WCB;
(j)
leaves of absence for educational purposes up to eighteen (18) months;
(k)
periods of time on LTD.
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12.04
Seniority shall be considered broken and all rights forfeited when:
(a)
an Employee resigns; or
(b)
an Employee does not return to work within two (2) weeks of recall
following a layoff.
12.05
An Employee does not accrue seniority while on layoff.
12.06
The Employer shall maintain a current seniority list, a copy of which shall be sent
to the Union upon signing of this Agreement and on the anniversary of that date
thereafter.
ARTICLE 13:
PROMOTIONS AND TRANSFERS
13.01
The Employer shall fill Bargaining Unit job vacancies from within the Bargaining
Unit before hiring new Employees, provided Employees are available with the
necessary qualifications who wish to fill the vacant position.
13.02
The Employer shall post all vacancies or new positions within the office of the
Employer. Whenever practicable, the vacancy shall be posted fifteen (15) days
prior to the vacancy occurring. The posting shall remain for a period of seven (7)
calendar days before the notice of vacancy or new position is posted or advertised
externally. The posting shall contain the following information:
(a)
job title and classification
(b)
required qualifications
(c)
duties of the position
(d)
salary payable
13.03
Where a position has been vacated and the Employer chooses not to fill the
position, the Employer shall inform the Union, and provide rationale within
fourteen (14) calendar days.
13.04
A successful candidate posting shall be made by the Employer to the CEP mailing
list immediately following the acceptance by the new Employee.
13.05
Where the Employer requires the Employee to transfer to a work location more
than forty (40) kilometers distant, the Employee shall have all reasonable and
substantiated relocation expenses paid by the Employer.
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ARTICLE 14:
LAYOFF & RECALL
14.01
If it becomes necessary to reduce the work force, the Employer will notify any
Employee who is to be laid off sixty (60) calendar days prior to the layoff.
14.02
(a)
Subject to the provisions of Article 14.02 (b) layoffs shall occur in reverse
order of seniority.
(b)
Notwithstanding the provisions of Article 14.02 (a), the Employer shall
have the right to retain employees who would otherwise be laid off when
layoff in accordance with Article 14.02 (a) would result in retaining
employees who do not have the ability to perform the work.
(a)
Any permanent Employee who is subject to layoff, may bump a less
senior Employee from an equivalent or lower level for which she possess
the minimum requirements and the ability to perform the job.
(b)
Permanent employees who are bumped under the provisions of Article
14.03 (a) may in turn exercise their seniority to bump other employees in
accordance with Article 14.
(a)
When increasing the work force, recalls shall be in order of seniority
provided the Employee can perform the work satisfactory.
(b)
An Employee exercising her right to bump another Employee pursuant to
Article 14.03 (a) shall, within 72 hours of receipt of written notice from
the Employer of elimination of her position or displacement, advise the
Employer, in writing, of her decision, including the name of the Employee
she wishes to bump.
14.03
14.04
14.05
Notice of recall shall be given by telephone and registered mail or courier to the
Employee's last known place of residence.
14.06
Subject to the provisions of Article 14.04, no new employees shall be hired while
others are on layoff.
14.07
(a)
(b)
14.08
The Employer shall make payment for its share of the full premium of the
benefit plans on behalf of the laid off Employee for three (3) months.
Employees laid off for more than three (3) months may, with the
assistance of or through the Employer, make prior arrangements for
payment of the full premiums of the benefits.
There shall be no reduction in staff without a corresponding reduction in
workload.
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14.09
No Employee shall be laid off as a result of the contracting out of bargaining unit
work or the use of volunteers.
14.10
Four (4) weeks’ pay for each year of service shall be paid by the Employer to an
Employee who is laid-off and who waives her right to recall in writing.
ARTICLE 15:
15.01
VACATIONS
Full-time Employees shall be entitled to vacations with pay as follows:
(a)
during the first three (3) years of continuous employment an Employee
shall earn vacation credits at the rate of five point five (5.5) hours per biweekly pay period.
(b)
during the fourth (4th) to the seventh (7th) years of continuous
employment an Employee shall earn vacation credits at the rate of seven
(7) hours per bi-weekly pay period.
(c)
during the eighth (8th) and subsequent years of continuous employment,
an Employee shall earn vacation credits at the rate of eight point two five
(8.25) hours per bi-weekly pay period.
(d)
Supplementary Vacation
The supplementary vacations as set out below are to be banked on the
outlined supplementary vacation employment anniversary date and taken
at the Employee’s option at any time subsequent to the current
supplementary vacation employment anniversary date but prior to the next
supplementary vacation employment anniversary date.
15.02
(i)
Upon reaching the employment anniversary of twenty (20) years of
continuous service, Employees shall have earned an additional five
(5) work days vacation with pay.
(ii)
Upon reaching the employment anniversary of twenty-five (25)
years of continuous service, Employees shall have earned an
additional five (5) work days vacation with pay.
(iii)
Upon reaching the employment anniversary of thirty (30) years of
continuous service, Employees shall have earned an additional five
(5) work days vacation with pay.
Vacations may be divided.
(a)
All vacations earned during one calendar year shall be taken prior to the
end of the following calendar year.
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(b)
Notwithstanding the above, upon request, an Employee may be permitted
to carry forward a portion of unused vacation to the next vacation year. A
request to carry forward vacation shall be made in writing and shall be
subject to the approval of the Employer.
15.03
The Employer shall post the vacation schedule planner by March 1 of each year.
The vacation planner year is from April 15th of that year until April 14th of the
following year. Where an Employee submits her vacation preference by March 15
of that year, the Employer shall indicate approval or disapproval of that vacation
request by April 1 of the same year. Where the number of Employees indicating a
preference for a specific period exceeds the number of Employees as determined
by the Employer that can be allocated vacation during that period, seniority shall
be the deciding factor. Employees shall not be unreasonably denied vacation at
the time of their preference, subject to operational requirements.
15.04
An Employee who is absent from work due to illness or injury shall accrue
vacation pay or entitlements in accordance with Article 15.01 for:
(a)
periods during which the Employee is in receipt of sick leave pursuant to
Article 17;
(b)
the first twenty four (24) months of any period during which the Employee
is in receipt of Long Term Disability benefits;
(c)
periods during which the Employee is in receipt of Workers’
Compensation benefits for the first twenty-four (24) months of such
absence.
ARTICLE 16:
NAMED HOLIDAYS
16.01
Full-time Employees shall be entitled to a day off with pay on or for the
following Named Holidays:
(a)
New Year's Day
Family Day
Good Friday
Easter Monday
Victoria Day
Canada Day
August Civic Holiday
Labour Day
Thanksgiving Day
Remembrance Day
Christmas Day
Boxing Day
and any other holiday proclaimed to be of general observance by the
Government of Canada and/or the Government of Alberta and/or the
Municipality which has jurisdiction over the office of the Employer in
which the Employee works.
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(b)
On the last working day preceding Christmas Day and New Year's Day,
each Employee shall be entitled to one-half (1/2) day off with pay.
16.02
To qualify for a Named Holiday with pay, an Employee must work her scheduled
hours of work immediately prior to and immediately following the holiday, except
where the Employee is absent due to illness or other reasons acceptable to the
Employer.
16.03
An Employee required to work on a Named Holiday shall be paid for all hours
worked on that day at two times (2X) her basic rate, and shall be granted seven
(7) hours off with pay within thirty (30) days of the Named Holiday.
16.04
Where the Named Holiday falls during an Employees annual vacation, such
holiday(s) may be added to their vacation, or if this is not possible, the Employee
shall be granted another seven (7) hours off in lieu thereof.
16.05
Where any Named Holiday falls on a Saturday, and is not proclaimed as being
observed on some other day, the following Monday shall be deemed to be the
holiday for the purpose of this Agreement, and when a holiday falls on a Sunday
and is not proclaimed as being observed on some other day, the following
Monday (or Tuesday, where the preceding section already applies to the Monday)
shall be deemed to be the holiday for the purposes of this Agreement.
ARTICLE 17:
SICK LEAVE
17.01
(a)
“Illness” shall mean any illness, injury (other than those covered by
Workers' Compensation) or quarantine restrictions which causes an
Employee to be absent from work.
(b)
If an Employee is ill at work or requires time off for the purposes of
attending a dental, physiotherapy, optical or medical appointment,
provided she has been given prior authorization by the Employer, and she
works one (1) hour in a half (1/2) day that she is absent for those purposes,
such absence shall neither be charged against her casual illness
entitlement, nor shall a deduction in pay be made for the time lost in the
half (1/2) day in which she became ill or attended the appointment. For
purposes of this Article a half (1/2) day is half (1/2) of the regular hours of
the day worked, provided that the minimum daily regular hours are not
less than seven (7).
17.02
At the commencement of each year of employment, an Employee shall be entitled
to illness leave at the specified rates of pay in accordance with the following:
(a)
Illness commencing the first year of employment, one hundred percent
(100%) of normal salary for each of the first one hundred and forty (140)
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work hours of illness and seventy percent (70%) of normal salary for each
of the next four hundred and fifty-five (455) work hours of illness.
17.03
17.04
(b)
Illness commencing in the second year of employment; one hundred
percent (100%) of normal salary for each of the first one hundred and
seventy-five (175) work hours of illness and seventy percent (70%) of
normal salary for each of the next four hundred and twenty (420) work
hours of illness;
(c)
Illness commencing in the third year of employment; one hundred percent
(100%) of normal salary for each of the first two hundred and forty-five
(245) work hours of illness and seventy percent (70%) of normal salary for
each of the next three hundred and fifty (350) work hours of illness;
(d)
Illness commencing in the fourth year of employment; one hundred
percent (100%) of normal salary for each of the first three hundred and
fifteen (315) work hours of illness and seventy percent (70%) of normal
salary for each of the next two hundred and eighty (280) work hours of
illness;
(e)
Illness commencing in the fifth year of employment; one hundred percent
(100%) of normal salary for each of the first three hundred and eighty-five
(385) work hours of illness and seventy percent (70%) of normal salary for
each of the next two hundred and ten (210) work hours of illness;
(f)
Illness commencing in the sixth or any subsequent year of employment;
one hundred percent (100%) of normal salary for each of the first four
hundred and ninety (490) work hours of illness and seventy percent (70%)
of normal salary for each of the next one hundred and five (105) work
hours of illness;
(a)
Subject to Section 17.03 (b), an Employee, upon return to active work
after a period of illness of less than five hundred and ninety-five (595)
consecutive work hours will have any illness leave days used for which
normal salary was paid at the rate of one hundred percent (100%)
reinstated for future use at the rate of seventy percent (70%) of normal
salary, within the same year of employment. Illness Leave days used for
which normal salary was paid at the rate of seventy percent (70%) shall be
reinstated for future use within the same year of employment, at the rate of
seventy percent (70%) of normal salary.
(b)
Such reinstatement shall only occur where an Employee has not taken any
general illness leave for the same or related illness during the first seventy
(70) consecutive work hours following the date of return to active work.
For the purpose of this Article, the maximum period of continuous absence
recognized shall be five hundred and ninety-five (595) consecutive work hours.
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Absence due to illness or disability in excess of that period shall be subject to
Article 18.01.
17.05
When a day designated as a Named Holiday under Article 16 falls within a period
of illness it shall not be counted as a day of illness and the Employee shall receive
full pay for the day.
17.06
Employees may be required to submit satisfactory proof to the Employer of any
illness or quarantine.
17.07
Upon termination of employment, all sick leave credits shall be cancelled and no
payment shall be due therefor.
17.08
No Employee shall be terminated due to receiving Long Term Disability
payments.
17.09
(a)
No sick leave shall be granted for any illness which is incurred once an
Employee commences her or his vacation; in this event, the Employee will
be receiving vacation pay.
(b)
Notwithstanding the provision of Article 19.08(a), should an Employee be
admitted to hospital as an “in-patient” during the course of her or his
vacation, the Employee shall be considered as being on sick leave for the
period of hospitalization and subsequent period of recovery. Vacation time
not taken as a result of such stay in hospital shall be rescheduled to a
mutually agreeable time.
17.10
The Employer shall make every reasonable effort to provide light duties for an
Employee returning to work from an illness or injury who is not able to perform a
full work load but is able to work the regular hours specified in her most recent
letter of hire or transfer.
ARTICLE 18:
WORKERSʼ COMPENSATION
18.01
The Employer shall provide Workers’ Compensation coverage for all Employees.
18.02
No Employee shall be terminated due to being on Workers’ Compensation.
18.03
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 shall continue to receive
full net salary for the first twenty-four (24) months of such absence, provided the
Employee assigns over to the Employer, on proper forms, the monies due from
the Workers’ Compensation Board for time lost due to accident.
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ARTICLE 19:
19.01
BENEFITS
The Employer shall provide the following group plans for all regular employees:
(a)
Alberta Health Care Insurance;
(b)
Group extended health care plan and long-term disability, group life and
AD&D at no lesser than that in effect December 31, 1997; however, the
coverage for eyeglasses shall increase to six hundred dollars ($600.00) per
person biennually for corrective lenses and frames.
•
Diabetic Supplies - 100% coverage; Include insulin pump - 100%
coverage for one pump every five years;
•
Surgical stockings/support hose - two pairs per year;
•
Foot orthotics - $500/two years;
•
Maximum for Psychologist coverage $150/visit (maximum of 26
visits);
•
100% for all respiratory equipment (including CPAP machines and
supplies);
•
$2,000,000 out of country coverage;
•
Vision care coverage at $600 biennially, inclusive of coverage for
elective corrective laser eye surgery;
•
Hearing aids at $2000 biennially;
•
Dental care coverage provides for the reimbursement of 100% of
eligible Basic Services; 80% of eligible Extensive Services
[including implants and appliances (appliances to include mouth
guards for therapeutic use)], and 80% of eligible Orthodontic
Services (including coverage for adults). A maximum annual
reimbursement of $3000 per insured person per benefit year shall
apply to Extensive Services. Orthodontic Services shall be subject
to the lifetime maximum reimbursement of $3000 per insured
person.
19.02
The premiums for the above plans shall be wholly paid by the Employer.
19.03
The administration of such plans shall be subject to and governed by the terms
and conditions of the policies or contracts entered into with the underwriters of
the plans.
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19.04
The plan descriptions of all Employee benefits shall be included by reference and
shall form part of this Collective Agreement.
19.05
The Employer shall provide to the Union copies of contracts with insurers of
prepaid benefits.
19.06
The Employer shall not change any carriers of the above-noted plans without
prior consultation with the Union.
19.07
(a)
The Employer agrees to contribute an amount equivalent to thirteen
percent (13%) of the Employee’s regular gross salary and make payable
such amounts on a monthly basis to a Registered Retirement Savings Plan
owned by the Employee. Upon the request of the Employee, where
possible the RRSP contributions shall be made by direct deposit.
(b)
When an Employee is on Parental or Adoption Leave pursuant to Article
20, the Employer shall pay an amount equal to thirteen percent (13%) of
the Employee’s regular gross salary to the same plan. Upon the request of
the Employee, where possible the RRSP contribution shall be made by
direct deposit.
19.08
Employees retiring from employment with UNA prior to the age of sixty-five (65)
have coverage under the following group plans: AHC, extended health, dental and
life insurance (at salary level at retirement). The Employee shall pay the full
premium for such coverage. If the retiree obtains coverage through other
employment, UNA’s coverage shall be cancelled.
19.09
Health and Wellness Fund
The Employer shall pay each Employee $750 per calendar year for health and
wellness. No receipts or proof are required to receive this benefit.
ARTICLE 20:
LEAVES OF ABSENCE
20.01
(a)
Leaves of absence without pay may be granted to Employees at the
discretion of the Employer.
(b)
Requests for leaves of absence under this Article must be made in writing
to the Employer. A request for Leaves of Absence shall be responded to in
writing within fourteen (14) days.
20.02
An Employee who has been granted a leave of absence under this Article and who
overstays her leave without permission of the Employer shall be considered to
have terminated her employment except in extenuating circumstances.
20.03
Employees shall not be entitled to Named Holidays with pay which fall during a
period of leave of absence granted under this Article.
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20.04
20.05
20.06
Compassionate Leave
(a)
Upon request, an Employee shall be granted reasonable leave of absence
in the event of a death of a member of the immediate family (spouse,
child, parent, brother, sister, mother-in-law, father-in-law, brother-in-law,
sister-in-law, son-in-law, daughter-in-law, grandparent, grandchild,
guardian or finace(e), niece, nephew, aunt, uncle). Spouse shall include
common-law and/or same sex relationship. Step-parent, step-children,
step-brother and step-sister shall be considered as members of the
Employee’s immediate family. For the first five (5) calendar days of such
leave of absence, the Employee shall suffer no loss of regular earnings.
Bereavement leave may be extended up to two (2) additional calendar
days as may be necessitated by reason of travel to the funeral.
(b)
In the event of the loss of another relative or close friend, the Employer
may grant up to one (1) working day off with pay to attend the funeral
services. Such a request shall not be unreasonably denied.
Parental & Adoption Leave
(a)
An Employee who has completed the probationary period shall, upon
written request, be granted parental or adoption leave for up to one (1)
year. An employee shall be eligible for such leave in the event of the birth
or adoption of the employee's child. Such leave shall be without pay
(except for the health-related portion of a parental leave, which shall be
treated the same [or substantially the same with respect to the post
delivery portion] as an Employee absent due to illness) with the provision
of benefits contained in Article 19.03.
(b)
An Employee on such leave shall provide the Employer with two (2)
weeks written notice of readiness to return to work following which the
Employer will reinstate her in the same position held by her and
immediately prior to taking leave and at the same position in the pay scale.
Court Appearance
(a)
In the event that an Employee is required to appear before a court of law
for jury duty, or due to matters arising out of her employment with the
Employer, the Employee shall suffer no loss of regular earnings.
(b)
Where an Employee is required by law to appear before a court of law for
reasons other than the above, she shall be granted a leave of absence
without pay.
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20.07
Leave on Union Business
(a)
20.08
20.09
20.10
Up to a maximum of three (3) employees shall be entitled to a leave of
absence without pay for the purpose of conducting negotiations with the
United Nurses of Alberta; however, if the Employer insists on conducting
negotiations only during working hours, such leave shall be granted with
pay. The Employees delegated by the Union to perform any other Union
activity shall be granted a leave of absence without pay and without loss
of seniority. The Employer will keep the Employee whole and shall bill
CEP.
Educational Leave
(a)
An Employee required by the Employer to take any course shall receive
full pay and benefits, as well as expenses related to meals, travel and
materials relating to the course.
(b)
An Employee who requests and who is authorized by the Employer to take
a course shall be granted leave with pay. The Employer will pay the cost
of the course, including the cost of necessary supplies, upon demonstration
of successful completion of the course.
Public Office Leave
(a)
Employees may be granted a leave of absence without pay for up to three
(3) months to run for public office.
(b)
Employees who successfully attain public office shall be granted a further
leave of absence, to permit them to fulfill the duties of that office. Such
leave shall be without pay and without benefits, except that the Employee
may make arrangements to pay full premiums for benefit plans, during
such leave.
(c)
For the purposes of this article, public office shall include full time elected
positions within the Union or its affiliates (A.F.L., C.L.C.)
Special Leave
In each calendar year, Employees shall be entitled to thirty-five hours (35) leave
with pay as special leave. Special leave shall be limited to unforeseen
emergencies to the Employee, and in addition, to sickness, accident, medical
appointment and unforeseen emergencies to the immediate family of the
Employee. One day of such leave per year may be used in the event of the
Employee’s marriage. One day of such leave per year may be used in the event of
moving or renovation of the Employee’s residence.
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20.11
(a)
Deferred Income/Leave of Absence
(i)
The purpose of the Deferred Salary Leave Plan is to afford
Employees, the opportunity of one (1) year leave of absence with
part pay by deferring salary for four (4) years and taking leave in
the fifth year.
It is expressly understood that the Plan is not established to provide
benefits to Employees on or after retirement.
(ii)
(b)
The Employer and Employees may enter into any variation of this
Plan by mutual consent of the two parties involved, provided that
such variations meet the requirements of any applicable
Government Act or Regulation regarding a Deferred Salary Leave
Plan.
Qualifications
Any permanent Employee who has completed her probationary period is
eligible to participate in the Plan.
(c)
(i)
An Employee must make application to the Employer to
participate in the Plan by January 31.
(ii)
The Employer reserves the right to limit the number of Employees,
if any, on leave.
(iii)
Written acceptance or denial of the Employee's request, with
explanation, will be forwarded to the Employee by March 31 of
each year. Requests shall not be unreasonably denied.
(iv)
In the event that more requests are received than the Employer can
reasonably accommodate, requests shall be approved in order of
seniority.
Payment Formula
(i)
In the first four (4) years of the Plan, an Employee will be paid
80% of his/her normal salary. The remaining 20% of annual salary,
based on a calendar year, will be accumulated, and this amount
shall be paid to the Employee during the year of absence.
(ii)
The leave of absence may be taken only in the fifth (5th) year of
the Plan. Under special circumstances, exceptions may be granted,
however, the deferral period must not exceed six (6) years in total
from the date the salary deferrals commenced, and the leave of
absence must commence immediately after the deferral period.
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(iii)
(d)
(e)
(f)
During the period of leave, the Employee may not receive any
salary or wages from the Employer, or from any other person or
partnership with whom the Employer does not deal at arm's length,
other than amounts which were deferred under the Plan and the
reasonable fringe benefits that the Employer usually pays to or on
behalf of Employees.
Benefits
(i)
All prepaid health benefits shall be maintained by the Employer
during the deferral period and leave of absence at the Employee's
gross salary level (i.e. salary before deduction of deferred amount).
(ii)
RRSP contributions during the deferral period will be based upon
the Employee's normal salary. No RRSP contributions shall he
made during the leave of absence.
Withdrawal
(i)
An Employee may withdraw from
commencement of the leave period.
the
Plan
prior
to
(ii)
Any Employee who withdraws, resigns, is laid off or is terminated
shall receive a lump sum equal to the salary deferred plus interest
accrued for that calendar year. Payment shall be made within thirty
(30) days of notification.
(iii)
Once the Employee commences the leave period, he or she may
not withdraw.
(iv)
Should an Employee die while participating in the program,
monies accumulated plus accrued interest at the time of death shall
be paid to the Employee's estate.
Return from Leave
Following the period of leave, the Employee shall return to his or her
position and agrees to continue his or her regular employment for a period
of not less than six (6) months.
(g)
Compliance With the Income Tax Act
This Article will be submitted to Canada Customs and Revenue Agency
for review to ensure that it complies with requirements of the Income Tax
Act. Following the review, the parties agree that they will make any
modifications to this Article that are necessary in order to comply with the
Income Tax Act.
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20.12
Terminal Care Leave
(a)
An Employee with a qualified relative in the end-stage of life shall be
entitled to leave of absence without pay but with the health care benefits
specified in Article 19.01 at the normal cost sharing, for a period up to six
(6) months. Qualified relative means a person in a relationship to the
Employee for whom the Employee would be eligible for the
compassionate care benefit under Employment Insurance legislation.
(b)
Employees may be required to submit to the Employer satisfactory proof
demonstrating the need for terminal care leave.
ARTICLE 21:
TERMINATION, DISCIPLINE AND DISMISSAL
21.01
Fourteen (14) calendar days notice in writing, exclusive of any vacation shall be
given by an Employee resigning from the employ of the Employer.
21.02
Notwithstanding any other provision of this Agreement, if employment is
terminated under the following conditions:
(a)
after less than one (1) year of employment by the Employer; or
(b)
without giving proper notice;
such Employee shall receive vacation pay at the rate prescribed in the
Employment Standards Act concerning vacations with pay, provided that the
Employer may waive this clause if termination is due to illness, layoff or to other
clauses which are acceptable to the Employer.
21.03
There shall be no discipline or dismissal except for just cause or as specifically
provided for by Article 11 of this agreement.
21.04
Unsatisfactory conduct and/or 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 shall result in a written
warning to the Employee and a copy to the Union within ten (10) working days of
the date the Employer first became aware of the occurrence of the Act. A written
warning that is grieved and determined to be unjustified shall be removed from
the employee's record. Such written warning shall include a complete statement of
the Employer’s reason or reasons for the warning.
21.05
Notice of dismissal or suspension shall be in writing and a copy provided to the
Union. Such notice shall be given to the Employee and Union within ten (10)
working days of the cause for the suspension or dismissal becoming known to the
Employer. Notice of suspension or dismissal determined to be unjustified shall be
removed from the employees record.
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21.06
An Employee shall be entitled to be accompanied by a representative of the Union
during service of any notice of discipline.
21.07
A Union representative designated to act under Article 21.06 shall not suffer a
reduction of pay.
21.08
If no Union representative is available on the job site, the Employee shall be
given one (1) working day to arrange for a Union representative to be present.
21.09
The procedures in Article 21 do not prevent immediate suspension or dismissal
for just cause.
21.10
Following one (1) year satisfactory service from the date of receiving a
disciplinary notice, the written record of discipline shall be permanently removed
from the Employee's record.
21.11
An Employee may view her personnel file once each calendar year and in
addition when the Employee has filed a grievance, with one working days notice
to the Employer. An Employee shall have the right to be accompanied by a Union
representative when she views her file. Where a grievance has been filed, the
Employer shall, upon request, provide the grievor with a complete copy of her
personnel file at no charge.
21.12
Any disciplinary action taken by the Employer in contravention to the terms of
this Article shall be deemed to be null and void. An expression of dissatisfaction
for which an Employee or the Union has received no written warning shall not
become part of the Employee’s record or be used against her at any time.
ARTICLE 22:
GRIEVANCE PROCEDURE
22.01
Step 1
(a)
If a dispute arises between the Employer and an Employee regarding the
interpretation, application or alleged violation of this Agreement, the
Employee shall first seek to settle the dispute through discussion with the
immediate supervisor. If the dispute is not resolved satisfactorily, it may
then become a grievance and be advanced to Step 2.
(b)
Step 2
The grievance shall be submitted in writing to the immediate supervisor
within ten (10) days of the date the Employee first became aware of the
occurrence of the act causing the grievance. It shall state the clause
claimed to have been violated, the nature of the grievance and the redress
sought. The decision of the immediate supervisor shall be communicated,
in writing, to the Union within ten (10) days of the submission. If the
dispute is not resolved satisfactorily, it may be advanced to Step 3.
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(c)
Step 3
The grievance shall be submitted in writing to the Executive Officers
within ten (10) days of the written response of the immediate supervisor. It
shall state the clause claimed to have been violated, the nature of the
grievance and the redress sought. The decision of the Executive Officers
shall be communicated, in writing, to the Union within ten (10) days of the
submission.
(d)
If the difference remains unresolved the grievance may be submitted to
arbitration.
22.02
In the event of arbitration, the parties shall meet and select a single arbitrator
acceptable to both parties. If the parties are unable to agree on an Arbitrator
within seven (7) days, the appointment shall be made by the Director of
Mediation Services for the Province of Alberta at the request of either party.
22.03
The Arbitrator shall hear and determine the difference. He may quash, vary, or
confirm any action taken by either party, and shall issue an award in writing, and
the decision is final and binding upon the parties and upon an Employee affected
by it.
22.04
The expenses of the Arbitrator shall be borne jointly by the two parties.
22.05
The Arbitrator, by his decision, shall not alter, amend, or change the terms of the
Collective Agreement.
22.06
For the purposes of this Article, periods of time referred to in days shall be
deemed to mean such periods of time calculated on consecutive calendar days
exclusive of Saturdays, Sundays and Named Holidays which are specified in
Article 16.
22.07
Disputes Between the Parties
In the event that a dispute which directly affects two (2) or more Employees or is
of a general nature affecting all Employees in the bargaining unit arises regarding
the interpretation, application or alleged violation of the Collective Agreement
which cannot be resolved by discussion between the two parties, the dispute
becomes a policy grievance. Such grievance shall be submitted, in writing, to the
immediate supervisor at Step 2 of the grievance procedure.
22.08
The hearing of grievances at any stage of the grievance procedure may be held
during the normal working day with no loss of basic pay for the grievor(s) and a
Union officer, providing the Employees do not leave the Employer's premises.
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ARTICLE 23:
OCCUPATIONAL HEALTH AND SAFETY
23.01
The Employer shall be responsible for providing safe and healthy working
conditions. Should complaints arise in this respect, they shall be dealt with at the
Labour/Management meeting immediately following the complaint.
23.02
The Union and Employer recognize the right of the employees to work in an
environment free from sexual harassment, and the Employer undertakes to
discipline any person employed by the Employer engaging in sexual harassment
of another Employee. Sexual harassment shall be defined as:
(a)
inappropriate touching, including touching which is expressed to be
unwanted;
(b)
suggestive remarks or other verbal abuse with the sexual connotation;
(c)
compromising invitations;
(d)
repeated or persistent leering at a person's body;
(e)
demands for sexual favours;
(f)
sexual assault.
23.03
The Employer shall provide Employees with information on all hazardous
materials or substances used in work place.
23.04
The Employer shall provide disposable gloves and disposable masks to each
Employee required to handle dry chemicals.
23.05
An Employee who is required to use reproduction or duplicating machines will be
supplied with a reasonably fitted smock.
23.06
At the request of an Employee required to use a VDT, the Employer shall provide
an anti-glare screen. Pregnant employees required to use a VDT shall be provided
a radiation shield which may be attached to the VDT.
23.07
The Union and Employer recognize the right of the Employees to work in an
environment free from abuse. The Employer shall have in place a harassment
policy which shall be reviewed annually by the Occupational Health and Safety
Committee.
ARTICLE 24:
24.01
PARKING
Parking shall be made available to all Employees who desire a parking stall. Any
cost for such parking shall be borne by the Employer.
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24.02
An Employee who chooses not to have a parking stall may elect to have a transit
pass. The cost of the transit pass shall be borne by the Employer. The Employee
may change her selection providing the Employer with a minimum of thirty (30)
days notice to release her parking stall and a minimum of sixty (60) days notice to
regain a parking stall.
ARTICLE 25:
25.01
TEMPORARY EMPLOYEES
Where, in the opinion of the Employer, it is desirable to hire a Temporary
Employee, the provisions of this article shall apply, with the exception of the
following articles:
Article 12 - Seniority
Article 13 - Promotions and Transfers
Article 14 - Layoff and Recall
Article 15 - Vacations
Article 17 - Sick Leave
Article 19 - Benefits
Article 20 - Leaves of Absence
25.02
Temporary Employees shall have no claim to the position temporarily filled
beyond the fixed period as specifically agreed to at the time of hire.
25.03
Vacation pay for a Temporary Employee shall be paid on the basis of eight
percent (8%) of her gross earnings. A Temporary Employee shall have the option
of accruing vacation pay.
25.04
A Temporary Employee shall be paid, in lieu of benefits, an amount equal to ten
percent (10%) of her gross earnings. A Temporary Employee may, provided she
pays one hundred percent (100%) of the costs of the premiums, opt into the
benefit plan within thirty (30) days of employment as outlined in Article 19.01
(a), (b), (c), (d) and (f).
25.05
A Temporary Employee shall earn and accumulate sick leave credits at the rate of
one and one half (1 1/2) day per month. An Employee absent due to illness shall
be paid her basic rate of pay to the extent of her accumulated sick leave credits.
There shall be no payout of sick leave credits.
25.06
A Temporary Employee shall have their term as a temporary employee credited
towards the completion of their probation period and seniority under the
following circumstances:
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(a)
that their term as a temporary Employee was for three (3) months or
longer;
(b)
that not more than one (1) month has passed between the completion of
their temporary employment and the commencement of permanent
employment.
ARTICLE 26:
PART-TIME EMPLOYEES
26.01
Except as modified in this Article, all provisions of this Collective Agreement
shall apply to part-time Employees.
26.02
Regular hours of work for part-time Employees, exclusive of meal periods, shall
be as scheduled by the Employer but shall be less than those for full-time
Employees over the course of a one (1) week period, Monday through Friday.
26.03
Notwithstanding the forgoing, where mutually agreed, a part-time Employee may
work full-time hours. Where a part-time Employee agrees or volunteers to work
additional hours which are not designated as her scheduled days of rest, she shall
be paid her basic rate for hours worked up to seven (7) hours per day and at the
applicable overtime rate thereafter.
26.04
At time of hire or transfer, the Employer shall state in writing, the Employees
regular hours of work.
26.05
Part-time Employees shall be entitled to an increment on the completion of one
thousand eight hundred and twenty-seven (1,827) hours of work, up to step six.
Part-time Employees shall advance to step seven after sixteen thousand four
hundred and forty-three (16,433) hours of work.
26.06
Part-time Employees shall earn and accumulate vacation credits at the rate of
eight percent (8%) of her regular earnings during the first (1st), second (2nd), and
third (3rd) employment years; ten percent (10%) of her regular earnings during
the fourth (4th), fifth (5th), sixth (6th) and seventh (7th) employment years; and
twelve percent (12%) in all subsequent years.
26.07
Part-time Employees shall earn and be paid in addition to her basic rate of pay a
sum equal to five point two percent (5.2%) of her regular earnings in lieu of
Named Holidays.
26.08
Part-time Employees shall be entitled to the sick leave benefits in Article 17,
based on an annual pro-rated basis of the regularly scheduled hours worked by the
part-time Employee in relation to the regularly scheduled hours for full-time
Employees.
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ARTICLE 27:
27.01
NO STRIKE OR LOCKOUT
There shall be no strike or lockout during the term of this Agreement.
ARTICLE 28:
EXPENSE CLAIMS
28.01
(a)
The Employer shall reimburse Employees for authorized and substantiated
expenses incurred in the conduct of the business of the Employer.
(b)
When, for business reasons, the Employee is required to be away from the
office over her meal period, she shall be compensated for meals as
follows:
Breakfast
Lunch
Supper
$12.00
$17.00
$25.00
Receipts are not required.
(c)
Should an Employee be required to use her personal car for the business of
the Employer, she shall be reimbursed for such travel on the basis of fifty
cents (50¢) per kilometer.
(d)
Child care expenses incurred over and above normally incurred expenses
may be claimed by Employees performing authorized Employer business.
The maximum amount is one hundred dollars ($100) per day. All such
claims shall be substantiated by a receipt from the child care provider.
(e)
Where an Employee travelling on Employer business is away from his or
her normal domicile he or she may claim $50.00 for each overnight stay
where private arrangements are made by the Employee.
28.02
Claims for reimbursement of authorized expenses must be received within
fourteen (14) days and shall be paid within fourteen (14) days of receipt of the
claim in the United Nurses of Alberta Edmonton Office.
28.03
Anticipated expenses as outlined above may be requested in advance.
28.04
Employees who are regularly required to use their personal vehicles for business
purposes shall be required to submit proof of business insurance. The Employer
shall reimburse the Employee as follows:
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Cost of Business Use Insurance Coverage $___________________
(Basic Age Group - Good Record)
LESS
Cost of Personal Use Insurance Coverage $ ___________________
(Basic Age Group - Good Record)
EQUALS
Reimbursement To Maximum $350.00
28.05
Employees required to own and use their own vehicles for Employer business
shall receive a vehicle allowance of one hundred and twenty-six dollars and
ninety-two cents ($126.92) per bi-weekly pay period.
28.06
For Employees required to own and use their own vehicles for Employer
business, the Employer shall reimburse the cost of windshield replacement or
repair to a maximum of two hundred and fifty dollars ($250.00) per year.
ARTICLE 29:
SALARIES
29.01
Salaries shall be paid to Employees in accordance with Schedule (I).
29.02
When an Employee has experience satisfactory to the Employer, the Employee’s
starting salary may be adjusted accordingly.
29.03
When an Employee is promoted from one pay grade to another (on a temporary or
permanent basis), the salary of such promoted Employee shall be advanced to that
step in the salary scale which will grant the Employee a minimum hourly increase
in the amount of the differential between the beginning rate of the Employee’s
present classification and the beginning rate of the classification to which she or
he has been promoted.
ARTICLE 30:
TEMPORARY ASSIGNMENT
30.01
(a)
An Employee designated to perform some duties of the Executive
Administrative Assistant shall receive, in addition to all other
compensation, the sum of three dollars and fifty cents ($3.50) per hour.
(b)
An Employee designated to perform some duties of the immediate
supervisor, shall receive, in addition to all other compensation, the sum of
six dollars ($6.00) per hour.
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30.02
An Employee designated to perform some of the duties of another Employee at a
higher pay scale shall receive, in addition to all other compensation, the sum of
three dollars ($3.00) per hour.
ARTICLE 31:
31.01
JOB DESCRIPTIONS
Within sixty (60) days of exchange of ratification, the Employer will provide each
Employee with a written job description. Not withstanding the provisions of this
Article, the Employer reserves the right to amend job descriptions. However, all
amendments shall be done in consultation with the affected Employee and the
Union.
ARTICLE 32:
EVALUATIONS
32.01
(a)
Each Employee shall receive a yearly evaluation. Evaluations shall be for
the constructive review of the performance of the Employee based on the
previous year. All evaluations shall be in writing and shall be done by the
most immediate supervisor in an excluded management position.
(b)
Meetings for the purpose of the evaluation interviews shall be scheduled
by the Employer with reasonable advance notice which shall not be less
than twenty-four (24) hours. At the interview the Employee shall be given
a copy of her evaluation document. The contents of her personnel file shall
be available for examination by the Employee at the time of the evaluation
interview. The Employee shall sign her evaluation for the sole purpose of
indicating that she is aware of the evaluation and shall have the right to
respond, in writing, within fourteen (14) days of the interview and her
reply shall be attached to her evaluation and placed in her personnel file.
(c)
An Employee's evaluation shall not be released by the Employer to any
person except to a Board of Arbitration or as required by law without the
written consent of the Employee.
ARTICLE 33:
33.01
SEVERANCE
Severance Offering and Eligibility
(a)
In the event of layoff(s), the Employer shall offer severance packages
equal to the number of position reductions. Offerings shall be made prior
to any layoffs.
(b)
The timing and extent of application periods and of the offering shall be
determined by the Employer, provided that such determination shall be
fair and reasonable.
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33.02
Severance Calculation
Severance shall be calculated as follows:
(a)
The equivalent of four (4) weeks regular salary* for each full year of
service to a maximum of fifty-two (52) weeks.
(b)
For the purpose of this clause, a full year of service shall be deemed to
include partial years of service greater than six (6) months. All severance
payments will be subject to the maximums outlined above.
(*) Regular Salary = (Regularly scheduled hours of work as at the date of
application for the program) x (Basic rate of pay).
33.03
33.04
Severance Approval
(a)
The Employer shall have the right to accept or reject any application for
severance based on operational requirements. Subject to operational
requirements, if there are more Employees wishing to take severance than
there are positions to be eliminated, severance shall be granted in order of
seniority.
(b)
Severance shall not be granted where termination of the Employee does
not result directly or indirectly in the permanent elimination of the
Employee’s regular position or an equivalent position.
(c)
The Employer reserves the right to determine the date of termination and
once approved, the decision to take severance and terminate employment
is irrevocable.
Operation of the Program
(a)
The Employer shall only consider a severance application from an
Employee on sick leave, WCB or LTD where the Employee has provided
medical evidence of a reasonable expectation of fitness to return to work
within one year.
(b)
Regular Employees whose applications are approved shall terminate their
employment and have no right to recall under Article 14.
ARTICLE 34:
34.01
CONTINUING EDUCATION
The Employer will pay the registration fees and other costs, including payment of
the Employee’s salary when the Employee, with the prior written approval of the
Employer, enrolls in any training course or seminar which is intended to improve
the Employee’s job related knowledge.
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34.02
Upon request, each Employee shall be granted at least three (3) professional
development days annually, at the basic rate of pay. An Employee shall be
advised, prior to taking any professional development days of any transportation,
registration fees, subsistence and other expenses that will be paid by the
Employer.
Such hours not used in each fiscal year shall not be carried forward into
subsequent years.
Applications for such paid professional development
opportunities shall be made in writing, to the Employer as early as possible.
ARTICLE 35:
DECREASING OR INCREASING REGULAR HOURS
The parties agree that it may be of mutual benefit to the Employees and the Employer to
allow Regular Employees, who request to do so, to reduce or increase their regular hours of
work;
35.01
(a)
Decreasing regular hours of work for regular full-time and regular parttime Employees:
(i)
Requests to decrease regular hours of work, from regular full-time
or regular part-time Employees, shall be made in writing.
(ii)
Requests for a temporary reduction in regular hours of work shall
indicate the period of time that the temporary reduction would
apply. The maximum time for such temporary reduction is 12
months.
(iii)
The Employer shall have the right to accept or reject any request
for alteration of the Employee’s full-time equivalent (FTE) based
upon operational requirements including but not limited to staff
skills mix, individual performance issues, etc. The Employer shall
indicate approval or disapproval in writing within 14 days of the
request to decrease the regular hours of work and such request
shall not be unreasonably denied.
(iv)
A request to decrease regular hours of work shall indicate the
requested number of hours per day and days per week.
(v)
No hours of work from the previous position shall be eliminated
due to this process. If the number of hours vacated as a result of
granting a request to decrease hours received by the Employer
pursuant to this Article equals or exceeds .4 FTE they shall be
posted as a vacancy.
(vi)
If the number of hours vacated as a result of this Article is less than
.4 FTE, the additional shifts may be offered to Regular Part-time
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Employees in order of seniority, working in the Base Office, or
may be posted as a vacancy.
(vii)
A Regular Full-time or Regular Part-time Employee cannot
decrease her or his FTE to less than a .4 FTE pursuant to this
Article, unless otherwise agreed between the Employer and the
Union.
(viii) Where the number of Employees making such requests in the 14
day period commencing the date the initial request is received by
the Employer exceeds the number of requests that may be granted,
the requests shall be granted in order of seniority of those
Employees whose requests can be accommodated. If the
Employee’s request cannot be granted, the Employer shall indicate
to that Employee whether an alternate choice of hours can be
accommodated whereupon the Employee shall have the ability to
amend her or his request.
(b)
Increasing regular hours of work for Regular Part-time Employees:
(i)
If newly funded additional regular FTEs of less than .4 or
temporary FTEs of less than 12 months and less than .4 become
available in the Base Office or if the number of hours vacated by
an Employee as a result of this Article is less than .4 FTE such
additional or residual hours may be offered to Regular Part-time
Employees in order of seniority, working in the Base Office or
may be posted for members of the bargaining unit only.
(ii)
If the number of hours available or vacated equals or exceeds .4
FTE, these shall be posted in accordance with Article 13:
Promotions And Transfers.
(iii)
If there are no qualified applicants from the posting(s) in (b)(i) or
(b)(ii) above, the remaining shifts shall be offered to regular Parttime Employees working in the Base Office, in order of seniority.
(iv)
Any unassigned hours following the completion of (b)(iii) above
will not remain subject to the provisions of this Article.
(v)
A Regular Part-time Employee may become a Regular Full-time
Employee through the operation of this Article.
(vi)
No Regular Part-time Employee shall be permitted to increase her
or his regular hours while other Employees are on layoff as long as
the laid off Employees can perform the work required.
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(c)
No Employee may decrease or increase her or his regular hours of work
pursuant to this Article more frequently than once in a calendar year
unless otherwise agreed between the Employer and the Union.
(d)
Any redistribution of hours as a result of the operation of this Article shall
not be considered a violation of Article 33: Severance.
(e)
Where any request pursuant to this Article has been approved, the
Employer shall issue a letter to the Employee confirming the Employee’s
new regular hours of work in accordance with this Collective Agreement
or, if applicable, the temporary period that the amended hours of work
shall apply.
(f)
Copies of all requests and responses to requests pursuant to this Article
shall be provided to the Union forthwith.
(g)
An Employee whose regular hours of work are altered through the
operation of this Article shall not be required to serve a trial period.
(h)
Agreement to alter an Employee’s regular hours of work in accordance
with this Article shall not be considered a violation of Articles 13:
Promotions And Transfers or 14: Layoff And Recall.
(i)
This provision is not intended to circumvent the posting and recall
provisions of Articles 13: Promotions And Transfers and 14: Layoff And
Recall in circumstances where a position has become vacant. In such a
case(s), the vacancy(s) shall be filled in accordance with Article 13:
Promotions And Transfers and 14: Layoff And Recall of the Collective
Agreement and not by transferring an Employee who has made a request
under this provision to transfer into the vacancy(s).
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SCHEDULE 1
The Employer will provide the Union with a count of positions within the Bargaining Unit
per Position Title within 14 days of being requested by the Union.
Full-time Employees shall advance one step in their increment scale of their classification on
their anniversary date, up to Step 6.
Full-time Employees shall move to Step 7 upon completion of nine (9) years of continuous
service within the same classification.
Current
Pay
Grade
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
A
29.06
29.88
30.71
31.53
32.34
33.17
33.99
B
34.45
35.47
36.50
37.53
38.56
39.59
40.62
C
38.86
40.13
41.43
42.71
43.99
45.27
46.56
January 1, 2012 – 3.5%
Pay
Grade
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
A
30.08
30.93
31.78
32.63
33.47
34.33
35.18
B
35.66
36.71
37.78
38.84
39.91
40.98
42.04
C
40.22
41.53
42.88
44.20
45.53
46.85
48.19
January 1, 2013 – 4%
Pay
Grade
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
A
31.28
32.17
33.05
33.94
34.81
35.70
36.59
B
37.09
38.18
39.29
40.39
41.51
42.62
43.72
C
41.83
43.19
44.60
45.97
47.35
48.72
50.12
Note: When an Employee is assigned Team Leader, she or he shall be paid a premium of
5% of basic rate of pay. This premium shall form part of the Employee’s basic rate of
pay.
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The following positions shall be within Pay Grade A:
Administrative Services:
Administrative Assistant
Finance Department:
Finance Technician
The following positions shall be within Pay Grade B:
Finance Department:
Finance Officer
The following positions shall be within Pay Grade C:
Systems Department:
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LETTER OF UNDERSTANDING
BETWEEN
UNITED NURSES OF ALBERTA
AND
CEP LOCAL #445
BARGAINING UNIT - UNITED NURSES OF ALBERTA
RE: EMPLOYEES ON LONG-TERM DISABILITY
For clarity of the application of the Collective Agreement, the parties agree that no Employee
under the age of sixty-five (65) shall be terminated due to being in receipt of Long-Term
Disability Insurance. While on LTDI, an Employee will not be paid salary by the Employer.
The Employer will continue to pay for all health care benefits specified in Article 19.01, but
not the RRSP contribution in Article 19.06 nor the reimbursement in Article 19.09. An
Employee on LTDI shall continue to accrue vacation for the first twenty-four (24) months on
LTDI.
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LETTER OF UNDERSTANDING
BETWEEN
UNITED NURSES OF ALBERTA
AND
CEP LOCAL #445
BARGAINING UNIT - UNITED NURSES OF ALBERTA
RE: FORMATION OF PENSION COMMITTEE
A Committee with representatives from CEP and the Employer is to be formed within thirty
(30) days of ratification with a report to be prepared and presented within eighteen (18)
months regarding the addition of an optional pension plan benefit.
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IN 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 EMPLOYER
Date:
United Nurses of Alberta: May 15, 2012
ON BEHALF OF THE UNION
Date: