This is an official version.

Copyright © 2004: Queen’s Printer,
St. John's, Newfoundland and Labrador, Canada

Important Information
(Includes details about the availability of printed and electronic versions of the Statutes.)

Statutes of Newfoundland and Labrador 2004


Statutes of Newfoundland and Labrador 2004 Chapter P-44.1

CHAPTER P-44.1

AN ACT TO PROVIDE FOR THE
RESUMPTION AND CONTINUATION
OF PUBLIC SERVICES

(Assented to May 4, 2004)

Analysis

1. Short title

2. Definitions

3. Actions by union

4. Employees to resume work

5. Terms and conditions of employment

6. Offences and penalties

7. Collection of fine

8. This Act takes priority

Schedule A

Schedule B

Schedule C

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.

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.

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.

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).

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

(d) 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.

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.

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.

This Act takes priority

8. This Act applies notwithstanding the Public Service Collective Bargaining Act.

 

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

 

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.

 

 

 

 

 

 

 

 

 

 

 

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

The Employer shall notify an employee in writing of any dissatisfaction concerning her work within seven (7) working days of occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become part of her record for use against her at any time. This clause shall apply in respect of any expression of dissatisfaction relating to her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer.

12.04 Delete Clause 12.04 and replace with the following:

The Employer shall maintain a seniority list showing the seniority of all employees as determined in accordance with this Article. Copies shall be posted in October, January and June of each school year at the work site in space available for the Association notices and a copy provided to the local president. Employees shall be permitted the right to challenge the accuracy of the seniority list within thirty(30) days. With the exception of a change from temporary to permanent status, this list shall be the only official list for all employee transactions involving the seniority provisions of this Agreement until it is next posted.

12.05 Insert the following:

Subject to 14.05, the Employer shall maintain a call-in list showing permanent, permanent part-time and temporary employees available for call-in. This list shall be updated on a monthly basis. Changes will be effective on the morning after the date following posting.

13.02 Delete Clause 13.02 (b)(ii) and replace with the following:

description of position (to include whether this is a new position or a job posting as a result of additional hours added to an existing position);

14.02 Delete Clause 14.02(a) and replace with the following:

A laid off permanent/permanent part-time employee shall have the right to bump a junior employee in a school within the district provided she is qualified and able to perform the work required.

Insert Clause 14.02(d) as follows:

For purposes of this Article, the normal temporary layoff of school year and seasonal employees such as during Christmas and Easter break will not trigger the bumping procedure of this Agreement, unless there is a permanent reduction in hours of work or abolition of a position.

14.05 Delete Clause 14.05 (b) and replace with the following:

(i) By June 1st of each school year, employees shall be required to advise each school board in writing of the schools in which they will be available to work for the next school year.

(ii) Once the initial allocation of hours have been provided to the School Boards by the Department of Education for the upcoming school year, the employer shall notify as many as is possible permanent and permanent part-time employees by July 30th, as to their placement for September of the upcoming school year.

Where changes are made to the allocation of hours in the School Board before the commencement of the school year, notice of lay-off under 14.04, and postings under Article 15.02 shall be waived and affected employees shall be placed in positions in accordance with their seniority under Article 14.05(a) of this agreement. Once the first day is worked in a position, the provisions under Article 14.05 (a) or Article 15.02 shall no longer be waived.

Delete Clause 14.05 (c)(i) and replace with the following:

(i) Based on seniority, provided the employee is qualified and able to meet the requirements of the position, permanent employees not recalled and temporary employees who are eligible, may be called to fill a temporary position or to replace a permanent or a permanent part-time employee who is granted leave in accordance with the provisions of this Agreement or who is absent on sick leave.

Delete Clause 14.05 (c)(ii) and replace with the following:

(ii) Calling of temporary employees shall be by School Board after the completion of their probationary period with that School Board.

15.02 Delete Clause 15.02 (a) and replace with the following:

With the exception of bussing positions, the minimum hours of work shall be two and one half (2.5) hours per day, effective the start of the 2004-2005 school year.

Delete Clause 15.02 (b) and replace with the following:

Both parties recognize the necessity for programming and scheduling for student needs. Therefore, subject to clause 15.02(a) (i.e. the ability to meet the minimum required hours), the Employer will attempt to minimize overlapping by assigning the maximum number of hours to student assistant positions, except in situations where student programming and scheduling requires otherwise. Overlapping of thirty (30) minutes or less will not be adjusted.

Insert at Clause 15.02 (e) the following:

Where feasible, where student needs and programming are not affected, a Student Assistant may be employed in two (2) schools within the same school system in order to maximize his/her hours of work.

15.04 Delete Clause 15.04 (b) and replace with the following:

Where the Employer determines that an employee is entitled to an unpaid lunch break, the Employer will provide a consecutive lunch break between the hours of 11:00 a.m. and 2:00 p.m., not exceeding the time allotted for the school scheduled lunch break in duration.

17.01 Delete Clause 17.01 (a) and replace with the following:

Subject to 17.01(b), employees covered by this Collective Agreement shall be guaranteed nine (9) paid holidays per annum as declared by the School Board and as identified for each school on their school board=s annual calendar(s).

17.03 Delete Clause 17.03 and replace with the following:

Paid Holiday During Leave

If a paid holiday occurs when an employee is on paid sick leave, the employee shall be paid for the paid holiday and there shall be no reduction from the employee=s sick leave.

21.04 Delete Clause 21.04 and replace with the following:

If a payday occurs during Christmas, Easter or Summer Break, Student Assistants will be paid on the official date of closing for such breaks.

25.03 Insert the following:

Where the Employer requires the wearing of protective clothing or clothing is required in accordance with the Occupational Health and Safety Regulations, the Employer shall provide such clothing free of charge to the employees.

25.04 Insert the following:

Where in the opinion of the Employer a Student Assistant is at risk and requests immunization for Hepatitis B, it shall be provided at the Employer=s expense.

25.05 Insert the following:

The Employer shall provide lab coats, disposable gloves, wet wipes and antibacterial hand cleaner where necessary and applicable.

 

Insert Letter of Understanding Re: Hours of Work Committee

The Employer agrees that the Local President or his/her designate and the Director of Human Resources or his/her designate for each School Board shall meet within two months of the commencement of the school year to review the hours of work assigned to and deployed by the School Board to determine the scheduling procedures and whether overlapping is occurring and how it can be minimized.

This review shall be conducted each school year. The employer will provide time off with pay for the Local President or his/her designate to attend such meetings.

Insert Letter of Understanding Re: Recall

Student Assistants will be recalled in accordance with Clause 14.05 (a). In cases where the welfare of the student is not disadvantaged the Employer will endeavour to provide Student Assistants with a choice of available positions provided the Student Assistant is qualified and able to perform the work required.

Insert Letter of Understanding Re: Scheduling of Breaks (15.04(a))

It is not the intent of the employer to schedule regular breaks at the beginning or end of a shift, except for extenuating circumstances that may occasionally occur.

Insert Letter of Understanding Re: Exceptional Circumstances (15.02(c))

It is agreed that on occasion, exceptional circumstances related to a short term change in the needs of a child may occur. Where in the opinion of the Employer such exceptional circumstances occur, and new hours are allocated to a school, the Employer shall consult with the Union, and where mutually agreed, posting will be waived, and the new hours will be assigned to the senior Student Assistant in the school, where programming and scheduling needs permit.

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:

45.44/km for first 9,000 kilometers

31.54/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.

 

 

 

 

COLLECTIVE AGREEMENT

 

BETWEEN: HER MAJESTY THE QUEEN
IN RIGHT OF NEWFOUNDLAND
(Represented herein by the Treasury Board)

AND: AVALON EAST SCHOOL BOARD
Hereinafter called the Employer,

Party of the First Part

AND: CANADIAN UNION OF
PUBLIC EMPLOYEES, LOCAL 1560

Party of the Second Part

 

8:01 Delete Clause 8.01 (c) (3) and replace with the following:

(c) Expedited Arbitration

(3) Decisions of the Arbitrator will be binding on both parties within the guidelines of the Public Service Collective Bargaining Act.

9:05 Insert the following:

Right to Have Steward Present

Where a supervisor intends to interview an employee for disciplinary purposes, the supervisor shall so notify the employee in advance of the purpose of the interview in order that the employee may contact her steward to be present at the interview.

When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees will be notified that they are entitled, at their request, to have a representative of the Union attend the meeting.

10.03 Delete Clause 10.03 and replace with the following:

Probation and Trial Period

(a) Probation for New Permanent Employees - A newly hired employee shall be on probation for a period of sixty (60) days of work at least thirty (30) of which shall occur during the school year. During the probationary period, the employee shall be entitled to all rights and benefits of this Agreement, except in the case of discharge. Seniority numbers for permanent employees shall be assigned on the original date of employment.

(b) Trial Period - Employees who have received their seniority number and apply for or are transferred to a new classification shall assume their new duties on a trial basis for up to sixty (60) days of work, the first fourteen (14) days of which shall be a familiarization period. Conditional on satisfactory service, the employee shall be confirmed in the position after the trial period. In the event that the successful applicant proves unsatisfactory in the position during the trial period, or if the employee is unable to perform the duties of the new job classification, he or she shall be returned to his or her former position, wage or salary rate without loss of seniority and accrued benefits. Likewise, any other employee promoted or transferred because of the successful applicant's promotion shall be returned to his or her former position, wage or salary. It is understood that this is a trial period not a training period.

10.07 Delete Clause 10.07 (b) (2) and replace with the following:

Any employee who is laid off or bumped in accordance with this Article shall make his or her intention known to the Employer, with respect to bumping, within five (5) working days of being notified of such by the Employer. Notwithstanding any other provision of this Article an employee shall be given no less than 48 hours notice that he/she is to be bumped.

10:11 Delete Clause 10.11 and replace with the following:

Promotions Requiring Higher Qualifications -

Consideration for promotions will be given to the senior applicant who does not possess the required qualifications, but is preparing for qualification which will be completed within the trial period as defined in Article 10.03(b) or such longer period as may be mutually agreed upon between the parties. Such employee reverts to his or her former position if the required qualifications are not met within such time.

15:01 Delete Clause 15.01 and replace with the following:

Sick Leave Defined

Sick leave means the period of time an employee is absent from work with full pay by virtue of being sick, disabled, quarantined because of a contagious disease, or under examination or treatment of a physician, chiropractor, or dentist or because of an accident for which compensation is not payable under the Workplace Health, Safety and Compensation Act.

15:09 Delete Clause 15.09 and replace with the following:

Extension of Sick Leave

Subject to article 27:01 (a) and (b) and the Employer being able to recover monies owing in the event the employee fails to return to work, an employee with more than one (1) year of service who has exhausted his or her sick leave credits shall be allowed an extension of his or her sick leave to a maximum of fifteen (15) working days for each serious illness. Upon his or her return to duty, the employee shall repay the extension of sick leave in full at the rate of one-half of his or her monthly accumulation. No employee shall have his or her services terminated by virtue of having exhausted his or her sick leave credits

16:01 Delete Clause 16.01 and replace with the following:

Negotiation Pay Provision

Representation of the Union for negotiation will not exceed five (5) employees. Those employees shall not suffer any loss of pay when required to leave their employment temporarily in order to carry on negotiations with the Employer. This time shall include a maximum of one (1) working day per negotiating member for preparation of the negotiation proposal.

16:08 Delete Clause 16.08 and replace with the following:

Time Off for Elections

Employees shall be allowed four (4) consecutive hours before the closing of the polls in any Provincial or Municipal election for the purpose of voting. Employees shall be allowed four (4) consecutive hours before the closing of polls in any Federal election for the purposes of voting.

16:10 Delete Clause 16.10 and replace with the following:

Storm Conditions

When weather conditions have dictated that schools have been closed by the Director’s Office, the members of the Union shall report for work if the District Office is remaining open but shall be permitted to leave work in the event the District office closes.

When an employee, through no fault of his or her own, is unable to report for work because of the adverse weather conditions, such employee shall suffer no loss of pay or other benefits, nor shall he or she be required to make up, in any way, for time lost due to not reporting for work. It is expected that employees shall make every reasonable effort to report for work and shall keep the Employer informed of their status.

Notwithstanding the above, employees in the Program Assistant classification shall not be required to report for work, nor shall they suffer any loss of leave thereof.

16:11 Delete Clause 16.11 (e) (iii) and replace with the following:

An Employee who is elected or selected for a full-time position with the Union, or an affiliated organization shall be granted unpaid leave of absence without loss of accrued seniority or benefits for a period of up to two (2) years. Such leave shall, subject to operational requirements, be renewed upon written request to the Employer one (1) month prior to any renewed term of office.

17:04 Insert new Clause 17.04 (e):

Mileage reimbursement for any trades people who provide their own transportation will be paid based on the differential between the employees’ home and the work site and the employees’ home and the employees’ permanent worksite.

28:01 Delete Clause 28.01 and replace with the following:

Co-operation on Safety

The union and the Employer shall comply with all relevant legislation and co-operate in improving rules and practices which will provide adequate protection to employees in hazardous work.

28:02 Delete Clause 28.02 and replace with the following:

Union Employer Safety Committee

The parties agree to the establishment of an Occupational Health and Safety oversight committee composed of three representatives appointed by the employer and three representatives appointed by the union. The committee shall meet quarterly to review matters of immediate concern or issues which are recurring in a work location(s) and which the site OH&S committee has failed to resolve.

Schedule B Delete Item B. Salary Scale Implementation and replace with the following:

Step Progression

1. Employees shall continue to advance one (1) step annually on their respective salary scale for each twelve (12) months of service accumulated after their last preceding step movement.

2. New employees shall advance one (1) step annually on their respective salary scales effective on the date twelve (12) months of service is accumulated, and thereafter from year to year for each additional twelve (12) months of service is accumulated.

3. All employees who are employed for the full school year (which is normally ten (10) months) shall advance to Step Two (2) of their respective salary scales on their first anniversary date after having completed ten (10) months of service and Step Three (3) on their second anniversary date following ten (10) months of accumulated service.

 

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.

 

 

 

 

MASTER COLLECTIVE AGREEMENT

BETWEEN

Her Majesty the Queen
in Right of Newfoundland
(Represented herein 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

 

4.02 Delete Clause 4.02(a) and replace with the following:

Personal Harassment

The Employer and the Union recognize the right of all employees to work in an environment free from harassment and shall work together to ensure that harassment is actively discouraged. All reported incidents of harassment shall be thoroughly investigated as quickly and as confidentially as possible. The Employer and the Union agree to take all steps to ensure that the harassment stops and that individuals who engage in such behaviour shall be appropriately disciplined, up to and including dismissal. The Employer and the Union agree that victims of harassment shall be protected, where possible, from the repercussions which may result from a complaint.

10.06 Delete Clause

14.02 Delete Clause 14.02 and replace with the following:

Seniority List

The Employer shall maintain a seniority list in accordance with Clause 14.01 showing the date upon which each employee=s service with the Board commenced. When applying the seniority provisions of the agreement the lower social insurance number will be used to determine preference where seniority entitlements are equal. A current seniority list shall be sent to the Union and to each employee in September of each year.

The seniority list shall contain:

(a) each employee=s classification.

(b) whether he/she is full-time or part-time or temporary;

(c) the number of days each employee works;

(d) the school and the community in which the employee works;

(e) the employee=s seniority number.

Employees shall be permitted the right to challenge the accuracy of the seniority list within thirty (30) days of a list being sent to each employee and the Union. After the thirty (30) day period the list may only be amended by the addition of new hires and/or deletion due to termination, resignation, retirement or expiry of recall rights. The Union will be advised of any additions or deletions.

14.03 Delete Clause 14.03 (a) and replace with the following

Probation for Newly Hired Employees

A newly hired employee shall be on probation for a period of seventy-five (75) days of work from the date of hiring.

14.04 Delete Clause 14.04 (4) (c) and replace with the following:

Notwithstanding 14.04(b) and 16.08 a temporary employee who refuses to accept three (3) recalls within a twelve (12) month period without valid reasons acceptable to the Employer.

Delete Clause 14.04 (6) and replace with the following:

he/she is declared redundant and has received all redundancy pay entitlement. Employees who are re-employed in accordance with the provision of 16.05(c) will not be credited with prior service but will count the seniority from the date of re-employment.

15.04 Delete Clause 15.04 and replace with the following:

Trial Period

The successful applicant shall be placed on trial for a period up to sixty (60) days of work during the school term. Conditional on satisfactory service, the Employer shall confirm the employee=s appointment after the period of sixty (60) days of work during the school term. In the event that the successful applicant proves unsatisfactory in the position during the trial period or if the employee is unable to perform the duties of the new job classification, he/she shall be returned to his/her former position, wage or salary rate. If a permanent employee is unable to return to his/her former position because the employee=s former permanent position has been declared redundant within the trial period the provisions of Article 16 - Layoffs and Recalls shall apply. Any other employee promoted or transferred because of the rearrangement of positions shall also be returned to his/her former position, wage or salary rate, without loss of seniority. The parties may mutually agree in writing to extend the trial period. Where the Employer and the Union agree the employee may revert to his/her former position prior to the completion of the trial period.

15.10 Insert the following:

Term Contract

When a temporary vacancy occurs in an area of the Board=s jurisdiction and the applicants do not meet the minimum requirements for the position, the parties agree to negotiate a lower classification for the duration of the vacancy.

16.01 Delete Clause 16.01 and replace with the following:

Role of Seniority in Lay-offs

Both parties recognize that job security shall increase in proportion to length of service. Therefore, in the event of lay-off, employees shall be laid off in the reverse order, by classification, provided that those employees being retained have sufficient qualifications to do the work required. Temporary employees shall be laid off before any permanent employees are laid off provided that the permanent employees being retained are qualified and able to perform the work required. No temporary employee shall bump a permanent employee upon lay-off.

16.02 Delete Clause 16.02 (a) and replace with the following:

Employees shall be recalled by classification in the order of their seniority, provided that those employees being recalled have sufficient qualifications to do the work required. Permanent employees shall be recalled before temporary employees provided that the permanent employees being recalled are qualified and able to do the work required.

16.03 Insert the following:

(e) A permanent employee who bumps into a temporary position shall retain his/her permanent status.

(f) Notwithstanding the above, ten (10) month employees shall not bump twelve (12) month employees during annual shutdowns. Annual shutdown, for the purpose of this article, are understood to be Christmas, Easter and summer.

18.03 Delete

19.01 Delete Clause 19.01 and replace with the following:

The decision to relieve or not require bargaining unit employees to report for work because of weather conditions originates at the Board District Office. This decision shall take into consideration advisories by appropriate authorities on road and weather conditions, including but not limited to the Department of Transportation.

Where, because of severe weather conditions, a decision has been made to relieve or not require bargaining unit employees to report for work, such employees will receive pay accordingly.

a) If employees are given permission to leave the job due to extreme weather conditions, they shall not be required to compensate the Employer for such time lost and shall be paid straight time hours as if they had worked the normal full daily shift.

b) Employees who continue to work after permission has been granted according to Clause 19.01 (a) will receive straight time pay for completion of normal daily shift time.

c) When weather conditions have dictated that schools have been closed by the Employer the members of the Union are required to report for work unless otherwise advised directly or in the media. When an employee through no fault of his/her own is unable to report for work because of the adverse weather conditions, such employee shall suffer no loss of pay or other benefits nor shall he/she be required to make up in any way the time lost due to not reporting for work. All bargaining unit employees shall be treated in a fair and consistent manner. It is expected that employees shall make every reasonable effort to report for work and shall keep the Employer informed of their status.

20.04 Delete Clause 20.04 and replace with the following:

Pay for Regularly Scheduled Work on a Holiday

(a) An employee who is not scheduled to work on the holidays outlined in 20.01 shall receive holiday pay equal to one day=s pay. An employee who is scheduled to work shall be paid at the rate of time and one-half (1 2) plus another day off with pay, in lieu of holiday pay, at a time mutually agreed to by the Employer and the employee.

(b) In the event schools are open on a scheduled holiday, these holidays will be worked at regular straight time rates and a day off will be rescheduled to a period when schools are closed. Should an employee be laid off or quit before the holiday is rescheduled, he/she shall be paid for the regular straight time hours worked.

2.01 Delete Clause 22.01 and replace with the following:

Sick Leave Defined

Sick leave means the period of time an employee is absent from work with full pay by virtue of being sick or disabled, exposed to a contagious disease or under examination or treatment of a physician, chiropractor, or dentist or because of an accident for which compensation is not payable under the Workplace Health, Safety and Compensation Act.

34. 25 Insert the following:

"School Term" means the period from school opening in September to school closing in June of each year.

Delete Letter of Intent at Page 76 Re: Past Practice District 3

Delete Letter of Intent at Page 80 Re: Oil Burner Technician District 2

Delete Letter of Intent at Page 83 Re: Hours of Work

Delete Letter of Intent at Page 84 Re: Trades Study

Delete Letter of Intent at Page 89 Re: Job Class Maintenance I

Delete Letter of intent at Page 91 Re: Lead Bus Drivers District 7 and replace with the following:

Said employees shall be red-circled until such time as the classification SB-22 reaches the hourly wage rate of $16.08.

Insert Memorandum Of Understanding Re: Transportation of New School Busses to Depot

It is agreed that in instances where it is required to transport new school busses from delivery points within the Province of Newfoundland and Labrador, bargaining unit employees who are qualified and able will perform such duties based on seniority on a rotational basis.

Such work will be conducted within the terms and conditions of purchase with the vendor.

 

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:

45.44/km for first 9,000 kilometers

31.54/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.

 

 

 

 

COLLECTIVE AGREEMENT

COLLEGE OF THE NORTH ATLANTIC
SUPPORT STAFF AGREEMENT

BETWEEN

HER MAJESTY THE QUEEN IN RIGHT OF NEWFOUNDLAND
represented herein by Treasury Board;

THE BOARD OF GOVERNORS OF THE COLLEGE OF THE NORTH ATLANTIC

AND

THE NEWFOUNDLAND ASSOCIATION OF PUBLIC EMPLOYEES

 

4.05 Delete Clause 4.05 and replace with the following:

The Employer shall undertake to investigate alleged occurrences with all possible dispatch. The Employer and the union agree the victim shall be protected from repercussions which may result from his/her complaint.

5.01 Delete Clause 5.01 (l) and replace with the following:

"layoff" means a temporary cessation of employment due to a lack of work or abolition of a post. Employees who have a reduction in their hours of work shall have access to the lay-off provisions of Article 40.

Delete Clause 5.01 (x) and replace with the following:

"service" means any period of employment excluding overtime either before or after the date of signing of this Agreement in respect of which an employee is in receipt of salary or wages from the Employer and includes periods of special leave without pay not exceeding twenty (20) working days in the aggregate in any year unless otherwise specified in this Agreement. (U4 agreed to E1)

Delete Clause 5.01 (y) and replace with the following:

"Seniority" means the length of service an employee has with the Employer in a bargaining unit position which is paid on the CN Scale, or service in a non-supervisory position which is paid on a Management Pay Plan, and subject to Clause 37.02, shall date from the last entry into employment with the Employer. Seniority shall also include the seniority an employee had accumulated in an MOS, GS or CI position with the Provincial Colleges. New employees hired after July 1, 2004 into non-bargaining unit CN positions or non-supervisory non-management positions paid on the Management Pay Plan shall not have such service counted for seniority should they obtain a bargaining unit position.

6.01 Delete Clause 6.01 and replace with the following:

The Employer recognizes the union as the sole and exclusive bargaining agent for all classes of employees listed in Schedule AC@ but excluding from such classes special groups as listed in Schedule AD@.

10.04 Delete Clause 10.04 and replace with the following:

Where a Shop Steward is available, the employee will be introduced to him/her within one (1) month.

12.01 Delete Clause 12.01, Step I, and replace with the following:

Step I

The aggrieved employee shall, within five (5) working days of the occurrence or discovery of the incident giving rise to the alleged grievance, submit a grievance to a Shop Steward.

Delete Clause 12.01, Step II, and replace with the following:

Step II

If the Shop Steward considers the grievance to be justified, the employee concerned, together with the Shop Steward, or the Steward alone if the employee wishes, may, within five (5) days following receipt of the grievance by the Shop Steward, submit the grievance in writing to the employee's non-bargaining unit supervisor.

Delete Clause 12.01, Step III, and replace with the following:

Step III

If the employee fails to receive a satisfactory answer to the grievance within five (5) days after the filing of the grievance at Step II, the employee may, within a further five (5) days submit the grievance in writing to the President or designate who, for the purpose of investigating the grievance, shall form a committee consisting of four (4) persons, comprising an equal number of Employer and Union representatives. The Union shall appoint its two (2) representatives to the committee and advise the Employer at the time when the grievance is submitted to the President or designate. The Employer shall appoint two (2) representatives and notify the Union within ten (10) days of the names of the Employer representatives on the Grievance Committee. One of the Employer's representatives shall chair the meeting(s). The committee shall be entitled to interview such persons as it deems necessary for the investigation of the grievance and shall give its decision in writing to the grievor within ten (10) days of receipt of the grievance. The committee's report shall consist of the joint decision of the committee where the committee members agree to a solution. If the matter is not mutually resolved by the committee, then the Employer's representatives will send their position, along with a brief summary of the committee's deliberations, to the union, with a copy being sent to the grievor.

14.01 Delete Clause 14.01 (b) and replace with the following:

The regularly scheduled hours of work for employees of District 7 employed in the classification Security Guard shall be forty-two (42) hours per week and twelve (12) hours per day, exclusive of meal breaks.

21.01 Insert Clause 21.01 (c) as follows:

For the purpose of this Article, a "common-law spouse" relationship is said to exist when, for a continuous period of at least one (1) year, an employee has lived with a person of the opposite or same sex, publicly represented that person to be his/her spouse and lives and intends to continue to live with that person as if that person were his/her spouse.

23.01 Delete Clause 23.01 and replace with the following:

Sick leave means a period of time that an employee has been permitted to be absent from work without loss of pay by virtue of being sick, disabled, quarantined, or because of an accident for which compensation is not payable under the Workplace Health, Safety and Compensation Act, RSNL1990 Chapter W-11.

24.05 Delete Clause 24.05 and replace with the following:

The Employer will endeavor to provide child care services for its employees wherever possible.

29.01 Delete Clause 29.01 (a) and replace with the following:

All employees shall be covered by the Workplace Health, Safety and Compensation Act, RSNL1990 Chapter W-11.

Delete Clause 29.01 (b) and replace with the following:

An employee who is unable to perform the employee=s duties because of a personal injury received in the performance of the employee=s duties shall report the matter to the employee=s Supervisor and submit an account of the accident using the prescribed form as soon as possible. An employee=s claim will not be delayed where the prescribed form is not immediately provided to the employee through the Supervisor.

Delete Clause 29.01 (c) and replace with the following:

An employee who is unable to perform the employee=s duties because of a personal injury received in the performance of the employee=s duties shall be immediately placed on Injury on Duty Leave and receive compensation in accordance with the provisions of the Workplace Health, Safety and Compensation Act, RSNL1990 Chapter W-11. If the claim is subsequently denied by the Workplace Health, Safety and Compensation Commission, the employee may access other available benefits including sick leave and annual leave.

29.02 Delete Clause 29.02 (a) and replace with the following:

In the event that the employee dies as a result of an injury received in the performance of the employee=s duties, the employee=s estate shall receive all death benefits owing to the employee in accordance with the provisions of the Workplace Health, Safety and Compensation Act, RSNL1990 Chapter W-11, in addition to any benefits the employee would be eligible for under the Public Service Pensions Act, 1991.

Delete Clause 29.02 (b) and replace with the following:

In the event that an employee becomes permanently disabled or incurs a recurring disability as a result of an injury received during the performance of the employee=s duties the employee will receive benefits in accordance with the provisions of the Workplace Health, Safety and Compensation Act, RSNL1990 Chapter W-11.

29.05 Delete Clause 29.05 and replace with the following:

The Employer determines whether its employees will be covered directly by the Workplace Health, Safety and Compensation Commission or indirectly through a "self-insured" arrangement. Benefits under either arrangement are to be in accordance with the provisions of the Workplace Health, Safety and Compensation Act, RSNL1990 Chapter W-11.

33.03 Delete Clause 33.03 and replace with the following:

Adverse Report

Where the Employer notifies an employee in writing of any dissatisfaction concerning his/her work or otherwise which may affect the employee=s standing with the Employer, such notification shall be given within five (5) working days of the event of the complaint or discovery of the complaint. If this procedure is not followed, such expression of dissatisfaction shall not become part of his/her record for use against him/her at any time. If an investigation is required the time constraints referenced in the Article shall commence upon completion of the investigation.

37.01 Delete Clause 37.01 and replace with the following:

Seniority means:

(a) the length of service an employee has with the Employer in a bargaining unit position which is paid on the CN Pay Scale, or service in a non-supervisory position which is paid on a Management Pay Plan, and shall date from the last entry into employment with the Employer. Seniority shall also include the seniority an employee had accumulated in an MOS, GS or CI position with the Provincial Colleges. New employees hired after July 1, 2004 into non-bargaining unit CN positions or non-supervisory non-management positions paid on the Management Pay Plan shall not have such service counted for seniority should they obtain a bargaining unit position.

(b) Seniority for employees placed back into the Bargaining Unit:

An employee whose position is outside the Bargaining Unit and whose position is negotiated into the Bargaining Unit by the parties or whose position is included in the Bargaining Unit by the Labour Relations Board, shall be given seniority equivalent to the employee=s length of service with the Employer (either inside or outside the Bargaining Unit) but excluding overtime as long as he/she remains in the same classification. Should the employee apply for another position within the Bargaining Unit, the seniority of that employee shall commence from the date that the employee was included in the Bargaining Unit. Should the employee be subjected to layoff, he/she would only have seniority from the date that he/she was included in the Bargaining Unit.

(c) service during the first thirteen (13) months of a permanent appointment to a supervisory position on a Management Pay Plan.

38.05 Delete Clause 38.05 (a) and replace with the following:

All vacancies identified in accordance with Clause 38.01(a), will be posted within the public service prior to outside applicants being considered, except where in the opinion of the Public Service Commission, it is not in the public interest to comply with this provision.

Delete Clause 38.05 (b) and replace with the following:

Whereas the parties recognize:

(i) opportunity for promotion should increase with length of service;

(ii) the parties therefore agree that in evaluating candidates who have been recommended by either the Public Service Commission or a chair of a College selection committee for promotion, the President or his/her designate shall consider three (3) criteria: qualifications, ability and seniority;

(iii) where the recommended candidates are evaluated as being relatively equal in accordance with Clause 38.05(b)(ii), the senior recommended candidate shall be selected for appointment.

For the purpose of this clause promotion shall include the movement of employees from one status, (permanent, sessional, or temporary) to another. Employees who remain on the same salary scale after promotion shall have no adjustment to salary.

40.01 Delete Clause 40.01 (1) and replace with the following:

(a) Employees exercising their rights must be qualified and able to perform the duties of the position they intend to occupy.

(b) All employees hired after July 1, 2004, will earn seniority if occupying a bargaining unit position, but will not be eligible for bumping or recall unless they have acquired their position in accordance with Article 38 of this Agreement.

40.01 Delete Clause 40.01 (3) (c) (v) and replace with the following:

If, after exhausting the options outlined above, a permanent or sessional employee has not been able to bump, then the employee shall be entitled to bump as follows:

(i) A less senior employee in the affected classification in the Province;

or

(ii) A less senior employee in an equivalent or lower classification in the Province.

40.01 Delete Clause 40.01 (3) (e) and replace with the following:

Notwithstanding 3 (c) above, a sessional employee shall not be permitted to bump, nor shall they have rights of recall to positions other than their sessional position when laid off as part of their regular sessional appointment. Should a sessional employee not be recalled when the regular sessional recall occurs, that employee shall have the option to bump in accordance with (c) above for ten (10) days from the date of the regular sessional recall.

49.04 Delete Clause 49.04 (b) and replace with the following:

Maintenance and general workers will continue to receive the present allotment of work clothes and other wear items as listed in Schedule "E".

50.03 Delete Clause 50.03 and replace with the following:

Employee Assistance Program

Without detracting from the existing rights and obligations of the parties recognized in other provisions of this Agreement, the Employer and the Union agree to co-operate in encouraging employees affected with alcohol, drug or other personal problems to undergo a co-ordinated program directed to the objective of their rehabilitation. The Employee Assistance Program co-ordinated by the Public Service Commission shall continue to operate to meet the joint objective described above. Any changes to the Program must have the approval of both parties.

50.07 Delete

SCHEDULE "C" - CLASSIFICATION LIST:

Agree to Update

SCHEDULE "L" - LABRADOR BENEFITS AGREEMENT

Delete Schedule "L" and replace with the Labrador Benefits Agreement signed April 4, 2003 and expiring March 31, 2005.

SCHEDULE "M" - LIST OF CAMPUSES AND REGIONS FOR BUMPING AND RECALL PURPOSES

Delete Region 7, Number 15 and replace with the following:

St. John=s Campus (includes Prince Philip Dr. and Ridge Rd.)

Memorandum of Understanding - Power Engineers and Security Guards Work Schedule - District 7 - Delete

Memorandum of Understanding - Long-Term Temporary Employees - Delete

Insert Letter of Understanding as follows:

The Employer agrees that the hours of work for the position of Power Engineer 4th Class - Shift in Charge remain at 42 hours per week provided Mr. Robert Walsh continues to occupy the position.

Insert Letter of Understanding as follows:

The Parties agree to the formation of a committee consisting of two (2) Employer and two (2) Union representatives to review and revise Schedule "E". Any revisions to the Schedule "E" must be mutually agreed upon between the parties. Where the parties are unable to agree on proposed revisions, the provisions of Schedule "E" of the 2001/2004 Collective Agreement will prevail. Any revisions will be effective April 1, 2005 and will not result in any additional costs to the Employer. The Committee will complete its work within six months of the date of signing of the Collective Agreement. There shall be no cost associated with the Committee's work.

Insert Letter of Understanding 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.

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:

45.44/km for first 9,000 kilometers

31.54/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.

 

 

 

 

MAINTENANCE AND OPERATIONAL SERVICES
COLLECTIVE AGREEMENT

BETWEEN

HER MAJESTY THE QUEEN IN RIGHT OF NEWFOUNDLAND,
represented herein by the Treasury Board;

THE C.A. PIPPY PARK COMMISSION,

of the one part;

AND

THE NEWFOUNDLAND AND LABRADOR
ASSOCIATION OF PUBLIC AND PRIVATE EMPLOYEES

of the other part.

 

Delete Clause 2.01 (w) and replace with the following:

2.01 (w) "service" means any period of employment, excluding overtime, either before or after the signing of this Agreement in respect of which an employee is in receipt of salary or wages from the Employer and includes periods of special leave without pay not exceeding twenty (20) working days in the aggregate in any year.

Delete Clause 11.03 and replace with the following:

11.03 The permanent head shall, upon the request of the employee, grant time off in lieu of compensation for any overtime worked. Such time off shall be granted at the rates prescribed in Clause 11.01. When time off is granted to the employee, the dates selected shall be mutually agreed upon between the employee and his or her immediate supervisor, and such time off would be granted within twelve (12) months of having earned same. The maximum carry over of compensatory time-off will not exceed eighty (80) hours in any calendar year.

Delete Clause 19.01 and replace with the following:

19.01 (i) Current Agreement

(ii) Portability of Benefits

Employees who are accepted for employment from another Employer or same Employer covered by Schedule H within one hundred and twenty (120) calendar days of resignation shall retain portability respecting:

(i) accumulated sick leave credits;

(ii) accumulated annual leave entitlements; and

(iii) service for severance pay.

The recognition of the prior benefits shall not exceed the benefits available with the new Employer.

Delete Clause 20.05 and replace with the following:

20.05 For the purpose of this Article, spouse means an employee's husband or wife, including a common-law or same sex partner with whom the employee has lived with for more than one year.

Delete Clause 22.13 and replace with the following:

22.13 A permanent employee who accepts alternate employment with the Employer, as a result of his/her position being abolished, may have the option to return to his or her former classification and Department within two (2) years of accepting such employment, provided a vacancy exists. It shall be the responsibility of the employee to inform the Employer in writing of his or her desire to return to his or her former classification. Once this option is exercised, the employee shall forfeit any further right to return to the position to which he/she had accepted as a result of his/her previous position being abolished.

Delete Clause 26.01 (b) and replace with the following:

26.01 (b) For the purposes of this Article, Injury on Duty Leave pay is the amount that would be determined by the Workplace Health, Safety and Compensation Commission in accordance with the Workplace Health, Safety and Compensation Act.

Delete Clause 26.02 (a) and replace with the following:

26.02 (a) An employee who is injured on duty shall submit a written report, using the "Worker's Report of Accident" form prescribed by the Workplace Health, Safety and Compensation Commission, to his or her supervisor.

Delete Clause 26.03 and replace with the following:

26.03 Where the Workplace Health, Safety and Compensation Commission informs the permanent head that it considers the employee is unable to perform his or her duties because of an injury on duty, the employee shall continue on Injury on Duty Leave subject to regular reports from the Workplace Health, Safety and Compensation Commission, until such time as the Workplace Health, Safety and Compensation Commission considers the employee is able to return to work or that he or she is prevented from returning to work because of a permanent disability. Failure of the employee to provide the Workplace Health, Safety and Compensation Commission with medical reports when requested may result in the employee being placed on Special Leave Without Pay.

Delete Clause 26.05 and replace with the following:

26.05 In the event that an employee becomes:

(a) permanently disabled; or

(b) incurs a recurring disability

as a result of an injury received in the line of duty, the case shall be submitted to the permanent head for determination of the benefits which may be due to the employee. In any case, the benefits shall not be less than those due had the employee been covered under the Workplace Health, Safety and Compensation Act.

Delete Clause 26.06 and replace with the following:

26.06 In the event that an employee dies as a result of an injury received in the performance of his or her duties, his or her estate shall receive all death benefits that he or she would have received had the employee been covered under the Workplace Health, Safety and Compensation Act.

Delete Clause 26.07 and replace with the following:

26.07 In the event that an employee is placed on Injury on Duty Leave pay and/or leave in accordance with the Workplace Health, Safety and Compensation Act as a result of an injury received on duty, he/she will not accrue seniority during any period when he/she would normally have been laid off.

Delete Clause 26.08 and replace with the following:

26.08 Notwithstanding the provisions of 26.01, employees of the C.A. Pippy Park Commission who are injured on the job shall be covered by the Workplace Health, Safety and Compensation Act. Pending a settlement of the insurable claim, the employee shall continue to receive injury on duty leave pay and benefits of this agreement, subject to necessary adjustments.

Delete Clause 28.01 (a) and replace with the following:

28.01 (a) Definition of Seniority

For the purpose of this Article, an employee shall mean a person employed in the Public Service of the Province of Newfoundland and Labrador as defined in Schedule 'C'. Subject to Clauses 23.08 (b), 24.05 (b), and 28.05, seniority shall mean the total length of service in the Public Service as defined in Schedule 'C' in a position on the MOS pay scale.

Delete Clause 28.01 (e) and replace with the following:

28.01 (e) An employee who is appointed to a position outside the bargaining unit shall retain his or her seniority up to the date of leaving the bargaining unit but shall not accumulate any further seniority. Subject to clause 28.05 (e), should the employee return to his or her position within the bargaining unit he or she will continue to accumulate seniority from the date he or she assumes the position, which shall be added to his or her previous seniority accumulation.

Employees temporarily or seasonally appointed outside the bargaining unit shall continue to pay union dues.

Delete Clauses 28.02 (a) and 28.02 (b) and replace with the following:

28.02 (a) Where the Employer determines that a vacancy in a bargaining unit position is to be filled, the Employer shall post notice of the competition for at least seven (7) calendar days in readily accessible places.

(b) All vacancies identified in accordance with Clause 28.02(a), will be posted within the public service prior to outside applicants being considered, except where, in the opinion of the Public Service Commission, it is not in the public interest to comply with this provision.

Delete Clause 28.05 (e) and replace with the following:

28.05 (e) An employee shall forfeit his or her seniority when he or she has been appointed to a management position in excess of twenty-four (24) consecutive months.

Delete Letter #4 and replace with the following:

Letter # 4 Vacancy: Posting

In recognition of the union=s concerns regarding posting requirements for short term positions, the Employer agrees to post, in accordance with Article 28.02, positions within the Department of Transportation and Works, where an employees accumulated service in the specific position exceeds thirteen weeks.

This will be done despite the fact that the short term positions themselves do not meet the definition of a vacancy.

This letter shall be effective the date of signing of this Collective Agreement.

Delete Letter #11 and re-number remaining letters.

Letter # 11 Glenwood Seed Potato Farm 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:

45.44/km for first 9,000 kilometers

31.54/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.

 

 

 

 

COLLECTIVE AGREEMENT

BETWEEN

HER MAJESTY THE QUEEN IN RIGHT OF NEWFOUNDLAND
(REPRESENTED HEREIN 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)

 

2.01 Delete Clause 2.01 and replace with the following:

Management Rights

The Union recognizes and agrees that all the rights, powers and authority both to operate and manage the facilities under the Employer’s control and to direct the working forces is vested exclusively with the Employer except as specifically abridged or modified by the express provisions of this Agreement.

Should a question arise as to the exercise of management's rights in conflict with the specific provisions of this Agreement, failing agreement by the parties, the matter shall be determined by the grievance and arbitration procedure.

3.01 Delete Clause 3.01 and replace with the following:

Bargaining Unit

Subject to the letter titled Bargaining Units – Support Staff, the Employer recognizes the Union as the sole and exclusive bargaining agent for the classes of employees listed in Schedule A but excluding from such classes special groups listed in Schedule A-1.

3.02 Work of the Bargaining Unit

Delete Clause 3.02 (c) and replace with the following

(c) Student Nurses will only be hired after the Employer has endeavoured to recruit Licensed Practical Nurses/Psychiatric Licensed Practical Nurses or Personal Care Attendants, depending on the position to be filled. Student Nurses will only be hired if there are no Licensed Practical Nurses/Psychiatric Licensed Practical Nurses or Personal Care Attendants on layoff. Student Nurses shall be paid at the bottom of the Personal Care Attendant salary scale.

9.08 Insert the following:

Employees who, on their days off, are required by the Employer to attend Labour Management Committee meetings shall be compensated at the rate of straight time for time spent at committee meeting.

11.07 Delete Clause 11.07 (A) and replace with the following:

Settling of Grievances

An earnest effort shall be made by both parties to resolve the grievance at each step of the grievance process outlined below.

Step I

An employee who believes he/she has a grievance shall, with the assistance of a Shop Steward or Union representative, submit his/her grievance in writing within ten (10) calendar days of the occurrence or discovery of the grievance. The grievance shall be submitted to the Employee’s immediate supervisor. The grievance shall outline the details of the nature of the grievance. A meeting shall take place and a written response provided within ten (10) calendar days of receipt of the grievance.

Step II

Failing satisfactory settlement being reached in Step I, the Shop Steward shall, within five (5) calendar days, submit the grievance in writing to the Department Head or Program Director. Within ten (10) calendar days of receipt of the grievance, the Department Head or Program Director shall render his/her decision in writing outlining his/her reasons for the decision.

Step III

Failing settlement being reached in Step II, the Shop Steward shall, within five (5) calendar days, submit the grievance in writing to the Administrator or designate. Within ten (10) calendar days of receipt of the grievance, the Administrator or designate shall render his/her decision in writing outlining his/her reasons for the decision.

 

Step IV

Failing settlement being reached in Step III, either party may refer the grievance to arbitration within fifteen (15) calendar days of the Administrator or designate’s decision in Step III.

11.07(B) Settling of Grievances (Health Care Corporation of St. John’s) Delete

12.12 Delete Clause 12.12 and replace with the following:

Discharge Arbitration

(a) Notwithstanding the above procedure, if there are delays in the appointment of an arbitration board, the parties shall agree upon a mutually acceptable chairperson, set the date for the arbitration hearing and then appoint nominees to the Board who are available to meet on the date set for the arbitration.

(b) A grievance referred to arbitration under Step IV of 11.07, shall be scheduled to commence hearing within six (6) calendar months of the date of such referral.

12.13 Insert the following at Clause 12.13:

Discipline Arbitration

A grievance referred to arbitration under Step IV of 11.07 pertaining to a one (1) month suspension or greater shall be scheduled to commence hearing within twelve (12) calendar months of the date of such referral.

12.14 Renumber Clause 12.13 to 12.14

12.15 Renumber Clause 12.14 to 12.15

13.01 Delete Clause 13.01 (a) (i) and Clause 13.01 (a) (ii) and replace with the following:

(a) The probationary period, for all employees, shall be an accumulation of 487.5 working hours from the date of employment. For the purpose of this clause, time off with pay, approved by the Employer shall be considered as time worked.

13.05 Delete Clause 13.05 and replace with the following:

Adverse Report

The Employer shall notify an employee in writing of any dissatisfaction concerning his/her work within ten (10) calendar days of the event of a complaint. This notification shall include particulars of work performance which led to such dissatisfaction. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time.

The report of an employee shall not be used against him/her after eighteen (18) months have elapsed, providing another warning or reprimand relating to the same or similar offence has not been given within that period. The employee's written reply to such notification of dissatisfaction shall become part of his/her record.

This article shall apply in respect of any expression of dissatisfaction relating to his/her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer. All correspondence pertaining to the adverse report, including the report itself, shall be disregarded and subsequently removed from the personal file after eighteen (18) months. The employee shall be responsible to see that any such documents are removed.

13.06 Personal Files

Delete Clause 13.06 (a) and replace with the following:

(a) There shall be one (1) official recognized personal file, which shall be maintained by the Employer. An employee shall, after making an appointment, be allowed to inspect his/her personal file and may be accompanied by a representative of the Union if he/she so desires. Where an employee’s file is maintained at another facility, the employee shall have the right to request to have his/her file delivered to his/her facility within five (5) working days.

14.08 Insert the following:

Equal Seniority

If the situation should develop whereby two (2) or more employees have the same seniority, the seniority shall be broken by random draw, i.e. drawing names from a hat. A Union representative, together with the individuals whose names are in the hat, or their designates, are entitled to be present with management when the draw takes place.

15.03 Procedure for Filling Vacancies

Delete Clause 15.03 (b) and replace with the following:

(b) (i) Where in the Employer’s opinion, a temporary position is expected to exceed a period of thirteen (13) continuous weeks, or where a position exceeds thirteen (13) weeks, such position shall be posted in accordance with clause 15.01.

(ii) Where a temporary position has a termination date, it shall not be extended by more than thirteen (13) weeks unless mutually agreed between the employee and his/her Employer.

(iii) Where the employee declines an extension, the Employer shall fill the position as per Clause 15.03(b)(i). The thirteen (13) week period shall commence when the employee vacates the position.

15.06 Delete Clause 15.06 and replace with the following:

Promotion Requiring Higher Qualifications

Consideration for promotion will be given to the senior applicant who does not possess the required qualifications, but is preparing for such qualifications prior to filling of a vacancy, and indicates so in his/her application. Such employee will be given an opportunity to qualify within a reasonable length of time not exceeding two (2) months unless there is mutual consent between the Union and the Employer to extend the length of time, but in no case shall the total length of time to qualify for the position exceed thirteen (13) weeks. If the employee has commenced working in the position, they shall have the opportunity to revert to their former position if the required qualifications are not met within such time.

15.07 Delete Clause 15.07 and replace with the following:

Notification of Successful Applicant

Within seven (7) days of the date of the appointment to a vacant position, the name of the successful applicant shall be sent to each applicant and a copy posted on the bulletin board(s) for the Union notices. Applicants may be advised through means of internal electronic mail system where the employer has provided appropriate access to the employee.

15.08 Delete Clause 15.08 and replace with the following:

Incapacitated Employee Provision

(a) An employee who is confirmed as being incapacitated by injury or illness such that he/she cannot perform the duties of his/her position and who is not receiving full benefits from the Workplace Health, Safety, and Compensation Commission:

(i) Will displace the most junior employee in another position within the same bargaining unit classification in the originating facility, provided that he/she is qualified and able to perform the work required and provided that the employee being displaced is less senior;

(ii) If there is no other position within the same bargaining unit classification in the originating facility, then the incapacitated employee will displace the most junior employee in another position within the same bargaining unit classification in another facility operated by the Employer, provided that he/she is qualified and able to perform the work required and provided that the employee being displaced is less senior. However, if this results in the incapacitated employee having to leave his/her community of employment then the incapacitated employee may choose to proceed to (a)(iii);

(iii) If the incapacitated employee is unable to perform the duties of the position in (i) or (ii) above, then he/she will displace the most junior employee in another bargaining unit classification in the originating facility, provided that he/she is qualified and able to perform the work required and provided that the employee being displaced is less senior.

(iv) Should the incapacitated employee be unable to displace into another bargaining unit classification in the originating facility, he/she shall displace the most junior employee in another bargaining unit classification in another facility operated by the Employer;

Should the incapacitated employee be unable to perform the work of the most junior employee, he/she shall displace in the reverse order of seniority.

Prior to an incapacitated employee displacing under (i), (ii), (iii), or (iv) above the Union will be consulted.

(b) (i) The employee who is displaced by the incapacitated employee shall displace the most junior employee in a bargaining unit classification in the facility provided that he/she is qualified and able to perform the work required; provided that the employee being displaced is less senior; and provided that the hours of work are not less than that which he/she was working before unless mutually agreed.

However, if the employee who is being displaced by the incapacitated employee is not the most junior employee in the bargaining unit classification in the facility, then they must displace the most junior employee in the bargaining unit classification in the facility.

(ii) The most junior employee in the bargaining unit classification in the facility who is displaced shall displace the most junior employee in the facility provided that he/she is qualified and able to do the work required; provided that the employee being displaced is less senior; and provided that the hours of work are not less than that which he/she was working before unless mutually agreed.

(iii) If the individual being displaced in (b)(ii) above, is not the most junior employee in the bargaining unit, he/she shall displace the most junior employee in the bargaining unit, providing he/she is qualified and able to do the work required and provided that the hours of work are not less than that which he/she was working before unless mutually agreed.

Should the displaced employee be unable to perform the work of the most junior employee, he/she shall displace in the reverse order of seniority.

(c) For Employers with more than one (1) facility with employees represented by NAPE, an employee who displaces another employee in accordance with Clause 15.08 shall be entitled to displace the most junior employee in a bargaining unit classification at another facility of his/her choice operated by the Employer, only where the employee does not have sufficient seniority to displace the most junior employee in the designated classification within his/her own facility provided he/she is qualified and able to do the work required and provided that the hours of work are not less than that which he/she was working before unless mutually agreed.

(d) Permanent employees shall displace permanent employees. However, if this option is not available, the permanent employee may displace a permanent part-time employee or an employee in a temporary posted position. A permanent employee who displaces into a temporary position shall maintain his/her permanent status.

(e) Temporary employees may only displace temporary employees in their respective department.

(f) For all displacements under Clause 15.08, there shall be a two (2) month trial period in accordance with Clause 15.05.

(g) An employee displacing into a lower paying position shall be "red-circled", provided the employee did not have the option of displacing into another position within his/her own classification in his/her community of employment.

(h) An employee who is displaced by another employee under Clause 15.08, shall be given at least forty-eight (48) hours notice by the Employer that he/she is being displaced.

(i) A permanent employee whose position is displaced under 15.08 shall have the right to accept layoff and be subject to recall rights in accordance with Clause 16.08 and Clause 16.09.

15.14 Permanent Employees to Temporary Positions

Delete Clause 15.14(a) and replace with the following:

(a) Subject to the approval of the Employer, a permanent employee who applies for and is accepted for a temporary position in accordance with clause 15.03 (b)(i) may revert to his/her former position upon completion of the temporary work. The Employer shall notify the employee of its decision before the permanent employee commences the temporary work and such approval shall not be unreasonably denied. Such employee shall maintain his/her permanent status.

18.06 Delete Clause 18.06 and replace with the following:

 

Sharing of Overtime

(a) Overtime hours and callback shall be divided in a fair and equitable manner among employees who normally work in the work area and are qualified to perform the available work.

(b) An employee who is unavailable for overtime, or unable to accept overtime, or declines overtime shall be considered as having worked the overtime and it shall be recorded as such as per Article 18.06(c).

(c) An employee who is unavailable or declines an overtime shall be considered as having worked his/her turn.

(d) Employees not wishing to do overtime shall put forth their desire by March 1st of the preceding year. However, should the Employer exhaust the list of those willing to work overtime, all employees shall be required to work.

(e) Throughout the record period, the Employer will attempt to balance overtime hours equitably. However, should an employee claim he/she has been bypassed on a specific date in the distribution of overtime, and there is a negative difference at the end of the fiscal year between the employee’s overtime hours and the average overtime hours within the normal work area, the employee shall be paid an amount equal to the difference, if the difference exceeds three (3) hours. Such an amount owing shall be paid within thirty (30) days of the fiscal year ending.

20.07 Delete Clause 20.07 and replace with the following:

Christmas and New Year

(a) An employee scheduled to work on Christmas Day shall not be scheduled to work on New Year's Day and shall receive New Year's Eve as a scheduled day off. An employee scheduled to work on New Year's Day shall not be scheduled to work on Christmas Day and Boxing Day and shall receive Christmas Eve as a scheduled day off unless otherwise mutually agreed between the employee and the supervisor.

(b) The parties agree that scheduling flexibility with respect to weekends off shall be required for the four (4) week period that includes Christmas and New Year’s. The parties, where required, may mutually agree to extend this period up to a maximum of six (6) weeks. No employee shall be required to work in whole or in part, more than three (3) weekends of the four (4) or six (6) week period.

(c) The Employer agrees whenever possible, employees who work Christmas of one (1) year shall have Christmas off the following year and employees who work New Year's one (1) year shall have New Year's off the following year unless otherwise mutually agreed between the employee and his/her supervisor.

23.04 Paid Bereavement Leave

Delete Clause 23.04 (a) and replace with the following:

In the case the death of an employee’s mother, father, brother, sister, child, spouse, legal guardian, common-law-spouse, grandmother, grandfather, grandchild, mother-in-law, father-in-law, or near relative living in the same household, three (3) consecutive days;

For the purpose of this Article, a "common-law spouse" relationship is said to exist when, for a continuous period of at least one (1) year, an employee has lived with a person of the opposite or same sex, publicly represented that person to be his/her spouse and lives and intends to continue to live with that person as if that person were his/her spouse.

26.03 Injured Worker Relief Fund

Delete Clause 26.03 and replace with the following:

There is an Injured Worker Relief Fund administered by NAPE.

Letters:

Delete Letter of Understanding Re: Employee Benefits

Insert Letter of Understanding Re: Health Care Professionals’ Scope of Practice

The Scope of Practice of all Health Care Professionals outlines the range of roles, functions, responsibilities and activities that they are educated and/or licensed to perform.

In order to provide cost effective, quality health care to the public, it is desirable that all Health Care Professionals represented by NAPE, including LPNs/PLPNs, perform to their full Scope of Practice. Consideration should be given to allowing all Health Care Professionals to perform functions or tasks that fall within their Scope of Practice.

The Employer supports all Health Care Professionals represented by NAPE, including LPNs/PLPNs, working to their full Scope of Practice, where appropriate. Therefore, the parties are committed to reviewing the Scope of Practice issues within six (6) months of the collective agreement signing. The purpose of this review shall be for the parties to identify issues and concerns related to Scope of Practice.

Insert Letter of Understanding Re: Outstanding Grievances

On an employer by employer basis the union will present a listing of all outstanding grievances. The parties will discuss resolution processes including mediation/arbitration with an aim to addressing outstanding grievances. This shall commence within one year of signing of the collective agreement.

Insert Letter of Understanding Re: Workplace Abuse

A discussion will occur, on an employer by employer basis, between the Employer and the Union to explore the benefits of the Union becoming involved in the investigative process.

Delete Letter of Understanding Re: Transition Agreements and replace with the following:

Within one (1) year of signing the Collective Agreement, the Union and each Employer, on an Employer by Employer basis, shall review their transition agreements to identify the Articles which may be modified.

 

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 kilometres 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.

 

 

 

 

COLLECTIVE AGREEMENT

BETWEEN

HER MAJESTY THE QUEEN IN RIGHT OF NEWFOUNDLAND
(REPRESENTED HEREIN BY THE TREASURY BOARD)

AND

THE NEWFOUDNLAND AND LABRADOR
HEALTH BOARDS ASSOCIATION

AND

CANADIAN UNION OF PUBLIC EMPLOYEES
AND ITS LOCALS
488, 641, 879, 990, 1568, 1581, 1644, 2574

 

1.01 Insert the following:

(4) When interpreting this collective agreement, the parties agree that the respective Transition Agreements between the Union and the regional employers attached in Schedule H must be read in conjunction with the collective agreement.

(5) In the event that there is a conflict between the contents of this agreement and any regulation made by the Employer, the contents of this agreement shall take precedence over the said regulation.

1.02 Insert the following:

(o) "Reclassification" means any change in the current classification of an existing position.

1.02 Delete Clause 1.02(q) and replace with the following:

(q) "Vacancy" means an opening which is either permanent, part-time or of a temporary nature (for more than thirteen (13) weeks as outlined in clause 15.03).

4.02 Insert the following:

Sexual and Personal Harassment

The Employer and the Union consider sexual and personal harassment to be reprehensible and are committed to maintaining an environment in which such harassment does not exist.

4.03 Renumber existing clause 4.02

4.04 Insert the following:

Personal Harassment

Personal harassment is any behaviour by any person in the workplace that is directed at and is offensive to an employee, endangers an employee’s job, undermines the performance of that job or threatens the economic livelihood of the employee.

Personal harassment occurs when an individual uses his/her authority or position, with its implicit power, to undermine, sabotage or otherwise interfere with the career of another employee.

Personal harassment may be defined as repeated, intentional, offensive comments or actions deliberately designed to demean an individual or to cause personal humiliation.

The definition includes such blatant acts of misuse of power as intimidation, threats, blackmail and/or coercion.

Personal harassment of a bargaining unit member shall be investigated.

4.05 Insert the following:

Workplace Abuse

The parties recognize that an employee may be subject to abuse in the course of his/her duties.

Where an employee makes a written complaint of abuse to the Employer, the Employer shall conduct an investigation. Should the Employer determine that the complaint is justified, the Employer shall take such reasonable steps as it considers necessary in the circumstances. The union shall give all reasonable cooperation with an investigation where the complaint is made against a member of the bargaining unit.

11.07 Delete Step 1 and replace with the following:

Step 1 The aggrieved employee shall within seven (7) calendar days after becoming aware of the occurrence of the grievance, submit his/her grievance to the Shop Steward or in the absence of his/her Shop Steward, another Shop Steward may process the grievance.

12.12 Insert the following:

Mediation

Prior to proceeding to arbitration, the parties may avail of the services of a mediator to attempt to resolve the grievance. Additionally, the arbitrator may act as a mediator prior to commencing a hearing with the agreement of the parties. Both parties will equally share the cost of the mediator. Both parties retain access to the complete arbitration process as described in Article 12 of the Agreement where either party does not agree to mediation.

13.01 Delete Clause 13.01 and replace with the following:

Probationary Period

The probationary period will be six hundred and fifty (650) hours in all institutions. The probationary period for part-time and temporary employees shall be equivalent to that of a full-time employee either in working hours or days, whichever is appropriate. If an employee has not completed six hundred and fifty (650) hours of work during this period, his/her probationary period may be extended until he/she actually completes six hundred and fifty (650) hours of work. A temporary employee shall be allowed to accumulate periods of employment in order to complete a probationary period. For the purpose of this clause, time off with pay, excluding workers’ compensation and sick leave, approved by the employer, shall be considered as time worked.

14.04 Delete Clause 14.04 (4) and replace with the following:

(4) He/she is a permanent or part-time employee who fails to return to work within fourteen (14) calendar days following a layoff and having been notified by registered mail to do so, unless through sickness or other just cause. It shall be the responsibility of all employees to keep the Employer informed in writing of his/her current address and telephone number. A permanent or part-time employee recalled for employment of short duration at a time when he/she is employed elsewhere, shall not lose his/her recall rights for his/her refusal to return to work;

15.01 Delete Clause 15.01 and replace with the following:

Job Postings

When a vacancy occurs or a new position is created, including temporary vacancies covering periods in excess of thirteen (13) continuous weeks either inside or outside the bargaining unit, the Employer shall post notices of the positions in accessible places on the Employer's premises for a period of not less than (7) calendar days. Copies of all postings are to be supplied concurrently to the Local Union Secretary. Where an Employer has more than one (1) building, the Employer and Union shall agree on the designation of additional bulletin boards for the purpose of this clause.

15.03 Delete Clause 15.03 and replace with the following:

Procedure for Filling Vacancies

(a) No position will be filled from outside the bargaining unit until the applications of the present employees have been fully processed. All union members with more seniority than the successful applicant who apply for such positions and are unsuccessful shall be provided in writing, upon written request by the union member, with the reasons for the applicant's failure to acquire the position(s). No position of a permanent nature will be filled by keeping temporary employees on in excess of thirteen (13) weeks without posting the position.

(b) Where, in the Employers opinion, a temporary position is expected to exceed a period of thirteen (13) continuous weeks, or where a position exceeds thirteen (13) continuous weeks, such position shall be posted in accordance with clause 15.01.

16.01 Delete Clause 16.01(d) and replace with the following:

(d) A permanent employee whose position is affected by the Employer's decision to layoff shall either accept layoff or displace the most junior permanent employee in his/her classification or another classification provided that his/her hours of work are not changed unless mutually agreed. A displaced employee shall displace the most junior permanent employee in another classification provided that he/she has sufficient qualifications to do the work required and provided that his/her hours of work are not changed unless mutually agreed. An employee displacing into a lower paying position shall maintain his/her rate of pay and be "red circled".

Delete Clause 16.01(g) and replace with the following:

(g) A permanent employee who bumps into a temporary position shall retain his/her permanent status. A permanent employee who has the option to bump into a permanent position upon layoff and chooses to bump into a temporary position forfeits his/her ability to bump into a permanent position in future. A permanent employee may displace a permanent or temporary employee. A temporary employee may only displace another temporary employee.

16.02 Insert the following:

Recall Procedure

(g) Where the Employer has offered a temporary employee a period of employment less than the normal hours of work for the areas and, either prior to or during the period of employment, the Employer offers additional hours up to the hours normally worked in the area, this shall not be considered as a change of shift as per 17.03(d). The temporary employee shall have the option to decline the additional hours above those initially offered, subject to the availability of qualified replacement staff and provided the Employer does not incur any additional cost.

16.06 Insert the following:

(b) No employee shall be permitted to access such a position should the bi-weekly hours of work exceed those of the employee’s original position.

19.02 Insert the following:

Rest Between Shifts

(iii) Shifts of Less Than Eight (8) Hours

There shall be at least twelve (12) hours between shifts unless otherwise agreed to by mutual consent between the employee and the supervisor.

20.10 Insert the following:

Payment for Holidays While of Layoff/Leave of Absence Without Pay

Holidays, as outlined in Clause 20.01 shall not be paid to an employee if the holiday occurs while the employee is on layoff status unless the employee has worked thirty-seven and one-half (37 ½) hours or more in the pay period. No employee will be laid off for the purpose of avoiding payment of a statutory holiday.

21.13 Delete Clause 21.13 and replace with the following:

Annual Leave of Short Duration

Employees shall be permitted to take annual leave of short duration if requested and approved by the Employer. Such requests should be made at least forty-eight (48) hours prior to the vacation day requested off. Such requests will not be unreasonably denied.

21.15 Insert the following:

Vacation Credits for the First and Last Month of Employment

For the purpose of this Article, an employee who is paid full salary or wages in respect of fifty (50) percent or more of the days in the first or last calendar month of his/her service shall, in each case, be deemed to have had a month of service.

22.12 Delete Clause 22.12 and replace with the following:

Sick Leave for Preventative Medical and Dental Care

Employees may be allowed to take sick leave in order to engage in personal preventative medical and dental care. The employee shall be required to show proof of having received such care. The employee must endeavor, to a reasonable extent, to schedule preventative medical and dental care during off duty hours. Employees shall provide and minimum of forty-eight (48) hours advanced notice of his/her appointment, except in extenuating circumstances. Leave under this clause shall be deducted in accordance with Clause 22.03.

22.13 Insert the following:

Sick Leave Credits for the First and Last Month of Employment.

For the purpose of this Article, an employee who receives full salary or wages in respect of fifty (50) percent or more of the days in the first or last calendar month of his/her service computed in full or half (½) days shall, in each case, be deemed to have had a month of service.

23.05 Delete

Family Leave

23.07 Insert the following:

Maternity/Adoption/Parental Leave

(i) Pregnant employees shall not be required by the Employer to be in contact with patients who have a contagious disease, which may put her unborn child at risk.

26.03 Insert the following:

Liability Protection

Employees covered by this agreement shall be covered by the Employer’s general liability insurance in the performance of their assigned duties.

 

Schedule G – Labrador Benefits Agreement

Delete and replace with Labrador Benefits Agreement signed April 4, 2003 and expiring March 31, 2005

Insert the following:

Dear Mr. Farewell:

Re: Exposure to Infectious/Contagious Disease

Where an Employer becomes aware that an employee has been or may have been exposed to an infectious or contagious disease in the performance of his/her duties, the Employer will immediately inform the employee of the potential risk, and of the appropriate protocol to deal with the risk. Costs associated with the initial protocol shall be compensated by the Employer.

Sincerely,

Elizabeth Aylward
Department of Labour Relations

Delete the following:

Letter re: Bargaining Units, at page 165 of the current agreement.

 

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 kilometres 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.

 

 

 

 

COLLECTIVE AGREEMENT

BETWEEN

THE NEWFOUNDLAND LIQUOR CORPORATION

And

THE NEWFOUNDLAND ASSOCIATION OF
PUBLIC AND PRIVATE EMPLOYEES

 

2.01 Delete Clause 2.01(h) and replace with the following:

"Employer" means the Newfoundland and Labrador Liquor Corporation.

Delete Clause 2.01(p) and replace with the following:

"Probationary Period" means the working period starting on the date of commencement into employment with the Employer, and shall be for the duration of:

Permanent Employees - 85 days worked

Part-time Employees - 595 hours worked

Temporary Employees - 595 hours worked

(including non-bargaining unit hours as a temporary employee).

The Union and the Employer may mutually agree to the extension of the probationary period in exceptional circumstances.

Delete Clause 2.01(v) and replace with the following:

"Termination" means the permanent cessation of employment of an employee because:

i) the employee resigns or retires;

ii) the employee is dismissed and not re-instated;

iii) the employee is laid off in excess of twenty-four (24) consecutive months.

Delete Clause 2.01(x) and replace with the following:

"Vacancy" means an opening which is either permanent, part-time or of a temporary nature for more than thirteen weeks.

8.07 Delete Clause 8.07 and replace with the following:

The dismissal of a probationary employee for reasons of incompetence or unsuitability, as assessed by the Employer, is not subject to the grievance and arbitration procedure, but the probationary employee will have the right to the grievance procedure for alleged discrimination.

9.02 Delete Clause 9.02 and replace with the following:

Subject to Clause 9.01, the employees' normal hours of work shall be as follows:

Head Office hours of work shall be 8:30 a.m. to 4:30 p.m., Monday to Friday. Warehouse and Bottling Plant regular hours of work shall be 8:30 a.m. to 4:00 p.m., Monday to Friday.

9.11 Delete Clause 9.11 and replace with the following:

Subject to 18.13 (b), where there is more than one part-time employee in a store any additional hours of work which become available and do not constitute a vacancy will be offered to the senior part-time employee in the store until that employee reaches full-time hours. Other part-time employees in the store, will be offered available hours in order of seniority. In the case of twelve hour shift stores, part-time employees will be offered additional hours as outlined above, except in cases where they are assigned to a particular shift and working the additional hours would require them to change to the other shift.

9.12 Delete Clause 9.12 and replace with the following:

Employees filling full-time vacancies who work two (2) consecutive 11 1/2 hour shifts will be scheduled for two consecutive days off. Temporary employees who are not filling full-time vacancies, will be scheduled for two consecutive days off after working three consecutive 11 ½ hour shifts.

10.03 Delete Clause 10.03 and replace with the following:

The Corporation agrees to make every effort to assure equal distribution of overtime among reasonably available, qualified employees within a branch or sub-department, starting in order of seniority of permanent employees. In the event that permanent employees do not accept the overtime then the Corporation will make every effort to equally distribute overtime to the part-time and then temporary employees currently working in the branch or sub-department, starting in order of seniority in each group. The Corporation reserves the right to require employees to work overtime if insufficient employees accept overtime using the system outlined. The Corporation will make available to the appropriate shop steward the information regarding overtime as outlined in the letter attached to the agreement.

16.05 Delete Clause 16.05

16.06 Renumber Clause 16.06 to 16.05

16.07 Renumber Clause 16.07 to 16.06.

17.01 Delete Clause 17.01 and replace with the following:

(a) The seniority of permanent employees shall date from their last date of entry into employment with the Employer when two (2) or more persons are employed on the same date, the seniority shall be established in order of the earlier date and time the Corporation received their application (if stamped) and if this is equal or unknown, then in order of earlier date their application was signed. A break in service shall not occur because of taking annual leave, sick leave, or other authorized paid or unpaid leave. Permanent employees shall have super-seniority over part-time and temporary employees.

(b) The seniority of part-time employees shall date from their last date of entry into employment with the Employer. When two (2) or more persons are employed on the same date, the seniority shall be established in order of the earlier date and time the Corporation received their application (if stamped) and if this is equal or unknown, then in order of earlier date their application was signed. A break in service shall not occur because of taking of annual leave, sick leave, or other authorized paid or unpaid leave. Part-time employees shall have super-seniority over temporary employees.

(c) The seniority of temporary employees shall not be recognized until completion of the probationary period of 595 hours worked. Upon completion of the probationary period seniority for temporary employees shall date from the last entry into employment with the Employer. When two (2) or more persons are employed on the same date, the seniority shall be established in order of the earlier date and time the Corporation received their application (if stamped) and if this is equal or unknown, then in order of earlier date their application was signed.

17.04 Delete Clause 17.04(e) and replace with the following:

(1) Temporary employees will be laid off and recalled on the basis of seniority within the region or sub-department, provided employees retained in accordance with this procedure are qualified to do the work required.

(2) For the purpose of this clause, there shall be four sub-departments, namely, head office, property, warehouse and bottling plant.

(3) For the purpose of this clause, St. John’s / Mount Pearl shall be one region, Corner Brook shall be another region and every other store shall be a region to itself.

18.01 Delete Clause 18.01 and replace with the following:

Job Postings

Where the Employer determines that a vacancy, either inside or outside the bargaining unit, is to be filled, the Employer shall post notices of the position in accessible places in the Employer’s premises for a period of not less than seven (7) calendar days. Copies of all postings are to be supplied concurrently to the Local Secretary and Local President. When a vacancy occurs in a permanent or part-time position, the Employer will use its best efforts to ensure that the vacancy is posted within two (2) weeks of the determination that it will be filled. For permanent and part-time vacancy competitions in which interviews, testing or additional information is not required, the Employer will use its best efforts to commence making offers of employment in accordance with Clause 18.04, within four (4) weeks of the closing date of the competition.

18.13 Insert the following:

(a) Notwithstanding the provisions of clause 18.04 and subject to the approval of the Employer, a permanent or part-time employee who applies for and is accepted for a temporary vacancy may revert to his/her former position upon completion of the temporary work without loss of benefits. The Employer shall notify the employee of its decision before the permanent or part-time employee commences the temporary work and such approval shall not be unreasonable denied. Employees who are successful in obtaining a permanent position will not be permitted to avail of the provisions of this article to obtain a temporary position of the same classification for a period of 12 months from their date of appointment to that position.

(b) When a part-time employee is successful in obtaining a posted temporary position in another work location under 18.13(a), the employee who is successful accepts that position on the hours that were posted for the position and is not entitled to use his/her seniority as a part-timer to avail of additional hours in preference to the part-time employees regularly assigned to that store.

20.01 Insert the following:

(e) For the purpose of eligibility for earning annual leave at the rates specified in (b) and (c) periods of temporary employment shall be credited on the basis of the accumulation of hours equivalent to those in month of service for permanent employees.

20.12 Delete Clause 20.12 and replace with the following:

(a) Subject to clauses 20.03 and 20.04, vacation schedules shall be posted by May 1st. of each year.

(b) Employees in a department, on consultation with their supervisor, shall determine the method of selecting dates. In the event that all employees do not agree with the method for preference of vacation, it shall be regulated on the basis of seniority up to the total of their current year’s annual leave entitlement.

20.13 Delete Clause 20.13 and replace with the following:

(a) On April 1st of each year, temporary employees who have completed their probationary period and are not enrolled in the Public Service Pension Plan, shall be given an option with respect to annual leave as follows:

(i) To receive payment for annual leave on their bi-weekly pay cheque throughout their period of employment; or

(ii) To earn annual leave credits on a pro-rata basis.

If the employee fails to notify the Employer of a choice, option (i) will be assumed. Employees will not be permitted to receive pay for annual leave credits earned under (ii) unless they terminate employment.

(b) Probationary temporary employees will receive payment for annual leave as per 20.13(a)(i) and temporary employees who are members of the Public Service Pension Plan will receive annual leave credits as per 20.13(a)(ii).

24.01 Delete Clause 24.01(b) and replace with the following:

Subject to operational requirements and availability of qualified replacement staff, a permanent, part-time or temporary employee with at least two years of service shall be granted unpaid educational leave of the amount requested not exceeding two (2) years unless mutually agreed between the employee and the Employer. The employee shall not accrue any benefits of the Collective Agreement, except service for seniority.

 

Schedule "A" – Classification List

Delete Schedule "A" and replace with the following:

SCHEDULE A

CLASSIFICATION LIST

CLASSIFICATION

SALARY LEVEL

LIGHT EQUIPMENT OPERATOR

NLC - 16

PRODUCTION LINE WORKER

NLC - 17

LIQUOR SALES CLERK

NLC - 19

LIQUOR WAREHOUSE WORKER

NLC - 19

CLERK II

NLC - 21

CLERK TYPIST

NLC - 21

ACCOUNTING CLERK I

NLC - 21

CLERK III

NLC - 22

DATA CONTROL CLERK

NLC - 22

LIQUOR BLENDER

NLC - 22

ACCOUNTING CLERK II

NLC - 24

TRADES WORKER I

NLC - 24

TRADES WORKER II

NLC - 26

TRADES WORKER III

NLC – 26

PURCHASING OFFICER

NLC - 28

 

Schedule "B" – Labrador Benefits

 

Delete Schedule "B" and replace with the Labrador Benefits Agreement signed April 4, 2003 and expiring March 31, 2005.

Delete Memorandum of Understanding at p.83 of Small Book and replace with the following:

MEMORANDUM OF UNDERSTANDING

Between Newfoundland Liquor Corporation and Newfoundland Association of Public and Private Employees with respect to:

The work of employees on Christmas Eve and New Year’s Eve

Where an employee is required to work beyond 2:00 p.m. on Christmas Eve and 2:00 p.m. on New Year’s Eve, he/she shall receive compensation at the rate of double time and one-half (2 ½) the regular rate for each hour worked in addition to his/her regular rate of pay.

Memorandum of Understanding p.85, & 89-90 of Small Book

Delete the following:

Memorandum of Understanding Re: Pensions, Classification Plan, Health Insurance, Occupational Reviews

The Corporation and the Union agree to the applicable terms of the Memorandum of Understanding between Treasury Board and NAPE which follows, provided that nothing in the following will reduce existing benefits of the bargaining unit.

Delete the following:

Memorandum of Understanding –2001
Occupational reviews

 

Insert the Following:

MEMORANDUM OF UNDERSTANDING

Re: Bottling Plant Hours of Work

The Corporation and the Union agree that it is in the mutual best interests of both parties for the Corporation to pursue bottling contracts that will increase the production requirements of the Bottling Plant. It is also agreed that it may be necessary to increase regularly scheduled hours of operation in order to meet this increased demand on a competitive basis.

The parties agree that a joint Union -Management committee will explore options for changes to hours of work that would facilitate this mutually beneficial objective. Any changes that are agreed upon by both parties within this committee and ratified at the appropriate levels will be implemented, notwithstanding the provisions of Article 9 --- Hours of Work and Article 10 --- Overtime.

The Corporation agrees to give a minimum of one week’s notice of the temporary introduction of a second shift to meet pressing production requirements. The following conditions would apply:

! The Regular Shift will operate from 8:30 a.m. to 4:00 p.m. Monday to Friday. An Alternate Shift, when necessary, will operate outside the Regular Shift hours.

! Current permanent Production Line Workers assigned to the Regular Shift will have the option to remain on the Regular Shift and will not be required to work the Alternate Shift, except if necessary during the initial operating of the Alternate Shift to allow for training of new staff.

Letters

p. 91 Re: Policy Grievance, Clause 10:03 –Delete

p. 98 Re: Store Closures

Delete and replace with the following:

This will confirm our understanding reached at negotiations with respect to store closures:

(a) The Corporation agrees that it will not convert any of its retail liquor stores to private agency stores during the period April 1, 2004 – March 31, 2008. The Corporation further agrees that no additional store closures will occur during the same time period.

(b) Notwithstanding (a) above, if the Employer opens any new store over and above any existing Corporation stores, and at a later date decides to close the new store, or decides to relocate a Branch (Retail Store) to another nearby town or municipality, then the permanent and part-time employees of those stores will be continued in permanent and part-time employment.

p. 99 Re: Compressed Work Week (Stephenville) – 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 kilometres 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.

 

 

 

 

LABORATORY AND X-RAY
COLLECTIVE AGREEMENT

BETWEEN

HER MAJESTY THE QUEEN IN RIGHT OF NEWFOUNDLAND
(REPRESENTED HEREIN BY THE TREASURY BOARD)

AND

THE NEWFOUNDLAND AND LABRADOR
HEALTH BOARDS ASSOCIATION

AND

THE NEWFOUNDLAND AND LABRADOR ASSOCIATION
OF PUBLIC AND PRIVATE EMPLOYEES

 

1.02 Patient Care

Delete Clause 1.02 and replace with the following:

The parties to this Agreement share a desire to improve the quality of patient care in the hospital and community and to promote the well-being of employees to the end that the patients of the hospital will be well and efficiently served.

3.01 Bargaining Unit

(a) Delete Clause 3.01(a) and replace with classification list effective date of signing.

(b) Delete Clause 3.01(b) and replace with the following:

The parties agree that Technologist III and IV classifications in each of the Laboratory and X-Ray Departments shall be included in the bargaining unit.

9.07 Insert the following:

Mediation

Prior to proceeding to arbitration, the parties may avail of the services of a mediator to attempt to resolve the grievance. Additionally, the arbitrator may act as a mediator prior to commencing a hearing with the agreement of the parties. Both parties will equally share the cost of the mediator. Both parties will retain access to the complete arbitration process as described in Article 9 of the agreement where either party does not agree to mediation.

26.02 Paydays

Delete Clause 26.02(b) and replace with the following:

(b) Retroactive payment will either be made by separate payment or on the regular payday with a detailed statement outlining the retroactive benefits.

26.03 Essential Employees Salary and Other Conditions

Delete Clause 26.03

41.02 Injured Worker Relief Fund

Delete Clause 41.02

Schedule F – Labrador Benefits Agreement

Delete Schedule F and replace with Labrador Benefits Agreement signed April 4, 2003 and expiring March 31, 2005.

Sick Leave Task Force

Delete (Do not replace with Global Issues Committee)

 

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 kilometres 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.

 

 

 

 

COLLECTIVE AGREEMENT

BETWEEN

HER MAJESTY THE QUEEN IN RIGHT OF NEWFOUNDLAND
(REPRESENTED HEREIN 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)

 

4.01 Delete Clause 4.01 and replace with:

Management Rights

The Union recognizes and agrees that all the rights, powers and authority both to operate and manage the workplace under the Employer’s control and to direct the working forces is vested exclusively with the Employer except as specifically abridged or modified by the express provisions of this Agreement.

Should a question arise as to the exercise of management's rights in conflict with the specific provisions of this Agreement, failing agreement by the parties, the matter shall be determined by the grievance and arbitration procedure.

7.05 Delete Clause 7.05 and replace with:

Shop Stewards

(a) The Union shall be permitted to appoint one (1) shop steward per Employer for every fifty (50) employees or part thereof. The number of shop stewards may be amended with the mutual consent of the Employer and the Union.

(b) With the prior written approval of the administrator, special leave with pay not exceeding seven and one-half (7.5) hours in each year, shall be awarded to each shop steward for the purpose of attending educational seminars. Leave in accordance with this clause is not transferable.

8.03 Delete Clause 8.03 and replace with:

Processing of Grievances

(a) Shop stewards shall suffer no loss in pay for the time spent processing grievances or attending meetings with the Employer's representative.

(b) The Union and its representatives shall have a right to originate a grievance on behalf of an employee, or group of employees, and to seek adjustment with the Employer in the manner provided in the Grievance Procedure. Such a grievance shall commence at Step 2. A representative of the Employer shall have the right to initiate a grievance which shall be filed with the provincial president of the Newfoundland Association of Public and Private employees. The provincial NAPE president shall render his/her decision within ten (10) calendar days of the receipt of the Employer’s grievance. If the matter is not settled, either party may refer the dispute to arbitration within fifteen (15) calendar days of the provincial NAPE president’s decision.

8.15 Delete Clause 8.15

Union May Institute Grievances

10.03 Suspension and Discharge Procedure

Delete Clause 10.03(b)

Clause 10.03 (c) Change reference from 10.03 (c) to 10.03 (b)

10.04 Delete Clause 10.04 and replace with

Adverse Report

The Employer shall notify an employee of any event or complaint giving rise to concerns with respect to his/her employment within seven (7) calendar days of becoming aware of the event or complaint. Within a further fourteen (14) calendar days the Employer will investigate the matter and notify the employee, in writing, of any determination of dissatisfaction with his/her employment. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time.

Further, whenever the Employer advises an employee of concerns about his/her work and that failure to bring his/her work up to a required standard by a given date, the Employer will provide the employee with the particulars of the concern, in writing, within fourteen (14) calendar days thereafter. If this procedure is not followed, such expression of dissatisfaction shall not become a part of his/her record for use against him/her at any time.

Such written reports as referenced above shall not be used against an employee after eighteen (18) months have elapsed, provided another warning or reprimand relating to the same or similar offence has not been given within that period. The employee's written reply to such notification of dissatisfaction shall become part of his/her record.

This article shall apply in respect of any expression of dissatisfaction relating to his/her work/employment or otherwise which may be detrimental to an employee's advancement or standing with the Employer. All correspondence pertaining to the adverse report, including the report itself, shall be disregarded and subsequently removed from the personal file after eighteen (18) months. The employee shall be responsible to see that any such documents are removed.

10.06 Delete Clause 10.06 and replace with the following:

Personal Files

(a) There shall be one (1) official recognized personal file and this file shall be maintained by the Employer. An employee shall, after making an appointment, be allowed to inspect his/her personal file and may be accompanied by a representative of the union if he/she so desires. A copy of any document placed in an employee's official personal file, which might at any time be the basis of disciplinary action, shall be supplied concurrently to the employee who shall acknowledge having received the same document by signing the file copy.

(b) Consultation of File

An employee who has been terminated may consult his/her personal file within twenty-one (21) days of the date of his/her termination after making an appointment and during regular working hours. Any employee involved in an arbitration hearing shall have the right to copy all documents contained in his/her personal file.

10.10 Delete Clause 10.10

Warnings

14.07 Delete Clause 14.07 and replace with the following language:

Medical Care Leave

Employees may be allowed to take sick leave in order to engage in personal medical and dental care. Employees may be required to show proof of having received such care. The employee must endeavor to a reasonable extent to schedule such medical and dental care during off duty hours. Employees shall, where possible, provide a minimum of forty-eight (48) hours advance notice of his/her appointment.

17.01 Paid Jury, Court Witness or Jury Selection Leave

Delete Clause 17.01 (c) and replace with the following language:

(c) Employees shall be entitled to leave with pay when subpoenaed by a Board or Authority legislatively entitled to issue a subpoena to appear as a witness in any matter related to his/her employment. If the matter is not related to the employees’ employment, the leave shall be without pay.

17.02 Delete Clause 17.02(a) and replace with the following language:

Family Leave

(a) Subject to clause 17.02 (b), (c) and (d), an employee who is required to:

(i) Attend to the temporary care of a sick family member living in the same household, or the employee’s mother, father or dependent child not necessarily living in the same household:

(ii) Attend to the needs relating to the birth of an employee’s child:

(iii) Accompany a dependent family member living in the same household on a dental or medical appointment:

(iv) Attend meetings with school authorities:

(v) Attend to the needs relating to the adoption of a child: and

(vi) Attend to the needs related to home or family emergencies:

Shall be awarded up to three (3) days paid family leave in any year.

18.02 Education Leave

Delete Clause 18.02(b) and replace with the following language

(b) Subject to operational requirements and availability of qualified replacement staff, an employee with two (2) or more years of service (unless the Employer requires less service) shall be granted unpaid educational leave in the amount requested not exceeding two (2) years unless mutually agreed between the employee and the Employer. The employee shall not accrue any benefits of the Collective Agreement except service for seniority. Employees shall have their positions protected for the duration of such leave, subject to operational requirements.

24.02 Delete Clause 24.02 (a) and replace with the following:

Layoff, Bumping and Recall Procedure

Existing temporary employees prior to January 20, 2004, can exercise their bumping rights in accordance with this proposal regardless of their length of continuous employment.

For the purposes of layoff and bumping, temporary employees shall be less senior than permanent employees. In all instances, employees displacing into other positions must be qualified and able to do the work required.

(a) Permanent Employees

(i) Permanent employees whose positions are affected by the Employer’s decision to layoff shall have the right to accept layoff or exercise their bumping rights, in accordance with this article, within fourteen (14) calendar days of the effective date of notice of layoff. Employees who choose to exercise their bumping rights shall:

(1) Displace the most junior permanent employee in a position within his/her classification, within the community (as listed under the geographical areas in Schedule I), with the exception of H&CS-SJ, whereby a permanent employee would displace the most junior permanent employee in a position within his/her classification within the geographical area (as per Schedule I)

(2) If the employee is unable to bump another junior permanent employee within his/her classification, within the community, the employee may choose to bump the most junior permanent employee in a position within his/her classification within his/her geographical area (as per Schedule I),

24.02 (a) Renumber (2) and (3).

24.02 Delete Clause 24.02(b) (i) and replace with the following:

(b) Temporary Employees

(i) Temporary employees can exercise their bumping rights within fourteen (14) calendar days of the effective date of layoff, or accept layoff, in accordance with this article at the completion of each period of continuous employment of seven (7) months or longer.

Delete Clause 24.02(b) (ii) and replace with the following:

(ii) For periods of continuous employment of less than seven (7) months the employee shall not be eligible to exercise bumping rights in accordance with this article and shall revert to the Temp list upon layoff.

Delete Clause 24.02(b) (iii) and replace with the following:

(iii) Employees who choose to exercise their bumping rights shall displace the most junior temporary employee within his/her classification within the community (as listed under the geographical areas in Schedule I), with the exception of H&CS-SJ whereby a temporary employee would displace the most junior temporary employee in a position within his/her classification within the geographical area (as per Schedule I). With the exception of H&CS-SJ, should the employee not be able to displace another temporary employee within his/her classification within his/her community he/she shall displace the most junior temporary employee in a position within his/her classification within the geographical area (as per Schedule I). For all boards, should the employee not be able to displace another temporary employee within his/her classification within his/her geographical area he/she shall displace the most junior temporary employee within his/her classification within the organization. Should the employee not be able to displace another temporary employee within his/her classification within his/her organization he/she shall revert to the Temp List.

24.07 Temporary Assignment, Temporary Appointment, and transfers Outside the Bargaining Unit

Delete 24.07(e) and replace with the following:

(e) Employees accepting an offer of temporary appointment to a position outside the bargaining unit shall be considered to be non-bargaining, shall not pay union dues and shall not have access to any of the provisions of the collective agreement except in cases of termination from employment with the Employer only. In such cases of termination from employment with the Employer, during the period of temporary appointment he/she will have access to the grievance procedure provisions of the collective agreement. Subject to 24.07 (a), upon return to his/her bargaining unit position the employee shall be credited with bargaining unit seniority for the period he/she was outside the bargaining unit based on the actual hours worked. Such seniority shall be combined with the employee’s accumulated seniority at the time of commencing the temporary appointment.

24.10 Application of Seniority

Delete Clause 24.10 and replace with the following:

(a) A permanent employee who has seniority rights with an Employer covered by this collective agreement, and is successful on a job competition for a permanent position, with another Employer covered by this agreement, and successfully completes the probationary period, shall be credited with their total seniority from their immediately previous Employer upon resignation from that Employer, and written request to the new Employer to have the above noted seniority transferred.

A permanent employee who has seniority rights with an Employer covered by this collective agreement, and is successful on a job competition for a temporary position, with another Employer covered by this agreement, and successfully completes the probationary period, and remains in that position for a period of twenty-four (24) consecutive months or greater, shall be credited with their total seniority from their immediately previous Employer upon resignation from that Employer, and written request to the new Employer to have the above noted seniority transferred.

(b) A temporary employee who has seniority rights with an Employer covered by this collective agreement, and is successful on a job competition for a permanent position with another Employer covered by this collective agreement, and successfully completes the probationary period, shall be credited with their total seniority from their immediately previous Employer upon resignation from that Employer, and written request to the new Employer to have the above noted seniority transferred.

25.03 Delete Clause 25.02 and replace with the following:

Notification of Successful Applicant:

The name of the successful applicant shall be posted on the bulletin board(s) provided for Union notices following the date of appointment to a vacant position.

25.05 Delete Clause 25.05 and replace with the following:

Trial Period

The employee who accepts a promotion to a higher position shall be placed on a trial period of up to three hundred and twenty-five (325) working hours.

If, in the opinion of the Employer, the successful applicant proves unsatisfactory in the position during the aforementioned trial period, he/she shall be returned to his/her former position and salary without loss of seniority and any other employees promoted or transferred because of the rearrangement of the position shall be returned to his/her former position and salary without loss of seniority. An employee may be returned to his/her former position at any time up to the completion of the trial period.

The remainder of article 25 beginning with 25.07 needs to be renumbered starting with 25.08.

25.08 Incapacitated Worker Provision

Delete Clause 25.08(F) and replace with the following:

(F) An employee who is required to displace into a lower paying position under this clause shall be red-circled, provided the employee did not have the option of displacing into another position within his/her own classification.

25.09 Permanent Employees to Temporary Positions

Delete Clause 25.09(a) and replace with the following:

(a) A permanent employee who applies for and is accepted for a temporary position may revert to his/her former position upon completion of the temporary work subject to the approval of the Employer, where such approval shall not be unreasonably denied. The Employer shall notify the employee of its decision before the employee commences the temporary work. If the Employer does not approve such a request and the employee chooses to accept the temporary position, he/she shall forfeit their right to both the permanent position and permanent status.

Delete Clause 25.09(b) and replace with the following:

(b) Unless an extension has been mutually agreed upon, should a permanent employee occupy the temporary position for a period greater than twenty-four (24) consecutive months, he/she shall forfeit all rights to his/her permanent position but shall retain permanent status.

27.09 Delete Clause 27.09 and replace with the following:

False Accusations re: Harassment/Abuse

The Employer agrees that it will take appropriate steps to deal with an employee, whether inside or outside the bargaining unit, who is alleged to have made a false accusation of harassment or abuse against another employee (including non-bargaining unit employees). The Union agrees that it will give all reasonable cooperation with an investigation where the complaint is made against a member of the bargaining unit.

37.02 Delete Clause 37.02 and replace with the following:

Period of Protection

Employees who have been granted a leave of absence with the approval of the Employer under clause 37.01 and who return to work within twelve (12) months will have their position protected. Employees who are granted leave in accordance with this Article for periods in excess of twelve (12) months will have their position protected for the extended period if mutually agreed by the Employer and the employee.

Schedule B – Delete Schedule B and replace with the following:

Boards which are party to this agreement and herein referred to as the Employer:

Health and Community Services - St. John’s Region

Eastern Health and Community Services Board

Health and Community Services – Central Region

Western Regional Health and Community Services Board

Grenfell Regional Health Services Board

Health Labrador Corporation

Schedule F -- Delete Schedule F and replace with Labrador Benefits Agreement signed April 4, 2003 and expiring March 31, 2005

Insert Letter of Intent, Page 102 to read:

Re: Temporary Employee Review

This will confirm our understanding reached during negotiations that a review of temporary employees will be conducted by the Employer during the life of this collective agreement with a view to determining if any temporary employees can be made permanent. This letter of understanding will expire effective the expiry date of this collective agreement.

 

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 kilometres 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.

 

 

 

 

COLLECTIVE AGREEMENT

Between

NEWFOUNDLAND AND LABRADOR
HOUSING CORPORATION

And

CANADIAN UNION OF PUBLIC EMPLOYEES
AND ITS' LOCAL 1860

 

Clause 4.02 - Delete Clause 4.02 and replace with the following:

Harassment

The Employer and the Union recognize the right of all employees of the Corporation to work in an environment free from harassment and shall work together to ensure that harassment is actively discouraged. All reported incidents of harassment shall be investigated as quickly and as confidentially as possible. The Employer and the Union agree to take all steps to ensure that harassment stops and that individuals who engage in such behavior are appropriately disciplined. In situations where the Union is in agreement with the discipline imposed, it shall not support any grievance arising from this action. The Employer and Union further agree that victims of harassment shall be protected, where possible, from the repercussions which may result from complaint.

Should the Corporation's policies not result in settlement of a complaint to the satisfaction of the complainant, the complainant may file a complaint with the Human Rights Commission in accordance with the prohibited grounds of discrimination under the Provincial Human Rights Code and/or file a grievance at either step 2 or step 3 of the grievance procedure, within five (5) working days of the Employer's written response to the complaint.

For the purposes of this Article, harassment and Sexual Harassment shall be defined as follows:

Sexual Harassment

Harassment of a sexual nature is unsolicited, one-sided and/or coercive behavior which is comprised of sexual comments, gestures or physical contact that the individual knows, or ought reasonably to know, to be unwelcome, objectionable or offensive. The behavior may be on a one-time basis or a series of incidents, however minor. Both males and females may be victims.

Harassment

Harassment of a personal nature is any behavior by any person in the workplace that is directed at, and offensive to an employee, which endangers an employee's job, undermines the performance of that job or threatens the economic livelihood of the employee and which the harasser knows or ought reasonably know to be offensive or threatening.

Where an employee feels she/he is the subject of harassment, that employee except for the most serious types of harassing behavior (i.e. where personal health/safety may be at risk) shall advise the person(s) whose acts are considered harassing, that their behavior is unwelcome.

6.04 Delete Clause 6.04 and replace with the following:

The Employer agrees to deduct non-working dues from seasonal employees with such deduction spread equally over three (3) pay periods subject to the following:

The Union shall provide written notification to the Manager Employee Relations of the names of seasonal employees owing dues and the total dollar amount to be deducted:

The Employer will commence such dues deductions during the pay period following receipt of written notification subject to such payroll input cut-off time which may be set for the pay period:

Copies of payroll action memorandum will be forwarded to the Union Secretary and all employee enquiries on such deductions will be directed to the Union Secretary.

The Employer will provide to the Union copies of letters of lay-off and recall for seasonal employees.

7.01 Delete Clause 7.01 and replace with the following:

All correspondence between the parties, arising out of this agreement or incidental thereto, shall pass to and from the Manager Employee Relations and the Secretary of the Union Local by mail at the Union Local=s address or by hand to a duly elected officer of the Local.

8.01 Delete Clause 8.01 and replace with the following:

Establishment of a Labour Management Committee

The purpose of the Labour Management Committee shall be to promote effective communications between management and the unionized employees, by meeting to confer on matters of mutual interest which are not properly the subject matter of a grievance or negotiations.

8.02 Delete Clause 8.02(1) and replace with the following:

(1) In Region 1, two (2) Labour Management Committees shall be established. One committee shall confer on matters of interest to the employees and management of Avalon Regional Office: the other on matters of interest to employees and management in Head Office divisions. Both Committees shall be comprised of five (5) representatives of the Union and an equal number of representatives of the Employer; and,

8.03 Delete Clause 8.03 and replace with the following:

Meeting of Committee

The Committee shall meet as often as necessary, but not more than once per month, at a mutually agreeable time and place. The monthly meeting may be canceled or rescheduled by mutual consent of the co-chairs. The Committee members shall receive a notice and agenda of the meeting at least 48 hours in advance of the meeting. Employees shall not suffer any loss of pay for time spent with this Committee.

11.10 Delete Clause 11.10 and replace with the following:

Mutually Agreed Changes

Any mutually agreed changes to this Collective Agreement made in accordance with Clause 36.04 shall form part of this Collective Agreement and are subject to the grievance and arbitration procedure.

12.02 Delete Clause 12.02 and replace with the following:

Failure to Appoint

If the party receiving the notice fails to appoint an arbitrator, or if the two (2) nominees fail to agree upon a chairperson within seven (7) working days of this appointment, the parties shall choose the arbitrator, subject to availability, from the following mutually agreed list of arbitrators.

List of Arbitrators:

Mr. Dave Alcock

Dr. John Scott

Mr. Dennis Browne

Mr. James Oakley

Mr. Dave Buffett

* Arbitrators will be listed subject to their agreement.

16.08 Delete Clause 16.08(b) and replace with the following:

An employee on maternity/adoption/parental leave, who has received notice of lay-off or having been bumped, during the period of such leave, may file a bump request. Such request shall be filed with the Employer by the tenth working day prior to the expiry of the employee=s period of approved leave.

18.03 Delete Clause 18.03

18.09 Delete Clause 18.09

19.06 Delete Clause 19.06

20.01 Delete Clause 20.01(b)(iv) and replace with the following:

Seasonal employees will receive pay in lieu of annual leave. Such pay will be pro-rated and included on each bi-weekly pay cheque in accordance with 20.01(a)

The employer will endeavor to grant up to five (5) days of unpaid leave per fiscal year to enable seasonal employees to take vacation

21.01 Delete Clause 21.01 and replace with the following:

Sick Leave Defined

Sick leave means a period of time that an employee has been permitted to be absent from work without loss of pay by virtue of being sick, disabled, quarantined or because of an accident for which compensation is not payable under the Workplace Health, Safety and Compensation Act.

21.04 Delete Clause 21.04 and replace with the following:

Sick Leave during Leave of Absence and Lay-off

When an employee is given paid vacation or special paid leave of absence, or while on Workplace Health, Safety and Compensation Commission compensation, the employee shall receive sick leave credit for the period of such absence on return to work. When an employee is laid off on account of lack of work the employee shall not receive sick leave credits for the period of such absence but shall retain his/her accumulated credit, if any, existing at the time of such lay-off.

22.06 Delete Clause 22.06(d) and replace with the following:

The employee shall resume his/her former position and salary upon return from leave, with no loss of accrued benefits, subject to Clause 16.08(b).

23.01 Renumber Clause 23.01 to 23.01(a)

23.01 Insert the following at Clause 23.01(b):

Direct Deposit

Effective 2004 04 01 all new employees shall be paid by direct deposit where such banking arrangements are available.

23.02 Insert the following at Clause 23.02:

When an employee is promoted to another classification, such employee shall receive a minimum of 5% increase in hourly rate of pay. Should this new rate fall between two steps on the new pay range, the employee shall be paid at the rate of the higher step.

23.04 Delete Clause 23.04 and replace with the following:

The Employer agrees to issue advance payments, once per year, of estimated net salary for authorized annual leave periods of not less than two (2) consecutive weeks, provided the employee effective April 1, 2004, is paid by cheque and a written request for such payment is received from the employee at least three (3) weeks prior to the last day before the employee=s annual leave period commences.

33.08 Delete Clause 33.08

35.01 Delete Clause 35.01 and replace with the following:

The Employer and the Union will cost-share on a 50-50 percentage basis the printing of sufficient copies of the collective agreement.

Schedule B (35 hour per week classifications)

Insert the following:

Program Administrative Officer

Schedule B

Delete the following:

Accountant A
Accountant B
Accounts Officer
Housing Inspection Officer
Housing Officer
Loans Officer
Property Appraiser B
Word Processing Equipment Operator

SCHEDULE C (40 Hours Per Week Classification)

Delete Schedule C and replace with the following:

Classification

Spec #

Pay Range #

Appliance Repairperson

156

NLHS 12

Building Custodian

128

NLHS 05

Building Maintenance Supervisor

372

NLHS 16

Carpenter B

152

NLHS 10

Custodial Worker

112

NLHS 04

Electrician

164

NLHS 12

Equipment Operator

132

NLHS 07

Facilities Construction Worker

176

NLHS 08

Grounds Crew Leader

136

NLHS 10

Labourer

104

NLHS 05

Maintenance Helper

120

NLHS 06

Maintenance Repairperson

 

NLHS 10

Maintenance Worker A

 

NLHS 15

Maintenance Worker

168

NLHS 12

Painter B

148

NLHS 09

Plumbing & Heating Repairperson

172

NLHS 12

Stockkeeper

 

NLHS 08

Storekeeper 140

 

NLHS 08

Schedule "D1" Special Groups Excluded from the Bargaining Unit

Delete the following:

Budget Analyst
Corporate Solicitor
Senior Engineering Technician
Mortgage Administration Supervisor
Senior Internal Auditor
Construction Inspection Supervisor
Special Project Officer
Parks & Landscape Supervisor
Maintenance Superintendent
Custodial Supervisor
Grounds Maintenance Supervisor

Insert the following:

Field Supervisor
Program Supervisor
Modernization Supervisor
Supervisor Inspection Standards

Schedule J - Labrador Benefits Agreement

Delete Schedule J and replace with the Labrador Benefits Agreement signed April 4, 2003 and expiring on March 31, 2005.

Delete Memorandum of Understanding - Training Initiatives and replace with the following:

The Employer and the Union shall appoint one (1) representative to explore training initiatives for the seasonal workforce.

The committee shall be established within three (3) months of the signing of the Collective Agreement.

MEMORANDUM OF UNDERSTANDING page 163 Delete

MEMORANDUM OF UNDERSTANDING page 167 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 kilometres 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.

 

 

 

 

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

 

Delete Clause 5.01(z) and replace with the following:

5.01 (z) "service" means any period of employment, excluding overtime, either before or after the date of signing of this Agreement in respect of which an employee is in receipt of salary or wages from the Employer and includes periods of special leave without pay not exceeding twenty (20) working days in the aggregate in any year unless otherwise specified in this Agreement.

Delete Article 12 and replace with the following:

Article 12 Grievance Procedure

12.01 Subject to Clauses 12.03 and 12.07, grievances shall be processed in the following manner:

Step 1:

With the exception of dismissal due to unsuitability or incompetence, as assessed by the Employer, of a probationary employee or a part-time or temporary employee with less than six (6) months' service and subject to Clauses 12.03 and 12.07, an employee who alleges that he/she has a grievance, shall first present the matter to his/her immediate supervisor through his/her Shop Steward within five (5) days of the occurrence or discovery of the incident giving rise to the alleged grievance and an earnest effort shall be made to settle the grievance at this level.

In cases where an employee's immediate supervisor is his/her permanent head, the grievance may be submitted immediately at Step 3.

Step 2:

If the employee fails to receive a satisfactory answer within five (5) days of presenting the matter under Step 1, he/she may, within five (5) days present a grievance in writing to the second managerial level designated by the permanent head who will give the grievor a dated receipt. In instances where there is no second level of management other than the Director of Human Resources, the employee may submit his/her grievance at Step 3 within the prescribed time limits.

In the interest of expediency, the grievor, in conjunction with a Shop Steward, shall submit a written summary at the time of submitting the grievance at Step 2, on a without prejudice basis.

Step 3:

If the employee fails to receive a satisfactory answer to his/her grievance within five (5) days after the filing of the grievance at Step 2, he/she may, within a further five (5) days submit his/her grievance in writing to the Director of Human Resources who, for the purpose of investigating the grievance, shall form a committee consisting of four (4) persons, comprising an equal number of Employer and Union representatives. The Union shall appoint its two (2) representatives to the committee and advise the Employer. The Employer shall appoint two (2) representatives and notify the Union within ten (10) days of the names of the Employer representatives on the Grievance Committee. One of the Employer's representatives shall chair the meeting(s). The committee shall be entitled to interview such persons as it deems necessary for the investigation of the grievance and shall give its decision in writing to the grievor within ten (10) days of receipt of the grievance. The committee's report shall consist of the joint decision of the committee where the committee members agree to a solution. If the matter is not mutually resolved by the committee, then the Employer's representatives will send their position, along with a brief summary of the committee's deliberations, to the grievor, with a copy being sent to the Union.

12.02 If the grievance is still not satisfactorily settled by the foregoing procedure, or if it is of the type referred to in Clause 12.03, either party to this Agreement may submit the grievance to arbitration in accordance with Article 13.

12.03 In the case of dismissals and suspensions pending dismissal, the grievance may be submitted in the first instance at Step 3 of Clause 12.01.

12.04 With the exception of Step 1, replies to grievances at all other Steps of the Grievance Procedure will be in writing and dated receipts of grievances will be given.

12.05 A full time representative of the Union may be called in by the employee(s) at any Step of the Grievance Procedure. The grievor may be present during all Steps of the Grievance Procedure.

12.06 (a) The time limits specified in this Article may be extended, in writing, by mutual agreement of the parties.

(b) An Arbitrator or Arbitration Board may extend the time limits of any Step in the grievance procedure, notwithstanding the expiration of such time limits, where the Arbitrator or Arbitration Board is satisfied that there are reasonable grounds for the extension and that the opposite party will not be substantially prejudiced by the extension.

12.07 Employees shall have the right to grieve against suspensions and alleged unfair treatment on promotion or transfer and such grievances may be submitted in the first instance at Step 3 of Clause 12.01.

12.08 The settlement of a grievance without reference to arbitration shall be applied retroactively to the date of the occurrence of the action or situation which gave rise to the grievance, unless the settlement states otherwise.

12.09 (a) Policy Grievance

Where a dispute arises involving a question of general application or interpretation of the Agreement, the Union may initiate a grievance and the parties may mutually agree to bypass Steps 1 and 2 of this Article.

(b) Union May Initiate Grievances

The Union and its representatives shall have the right to originate a grievance on behalf of an employee, or group of employees and to seek adjustment with the Employer in the manner provided in the Grievance Procedure. Such a grievance shall commence at Step 3.

(c) Where the Union has a grievance involving a question of general application or interpretation of the Agreement, or where a group of employees has a grievance, the grievance may in the first instance be submitted at Step 3 of Clause 12.01.

12.10 An employee who is a member of the grievance committee referred to under Step 3 of Clause 12.01 and/or the grievor, shall not suffer any loss in pay for any time lost in processing complaints or attending grievance meetings. However, such an employee shall not leave his/her regular duties for the purpose of conducting business on behalf of the Union or to discuss any business in respect of grievances without first obtaining permission from his/her immediate supervisor. The employee shall notify his/her immediate supervisor when returning to duty.

12.11 Technical Objections to Grievances

No grievance shall be defeated or denied by any technical objection occasioned by a clerical, typographical, or similar technical error, or by inadvertent omission of a step in the grievance procedure.

12.12 Grievance Procedure

Where an employee grieves against a suspension which is subsequently changed to dismissal, then any Arbitration Board appointed to deal with the grievance shall have the jurisdiction to deal with the merits of the suspension or dismissal.

Delete Article 13 and replace with the following:

Article 13 Arbitration

13.01 Where a difference arises between the parties to or persons bound by this Agreement or on whose behalf it has been entered into and where that difference arises out of the interpretation, application, administration or alleged violation of this Agreement and including any question as to whether a matter is arbitrable, either of the parties may within fourteen (14) calendar days after exhausting the grievance procedure notify the other party in writing of its desire to submit the difference or allegation to arbitration and the notice shall contain the name of the person appointed to be an arbitrator by the party giving notice.

Notice in accordance with Clause 13.01 shall be sent to the Collective Bargaining Division as well as the applicable Department.

13.02 Notwithstanding any other provisions of this Article, the parties may mutually agree to the substitution of a single arbitrator for an arbitration board, in which event, the foregoing provisions of this Article shall apply equally to a single arbitrator when reference is made to an arbitration board. Furthermore, the parties shall endeavour to utilize a sole arbitrator for the majority of arbitration hearings and reserve the use of arbitration boards for case where a party feels it is absolutely necessary.

13.03 The party to whom notice is given under Clause 13.01 shall, within ten (10) calendar days after receipt of such notice, appoint an arbitrator and notify the other party of the name of the arbitrator.

13.04 The two (2) arbitrators appointed in accordance with Clauses 13.01 and 13.02 shall, within fourteen (14) calendar days after the appointment of the second of them, appoint a third arbitrator and these three (3) arbitrators shall constitute an arbitration board. The arbitrator appointed under this Clause shall be the Chairperson of the arbitration board.

13.05 If,

(i) the party to whom notice is given under Clause 13.01 fails to appoint an arbitrator within the period specified in Clause 13.02, the Chairperson of the Labour Relations Board shall, on the request of either party, appoint an arbitrator on behalf of the party who failed to make the appointment and such arbitrator shall be deemed to be appointed by that party; or

(ii) the two (2) arbitrators appointed by the parties under Clauses 13.01 and 13.02 fail to appoint a third arbitrator within the periods specified in Clause 13.03, the Chairperson of the Labour Relations Board shall, on the request of either party, appoint a third arbitrator and these three (3) arbitrators shall constitute an arbitration board. The arbitrator appointed under this paragraph (ii) shall be chairperson of the arbitration board.

13.06 Grievances that have been referred to arbitration that involve a dismissal shall be scheduled for arbitration within six (6) months of referral.

13.07 Both parties to a grievance shall be afforded the opportunity of presenting evidence and argument thereon and may employ counsel or any other person for this purpose.

13.08 If a party fails to attend or be represented without good cause at an arbitration hearing, the arbitration board may proceed as if the party had been present or represented.

13.09 The arbitration board shall render its decision on the grievance within twenty-five (25) days of the date on which the board is fully constituted.

13.10 The decision of the majority of the members of an arbitration board shall be the decision of the board. The decision of an arbitration board shall be signed by the members of the board making the majority report.

13.11 The parties and the employees bound by this Agreement shall comply with these provisions for final settlement of a grievance and they shall comply with the decisions of an arbitration board appointed in accordance with these provisions and do or, as the case may be, abstain from doing anything required by that decision.

13.12 Each party required by this Agreement to appoint an arbitrator shall pay the remuneration and expenses of that arbitrator deemed to have been appointed by that party under Clause 13.04 and the parties shall pay equally the remuneration and expenses of the chairperson of the arbitration board.

13.13 The time limits set out in this Article may be extended, in writing, at any time by mutual agreement of both parties to the arbitration.

13.14 At any stage of the grievance or arbitration procedure, the parties shall have the assistance of any employee(s) concerned as witnesses and any other witness.

13.15 An aggrieved employee who is not on suspension and who has not been dismissed, and is required to appear before an arbitration board shall not suffer any loss in pay while participating in the arbitration proceedings.

13.16 An arbitration board may not alter, modify or amend any provisions to this Agreement but shall have the power to dispose of a grievance by any arrangement which it deems just and equitable.

13.17 The parties may mutually agree to utilize alternative methods of dispute resolution to resolve grievances that have been referred to arbitration and are encouraged to do so. Sample terms of reference of several ADR processes are contained in Schedule P.

Insert the following:

20.05 For the purpose of this Article, spouse means an employee's husband or wife, including a common-law or same sex partner with whom the employee has lived for more than one year.

Delete Clause 25.08 (b) and replace with the following:

25.08 (b) Maternity/Adoption/Parental leave shall be defined as a period where an employee can demonstrate he/she was on leave related to the birth of a child or the adoption of a child, and such employee returned to work within a maximum of twelve (12) months.

Delete Clause 33.01 and replace with the following:

33.01 (a) Where the Employer determines that a vacancy in a bargaining unit position is to be filled, the Employer shall post notice of the competition for at least seven (7) calendar days in readily accessible places.

(b) All vacancies identified in accordance with Clause 33.01(a), will be posted within the public service prior to outside applicants being considered, except where, in the opinion of the Public Service Commission, it is not in the public interest to comply with this provision.

Insert the following, and renumber the remainder of the Clause:

35.06 (b) (i) All employees hired after July l, 2004, will earn seniority if occupying a bargaining unit position, but will not be eligible for bumping or recall unless they have acquired their position in accordance with Article 33.

Insert the following:

37.08 Where an employee has received notice of layoff, and the Employer determines that the employee=s services are required beyond the effective date of the notice of layoff, the Employer may extend the notice period without being required to issue a further notice of layoff. Such extensions may occur one (1) day at a time, to a maximum of twenty (20) days for any one notice period.

Insert the following:

Schedule P Alternative Dispute Resolution

Contained herein are a number of options available to the parties under the Alternate Dispute Resolution process designed to expeditiously settle outstanding disputes which have gone through the grievance process and have been referred to arbitration.

OPTION A - MEDIATION ARBITRATION

In selecting this option, it is the intent of the parties to the dispute, and the mediator to conduct this mediation process in a bona fide and forthright manner and to make a serious attempt to resolve this dispute.

The following is a list of the Terms and Conditions under which the mediation/arbitration shall be conducted.

1. Authority to Settle

It is agreed that in order to have an effective mediation, the parties or their representatives should have full authority to settle this dispute at the mediation conference.

2. Process

It is agreed that in order to resolve the outstanding issues between the parties to this dispute, there will be an effort to isolate points of agreement and disagreement, to explore alternative solutions and to consider compromises or accommodations.

3. Mediator=s Role

The Mediator=s role is to assist the parties to negotiate a voluntary settlement of the controversy and issues as described above. The Mediator is a neutral and impartial person with no interest in the controversy. In the event that the parties are unable to reach an agreement on the subject matter of the dispute, the parties agree that the Mediator is empowered to make decisions for the parties as to how the matter should or must be resolved. The parties hereby agree that they will abide by the decisions voluntarily reached in the matter or will be bound by the decision of the Mediator in the event that the rendering of such a decision occurs. The parties further agree that, in the event that a decision is rendered by the Mediator, such decision shall not be subject to judicial or arbitral review and each party hereby undertakes to take no further proceedings in such a circumstance.

4. Pre-Mediation Information

To facilitate an understanding of the controversy and the issues to be mediated, the parties will provide to the Mediator such written and oral information as may be requested prior to the mediation session(s) and, at the minimum, will provide a brief written summary of the controversy as they see it, not less than ten (10) days prior to the first mediation session. Again, this is optional but, as explained above, would be helpful. The time lines can be decided between you.

5. Preparation to Settle

The parties will come to the mediation fully prepared to settle the controversy, with all necessary information and advice.

6. Confidential Disclosures

It is agreed that the Mediator may disclose to any party or to his/her representative any information provided by the other party which the Mediator believes to be relevant to the issues being mediated, unless a party has specifically requested the Mediator to keep certain information confidential.

7. Effecting a Settlement

It is agreed that where a settlement is reached in the dispute, the parties will carry out the terms of the settlement as soon as possible.

8. Termination

It is agreed that the mediation conference may be terminated at any time by any party, his/her representative or the Mediator for any reason.

9. Inadmissibility

It is agreed that mediation sessions are settlement negotiations and are inadmissible in any further litigation or arbitration to the extent allowed by law. The parties will not subpoena or otherwise require the Mediator to testify or produce records or notes in any future proceedings. No transcripts will be kept of the mediation conference.

10. Subsequent Proceedings

It is agreed that the parties shall not rely on or introduce as evidence in subsequent arbitral or judicial proceedings:

(a) any view expressed, or suggestions made, by the other party in respect of the possible settlement of the dispute;

(b) any admissions made by the other party in the course of the mediation;

(c) the fact that the other party had indicated a willingness to accept a proposal or recommendation for settlement made by the Mediator.

11. Mediation Sessions

The parties will attend one or more mediation sessions at a time and place scheduled by the Mediator.

12. Outstanding Legal Proceedings

No party will initiate or take any fresh steps in any legal proceedings related to the controversy while the mediation is in progress.

OPTION B - EXPEDITED ARBITRATION

Subject to mutual agreement between the parties, it is agreed that the following process shall be followed in an expedited arbitration process:

(a) In any dispute over application, administration or alleged violation of the Agreement, the parties agree to submit a written brief and/or present oral argument to the sole Arbitrator.

(b) The parties agree to draft a list of three (3) mutually acceptable Arbitrators who will be selected on a rotating basis to deal with each sitting. Future selections of Arbitrators will be considered on a year to year basis.

(c) The parties will present argument/rebuttal based on:

- issue(s);

- applicable provisions of the Collective Agreement;

- general principle of arbitration case law which is applicable, including judicial decisions;

- relevant arbitration awards, judicial decisions, legislation, texts if applicable, and how they apply;

- remedies requested.

Argument/rebuttal will be limited to one (1) hour for each party.

(d) The party bearing the onus of proof will proceed first and rebut, if necessary.

(e) The parties will not call witnesses or submit evidence, however, they can mutually agree to enter consent items;

(f) Decisions may be issued without having to provide the basis of conclusions.

(g) All decisions will be "without prejudice" to any other case(s) with no precedent value being applied to any other case unless the parties mutually agree in writing to allow a decision to have precedent value.

(h) The parties agree that decisions arising out of these arbitrations will not be considered for judicial review unless the parties have mutually agreed in writing to allow a decision to have precedent value in which case either party can consider a decision for judicial review.

(i) Where the parties mutually agree, any step of the process may be altered, if deemed necessary.

OPTION C - MODIFIED ARBITRATION

It is understood that certain issues may have to be referred to the full arbitration process. In the interest of dealing with these cases in the most expeditious manner, wherever possible, modified processes may be used. These may include:

! Arbitration by Grouping (Multiple Grievances)

! Arbitration by Issue (Multiple Grievances)

! The parties may also agree to a pre-determined list of Arbitrators that would be used on a rotational basis.

OPTION D - MEDIATION

Where the grievance procedure has failed to settle the grievance, the parties may elect to have the matter referred to grievance mediation process of the Labour Relations Agency prior to electing to proceed to arbitration. If the mediation process fails to resolve the issue, either party may then refer the matter to arbitration in accordance with Article 13.

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.

OPTION E - OTHER

The parties may also utilize modified forms of the above processes or any other ADR process that is mutually acceptable.

MEMORANDA OF UNDERSTANDING

Delete the following MOU:

MOU

Page 162

Alternative Dispute Resolution

Delete

LETTERS

Delete the following Letters:

Letter

Page 170

Hours of Work Committee

Delete

Letter

Page 171

Extension of Time Limits - Discipline

Delete

Insert the following Letter of Intent:

Re: Article 35 - Layoff, Bumping and Recall

The parties agree to establish a committee during the term of this agreement to review the format of the current bumping language in an effort to make the Article more "user-friendly", without changing the actual intent of the current language. The parties will also review the Unions request to amend the boundary between District 2 and District 3 of Schedule L.

The parties may mutually agree to amend the collective agreement in accordance with Article 55 (Amendment by Mutual Consent) following the completion of the review, otherwise the information may be presented to the negotiating committees at the next round of negotiations.

Insert the following Letter of Intent:

Re: Hours vs. Days for Leave Entitlements

The parties are to establish a committee during the term of this contract to review the option of converting all leave entitlements to hours without changing benefit entitlement.

The parties may mutually agree to amend the collective agreement in accordance with Article 55 (Amendment by Mutual Consent) following the completion of the review, otherwise the information may be presented to the negotiating committees at the next round of negotiations.

Insert the following Letter of Intent:

Re: Personal and Sexual Harassment

In an effort to address concerns raised surrounding the handling of harassment investigations, the parties agree to the establishment of a joint committee to review how the process is currently administered including concerns surrounding the distribution of information throughout the process, up to and including the final report and outcome

Insert the following Letter of Intent:

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.

 

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 kilometres 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.

 

 

 

 

AIR SERVICES DIVISION
COLLECTIVE AGREEMENT

BETWEEN

HER MAJESTY THE QUEEN IN RIGHT OF NEWFOUNDLAND,
(represented herein by the Treasury Board)

AND

THE NEWFOUNDLAND AND LABRADOR
ASSOCIATION OF PUBLIC EMPLOYEES

 

17.04 Delete Clause 17.04 and replace with the following:

Family Responsibility Leave

(a) Subject to Clause 17.04(b), (c) and (d),an employee who is required to:

(i) attend to the temporary care of a sick family member living in the same household;

(ii) attend to the temporary case of the employee=s sick mother, father or dependent child, not necessarily living in the same household;

(iii) attend to the needs relating to the birth of an employee=s child;

(iv) accompany a dependant family member living in the same household on a dental or medical appointment;

(v) attend meetings with school authorities;

(vi) attend to the needs relating to the adoption of a child; and

(vii) attend to the needs related to home or family emergencies,

shall be awarded up to twenty-two and one-half (22 2) hours for other than Pilots (which shall be twenty-one (21) hours ) paid family leave in any fiscal year.

(b) In order to qualify for family leave, the employee shall:

(a) provide as much notice to the Employer as reasonably possible;

(b) provide to the Employer valid reasons why such leave is required; and

(c) where appropriate, and in particular with respect to (ii), (iv) and (v) of Clause 17.04(a), have endeavoured to a reasonable extent to schedule such events during off duty hours.

(c) Employees shall not be permitted to change any other leave to family leave but shall be entitled to change family leave to bereavement leave or sick leave.

(d) A temporary employee shall only be granted family leave if he/she reports to work following a recall and subsequently qualifies for family leave during that period for which he/she was recalled.

20.09 Delete Clause 20.09 and replace with the following:

Where an employee fails to give notice as stipulated in Clause 20.05 of this Article, the Employer reserves the right to withhold payment for any annual leave provided that in no case shall the penalty exceed the number of days by which the period of notice was reduced.

23.01 Delete Clause 23.01 (b) and replace with the following:

For the purposes of this Article, Injury on Duty Leave pay is the amount that would be determined by the Workplace Health, Safety and Compensation Commission in accordance with the Workplace Health, Safety and Compensation Act.

24.03 Delete Clause 24.03 (a) and replace with the following:

The Employer shall supply either one flight suit or one flight jacket at the employee=s discretion per twelve (12) months of service with the Employer to seasonal water bomber crews. Flight jackets not to exceed one hundred dollars ($100).

28.03 Delete Clause 28.03 and replace with the following:

Any such document shall be removed from the personnel file of the employee and destroyed after the expiration of two (2) years provided there has not been a recurrence of a similar incident during that period.

30.02 Delete Clause 30.02 and replace with the following:

The Employer will pay 50% of the premiums of the Insurance Plan and the employees will pay 50%. The Employer will continue to pay 50% for a period of up to fifty-two (52) weeks on behalf of employees on maternity leave.

32.02 Delete Clause 32.02 and replace with the following:

Each committee shall meet within two (2) weeks of a request from the Employer=s or the Union=s representative

40.02 Delete Clause 40.02 (a) and replace with the following:

An employee who is on seasonal assignment to a position carrying a higher rate than the position the employee held prior to the seasonal assignment shall be reimbursed in accordance with Article 25 - Promotion Procedure - provided that on subsequent consecutive yearly seasonal assignments to an identical classification, the employee shall be reimbursed at the rate the employee would have received had the employee remained in the seasonal assignment.

50.01 Delete Clause 50.01 (a) and replace with the following:

For the purpose of this Article, an employee shall mean a person employed in the Public Service Air Services Division of the Province of Newfoundland and Labrador. Subject to 50.05, seniority shall mean the total length of service in the Public Service Air Services Division.

 

SCHEDULE "A"
CLASSIFICATION LIST

Delete Schedule AA@ and replace with the following:

Classification Title

Spec #

Pay Range #

Accounting Clerk II

0206

AS-24

Aircraft Dispatch Coordinator

8461

AS-34

Aircraft Dispatcher II

8463

AS-32

Aircraft Maintenance Engineer I

8456

AS-37

Aircraft Maintenance Engineer II

8457

AS-39

Aircraft Mechanic

8450

AS-30

Aircraft Metal Worker I

8451

AS-28

Aircraft Metal Worker II

8452

AS-34

Assistant Chief Aircraft Inspector

8465

AS-39

Avionics Technician I

8453

AS-30

Avionics Technician II

8454

AS-33

Avionics Technician III

8455

AS-35

Buyer II

0414

AS-28

Clerk III

0017

AS-22

Clerk IV

0018

AS-27

Clerk Stenographer II

0026

AS-22

Maintenance Repairer

8105

AS-18

Maintenance Repairer II

8106

AS-22

Storekeeper I

0405

AS-19

Storekeeper II

0406

AS-22

 

 

AIR SERVICES PAY SCHEDULE

Air Services Salary Scales

Delete the AG Salary Scale and the AM Salary Scale and replace with AS Salary Scale

Pilot=s Salary Scales

Insert:

Effective October 1, 2003:

 

STEP 1

STEP 2

STEP 3

STEP 4

PI-03

56,000

58,420

62,178

65,934

Water Bomber Salary Scales

Insert:

Bird Dog Pilot

To be paid 82% of the CL215 Water Bomber Co-Pilot Salary Scale

Schedule D - Labrador Benefits

Delete Schedule "D" and replace with the Labrador Benefits Agreement signed April 4, 2003 and expiring March 31, 2005.

Letter of Understanding:

L#8 - Training Pilot Air Ambulance - 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 kilometres 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.

 

 

 

 

GOVERNMENT HOUSE
COLLECTIVE AGREEMENT

BETWEEN

HER MAJESTY THE QUEEN IN RIGHT OF NEWFOUNDLAND
represented herein by the Treasury Board

AND

THE CANADIAN UNION OF PUBLIC EMPLOYEES
and its' Local 2453

 

9.02 Delete Clause 9.02 and replace with the following:

If the party receiving notice fails to appoint an arbitrator within the specified time limit, or if the two (2) nominees fail to agree upon a chairperson within the specified time limit, the Minister of Human Resources, Labour and Employment shall, on the request of either party, make the necessary appointment.

19.02 Delete

19.03 Delete

19.04 Delete

Schedule A-3 B Step Progression B Delete #4.

Memorandum of Understanding - 2001 B Occupational Reviews - Page 57 B Delete

Memorandum of Understanding - 2001 B Occupational Reviews - Page 58 B Delete

Letter B RE: Government House Clothing Provisions B 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 kilometres 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.

 

 

 

 

MARINE SERVICES
COLLECTIVE AGREEMENT

BETWEEN

HER MAJESTY THE QUEEN IN RIGHT OF NEWFOUNDLAND
(REPRESENTED HEREIN BY THE TREASURY BOARD)

AND

THE NEWFOUNDLAND AND LABRADOR ASSOCIATION
OF PUBLIC AND PRIVATE EMPLOYEES

 

8.01 Delete clause 8.01 and replace with the following:

Subject to Clauses 8.03 and 8.07, grievances shall be processed in the following manner:

Step 1:

With the exception of dismissal due to unsuitability or incompetence, as assessed by the Employer, of a probationary employee or a part-time or temporary employee with less than six (6) months service and subject to Clauses 12.03 and 12.07, an employee who alleges that he/she has a grievance, shall first present the matter to his/her immediate supervisor through his/her Shop Steward within five (5) days of the occurrence or discovery of the incident giving rise to the alleged grievance and an earnest effort shall be made to settle the grievance at this level.

In cases where an employee's immediate supervisor is his/her permanent head, the grievance may be submitted immediately at Step 3.

Step 2:

If the employee fails to receive a satisfactory answer within five (5) days of presenting the matter under Step 1, he/she may, within five (5) days present a grievance in writing to the second managerial level designated by the permanent head who will give the grievor a dated receipt. In instances where there is no second level of management other than the Director of Human Resources, the employee may submit his/her grievance at Step 3 within the prescribed time limits.

In the interest of expediency, the grievor, in conjunction with a shop steward, shall submit a written summary at the time of submitting the grievance at Step 2, on a without prejudice basis.

Step 3:

If the employee fails to receive a satisfactory answer to his/her grievance within five (5) days after the filing of the grievance at Step 2, he/she may, within a further five (5) days submit his/her grievance in writing to the Director of Human Resources who, for the purpose of investigating the grievance, shall form a committee consisting of four (4) persons, comprising an equal number of Employer and Union representatives. The Union shall appoint its two (2) representatives to the committee and advise the Employer. The Employer shall appoint two (2) representatives and notify the Union within ten (10) days of the names of the Employer representatives on the Grievance Committee. One of the Employer's representatives shall chair the meeting(s). The committee shall be entitled to interview such persons as it deems necessary for the investigation of the grievance and shall give its decision in writing to the grievor within ten (10) days of receipt of the grievance. The committee's report shall consist of the joint decision of the committee where the committee members agree to a solution. If the matter is not mutually resolved by the committee, then the Employer's representatives will send their position, along with a brief summary of the committee's deliberations, to the grievor, with a copy being sent to the Union.

8.02 Delete clause 8.02 and replace with the following:

If the grievance is still not satisfactorily settled by the foregoing procedure, or if it is of the type referred to in Clause 8.03, either party to this Agreement may submit the grievance to arbitration in accordance with Article 9.

8.03 Delete clause 8.03 and replace with the following:

In the case of dismissals and suspensions pending dismissal, the grievance may be submitted in the first instance at Step 3 of Clause 8.01.

8.04 Delete clause 8.04 and replace with the following:

With the exception of Step 1, replies to grievances at all other Steps of the Grievance Procedure will be in writing and dated receipts of grievances will be given.

8.05 Delete clause 8.05 and replace with the following:

A full time representative of the Union may be called in by the employee(s) at any Step of the Grievance Procedure. The grievor may be present during all Steps of the Grievance Procedure.

8.06 Delete clause 8.06 and replace with the following:

(a) The time limits specified in this Article may be extended, in writing, by mutual agreement of the parties.

(b) An Arbitrator or Arbitration Board may extend the time limits of any step in the grievance procedure, notwithstanding the expiration of such time limits, where the Arbitrator or Arbitration Board is satisfied that there are reasonable grounds for the extension and that the opposite party will not be substantially prejudiced by the extension.

8.07 Delete clause 8.07 and replace with the following:

Employees shall have the right to grieve against suspensions and alleged unfair treatment on promotion or transfer and such grievances may be submitted in the first instance at Step 3 of Clause 8.01.

8.08 Delete clause 8.08 and replace with the following:

The settlement of a grievance without reference to arbitration shall be applied retroactively to the date of the occurrence of the action or situation which gave rise to the grievance, unless the settlement states otherwise.

8.09 Delete clause 8.09 and replace with the following:

(a) Policy Grievance

Where a dispute arises involving a question of general application or interpretation of the Agreement, the Union may initiate a grievance and the parties may mutually agree to bypass Steps 1 and 2 of this Article.

(b) Union May Initiate Grievances

The Union and its representatives shall have the right to originate a grievance on behalf of an employee, or group of employees and to seek adjustment with the Employer in the manner provided in the Grievance Procedure. Such a grievance shall commence at Step 3.

(c) Where the Union has a grievance involving a question of general application or interpretation of the Agreement, or where a group of employees has a grievance, the grievance may in the first instance be submitted at Step 3 of Clause 12.01.

8.10 Delete clause 8.10 and replace with the following:

An employee who is a member of the grievance committee referred to under Step 3 of Clause 12.01 and/or the grievor, shall not suffer any loss in pay for any time lost in processing complaints or attending grievance meetings. However, such an employee shall not leave his/her regular duties for the purpose of conducting business on behalf of the Union or to discuss any business in respect of grievances without first obtaining permission from his/her immediate supervisor. The employee shall notify his/her immediate supervisor when returning to duty.

8.11 Delete clause 8.11 and replace with the following:

Technical Objections to Grievances

No grievance shall be defeated or denied by any technical objection occasioned by a clerical, typographical, or similar technical error, or by inadvertent omission of a Step in the grievance procedure.

8.12 Delete clause 8.12 and replace with the following:

Grievance Procedure

Where an employee grieves against a suspension which is subsequently changed to dismissal, then any Arbitration Board appointed to deal with the grievance shall have the jurisdiction to deal with the merits of the suspension or dismissal.

8.13 Delete clause.

8.14 Delete clause.

8.15 Delete clause.

9.01 Delete clause 9.01 and replace with the following:

Where a difference arises between the parties to or persons bound by this Agreement or on whose behalf it has been entered into and where that difference arises out of the interpretation, application, administration or alleged violation of this Agreement and including any question as to whether a matter is arbitrable, either of the parties may within fourteen (14) calendar days after exhausting the grievance procedure notify the other party in writing of its desire to submit the difference or allegation to arbitration and the notice shall contain the name of the person appointed to be an arbitrator by the party giving notice.

Notice in accordance with Clause 9.01 shall be sent to the Collective Bargaining Division as well as the applicable Department.

9.02 Delete clause 9.02 and replace with the following:

Notwithstanding any other provisions of this Article, the parties may mutually agree to the substitution of a single arbitrator for an arbitration board, in which event, the foregoing provisions of this Article shall apply equally to a single arbitrator when reference is made to an arbitration board. Furthermore, the parties shall endeavour to utilize a sole arbitrator for the majority of arbitration hearings and reserve the use of arbitration boards for case where a party feels it is absolutely necessary.

9.03 Delete clause 9.03 and replace with the following:

The party to whom notice is given under Clause 9.01 shall, within ten (10) calendar days after receipt of such notice, appoint an arbitrator and notify the other party of the name of the arbitrator.

9.04 Delete clause 9.04 and replace with the following:

The two (2) arbitrators appointed in accordance with Clauses 9.01 and 9.02 shall, within fourteen (14) calendar days after the appointment of the second of them, appoint a third arbitrator and these three (3) arbitrators shall constitute an arbitration board. The arbitrator appointed under this Clause shall be the Chairperson of the arbitration board.

9.05 Delete clause 9.05 and replace with the following:

If,

(i) the party to whom notice is given under Clause 9.01 fails to appoint an arbitrator within the period specified in Clause 9.02, the Chairperson of the Labour Relations Board shall, on the request of either party, appoint an arbitrator on behalf of the party who failed to make the appointment and such arbitrator shall be deemed to be appointed by that party; or

(ii) the two (2) arbitrators appointed by the parties under Clauses 9.01 and 9.02 fail to appoint a third arbitrator within the periods specified in Clause 9.03, the Chairperson of the Labour Relations Board shall, on the request of either party, appoint a third arbitrator and these three (3) arbitrators shall constitute an arbitration board. The arbitrator appointed under this paragraph (ii) shall be Chairperson of the arbitration board.

9.06 Delete clause 9.06 and replace with the following:

Grievances that have been referred to arbitration that involve a dismissal shall be scheduled for arbitration within six (6) months of referral.

9.07 Delete clause 9.07 and replace with the following:

Both parties to a grievance shall be afforded the opportunity of presenting evidence and argument thereon and may employ counsel or any other person for this purpose.

9.08 Delete clause 9.08 and replace with the following:

If a party fails to attend or be represented without good cause at an arbitration hearing, the arbitration board may proceed as if the party had been present or represented.

9.09 Delete clause 9.09 and replace with the following:

The arbitration board shall render its decision on the grievance within twenty-five (25) days of the date on which the board is fully constituted.

9.10 Delete clause 9.10 and replace with the following:

The decision of the majority of the members of an arbitration board shall be the decision of the board. The decision of an arbitration board shall be signed by the members of the Board making the majority report.

9.11 Delete clause 9.11 and replace with the following:

The parties and the employees bound by this Agreement shall comply with these provisions for final settlement of a grievance and they shall comply with the decisions of an arbitration board appointed in accordance with these provisions and do or, as the case may be, abstain from doing anything required by that decision.

9.12 Delete clause 9.12 and replace with the following:

Each party required by this Agreement to appoint an arbitrator shall pay the remuneration and expenses of that arbitrator deemed to have been appointed by that party under Clause 9.04 and the parties shall pay equally the remuneration and expenses of the Chairperson of the arbitration board.

9.13 Delete clause 9.13 and replace with the following:

The time limits set out in this Article may be extended, in writing, at any time by mutual agreement of both parties to the arbitration.

9.14 Delete clause 9.14 and replace with the following:

At any stage of the grievance or arbitration procedure, the parties shall have the assistance of any employee(s) concerned as witnesses and any other witness.

9.15 Delete clause 9.15 and replace with the following:

An aggrieved employee who is not on suspension and who has not been dismissed, and is required to appear before an arbitration board shall not suffer any loss in pay while participating in the arbitration proceedings.

9.16 Delete clause 9.16 and replace with the following:

An arbitration board may not alter, modify or amend any provisions to this Agreement but shall have the power to dispose of a grievance by any arrangement which it deems just and equitable.

91.7 Insert the following:

The parties may mutually agree to utilize alternative methods of dispute resolution to resolve grievances that have been referred to arbitration and are encouraged to do so. Sample terms of reference of several ADR processes are contained in Schedule G.

20.01 Delete Clause 20.01 (a) and replace with the following:

In the case of the death of an employee=s mother, father, brother, sister, child, spouse, legal guardian, common-law spouse, grandmother, grandfather, mother-in law, father-in-law, or near relative living in the same household, three (3) consecutive days; and

For the purposes of this article a "common-law spouse" relationship is said to exist when, for a continuous period of at least one (1) year, an employee has lived with a person of the opposite or same sex, publically represented that person to be his/her spouse and lives and intends to live with that person as if that person were his/her spouse.

L#2 Delete L#2 and replace with the following:

In the event that the employees are required to operate a combined service i.e. Fogo/Farewell/Change Islands, they are to be paid at overtime rates for the extra one and one half (1 2) hours necessary to complete the run as is the current practice.

The Employer and the union agree that all current employees (listed below) with recall rights, in effect as of March 31, 2004, to the headquarters area of Fogo/Farewell/Change Islands, will continue to be compensated as above as long as they are employed in this service. All employees who are employed in this service subsequent to March 31, 2004, exclusive of those listed below, will be compensated in accordance with the applicable articles of the collective agreement and will not receive the benefit outlined above.

L#7 Delete item 2 and replace with the following:

The annual meal allowance rate will be $2,000.

Schedule G - Insert the following:

Contained herein are a number of options available to the parties under the Alternate Dispute Resolution process designed to expeditiously settle outstanding disputes which have gone through the grievance process and have been referred to arbitration.

OPTION A - MEDIATION ARBITRATION

In selecting this option, it is the intent of the parties to the dispute, and the mediator to conduct this mediation process in a bona fide and forthright manner and to make a serious attempt to resolve this dispute.

The following is a list of the Terms and Conditions under which the mediation/arbitration shall be conducted.

1. Authority to Settle

It is agreed that in order to have an effective mediation, the parties or their representatives should have full authority to settle this dispute at the mediation conference.

2. Process

It is agreed that in order to resolve the outstanding issues between the parties to this dispute, there will be an effort to isolate points of agreement and disagreement, to explore alternative solutions and to consider compromises or accommodations.

3. Mediator=s Role

The Mediator=s role is to assist the parties to negotiate a voluntary settlement of the controversy and issues as described above. The Mediator is a neutral and impartial person with no interest in the controversy. In the event that the parties are unable to reach an agreement on the subject matter of the dispute, the parties agree that the Mediator is empowered to make decisions for the parties as to how the matter should or must be resolved. The parties hereby agree that they will abide by the decisions voluntarily reached in the matter or will be bound by the decision of the Mediator in the event that the rendering of such a decision occurs. The parties further agree that, in the event that a decision is rendered by the Mediator, such decision shall not be subject to judicial or arbitral review and each party hereby undertakes to take no further proceedings in such a circumstance.

4. Pre-Mediation Information

To facilitate an understanding of the controversy and the issues to be mediated, the parties will provide to the Mediator such written and oral information as may be requested prior to the mediation session(s) and, at the minimum, will provide a brief written summary of the controversy as they see it, not less than ten (10) days prior to the first mediation session. Again, this is optional but, as explained above, would be helpful. The time lines can be decided between you.

5. Preparation to Settle

The parties will come to the mediation fully prepared to settle the controversy, with all necessary information and advice. The parties will ensure that their legal counsel (if required) is available in person, by telephone, or by some other means during the course of the mediation.

6. Confidential Disclosures

It is agreed that the Mediator may disclose to any party or to his/her representative any information provided by the other party which the Mediator believes to be relevant to the issues being mediated, unless a party or his/her counsel has specifically requested the Mediator to keep certain information confidential.

7. Effecting a Settlement

It is agreed that where a settlement is reached in the dispute, the parties will carry out the terms of the settlement as soon as possible.

8. Termination

It is agreed that the mediation conference may be terminated at any time by any party, his/her representative or the Mediator for any reason.

9. Inadmissibility

It is agreed that mediation sessions are settlement negotiations and are inadmissible in any further litigation or arbitration to the extent allowed by law. The parties will not subpoena or otherwise require the Mediator to testify or produce records or notes in any future proceedings. No transcripts will be kept of the mediation conference.

10. Subsequent Proceedings

It is agreed that the parties shall not rely on or introduce as evidence in subsequent arbitral or judicial proceedings:

(a) any view expressed, or suggestions made, by the other party in respect of the possible settlement of the dispute;

(b) any admissions made by the other party in the course of the mediation;

(c) the fact that the other party had indicated a willingness to accept a proposal or recommendation for settlement made by the Mediator.

11. Mediation Sessions

The parties will attend one or more mediation sessions at a time and place scheduled by the Mediator.

12. Outstanding Legal Proceedings

No party will initiate or take any fresh steps in any legal proceedings related to the controversy while the mediation is in progress.

OPTION B - EXPEDITED ARBITRATION

Subject to mutual agreement between the parties, it is agreed that the following process shall be followed in an expedited arbitration process:

(a) In any dispute over application, administration or alleged violation of the Agreement, the parties agree to submit a written brief and/or present oral argument to the sole Arbitrator.

(b) The parties agree to draft a list of three (3) mutually acceptable Arbitrators who will be selected on a rotating basis to deal with each sitting. Future selections of Arbitrators will be considered on a year to year basis.

(c) The parties will present argument/rebuttal based on:

- issue(s);

- applicable provisions of the Collective Agreement;

- general principle of arbitration case law which is applicable, including judicial decisions;

- relevant arbitration awards, judicial decisions, legislation, texts if applicable, and how they apply;

- remedies requested.

Argument/rebuttal will be limited to one (1) hour for each party.

(d) The party bearing the onus of proof will proceed first and rebut, if necessary.

(e) The parties will not call witnesses or submit evidence, however, they can mutually agree to enter consent items.

(f) Decisions may be issued without having to provide the basis of conclusions.

(g) All decisions will be "without prejudice" to any other case(s) with no precedent value being applied to any other case unless the parties mutually agree in writing to allow a decision to have precedent value.

(h) Notwithstanding Clause 9.14, the parties agree that decisions arising out of these arbitrations will not be considered for judicial review unless the parties have mutually agreed in writing to allow a decision to have precedent value in which case either party can consider a decision for judicial review.

(i) Where the parties mutually agree, any step of the process may be altered, if deemed necessary.

OPTION C - MODIFIED ARBITRATION

It is understood that certain issues may have to be referred to the full arbitration process. In the interest of dealing with these cases in the most expeditious manner, wherever possible, modified processes may be used. These may include:

! Arbitration by Grouping (Multiple Grievances)

! Arbitration by Issue (Multiple Grievances)

! The parties may also agree to a pre-determined list of Arbitrators that would be used on a rotational basis.

 

OPTION D - MEDIATION

Where the grievance procedure has failed to settle the grievance, the parties may elect to have the matter referred to grievance mediation process of the Labour Relations Agency prior to electing to proceed to arbitration as outlined in Clause 8.02 (a). If the mediation process fails to resolve the issue, either party may then refer the matter to arbitration in accordance with Article 9.

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.

OPTION E - OTHER

The parties may also utilize modified forms of the above processes or any other ADR process that is mutually acceptable.

 

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 kilometres 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.

 

 

 

 

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

 

2.01 Delete Clause 2.01(e) and replace with the following:

"Employer" or "Board" means the Provincial Information and Library Resources Board or any official authorized to act on its behalf.

Delete Clause 2.01(j) and replace with following:

"service" means any period of continuous employment, excluding overtime, dating from the last entry into employment with the Employer in respect of which an employee is in receipt of salary or wages from the Employer and includes periods of special leave without pay not exceeding twenty (20) working days in the aggregate in any year unless otherwise specified in this agreement.

8.01 Delete Clause 8.01 and replace with the following:

Union Bargaining Committee

A Union Bargaining Committee elected or appointed to negotiate with the Employer shall consist of not more than four (4) members of the Union. No more than two (2) of the members shall be from a single department without the Employer=s prior approval. Such approval shall not be unreasonably denied. The Union will advise the Employer at least two (2) weeks in advance of the commencement of negotiations of the Union members on the committee. Scheduling of negotiating meetings shall take into account that service to the public must be maintained.

10.11 Delete Clause 10.11 and replace with the following:

This collective agreement is fully applicable to all employees listed in Schedule A-3, with the exception that the termination of a probationary employee is not subject to grievance or arbitration procedure, other than on grounds of discrimination.

12.01 Delete Clause 12.01 and replace with the following:

(a) A copy of any document placed on an employee=s personal file which might at any time be the basis for disciplinary action shall be removed from the personal file after the expiration of eighteen (18) months from the date it was placed in the employee=s personal file, providing another warning or reprimand relating to the same or similar offence has not been given within that period. The employee shall be responsible to see that any such document is removed.

(b) Re-number "12.01(a)"

(c) Re-number "12.01(b)"

12.02 Delete Clause 12.02 and replace with the following:

The employee=s written reply to any such document shall become part of his/her personal file. This reply shall be removed from the file at the same time as the document referred to in Clause 12.01(a).

13.04 Delete Clause 13.04 and replace with the following:

An employee shall not lose seniority if he/she is absent from work because of sickness, accident, layoff or leave of absence approved by the employer. An employee shall only lose his/her seniority rights in the event:

(a) He/she is discharged for just cause and is not reinstated;

(b) He/she resigns or retires and is not re-employed within thirty (30) calendar days;

(c) He/she has been laid off in excess of twenty-four (24) consecutive months;

(d) He/she fails to return to work within fourteen (14) calendar days following recall from layoff and after receiving notice by registered mail to do so unless through sickness substantiated by a medical certificate satisfactory to the Employer; or in the case of Community Librarians, unless the position to which the employee is recalled carries a lower rate of pay, lower number of hours or is in a different location from their former position;

(e) He/she is absent from work for five (5) consecutive days without notifying his/her Division Manager, giving satisfactory reason for such absence.

14.01 Delete Clause 14.01 and replace with the following:

Job Posting

When a new position is created, or when a vacancy occurs either inside or outside the bargaining unit and in respect of which the Employer has decided the position will be filled, the Employer shall post notice of the position in the Employer=s offices and on all bulletin boards and in the divisional offices for a minimum of ten (10) calendar days, so that all members will know about the vacancy or new position. Copies of all job postings are to be supplied concurrently to the Local Union Secretary. Librarians and persons on lay-off shall receive all job postings, upon request to the Director of Regional Services.

14.02 Delete Clause 14.02 and replace with the following:

Outside Applicants

All vacancies identified in accordance with clause 14.01, will be posted within the public service prior to outside applicants being considered, except where, in the opinion of the Public Service Commission, it is not in the public interest to comply with this provision.

16.01 Delete Clause 16.01(d) and replace with the following:

(d) The scheduled meal break shall not be less than one-half (2) hour. Unless mutually agreed between the employee and the Employer, the scheduled meal break shall not exceed one (1) hour.

16.03 Delete Clause 16.03(a) and replace with the following:

(a) Not applicable to Community Librarians

Unless mutually agreed between the employee and the Employer, there shall be no split shifts, except for those caused by an authorized meal break and rest periods.

17.01 Delete Clause 17.01 and replace with the following:

Overtime Defined

All time worked beyond the normal daily or weekly hours of work, as prescribed in Article 16, shall be considered overtime and shall be compensated for at the rate of time and one-half (1 2). The employee has the right to be paid for overtime worked rather than being required to take time off in lieu.

20.01 Delete Clause 20.01 and replace with the following:

Sick Leave Defined

Sick Leave means a period of time that an employee has been permitted to be absent from work and without loss of pay by virtue of being sick, disabled, quarantined or because of an accident for which compensation is not payable under the Workplace Health, Safety and Compensation Act.

20.07 Delete Clause 20.07 and replace with the following:

Disability Retirement

If it appears, in the opinion of a medical doctor, that it is unlikely that an employee will be able to return to duty after the expiration of his/her accumulated sick leave, the employee may be retired effective when his/her accumulated sick leave has expired or at retirement age, whichever occurs first. If he/she is to be retired, he/she shall receive such pension award as he/she may be eligible to receive.

21.05 Delete Clause 21.05(a) and replace with the following:

(a) Subject to the approval of the Division Manager, an employee shall be granted special leave with pay not exceeding twenty-one (21) hours a year to attend to:

i. the temporary care of a sick family member;

ii. needs related to the birth of the employee=s child;

iii. medical or dental appointments for dependent family members;

iv. meetings with school authorities or adoption agencies;

v. needs related to the adoption of a child; or

vi. home or family emergencies.

21.06 Delete Clause 21.06 and replace with the following:

Leave for Union Functions

Upon written request by the Union to the Director of Regional Services and with his/her approval in writing, authorized Union representatives may be granted leave with pay for the purpose of attending official Union functions in accordance with the following:

(a) A maximum of thirty (30) days in a year for the bargaining unit for employees who will be attending conventions or educational seminars sponsored by the Canadian Union of Public Employees, the Newfoundland and Labrador Federation of Labour or the Canadian Labour Congress. Where two employees from the same work area request leave, the Employer will give due consideration to the operational requirements in deciding whether to grant leave to both employees.

(b) For an employee who is a member of the Provincial Executive of the Union and is required to attend Executive meetings of the Provincial Executive, leave with pay not exceeding three (3) days in any one year.

(c) A maximum of one day in a year for each shop steward for the purpose of attending educational seminars.

(d) Subject to operational requirements of the Provincial Information and Library Resources Board, the Employer may grant additional leave without pay to Union executive members or elected delegates for the purpose of attending union conventions, seminars or meetings upon written request to the Director of Regional Services.

23.01 Delete 23.01(b) and replace with the following:

(b) For those employees who are not paid via direct deposit and who commence work after 12 noon on payday, the Employer will endeavour to have pay cheques available after 3 p.m. on the day prior to payday. For employees working outside of Stephenville, this clause means that the Employer will endeavour to mail the pay cheques on Monday (or Tuesday if Monday is a paid holiday) for payday on Thursday of that week.

24.01 Delete Clause 24.01 and replace with the following:

All employees covered by this agreement shall be covered by the Workplace Health, Safety and Compensation Act.

24.02 Delete

31.06 Delete Clause 31.06 and replace with the following:

Permanent employees whose positions are declared redundant, or permanent employees who are displaced as a result of a subsequent bumping by a redundant permanent employee, and who are unable to bump or unable to be placed in other employment shall be given notice of termination or pay in lieu of notice. The period of notice shall depend upon the employee=s age and completed years of continuous service since the last date of employment, as per Schedule I. Where an earlier effective date is required, employees shall receive redundancy pay in lieu of notice. Where an employee is eligible to receive severance pay, the notice period and/or the amount of pay in lieu of notice shall be reduced accordingly. Employees who are re-employed with any Employer covered by the coalition negotiations shall be required to pay back part of any severance pay/pay in lieu of notice they received. The amount they have to pay back shall be based on the length of time they have been out of the employment from the Employer covered by the coalition negotiations. The amount repaid will be based on the net amount received by the employee and/or the amount paid to a financial institution on behalf of an employee.

39.01 Delete Clause 39.01 and replace with the following:

Employees who are accepted for employment from another Employer or same Employer covered by Schedule "J" within one-hundred and twenty (120) calendar days of resignation shall retain portability respecting:

(i) accumulated sick leave credits;

(ii) accumulated annual leave entitlements; and

(iii) service for severance pay.

The recognition of the prior benefits shall not exceed the benefits available with the new Employer.

Schedule A-3 B Classification Title & Pay Range Number

Delete the following:

Bookmobile Operator

LB-21

Data Entry Operator

LB-20

Maintenance Repairer I

LB-18

Public Information Officer

LB-30

Secretary (Parenthetical Designator)

LB-25

Schedule G B Labrador Benefits Agreement

Delete and replace with Labrador Benefits Agreement expiring March 31, 2005.

Schedule H B List of Regions

Delete Schedule H and replace with the following:

The following is a list of the regions and the libraries located in each region for the purpose of this Article. The regions and the number and location of libraries in each region are subject to change as determined by the Employer.

REGIONS

Eastern Division

Eastern Division Headquarters
Arnold
=s Cove Library
Bay Roberts Library
Bell Island Library
Bonavista Library
Brigus Library
Burin Library
Carbonear Library
Catalina Library
Clarenville Library
Conception Bay South Library
Fortune Library
Fox Harbour Library
Garnish Library
Grand Bank Library
Harbour Grace Library
Holyrood Library
Marystown Library
Mount Pearl Library
Old Perlican Library
Placentia Library
Pouch Cove Library
St. Bride
=s Library
St. Lawrence Library
Southern Harbour Library
Torbay Library
Trepassey Library
Victoria Library
Whitbourne Library
Winterton Library

 

Provincial Resource Division

A.C. Hunter Adult Library
A.C. Hunter Children
=s Library
Marjorie Mews Library
Michael Donovan Library

IT Eastern

For the purposes of this Article, IT Eastern and the Provincial Resource Division shall be included in Eastern Division.

Central Division

Central Division Headquarters
Baie Verte Library
Bishop
=s Falls Library
Botwood Library
Buchans Library
Carmanville Library
Centreville Library
Change Islands Library
Fogo Island Library
Gander Library
Gambo Library
Gaultois Library
Glenwood Library
Glovertown Library
Greenspond Library
Grand Falls-Windsor Library
Harbour Breton Library
Hare Bay Library
Harry
=s Harbour Library
Hermitage Library
King
=s Point Library
La Scie Library
Lewisporte Library
Lumsden Library
Musgrave Harbour Library
Norris Arm Library
Point Leamington Library
Roberts Arm Library
St. Alban
=s Library
Seal Cove Library
Springdale Library
Summerford Library
Twillingate Library
Wesleyville Library

IT Central

For the purposes of this Article, IT Central shall be included in Central Division.

West Newfoundland/Labrador Division

Western Newfoundland/Labrador Division Headquarters
Bay St. George Library
Burgeo Library
Cape St. George Library
Cartwright Library
Churchill Falls Library
Codroy Valley Library
Cormack Library
Corner Brook City Library
Cow Head Library
Daniel
=s Harbour Library
Deer Lake Library
Happy Valley Library
Labrador City Library
L
=Anse Au Loup Library
Lark Harbour Library
Lourdes Library
Norris Point Library
Pasadena Library
Port au Port Library
Port aux Basques Library
Port Saunders Library
Ramea Library
Rocky Harbour Library
Sops Arm Library
St. Anthony Library
St. Lunaire-Griquet Library
St. George
=s Library
Stephenville Library
Stephenville Crossing Library
Wabush Library
Woody Point Library

IT Western

For the purposes of this Article, IT Western, the Administration Division, and the Technical Services Division shall be included in Western Division.

Letter - Re: Travel Time/Overtime for IT Workers - 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 kilometres 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.

 

 

©Earl G. Tucker, Queen's Printer