Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:
Short title
1.
This Act may be cited as the Public Services Resumption and Continuation Act
.
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Definitions
2.
In this Act
(a)
"employee" means an employee whose terms and conditions of employment are set out in a
collective agreement listed in Schedule A as amended by Schedules B and C;
(b)
"employer" means
(i)
Her Majesty the Queen in right of the province, or
(ii)
a corporation, body or authority managing the delivery of public services to which a collective agreement listed in Schedule A applies; and
(c)
"unions" means the
Newfoundland
and Labrador Association of Public and Private Employees and the Canadian Union of Public Employees and its locals who are parties to a collective agreement listed in Schedule A.
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Actions by union
3.
(1) Immediately upon the coming into force of this Act, the unions and each official or representative of the unions shall give notice to the striking employees whom they represent that a declaration or direction to go on strike, declared or given to them before the coming into force of this Act, has become invalid by reason of the coming into force of this Act and shall direct the employees to return to work immediately.
(2)
After the unions have complied with subsection (1), neither they nor their officials or representatives, shall, during the period the terms and conditions of employment referred to in section 5
are in force, engage in actions for the purpose of compelling an employer to agree to terms and conditions of employment that are different from those referred to in section 5
.
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Employees to resume work
4.
(1) Immediately upon the coming into force of this Act every employee shall cease actions engaged in for the purpose of compelling an employer to agree to terms and conditions of employment and, where applicable, shall continue or resume the duties of his or her employment.
(2)
A union and an official or representative of a union and another person acting on behalf of a union shall not direct, encourage, aid or abet an employee to engage in an action contrary to subsection (1).
(3)
Neither a union, nor an official or representative of a union, nor a person acting on behalf of a union, shall, in any manner, discipline, or direct or authorize another person to discipline, by way of suspension or expulsion from the union, the imposition of a fine or otherwise, a person for the reason only that the person complies with subsection (1).
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Terms and conditions of employment
5.
(1) From the day this Act comes into force, the terms and conditions of employment contained in the collective agreements which expired on March 31, 2004 and are listed in Schedule A are considered to be the terms and conditions of employment of the employees to which the collective agreements apply with the following changes:
(a)
the provisions with respect to salary increases are amended as set out in Schedule B;
(b)
the provisions with respect to sick leave entitlement are amended as set out in Schedule B;
(c)
the provisions with respect to classification and job evaluation are amended as set out in Schedule B;
(d)
the provisions with respect to pensions are amended as set out in Schedule B; and
(e)
the provisions of the agreements are amended as negotiated by the parties to them and as set out in Schedule C.
(2)
The recommendations of the Young Mediation Report and the report entitled Facing The Challenge: The Report of the Study Group on Hours of Work, commonly known as the Warren Report, do not form part of a collective agreement listed in Schedule A.
(3)
The collective agreements listed in Schedule A and the amendments to them contained in Schedules B and C
are binding on the employers and the unions to the same extent as if they had been entered into by them and on each employee.
(4)
The terms and conditions of employment referred to in subsection (1) come into force on the day this Act comes into force except where a different date is set out in those terms and conditions and expire on
March 31, 2008
.
(5)
The terms and conditions of employment referred to in subsection (1) are considered to constitute a collective agreement for the purpose of the Public Service Collective Bargaining Act
.
(6)
Where, in a collective agreement listed in Schedule A or in an amendment contained in Schedule B or C reference is made to a date of signing, the date of signing shall be considered to be the day on which this Act comes into force.
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Offences and penalties
6.
(1) Where a union fails to comply with section
3
or subsection
4
(2) or (3), it is guilty of an offence and is liable on summary conviction to a fine of $250,000, and in the case of a continuing offence, to a fine of $250,000 each day or part of a day during which the offence continues.
(2)
Every official or representative of a union who fails to comply with section
3
or subsection 4(2) or (3), and a person acting on behalf of a union who fails to comply with subsection
4
(2) or (3), is guilty of an offence and is liable on summary conviction to a fine of $25,000 and, in the case of a continuing offence, to a fine of $25,000 for each day or part of a day during which the offence continues.
(3)
Every employee who fails to comply with section 4
is dismissed.
(4)
Each day or part of a day that a failure to comply with section
3
continues constitutes a new and separate offence.
(5)
Where a union is convicted of an offence under subsection (1), an amount of wages deducted from an employee as union dues shall be considered forfeit to the Crown and shall be paid by the employer into the Consolidated Revenue Fund until a fine which the union is liable to pay under subsection (1) has been paid in full.
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Collection of fine
7.
(1) In the case of default of payment of a fine imposed on a union, an official or a representative of a union, or a person acting on behalf of a union, under section 6
, the Attorney General may issue a certificate stating the amount of the fine due and remaining unpaid and the name of the person by whom it is payable, and file the certificate with the Registrar of the Supreme Court.
(2)
Where a certificate filed with the Registrar of the Supreme Court under subsection (1), it has the same effect and all proceedings may be taken on the certificate as if it were a judgment of the Trial Division for the recovery of the amount stated in the certificate against the person named in the certificate.
(3)
A person named in a certificate filed under this section may, within 30 days after the certificate is filed, apply to a judge of the Trial Division for a review, on a question of law or jurisdiction, of the certificate.
(4)
On application under subsection (3), the judge may make any amendment to the certificate that is necessary to make the certificate accord with the judge's decision.
(5)
There is no appeal from a decision of a judge made under this section.
(6)
A certificate filed under this section may also be filed in the judgment enforcement registry on the expiration of the 30 day period referred to in subsection (3) in accordance with Part III of the Judgment Enforcement Act
and be enforced in accordance with that Act.
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This Act takes priority
8.
This Act applies notwithstanding the Public Service Collective Bargaining Act.
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Schedule A
1.
A Collective Agreement between
The
Newfoundland
and
Labrador
School Boards Association
Representing the
School Districts
of:
District 1 -
Labrador
District 4 -
Cormack
Trail
School
Board
District 5 - Baie Verte/Central/Connaigre
District 6 - Lewisporte/Gander
District 8 -
Vista
District 9 - Avalon West
District 11 - Conseil solaire francophone
and the
Newfoundland
and
Labrador
Association of Public and Private Employees
and Treasury Board
2.
Student Assistants Collective Agreement between
Her Majesty the Queen in right of
Newfoundland
The
Newfoundland
and
Labrador
School Boards Association
and the
Newfoundland
and
Labrador
Association of Public and Private Employees
3.
Collective Agreement between
Her Majesty the Queen in right of
Newfoundland
(Represented by the Treasury Board)
and
Avalon
East
School
Board
and the Canadian
Union
of Public Employees, Local 1560
4.
Master Collective Agreement between
Her Majesty the Queen in right of
Newfoundland
(Represented by the Treasury Board)
and
Northern Peninsula/Labrador South
School District
#2
Corner Brook/Deer Lake/St. Barbe
School District
#3
Burin
Peninsula
School District
#7
and the Canadian
Union
of Public Employees Locals 2033, 2212 and 3148
5.
Collective
Agreement
College
of the
North Atlantic
Support Staff Agreement between
Her Majesty the Queen in right of
Newfoundland
(Represented by the Treasury Board)
The Board of Governors of the College of the
North Atlantic
and the
Newfoundland
and
Labrador
Association of Public and Private Employees
6.
Maintenance and Operational Services Collective Agreement between
Her Majesty the Queen in right of
Newfoundland
(Represented by the Treasury Board)
The C.A. Pippy Park Commission, a corporation established under the Pippy Park Commission Act
and the
Newfoundland
and
Labrador
Association of Public and Private Employees
7.
Collective Agreement between
Her Majesty the Queen in right of
Newfoundland
(Represented by the Treasury Board)
and the
Newfoundland
and
Labrador
Health Boards Association
and the
Newfoundland
and
Labrador
Association of Public and Private Employees (Hospital Support Staff)
8.
Collective Agreement between
Her Majesty the Queen in right of
Newfoundland
(Represented by the Treasury Board)
and the
Newfoundland
and
Labrador
Health Boards Association
and the Canadian
Union
of Public Employees and its Locals 488, 641, 879, 990, 1568, 1581, 1644, 2574
9.
Collective Agreement between
The Newfoundland Liquor Corporation
and the
Newfoundland
and
Labrador
Association of Public and Private Employees
10.
Laboratory and X-Ray Collective Agreement between
Her Majesty the Queen in right of
Newfoundland
(Represented by the Treasury Board)
and the
Newfoundland
and
Labrador
Health Boards Association
and the
Newfoundland
and
Labrador
Association of Public and Private Employees
11.
Collective Agreement between
Her Majesty the Queen in right of
Newfoundland
(Represented by the Treasury Board)
and the
Newfoundland
and
Labrador
Health Boards Association
and the
Newfoundland
and
Labrador
Association of Public and Private Employees (Health Professionals)
12.
Collective Agreement between
Newfoundland
and Labrador Housing Corporation
and the Canadian
Union
of Public Employees and its Local 1860
13.
General Service Collective Agreement between
Her Majesty the Queen in right of
Newfoundland
C.A.
Pippy Park Commission Municipal Assessment Agency
and the
Newfoundland
and
Labrador
Association of Public and Private Employees
14.
Air Services Division Collective Agreement between
Her Majesty the Queen in right of
Newfoundland
(Represented by the Treasury Board)
and the
Newfoundland
and
Labrador
Association of Public and Private Employees
15.
Government House Collective Agreement between
Her Majesty the Queen in right of
Newfoundland
(Represented by the Treasury Board)
and the Canadian
Union
of Public Employees and its Local 2543
16.
Marine Services Collective Agreement between
Her Majesty the Queen in right of
Newfoundland
(Represented by the Treasury Board)
and the
Newfoundland
and
Labrador
Association of Public and Private Employees
17.
Provincial Information and Library Resources Board Collective Agreement between
The Provincial Information and Library Resources Board
and the Canadian
Union
of Public Employees and its Local 2329
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Schedule B
Salaries
Amend the salary implementation formula and/or appropriate schedules in the named collective agreements in order to give effect to the following salary provisions:
April 1, 2004
|
0%
|
April 1, 2005
|
0%
|
April 1, 2006
|
2%
|
April 1, 2007
|
3%
|
Sick Leave
Amend the sick leave clause in the named collective agreements with the addition of language to the following effect:
Any employee hired after the date of signing of this agreement will accumulate sick leave at the rate of one day per month to a maximum of 12 days per year and a total cap of 240 days.
Classification / Job Evaluation
Amend the "Memorandum of Understanding - 2001 Classification Plan" to read:
1.
It is agreed that a new classification system would be implemented and that the plan used would be gender neutral.
It is also agreed that NAPE and CUPE would have input into the selection and implementation of the system.
This will be accomplished through a joint steering committee which would be advisory to Government in nature. It is also agreed that the current classification plan would continue until the new plan is established.
2.
The new plan will begin implementation on
April 1, 2008
.
However, any wage adjustments necessary for implementation of this plan will not accrue on
April 1, 2008
. The total cost and the timing of any wage adjustments are to be included in negotiations for the next collective agreement.
3.
The Unions require that a Job Evaluation Consultant (as selected by the Unions) would have direct contact with the Plan
=
s consultant and have full access to all relevant information.
This individual would also communicate with and have access to all meetings of the Steering Committee.
The salary and the expenses of the Advisor would be borne by the Unions.
4.
The ratings of the positions will be conducted by the staff of the Classification, Organization and Management Division of Treasury Board.
There will be a Benchmark Committee composed of two-thirds management and one-third union representatives who will review the sampling of the ratings as they are done.
The Benchmark Committee would have the authority to refer results back to the raters should they be deemed inconsistent.
The final decision making authority rests with Treasury Board.
5.
While the new Job Evaluation system is being implemented, all employees can proceed with individual reviews and appeals under the current plan. However, there will be no further occupational reviews or group type requests.
Pensions
Amend the "Memorandum of Understanding - 2001 Agreement on Pensions" to read:
Memorandum of Understanding - 2004
Agreement on Pensions
Delete item number 3 and replace as follows:
3.
A committee of the parties will be established to identify and resolve any matters required to implement joint trusteeship by
April 1, 2008
.
Add item number 5 to read as follows:
5.
For the duration of the Collective Agreement the Employer agrees to maintain the Public Service Pension Plan as an independent pension plan.
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Schedule C
A COLLECTIVE AGREEMENT
Between
THE
NEWFOUNDLAND
AND
LABRADOR
SCHOOL BOARDS ASSOCIATION
REPRESENTING THE
SCHOOL DISTRICTS
OF:
District 1 –
Labrador
District 4 – Cormack Trail School Board
District 5 – Baie Verte / Central / Connaigre
District 6 – Lewisporte / Gander
District 8 – Vista
District 9 – Avalon West
District 11 – Conseil scolaire francophone
and
THE
NEWFOUNDLAND
AND
LABRADOR
ASSOCIATION
OF PUBLIC AND PRIVATE EMPLOYEES
and
TREASURY BOARD
2.01
Delete Clause 2.01 (ii) and replace with the following:
"Vacancy" means an opening in any bargaining unit position that the Employer requires to be filled that is known to be of a definite ten (10) week duration or longer from the date of notification in either a permanent or a temporary position.
(See Appendix A re the Cormack Trail District # 4 previous Agreement 3.01(kk))
3:01
Delete Clause 3.01 and replace with the following:
The Employer recognizes the Newfoundland and Labrador Association of Public and Private Employees as the sole and exclusive bargaining agent for the employees in classifications listed in Clauses 8.01 (a) (b) (c) and (e) and Schedule A of this Agreement.
The employees and classifications who are currently outside the bargaining unit in each school district shall remain outside the bargaining unit.
3:02
Delete Clause 3.02 (d) and replace with the following:
Janitorial service for school rentals to groups outside normal working hours will not be considered in determining overtime under this Agreement.
6:04
Delete Clause 6.04, Step 1, and replace with the following:
An employee shall submit his/her grievance to the Assistant Director, or designate,
through his/her Shop Steward in writing within Ten (10) days or postmarked within Ten (10) days of occurrence of the matter giving rise to the grievance.
The Assistant Director or designate, shall reply to the grievance within Ten (10) days of its receipt or post marked within Ten (10) days of its receipt whatever is applicable in the circumstances.
Delete Clause 6.04, Step II, and replace with the following:
Failing settlement at Step 1, the matter shall be referred within five (5) days to the Director of Education or designate.
Within a further five (5) days the Director of Education or designate shall meet with a representative of the Association in an effort to resolve the grievance.
If the grievance is not resolved at this level the Director of Education or designate shall reply to the grievance in writing within seven (7) days of the meeting.
8:01
Delete Clause 8.01 and replace with the following:
Employees and Classifications referred to in (a), (b), and (c) who at
December 31, 2003
, were outside the bargaining unit in each school district shall remain outside the bargaining unit.
(a)
The maximum regular hours of work for the following classifications shall be seven (7) hours per day, thirty-five (35) hours per week, Monday to Friday.
(i)
Payroll Clerk II
(ii)
Accounting Clerk I
(iii)
Accounting Clerk II
(iv)
Clerk Typist II
(v)
Clerk Typist III
(vi)
Clerk III
(vii)
Library Technician I
(viii)
WPEO I
(ix)
WPEO II
(x)
Payroll Clerk I
(xi)
Administrative Officer I
(xii)
Curriculum Worker
(xiii)
Clerk Steno III
(xiv)
Payroll Clerk III
(xv)
Translator
(xvi)
Computer Support Technician (District #1 Only)
(b)
The maximum regular hours of work for the following classification shall be eight (8) hours per day, forty (40) hours per week, Monday to Friday.
(i)
Supervisor of Information Technology
(ii)
Utility I
(iii)
Utility II
(iv)
Maintenance Repairer I
(v)
Maintenance Repairer II
(vi)
Maintenance Repairer / Caretaker
(vii)
Computer Support Technician
(viii)
Computer Support Specialist
(ix)
Heavy Equipment Mechanic
(x)
Auto Mechanic
(xi)
Equipment Operator I
(xii)
Equipment Operator II
(xiii)
Electrician I
(xiv)
Equipment Operator II / Mechanic Helper
(xv)
Trades Worker I
(xvi)
Trades Worker II
(c)
The maximum regular hours of work for the following classifications shall be nine (9) hours per day, forty-five (45) hours per week, Monday to Friday.
(i)
Bus Driver/Foreperson
(ii)
Equipment Operator II /Maintenance Repairer I
(iii)
Equipment Operator I
(iv)
Equipment Operator II / Maintenance Repairer II
(v)
Equipment Operator II / Utility II
(d)
The intent of clauses 8:01 (a), (b) and (c) is simply to establish maximum regular hours of work possible either on a daily or weekly basis and forces no obligation upon the board to automatically elevate current or future employees from their current or assigned hours of work to the maximum hours outlined in clauses 8:01 (a), (b) and (c)
(e)
Hours of Work for Native Teachers
(i)
For salary purposes, the length of the school year shall be one hundred and ninety five (195) teaching days comprised of one hundred and eight-seven (187) actual teaching days, three paid holidays and two non-teaching days to be scheduled by the board during the school year for administration purposes; and three (3) professional development in-service days to be scheduled by the board during the school year.
(ii)
Every effort shall be made to ensure that the workload is distributed in a fair and equitable manner.
(iii)
Arrangements will be made so that each Native Teacher shall have time free from assigned duties in order to have lunch.
(iv)
The length of the school day shall be determined for Native Teachers by the Schools Act, 1997
and the By-Laws of the Labrador School Board.
(f)
Employees who have been assigned to work split shifts shall be entitled to combine the total number of hours worked by them per day into one complete shift during regular school closures at Christmas, Easter and summer closure.
Employees must obtain their shift starting time during such periods from the District Office.
8:04
Insert Clause 8.04 (b) as follows:
In the case where a day shift caretaker is absent, the evening shift worker in the same classification, in the same building, may be rescheduled.
8:11
Insert Clause 8.11 (b) as follows:
Where requested, Bus Drivers may be given the opportunity to become Bus Driver/Janitors for fill-in purposes only, provided they are qualified and able, as assessed by the Employer, to perform the duties of the job.
10:01
Delete Clause 10.01 (a) and replace with the following:
The following shall be designated as paid holidays:
(i)
New Year’s Day
(ii)
Thanksgiving Day
(iii)
Good Friday
(iv)
Remembrance Day
(v)
Commonwealth Day
(vi)
Christmas Day
(vii)
Memorial Day
(viii)
Boxing Day
(ix)
Civic
Holiday
(x)
* ½ day Christmas Eve
(xi)
Labour Day
(xii)
* ½ day New Year’s Eve
(xiii)
Orangeman’s Day
(xiv)
Three other days in lieu of
St. George’s
, St. Patrick’s Day and Discovery Day to be scheduled by the Employer during the school term, unless otherwise mutually agreed.
* Provided the employee is required to work on Christmas Eve and New Year’s Eve.
All permanent employees, save and except employees on layoff, shall be entitled to the above holidays with pay provided that the employee has worked the last scheduled day immediately prior to and the first scheduled day immediately after the holiday, unless absent due to approved paid leave.
See the
Cormack
Trail
School
Board #4 Previous Collective Agreement Clause 22.06 in Appendix "A".
12:06
Delete Clause 12.06 (b) and replace with the following:
When an employee has used the maximum of sick leave which may be awarded to him/her in accordance with this Agreement, he/she may elect, if he/she is still unfit to return to duty to proceed on annual leave, (including current and accumulated leave), if he/she is eligible to receive such leave.
Employees who have exhausted all available leave with pay may apply for special leave without pay up to a period of twenty-four (24) months.
Medical certificates shall be submitted as required by the Employer.
19.02
Delete Clause 19.02 and replace with the following:
Extended Unpaid Leave
(i)
Upon written request, a permanent employee who has completed
two (2) years
of service shall be granted unpaid leave to a maximum of twelve (12) months, subject to operational requirements and the availability of qualified replacement staff.
Such leaves shall be requested no later than April 30th
in the current year for leaves commencing in the following school year.
No employee shall be eligible for more than twelve (12) consecutive months of unpaid leave at any one time.
An employee must accumulate a minimum of twelve (12) months of service upon return from extended unpaid leave in order to qualify for subsequent periods of extended unpaid leave.
(ii)
While on such leave an
employee shall continue to accumulate service, unless the employee would have been otherwise laid off, for seniority purposes only.
The minimum amount of unpaid leave an employee may
be granted
under this Clause is four (4) weeks.
(iii)
An employee will not be granted unpaid leave to take another position with the same employer whether inside or outside the bargaining unit
21.01
Delete Clause 21.01 (a) and replace with the following:
Subject to the "Loss of Seniority Clause" 21.03 and the "Probationary Clause" 22.01
Employees shall be credited with a full days seniority (regardless of the number of hours work) for each day the employee is required to work, in accordance with the following:
(i)
District #1, 4, and 11 – Current Agreement
(ii)
District #5 – Effective
January 1, 1997
(iii)
District #9 – Effective
April 1, 2001
(iv)
District #6 and 8 – Effective
April 1, 2004
Furthermore, permanent employees will be credited with seniority for any day the school is closed including, but not restricted to, normal school closures, Christmas, Easter and summer break.
21.03
Insert Clause 21.03(g) as follows:
Is declared redundant and has received all redundancy pay entitlement.
Employees who are re-employed in accordance with the provision of 24.01 (c) will not be credited with prior service but will count the seniority from the date of re-employment.
23.03
Delete Clause 23.03 and insert the following:
Role of Seniority in Promotions and Transfers
Both parties recognize:
(a)
The principle of promotion within the service of the Employer;
(b)
that job opportunity should increase in proportion to length of service.
Therefore, when a vacancy occurs or a new position is created within the bargaining unit, applicants shall be given preference on a seniority basis provided the applicant is qualified and able to meet the requirement so for the new position.
See the following School Board previous Collective Agreement References in Appendix "A":
Labrador
School
Board #1 Clause 14.08
Cormack Trail School Board #4 Clause 14.04 and "following statement"
24.01
Delete Clause 24.01(a) and replace with the following:
(a)
Role of Seniority in Layoffs
Both parties recognize that job security shall increase in proportion to the length of service.
Therefore, in the event of a layoff, employees shall be laid off by classification in reverse order of seniority.
An employee shall have the right to displace a junior employee, with the exception of an employee occupying a supervisory position, provided that the employee being retained is qualified and able to meet the requirements in accordance with the provisions of Article 23.
31.01
Delete Clause 31.01 and replace with the following:
It is understood that on occasion schools may be closed for children as a result of severe weather conditions and/or cold weather.
The following shall apply to employees with respect to severe storm conditions.
(a)
If the School Board or designated representative makes an announcement that schools and/or School Board offices and/or bus depots are closed due to severe weather conditions, employees who normally report to work at these sites will not be expected to report to work until it becomes obvious that the weather has cleared and a decision has been made by the School Board or designated representative to recall those employees.
Employees so affected shall suffer no loss of pay or benefits.
(b)
When an employee is unable to report to work because the normal routes of transportation have been closed by the appropriate authorities the employee will suffer no loss of pay nor will the person be required to make up in any way for the loss of time.
(c)
Where, because of adverse weather conditions, the decision to relieve bargaining unit employees originates with an immediate supervisor or district board office as appropriate such employee will receive pay accordingly.
These employees shall not be required to compensate the Employer for such time lost and shall be paid straight time hours as if he/she had worked their normal daily hours.
(d)
Employees who continue to work under adverse weather conditions will receive straight time pay for completion of their normal daily hours.
34.01
Delete Clause 34.01 (b) and 34.01 (c)
34:02
Delete Clause 34.02
34.03
Delete Clause 34.03
34:05
Delete Clause 34.05
34:06
Delete Clause 34.06
34:07
Delete Clause 34.07
34:08
Delete Clause 34.08
34:09
Delete Clause 34.09
34:10
Delete Clause 34.10
SCHEDULE "A"
Delete Schedule "A" and replace with the following:
Employees included in the Bargaining Unit working up to a maximum of thirty-five (35) hours per week
School Board Job Classification
|
Treasury Board Job Classification
|
Pay Level
|
Payroll Clerk 1
|
Payroll Clerk 1
|
SB-21
|
Payroll Clerk 11
|
Payroll Clerk 11
|
SB-26
|
Payroll Clerk 111
|
Payroll Clerk 111
|
SB-28
|
Accounting Clerk 1
|
Accounting Clerk 1
|
SB-21
|
Accounting Clerk 11
|
Accounting Clerk 11
|
SB-24
|
Clerk Typist 11
|
Clerk Typist 11
|
SB-21
|
Clerk 111
|
Clerk 111
|
SB-22
|
Librarian Technician 1
|
Librarian Technician 1
|
SB-23
|
WPEO 1
|
WPEO 1
|
SB-22
|
WPEO 11
|
WPEO 11
|
SB-24
|
Administrative Officer 1
|
Administrative Officer 1
|
SB-30
|
Clerk Typist 111
|
Clerk Typist 111
|
SB-24
|
Clerk Steno 111
|
Clerk Steno 111
|
SB-24
|
Translator
|
Clerk Typist 111
|
SB-24
|
Curriculum Worker
|
Administrative Officer 1
|
SB-30
|
Computer Support Technician (Labrador Only)
|
Computer Support Technician
|
SB-28
|
The above employees and classifications who are currently outside the Bargaining Unit in each School District shall remain outside the Bargaining Unit
Employees included in the Bargaining Unit working up to a maximum of forty (40) hours a week.
School Board Job Classification
|
Treasury Board Job Classification
|
Pay Level
|
Utility Worker 1
|
Utility Worker 1
|
SB-15
|
Utility Worker 11
|
Utility Worker 11
|
SB-17
|
Maintenance Repair/Caretaker
|
|
SB-24
|
Maintenance Repairman I
|
Maintenance Repairman I
|
SB-18
|
Maintenance Repairman II
|
Maintenance Repairman II
|
SB-22
|
Heavy Equipment Mechanic
|
Heavy Equipment Mechanic
|
SB-24
|
Auto Mechanic
|
Auto Mechanic
|
SB-23
|
Automotive Technician
|
Automotive Technician
|
SB-26
|
Heavy Equipment Technician
|
Heavy Equipment Technician
|
SB-26
|
Equipment Operator 1
|
Equipment Operator 1
|
SB-16
|
Equipment Operator 11
|
Equipment Operator 11
|
SB-18
|
Electrician 1
|
Electrician 1
|
SB-24
|
EquipmentOperator 11/Mechanic Helper
|
EquipmentOperator 11
|
SB-18
|
Trades Helper
|
Trades Helper
|
SB-16
|
Electrician 11
|
Electrician 11
|
SB-26
|
Electronic Technician
|
Electronic Technician
|
SB-26
|
Supervisor of Information Technology
|
Supervisor of Information Technology
|
SB-38
|
Computer Support Technician
|
Computer Support Technician
|
SB-28
|
Computer Support Specialist
|
Computer Support Specialist
|
SB-34
|
Storekeeper 1
|
Storekeeper 1
|
SB-19
|
Janitor
|
Utility 11
|
SB-17
|
Caretaker
|
Utility 11
|
SB-17
|
Tradesworker 1
|
Tradesworker 1
|
SB-24
|
Tradesworker 11
|
Tradesworker 11
|
SB-26
|
The above employees and classifications who are currently outside the Bargaining Unit in each School District shall remain outside the Bargaining Unit
Maintenance Foreman is included under Maintenance Repairman II
Employees included in the Bargaining Unit working up to a maximum of forty-five (45) hours
School Board Job Classification
|
Treasury Board Job Classification
|
Pay Level
|
Equipment Operator 11/Maintenance Repairman 1
|
Equipment Operator 11
|
SB-18
|
Equipment Operator 1
|
Equipment Operator
|
SB-16
|
Equipment Operator 11/Maintenance Repairman 11
|
Maintenance Repairman 11
|
SB-22
|
Equipment Operator 11/Utility 11
|
Equipment Operator 11
|
SB-18
|
Carpenter 11
|
Carpenter 11
|
SB-24
|
Bus Foreman
|
Equipment Operator 11
|
SB-22 + $3.57 per bus per week
|
Bus Driver/Foreperson
|
Equipment Operator 11
|
SB-22 + $3.57 per bus per week
|
SCHEDULE "A-1"
Delete Schedule "A-1" and replace with the following:
Avalon West School Board Job Title
|
Treasury Board Classification Title
|
Pay Level
|
Maintenance Foreperson
|
Tradesworker II
|
SB-26
|
Maintenance Repairman
|
Maintenance Repairer
|
SB-18
|
Caretaker Foreperson
|
Maintenance Repairer
|
SB-18
|
Janitor
|
Utility Worker II
|
SB-17
|
Caretaker
|
Utility Worker II
|
SB-17
|
Office Receptionist
|
Word Processing Equipment Operator I
|
SB-22
|
Receptionist/Secretary
|
Word Processing Equipment Operator I
|
SB-22
|
School Secretary
|
Word Processing Equipment Operator I
|
SB-22
|
Accounting Clerk
|
Accounting Clerk I
|
SB-21
|
Accounts Payable Clerk
|
Accounting Clerk I
|
SB-21
|
Purchasing/Budgets Clerk
|
Clerk III
|
SB-22
|
Payroll Clerk
|
Payroll Clerk II
|
SB-26
|
Computer Technician
|
Computer Support Technician
|
SB-28
|
Technology Supervisor
|
Computer Support Specialist
|
SB-34
|
Internet Administrator
|
Computer Support Specialist
|
SB-34
|
Payroll Assistant
|
Payroll Clerk I
|
SB-21
|
Delivery Clerk
|
Equipment Operator I
|
SB-16
|
Stores Clerk
|
DELETE
|
|
The above employees and classifications who are currently outside the Bargaining Unit in each School District shall remain outside the Bargaining Unit.
APPENDIX A:
LABRADOR SCHOOL DISTRICT #1:
2.01
Delete Clause 2.01 and Schedule "A"
2.03
Delete Clause 2.03 (e) and replace with the following:
Extra Curricular Runs
(i)
Bus drivers are required to drive on all charters that commence within the school day.
The wage rate paid to drivers who are required to drive on charters that commence within the school day and extend beyond the normal driving hours shall be as follows:
A driver will receive the regular rate up to 8 hours on a given day and will receive overtime at a rate of time and one half for all hours worked over 8 hours, provided they return on that same day.
(ii)
bus drivers wishing to participate in bus chartering to schools outside normal school hours and to outside groups must inform the Supervisor of Pupil Transportation at the beginning of each school year of their desire to do so.
Drivers indicating that they will participate in such charters must be willing to accept school sponsored charters as well as outside group charters.
The wage rate paid to drivers who participate in charters to outside groups (i.e. not school sponsored charters) will be at the regular rate for 8 hours per day and overtime rate for hours in excess of 8 hours per day or in excess of 40 hours per week.
19.01
Delete 19.01 (a) (b) (c)
22:03
Delete
CORMACK TRAIL SCHOOL DISTRICT 4:
Letter of Intent - Re:
Article 22 -- Paid Holidays, Clause 22.05:
Delete: Hilary Marche; Elaine Gilbert; Sandra McIntosh; and, Mary Ann Perrier.
Letter of Intent - Re:
Article 23 – Annual Leave, Clause 23.01:
Delete: Harold Marsden and Elouise Gilbert.
Letter of Intent - Re: Article 25.11, delete and replace with the following:
This is to verify that the only employee affected by this Article, Payment of Sick Leave Credits is Lucy Lushman.
BAIE VERTE / CENTRAL / CONNAIGRE SCHOOL DISTRICT #5:
3:01
Delete Clause 3.01 and Schedule "A"
6.01
Delete Clause 6.01
20.01
Delete Clause 20.01 (a)
Letter of Intent Re:
Louise Andrews – Delete
LEWISPORTE / GANDER SCHOOL DISTRICT #6:
3:01
Delete Clause 3.01 and Schedule A
6.01
Delete Clause 6.01
20:01
Delete Clause 20.01
Letter of Intent re:
Wade and Ron Jenkins – Delete
VISTA SCHOOL DISTRICT #8:
2.01
Delete Clause 2.01 and Schedule "A"
8.01
Delete Clause 8.01 (a) and Clause 8.01 (c)
8.02
Delete Clause 8.02(a)
8.02
Delete Clause 8.02(b) and replace with the following:
On all days in which a part-time employee is required to work, his or her hours of work will not be less than three (3) hours per day or fifteen (15) hours per week.
This does not apply in cases where employees are called in to replace an employee who is on Early and Safe Return to Work under the Workplace Health, Safety and Compensation Act
.
11.13
Delete Clause 11.13
14.01
Delete Clause 14.01 (c)
Letter of Intent Re:
Vacation Pay – Delete
Letter of Intent Re:
Workers’ Compensation – Delete
Letter of Intent Re:
Work Allocation – Delete
AVALON WEST SCHOOL DISTRICT #9:
4.01
Delete Clause 4.01(a) and replace with the following:
Union and employer agree to incorporate the list as appears in Schedule "A" into 8:01 as long as the exclusion list in Schedule "C", below is maintained.
Schedule "A" – Delete
SCHEDULE "C" – Delete and replace with the following:
CLASSES OF EMPLOYEES EXCLUDED FROM THE BARGAINING UNIT.
Administrative Assistants
|
*Manager of Pupil Transportation (Formerly Supervisor of Transportation)
|
Assistant Directors of Education
|
*Operations Manager (Formerly Supervisor of Operations)
|
Associate Assistant Directors of Education
|
Student Assistants
|
Comptroller
|
Director of Education
|
Confidential Secretaries
|
Human Resource Administrators
|
Contractual Employees
|
Work Term Students
|
Executive Assistants
|
Other employees above the rank of non-working forepersons
|
Teachers
|
Employees governed by other collective agreements
|
*Title Change Only
Other employees above the rank of Non-Working Forepersons
Employees governed by other collective agreements
Delete Clause 4.02 (a) (iv)
Article 12 – Seniority
Delete
15.01
Delete Clause 15.01(a)(i) and Clause 15.01(a)(ii)
Article 17 – Annual Leave
Insert the following:
Agreed to continue to grandparent the employees who were employed and entitled to this Leave as of March 31, 2001.
A list of employees has been provided to local presidents and individual employees have been notified.
17.01
Delete Clause 17.01 and replace with the following:
Full-time employees shall receive an annual vacation with pay in accordance with years of employment as follows:
From one (1) year up to and including eight (8) years, at the rate of one and one-quarter (1 ¼) days per month of employment to a maximum of fifteen (15) days per year; after eight (8) years, at the rate of one and two-thirds (1 2/3) days per month to a maximum of twenty (20) days per year; after sixteen (16) years, at the rate of two and one-twelfth (2 1/12) days per month to a maximum of twenty-five (25) days per year.
19.04
Delete Clause 19.04 (c) and replace with the following:
In the case of the death of an employee’s aunt or uncle an employee employed as of March 31, 2001 and entitled to this leave shall be eligible for one (1) day bereavement leave where the employee attends the funeral.
19.05
Delete Clause
25.06
Delete Clause 25.06 and replace with the following:
For those employees who were employed as at March 31, 2001 time on strike shall not be considered a break in service.
CONSEIL SCOLAIRE FRANCOPHONE DISTRICT #11:
Insert the following:
Article 1 – Recognition:
The Conseil scolaire francophone provincial recognizes the union as the sole and exclusive collective bargaining agent for the following classes of employees:
Maintenance Repairman Trades Worker
|
SB 24
|
School Secretary Clerk Typist 3
|
SB 24
|
Janitor Utility Worker 1
|
SB 17
|
Insert Memorandum of Understanding as follows:
1.
It is agreed that with the exception of the recognition clause noted above, articles contained in Appendix A pertaining to the Cormack Trail School District will apply to the following grand-fathered employees of the Conseil scolaire employed on the island portion of the province:
Mrs. Manon Laverrère
Mr. Ted Rouzes
Mrs. Leah Cornect
Mr. Neil Cornect
Mrs. Anna Marche
Mrs. Lucy Kerfront
2.
It is agreed that with the exception of the recognition clause noted above, articles contained in Appendix A pertaining to the Labrador School Board will apply to the following grand-fathered employees of the Conseil scolaire employed in the Labrador portion of the province:
Ms. Lucille Bell
Mrs. Murielle Malouin
Letter of Intent Re: Article 34 Safety and Health - Delete
Where existing terms and conditions provide, the following amendments are incorporated in the terms and conditions of employment of those collective agreements listed in Schedule A:
1.
Travel on Employer’s Business – Clause
Amend the collective agreement to provide for a formula to replace the automobile allowance as follows:
45.4¢/km for first 9,000 kilometers
31.5¢/km for kilometers in excess of 9,000 kilometers
2.
Notice of Termination or Amendment – Clause
Amend Clause to provide for September 1st
as the first day on which collective bargaining may commence.
3.
Group Insurance Cost Sharing Arrangement – Clause
Agree to place General Service language in those collective agreements which do not reference a 50/50% cost sharing arrangement providing such an arrangement currently exists.
4.
Early and Safe Return to Work Letter
Insert Letter of Intent as follows:
Re:
Early and Safe Return to Work
The parties are encouraged to meet and discuss the opportunity to further explore Early and Safe Return to Work initiatives.
Where practical, these discussions should occur within six (6) months of the signing of this agreement.
5.
Labrador Benefits Agreement – Schedule
Delete and replace with the Labrador Benefits Agreement signed April 4, 2003 and expiring March 31, 2005.
(for example see Schedule J of the General Service Collective Agreement)
6.
Agreements – Schedule
Insert "Health Professionals (NAPE)" in the appropriate schedule (for example see Schedule N of the General Service Collective Agreement)
7.
Memorandum of Understanding – 2001 – Health Insurance
Delete and replace with the following:
MEMORANDUM OF UNDERSTANDING – 2004
HEALTH INSURANCE
There is agreement to extend the benefits of the current group health and insurance plan to temporary employees effective April 1, 2002.
The eligibility criteria at that time were amended as follows:
It is understood and agreed that effective April 1, 2002, eligibility under the group insurance programs, policies 7600 and 3412, is hereby amended to include the following class of employees, subject to the following:
!
Employees who have worked 50% or greater of the normal working hours in the previous calendar year will qualify for group insurance benefits as a condition of employment effective April 1, 2002.
!
Annual review on January 1st
of each year will determine eligibility, continued enrollment or termination of coverage under these programs.
Should an employee terminate employment, all coverages under the programs terminate the date of termination.
!
For the purpose of determining group life insurance coverage, the amount will be based upon twice their annual salary, subject to a minimum amount of $10,000.
!
Employees determined to be eligible by the Employer for coverage under these group programs, based on the number of hours worked in the previous year, will not be required to produce evidence of insurability as enrollment is mandatory and a condition of employment.
As a result of the 2004 round of negotiations, the following was also agreed:
1.
Employees determined to be eligible for coverage under the Atlantic Blue Cross Care Plan shall be continued for the full twelve (12) month period commencing April 1st
of each year as long as they remain actively employed and pay the required premiums.
2.
Temporary employees covered under this Agreement who are determined to be eligible will access group insurance programs that are currently available.
3.
Premiums for these employees must be collected through payroll deductions.
4.
Employees who accessed Maternity, Adoption and/or Parental Leave during the previous calendar year will be allowed to count, for eligibility purposes, the hours worked during such leave by the next senior employee in that period.
5.
Premiums for employees who are off payroll for one (1) or more periods will be recovered from the next cheque unless extenuating circumstances exist.
This procedure for the recovery of premiums applies only to health care groups.
Existing arrangements for the recovery of premiums in other sectors shall continue for the life of that Agreement.
6.
Employees who miss a payroll for reasons other than approved unpaid sick leave are required to pay 100% of the premiums.
7.
Employees on unpaid sick leave are required to present supporting medical documentation to the Employer during the current pay period.
8.
If necessary, a further review of the premium recovery process will occur within six (6) months of the signing of the relevant Collective Agreements.
This wording reflects amendments to the eligibility guidelines only as complete terms and policy conditions are set out in actual contracts on file with the Government of Newfoundland and Labrador, the policyholder.
GROUP INSURANCE COMMITTEE MEMBERSHIP
With respect to the membership of the Group Insurance Committee, it is understood and agreed that the complement of groups represented will remain unchanged throughout the term of this agreement.
STUDENT ASSISTANTS
COLLECTIVE AGREEMENT
between
HER MAJESTY THE QUEEN
IN RIGHT OF NEWFOUNDLAND
THE NEWFOUNDLAND AND LABRADOR
SCHOOL BOARDS ASSOCIATION
and
THE NEWFOUNDLAND AND LABRADOR
ASSOCIATION OF PUBLIC AND PRIVATE EMPLOYEES
9.15
Insert the following:
Failure to Settle Grievance
(a)
Where the grievance procedure has failed to settle the grievance, the parties may elect to have the matter referred to the grievance mediation process of the Department of Labour prior to electing to proceed to arbitration as outlined in Clause 10.01.
If the mediation process fails to resolve the issue, either party may then refer the matter to arbitration in accordance with Article 10.
(b)
Where a grievance is submitted to mediation, such submission shall not in any way affect the time limits or any other provision of the Arbitration Procedure.
10.10
Insert the following:
(a)
Following the appointment of the Arbitrator /Arbitration Board referred to in 10:01 the date for the hearing will be set within six (6) months from the date the Arbitrator / Arbitration Board was appointed with the grievance to be concluded within twelve (12) months from the date the Arbitration Board was appointed.
(b)
In setting the dates for the Arbitration hearing the Arbitrator / Arbitration Board will allow the parties at least four (4) weeks preparation time.
(c)
All actions that impact on time limits referred to in Clause 10.10 will be confirmed in writing and the time limits will be operative from the date of the applicable correspondence and may only be changed by mutual agreement.
Subject to the above, the time limits referred to in this clause shall be mandatory for both parties and failure to follow time limits by either party will result in either dismissal of the grievance by the Association or consenting to the grievance by the Employer.
11.02
Delete Clause 11.02 and replace with the following:
Adverse Report