1 Table of Contents Page Article 1 – Bargaining Unit and Definition 5 1.01 – Bargaining Unit Recognition 5 1.02 – Definition 5 1.03 – New Job Classification 5 1.04 – Union Work 5 1.05 – Management Rights 6 1.06 – Management Rights 6 Article 2 – Bargaining Agency and Recognition 6 2.01 – Union Security 6 2.02 – Union Business 6 2.03 – Leave of Absence 6 2.04 – Dues Deductions 7 Article 3 – Seniority 3.01 – Definition 3.02 – Seniority List 3.03 – Promotions, Advancement, Vacancies 3.04 – Preferred Jobs 3.05 – Vacancies Due to Illness 3.06 – Lay-Offs 3.07 – Loss of Seniority Article 4 – Hours of Work 4.01 – Regular Hours of Work 4.02 - Overtime Distribution and Rate 4.03 – Work Schedules 4.04 – Notification for No Work 4.05 – Temporary Employee Minimum Call In 4.06 – Call-in After Completion of Normal Shift 4.07 – Adequate Manpower 4.08 – Shift Premiums Article 5 – Wage Rates and Classifications 5.01 – Pay Days 5.02 – Employee Definitions 5.03 – Classifications and Wages 5.04 – Temporary Job Transfers
63
Embed
Table of Contents 1.01 1.02 Definition 5 1.03 New Job …work.alberta.ca/apps/cba/docs/2182-CBA3-2015-FOIP.pdf · 2016-12-19 · 1.03 In the event that, during the life of this agreement,
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
1
Table of Contents
Page
Article 1 – Bargaining Unit and Definition 5
1.01 – Bargaining Unit Recognition 5 1.02 – Definition 5 1.03 – New Job Classification 5 1.04 – Union Work 5 1.05 – Management Rights 6 1.06 – Management Rights 6
Article 2 – Bargaining Agency and Recognition 6
2.01 – Union Security 6 2.02 – Union Business 6 2.03 – Leave of Absence 6 2.04 – Dues Deductions 7 Article 3 – Seniority
3.01 – Definition 3.02 – Seniority List 3.03 – Promotions, Advancement, Vacancies 3.04 – Preferred Jobs 3.05 – Vacancies Due to Illness 3.06 – Lay-Offs 3.07 – Loss of Seniority Article 4 – Hours of Work
4.01 – Regular Hours of Work 4.02 - Overtime Distribution and Rate 4.03 – Work Schedules 4.04 – Notification for No Work 4.05 – Temporary Employee Minimum Call In 4.06 – Call-in After Completion of Normal Shift 4.07 – Adequate Manpower 4.08 – Shift Premiums Article 5 – Wage Rates and Classifications
5.01 – Pay Days 5.02 – Employee Definitions 5.03 – Classifications and Wages 5.04 – Temporary Job Transfers
2
Article 6 – Holidays
6.01 – Paid Holidays 6.02 – Qualification 6.03 – Holiday Occurring on Scheduled Day of Rest 6.04 – Holiday During Work Week 6.05 – Pay for Work on Holiday 6.06 – Elections 6.07 – Pay During Disability Absence Article 7 – Vacations
7.01 – Entitlement and Scheduling 7.02 – Must-Take 7.03 – Holidays During Vacation Period 7.04 – Vacation Pay During Disability Absence 7.05 – Temporary Employee Vacation Article 8 – Health and Welfare and Pension Plans 8.01 – Health and Welfare 8.02 – Pension Plan 8.03 – Sickness and Sick Pay, “Top-up” Using Vacation Article 9 – Holidays
9.01 – Union Stewards 9.02 – Grievance Committee 9.03 – Filing of Grievances 9.04 – Grievance Procedure Article 10 – General Conditions
14.01 – Eligibility 14.02 – Exclusions 14.03 – Amount 14.04 – Deductions 14.05 – Termination of Rights
Article 15 –Duplication of Benefits
15.01 – No Duplication 15.02 – Benefits in Lieu 15.03 – “Top-Up” Provisions Article 16 – Duration and Termination
16.01 – Term Schedule A – Health and Welfare Plan Schedule B – Pension Plan Letters of Intent
1. Closure 2. Short Term Disability Payments
Letters of Understanding:
1. Changing Work Assignments 2. Drivers Licensing 3. Employee Inter-Branch Transfer 4. Warehouse Pickups 5. Privatization of Alcohol Sales 6. Bargaining Unit Work 7. Lethbridge Operation 8. Banked Time Off 9. Branch Manning 10. Preferred Jobs and Operational Flexibility 11. Bonus Vacation Days 12. Group RRSP Plan 13. Technological Change
Appendix A – Variable Compensation System
4
THIS AGREEMENT entered into this 27th day of February, in the year of our Lord Two Thousand and
Fifteen
between
BREWERS’ DISTRIBUTOR LTD.
(hereinafter referred to as the "Company" of the First Part)
and
UNIFOR Local 288
(hereinafter referred to as the “Union” of the Second Part)
5
ARTICLE 1
BARGAINING UNIT AND DEFINITION
1.01 The Company hereby recognizes the Union as the sole and exclusive bargaining agent for all
employees in the bargaining unit.
1.02 (a) The bargaining unit shall consist of all employees of the Company employed in the
branches of the Company at Calgary and Lethbridge, and as represented in the classifications set out in
Article 5 of this Agreement save and except Supervisors, those above the rank of Supervisors and office
staff.
(b) For ease of expression, use of the masculine gender and singular tense shall mean the
same as the feminine gender and plural tense unless otherwise specifically stated.
1.03 In the event that, during the life of this agreement, new jobs are created which are not presently
covered in the current list of classifications herein contained, a new classification and rate for such job(s)
shall be established as agreed upon between the Company and the Union. Should the parties not be
able to agree, either party may invoke the grievance procedures as outlined in clause 9.04, beginning at
Step 4, within two (2) weeks. During the interim, the rate of pay shall be set at the Warehouseman rate,
and follow the progressive wage scale.
Should a current regular employee apply for, and successfully obtain, the new classification, if
created, he shall retain his current rate of pay.
The Company agrees to discuss manpower complements as part of ongoing Union/Management
meetings as the need arises.
In the event of a change in existing jobs or job classifications, the Company shall first advise the
Union and review the need for such change before implementation.
1.04 (a) No employee of the Company, other than a member of the Union shall do any of the
work performed by employees in the bargaining unit, except in cases of training and genuine
emergency. Extreme emergencies shall not be abused by such people, nor at any time shall such
emergencies become a regular or frequent development. Such work shall be defined as the receiving,
warehousing, and handling of full and empty containers and operation of the scrubber at Company
operated premises. It shall also include the delivery of beer and pick-up and delivery of empty bottles
and kegs within the delivery area of the Company’s operating area as identified in Section 1.02 of this
Article.
(b) Work currently assigned within each of the urban areas where Brewers’ Distributor Ltd.
has a branch will be performed by BDL personnel except in cases of emergency where men and
equipment are not available. Such work shall be defined as the receiving, warehousing and handling of
full and empty containers at BDL operated premises and the delivery of beer and the pick up and
delivery of empty bottles and kegs within the delivery area of BDL’s branches.
6
Notwithstanding the above, should BDL discontinue any of its current operations the foregoing
will not apply.
1.05 The right to hire, promote, demote, discharge or discipline for cause, and to maintain discipline and efficiency of employees is the sole function and responsibility of the Employer, subject to the terms and conditions of this Agreement. All matters concerning the operation of the Employer's business not specifically dealt with herein shall be reserved to the Management and be its sole responsibility.
1.06 BDL agrees not to exercise these functions in a manner inconsistent with the provisions of the Collective Agreement.
ARTICLE 2
BARGAINING AGENCY AND RECOGNITION
2.01 Only members in good standing of the Local Union shall be employed by the Company. When
no Union members are available, extra help may be employed as long as it does not cause any lay-off to
Regular Union Members.
All such extra help must obtain a permit card from the Union before going to work, and must
make application to join the Union within thirty (30) days.
The regular Union wage scale will be paid to all such extra help according to the classifications
and scale of wages as is designated in this Agreement.
The local union shall be provided with a bi-monthly report and the union dues owed for any
outside staffing agency that the Company uses to enhance the workforce outside of the regular and
temporary complement.
2.02 No employee shall be discriminated against or discharged for his activity as a Union member or
for doing committee or other work for the Union, provided, however, that permission from the
employer is obtained if such activities occur during working hours and interfere with the employee’s
normal duties on behalf of the Company. It is agreed that such permission, if requested, will not be
unreasonably withheld in any instance.
Employees shall not lose any regular pay for attending meetings approved by the Company,
such as safety or grievance. Additionally, the Union will appoint four (4) employees who shall be
permitted paid time off, to a maximum of eight (8) days per employee, for attendance at negotiation
meetings with the Company. The Union shall be responsible for paid time at arbitrations and meetings
not approved by the Company. In addition the Union shall be responsible for any other expenses
associated with such absences such as meals, travel, accommodation, etc.
It is agreed that an outside representative of the Union’s choice may be present if requested.
2.03 (a) The Company agrees to grant leave of absence for a period of not more than twelve (12)
months, or for the balance of the duration of this Agreement, whichever is longer, to a maximum of two
7
employees in the bargaining unit who have been elected or appointed as officials of the National Union
or of the Local Union, if such duties require a leave of absence from Company duties on a full or part
time basis provided adequate notice is given to the Company.
The Company further agrees to grant leave of absence to employees to participate in any other
activities as appointed by the Union, provided the Company received proper notice and there is no cost
to the Company.
(b) An employee on such leave of absence shall be continued as an active member of the
pension and the welfare plans upon payment of the total contributions, whether from the Union or
from the employee concerned. During such periods of leave of absence the employee’s seniority shall
continue to accumulate as if he were employed at his regular post by the Company. However, it is
understood and agreed that in the event of the closure of the branch from which the employee has
been granted leave of absence, his entitlement for separation pay under Article 14 shall be frozen as of
the date he first took leave of absence.
(c) Individual employees may, with the company’s consent in writing, obtain a leave of
absence without pay when in the opinion of the Head of the Department, conditions so warrant. The
written consent will state the dates at which the leave begins and ends.
Applications for leave of absence must be made through the employee’s immediate supervisor,
however, if the reasons for a leave of absence are of a personal nature, the employee may elect to
discuss the reasons (a) with the Head of the Department or (b) with the Manager, Human Resources,
having first notified the Head of the Department.
2.04 Having received signed authorization cards from employees the Company shall deduct from the
pay of each employee covered by this Agreement, a sum in the amount of current Union dues, and
uniformly applied assessments.
The Company will take the current annual dues and assessments and divide by 26 to arrive at a
pay period deduction. Employees working less than eight (8) hours per pay period will not have dues
deducted.
A written list of the employee’s names and the relative amounts so deducted, shall be
submitted by the Company to the Union Financial Secretary not later than the week following the
deduction.
The Union will notify the Company of the amount of the established dues to be deducted and
will further notify the Company thirty (30) days in advance of any change with respect to the amount of
the established dues and uniformly applied assessments.
Upon granting a leave of absence for union business as per 2.03, the Company agrees to pay an
employee’s wages while on union business and then deduct such wages from the dues check-off for that
month.
8
The Company agrees to include dues deductions on T-4 slips issued to bargaining unit
employees.
ARTICLE 3
SENIORITY
3.01 Seniority is defined as the length of an employee’s service within a branch of the Company as
established in conformity with Article 5.02.
3.02 The Company shall maintain and post a Seniority List on the Branch Bulletin Boards within thirty
(30) days from the date of the signing of this Agreement, and every three (3) months thereafter during
the life of this Agreement. The Union has the right to take up the matter of alleged irregularities on
such list through the Grievance Procedure within thirty (30) days of the list being posted.
3.03 (a) In the event of a vacancy occurring within any job classification in a branch of the
Company, and in the event of an opening occurring within the branch for promotion and advancement,
the Company shall post such job opportunity in the branch concerned within seven (7) days of a
declared vacancy occurring, subject to Clause 1.03. The filling of vacancies, promotions and
advancements within the branch shall be made on the basis of the most senior application, provided he
is competent.
Competency, wherever used in this Agreement, shall be determined based on qualifications,
abilities and the overall (previous) work performance of the applicant/employee.
The Union will receive, upon request, a rationale in writing why one employee was selected over
another, provided the selected employee was not the most senior applicant.
(b) The standard application form that is used for job posting on the bulletin boards shall
fully specify the type of job vacancy.
If a more senior employee than the selected applicant is absent from work during the total
period of the job posting, the Company shall notify the absent employee by registered mail and after
receipt of notification, he shall be permitted to apply for such job within a period of four (4) calendar
weeks after the closing date of such posting.
The Company shall post such job opportunity in the branch concerned for a period of seven (7)
calendar days. The Company will post the name of the successful applicant within seven (7) calendar
days of the closing date of the posting and the successful applicant will assume the responsibilities on
the date his name is posted.
If the new applicant finds within seven (7) calendar days that the job is unsuitable, he will be
allowed to transfer back to the job classification he last held and retain all rights and privileges as if he
had never left. The job opportunity shall be re-posted once, for a period of five (5) calendar days and
will be awarded in accordance with Article 3.03 (a) and (b) above.
9
(c) In the event of a vacancy occurring and no member of the bargaining unit applies for
such vacancy and there is no member on lay-off, the Company shall contact the Union to determine if
the Union can supply a competent candidate for the job vacancy.
(d) If at any time an employee’s job/classification is discontinued, he shall be transferred to
the job/classification he last held, and shall retain all rights and privileges as if he had never left that
position. Should the employee not be able to return to his last position, because he did not have a
previous position, or if there is no longer such job available, he will be placed in a position as mutually
agreed upon by the Company and Union.
(e) In all cases involving an employee who acquires some physical deficiency that
necessitates his transfer to another job in the Company’s operation, the Company and the Union will
mutually decide on which job position such employee will be transferred to.
(f) The filling of preferred jobs within the branch shall be made on the basis of the most
senior applicant, provided he is competent.
3.04 Where there is a position vacant due to the illness or injury of the incumbent extending beyond
twenty-six (26) weeks, the position will be posted on the condition that when the original incumbent
returns to work he will receive his former position, provided he is able to satisfactorily perform the
required duties. In the interim of one (1) day and twenty-six (26) weeks the vacancy will be filled on
seniority basis provided he is competent.
3.05 In the event that it becomes necessary to reduce the work force in any Branch, the Company
shall first lay off temporary employees. If further reductions are necessary, the Company will lay off
employees in reverse order of seniority.
When the work force of a Branch is increased following lay-off, the employees shall be recalled
in order of seniority. The right of recall as contained in this clause shall not be construed as a
prohibition against laid-off employees accepting employment with any other employer.
3.06 An employee will automatically lose his seniority and cease to be an employee of the Company
for any of the following reasons:
(a) if he quits;
(b) if he is discharged for cause;
(c) if an employee is absent from work for three (3) consecutive working days without
having notified the Company and received permission to be absent in advance where that is possible.
The Company will attempt to follow-up with the employee to determine the cause of such absences.
(d) if he accepts gainful employment while on a granted leave of absence without the
Company’s and the Union’s previous consent in writing;
10
(e) if the employee has been laid off and fails to report for work within seven (7) days after
written notice to report to work has been sent by registered mail to his last address registered with the
Company; provided that when an employee is recalled to work and does not report within forty-eight
(48) hours the Company may recall the next employee in line, but he is subject to being displaced if the
first employee does report within seven (7) days;
(f) in case of lay-off for a period of twelve (12) months;
(g) in the case of lay-off if not willing to take full time employment with the Company;
(h) an employee will lose his union seniority if he accepts and holds a position in
management.
ARTICLE 4
HOURS OF WORK
4.01 (a) Eight (8) consecutive hours constitute a Regular employee’s working day. Five (5)
consecutive working days shall constitute a Regular employee’s work week.
(1) Five (5) working days – Monday to Friday, or
(2) Five (5) working days – Tuesday to Saturday, or
(3) Five (5) working days – Sunday to Thursday.
(b) Should the Company schedule Sunday work to meet the needs of its customers (the
brewers and/or licensees), or in cases of genuine emergency, they will first discuss the matter with the
Union. Following that discussion, the Company may schedule employees on Sunday.
(c) A premium of one dollar ($1.00) per hour shall be paid to all employees for each hour
worked on a Sunday.
4.02 (a) Overtime shall not be compulsory provided that an employee not desiring overtime
work can be conveniently replaced with another employee of equal ability.
(b) Designated overtime work shall be allocated equitably among those regular employees
then on shift, willing and competent to do the work. In the event that there is an insufficient number of
regular employees willing and competent to do the work, such work may be assigned to temporary
employees who are competent to do the work.
(c) In the event mandatory overtime is required, and there is an insufficient amount of
workers who have signed the posting it will be assigned to available, qualified temporary employees
in reverse order of their length of employment. In the case of additional employees being required,
this will be assigned to regular employees in reverse seniority. Should a regular employee not sign the
posting and present for the available shift, and can be utilized, they will be assigned where
11
operationally required. Should an employee sign the posting and not present for the work
assignment, they will be subject to discipline, notwithstanding acceptable reasons.
It is further understood, that the Company reserves the right to its discretion when adjudicating
whether the reason to not be available is acceptable. This decision will be solely made by the
warehouse manager and or the assistant warehouse manager.
The company will endeavour to eliminate the need for overtime where practicable.
In the event that two or more employees commence employment on the same date, length of
employment for those employees will be based on their last name alphabetically.
(d) If an employee is required to work on his scheduled day of rest, he shall receive not less
than four (4) hours pay at the applicable rate.
(e) All work performed in excess of eight (8) consecutive hours of work shall be paid at the
rate of time and one-half.
(f) All work in excess of forty(40) hours per week shall be paid at the rate of time and one-
half.
(g) Employees working overtime at the completion of their regular shift shall be afforded a
fifteen (15) minute work break after completion of two (2) hours overtime and a fifteen (15) minute
work break every four (4) hours thereafter. The Company agrees to provide the cost of a meal not to
exceed either dollars ($8.00) for all employees working four (4) or more hours of overtime beyond the
completion of their regular shift.
4.03 The schedule of hours to be worked each day by each Regular employee shall be posted on
Thursday for the following week. The normal weekly work schedule as provided herein may be altered
or varied by mutual agreement of the Company and the Employee’s Representatives at the Company’s
branches. The parties shall not unreasonably withhold agreement. If the parties do not mutually agree,
it is understood that the junior competent employee will be assigned the altered or varied work
schedule. Regular and Temporary employees are responsible for checking the posted work schedule.
The Company shall not schedule split shifts.
4.04 Employees must be notified before quitting time if they are not to report for work the next day.
If they are not notified and report to work, then they shall be paid for the whole day provided that they
work the whole day. In the event that a Temporary Employee is not at work the day prior to the shift in
question they are responsible for checking the posted work schedule.
4.05 Temporary employees and students called out to work for less than one half day, in either the
morning or afternoon, shall receive not less than one half day’s wages in each instance at the applicable
rates for that day.
12
4.06 Any employee required to return to work after the completion of his normal shift shall receive
not less than four (4) hours pay at the applicable rate.
4.07 (a) The Company will supply adequate manpower on all operations in all departments at all
times so that an employee will not be required to perform more than a fair day’s work.
(b) Clause (a) shall not be construed to mean that the manning of all operations is at
present exactly adequate or that all employees are presently assigned exactly a fair day’s work, and
accordingly, changes in the manning of crews and changes in any employee’s work load may be made so
long as the resulting situation is not a violation of Clause (a).
4.08 Any shift starting between 6:00 a.m. and 2:00 p.m. shall be considered the day shift.
Any shift starting after 2:00 p.m. or before 10:00 p.m. shall be considered the afternoon shift
and effective April 1, 2009 shall receive one dollar ($1.00) per hour over the hourly rate for all hours
worked.
Any shift starting after 10:00 p.m. or before 6:00 a.m. shall be considered the night shift and
effective April 1, 2009 shall receive one dollar twenty-five ($1.25) per hour over the regular hourly rate
for all hours worked.
ARTICLE 5
WAGE RATES AND CLASSIFICATIONS
5.01 Pay day shall be bi-weekly on Friday for the two (2) weeks ending the previous Saturday.
5.02 (a) Regular Employees
(1) A Regular Employee is any full time employee covered by this agreement who is
presently on the seniority list of the Company.
Any regular employee currently classified as Tractor driver, Driver, Shipper/Receiver, Fork Lift
Operator, Picker, Warehouseman, or Bottle Buyer will maintain their current classification, subject to
the operational requirements of the Company. Any regular employee hired or permanently transferred
on or after April 1, 2000, will be placed in either the Warehouse or Transport classification, dependent
on the operational needs of the Company. It is understood that employees may be required to perform
work outside their classification, subject to the efficient operation of the Company.
(2) Any Employee who has been selected to fill a declared job vacancy and who,
after satisfactorily completing a probationary period of (90) working days of employment in that job, will
then be reclassified as a Regular Employee and placed on the seniority list. A seniority date will then be
established by counting back (90) working days from the completion of the probationary period.
13
(b) Temporary Employees
(1) A Temporary Employee is one hired to meet the additional manpower
requirements of the operation. These employees will be subject to a ninety (90) working day
probationary period.
(2) It is recognized that a Temporary Employee will be terminated once the
seasonal or other need for which he was hired has been met.
(c) Lead Hands
Lead Hands shall be those designated by the Company from time to time to direct some phases
of the operation over and above the ordinary duties required of the job classification. The Lead Hand
has no authority to discipline employees. Effective April 1, 2012, the Lead Hand rate shall be one dollar
($1.00) per hour above the rate for the job classification for those hours worked as a Lead Hand.”
5.03 Classification and Wages
(a)(1) Class 1 Designation:
(a) Any current employee that has changed classification or new employee who accepts a
Transport classification requiring a Class 1 certification will be subject to a one hundred eighty (180)
working day probationary period. They will also be required to undergo an evaluation process which
may be conducted by an internal or external evaluator. For employees who previously held a position
requiring a Class 1 certification and who have not driven in the past twelve months, they will not be
subject to the one hundred eighty (180) working day probationary period, but they will be required to
undergo an evaluation process which may be conducted by an internal or external evaluator.
(b) A regular employee who bids on a position requiring a Class 1 certification and who does
not meet the requirements necessary for a Class 1 position will be reclassified to their previous posting.
(c) A new employee hired directly into a Class 1 position not meeting the requirements
necessary during the probationary period of one hundred eighty (180) working days in that position;
that employee will be subject to termination.
(2) The parties agree that current temporary employees will be given the first opportunity
to apply for the vacancies for regular positions and the vacancies will be filled on the basis of merit,
ability, competency and qualifications. In the event a current temporary employee is selected to fill a
position requiring a Class 1 license and that employee does not hold a valid Class 1 license, the Company
agrees to pay the employee at the current temporary employee rate during the training period. Upon
completion of training and verification of Class 1 certification, the employee will be reclassified as a
regular employee and will receive the appropriate rate of pay. Following successful completion of a
probationary period of 180 working days as a Regular employee, the Company will provide the training
to a maximum of thirty (30) hours inclusive of testing and licensing.
14
a) If the employee does not successfully complete their Class 1 certification within sixty
calendar days of the payment of license costs, the employee agrees to reimburse the Company one
hundred percent (100%) of the license costs.
b) If the employee does not successfully complete their probationary period of 180
working days, the employee agrees to reimburse the Company one hundred percent (100%) of the
certification costs.
c) If the employee’s employment is terminated within the first three (3) months of
completing their probationary period, the employee agrees to reimburse the Company seventy-five
percent (75%) of the certification costs.
d) If the employee’s employment is terminated for any reason within three (3) to nine (9)
months of completing their probationary period, the employee agrees to reimburse the Company fifty
percent (50%) of the certification costs.
In the event that a suitable candidate is not available from the current employee complement at that
time, applications will be sought from outside the Company.
b) Wage Scales
The following wage progression is applicable to all regular employees. Employees on this wage scale
will receive wage increases based on actual hours worked.
Hours Worked as Regular Warehouse Employee
Effective April 1, 2015 0%
Effective April 1, 2016 1.25%
Effective April 1, 2017 1.25%
0 – 1040 $19.45 $19.69 $19.94
1041 – 2080 $20.76 $21.02 $21.28
2081 – 3120 $22.07 $22.35 $22.63
3121 – 4160 $23.37 $23.66 $23.96
4161 + $26.01 $26.34 $26.66
Hours Worked as Regular Transport Employee
Effective April 1, 2015 0%
Effective April 1, 2016 2.00%
Effective April 1, 2017 2.00%
0 – 1040 $20.35 $20.76 $21.17
1041 – 2080 $21.66 $22.09 $22.54
2081 – 3120 $22.97 $23.43 $23.90
3121 – 4160 $24.27 $24.76 $25.25
4161 + $26.91 $27.45 $28.00
15
In the event that a temporary employee is awarded a regular vacancy, they will move to the start rate
listed above, and progress through the wage scale according to their actual hours worked in the
classification, however, will be immediately entitled to benefit coverage and regular employee status.
(2) Temporary Employees
Hours Worked Effective April 1, 2015 0%
Effective April 1, 2016 0.75%
Effective April 1, 2017 0.75%
0 – 620 $16.63 $16.75 $16.88
621 – 1040 $17.23 $17.36 $17.49
1041 – 2080 $17.53 $17.66 $17.79
2081 + $17.83 $17.96 $18.10
For employees who work as students, hours worked from date of hire going forward will be
recognized as “Hours Worked” for progression increases only, provided there is no break in service
longer than twelve (12) months.
(c) If an employee is moved temporarily to a lower rated job than his classified position, he
shall retain his own wage, but if an employee requests to be moved temporarily to a lower rated job
than his classified position, he shall be paid at the lower rate of pay for the time spent in the lower rated
job.
5.04 Employees who transfer to other than their regular work temporarily shall receive their regular
scale of wages regardless of where they will be temporarily working. If, however, the work transferred
to is of a higher paid classification in the Wage Schedule the higher rates shall be paid for any period of
one (1) hour or more.
ARTICLE 6
HOLIDAYS
6.01 (a) The following days shall be observed as paid holidays:
New Y ear’s Day Labour Day
Good Friday Thanksgivings Day
Victoria Day Remembrance Day
Canada Day Christmas Day
Heritage Day Boxing Day
And one additional holiday as may be declared by the Provincial or Federal Government.
6.02 A regular employee of the Company, without being required to work on the above days shall be
entitled to receive eight (8) hours straight time pay at his job rate, provided that:
(a) he was not absent on the last work day scheduled for him before the holiday, or the first
work day scheduled for him after the holiday; unless excused by prior authorization of the Company or
16
unless the absence is the result of illness or accident (including WCB) supported by acceptable medical
evidence.
(b) he has worked at least five (5) days, or forty (40) hours during the twenty (20) working
days immediately preceding the holiday.
Temporary employees will receive holiday pay in accordance with Employment Standards,
provided that (a) and (b) above are met.
6.03 If any of the holidays enumerated above fall on the employee’s scheduled days of rest the
employee will receive, by mutual arrangement, either payment for the holiday at regular rates or
another day off as the Holiday. Where the Company schedules another day off, such scheduled day
shall be considered as the holiday for all purposes of the Agreement. The Company will reschedule the
holiday in accordance with the wishes of the employee provided the Company work schedule can be
maintained. The company will post the days on which holidays will be observed no later than February
1st of each calendar year.
6.04 If one or more of the above holidays occur during an employee’s working week, his working
week shall be reduced by eight (8) hours for each such holiday and he shall be paid at the applicable rate
for all work in the week over the reduced working week.
6.05 An employee who is required to work on a paid holiday shall receive, in addition to pay for the
holiday, time and one-half for the time so worked.
6.06 If by reason of an election the Company is prevented from making deliveries in any area the
Company shall, wherever possible, reschedule work in the week so as to avoid lay-off. Where any lay-
off occurs in respect of two (2) elections per year the employees laid off shall be paid their regular
wages for the day.
6.07 If any of the holidays enumerated above occur during an employee’s disability absence for
which he is on Short Term Disability he shall receive the difference between regular pay and the amount
he has received from Short Term Disability for such days during such absence up to fifty-two (52) weeks.
ARTICLE 7
VACATIONS
7.01 (a) During the duration of this Agreement, every Regular Employee shall be entitled to two
(2) weeks vacation per year after one (1) continuous year of service at their regular rate of pay. The
parties agree that April 1 to March 31 shall be the common vacation year. Vacation entitlement shall be
calculated as follows:
An employee shall not be entitled to take any vacation from their date of hire as a regular
employee, to April 1 of the next year. At April 1, the employee shall be entitled to a prorated amount of
17
2 weeks vacation, based on actual hours worked, at their regular rate of pay. At April 1 of the following
year, the employee shall be entitled to two (2) weeks vacation provided they have worked ninety (90)
working days or more in the previous vacation year.
(b) After three (3) years continuous service with the Company, Regular Employee shall be
entitled to three (3) weeks vacation per year at their regular rate of pay provided they have worked one
hundred (100) working days or more in the twelve (12) month period prior to that date each year.
(c) After eight (8) years continuous service with the Company, Regular Employees shall be
entitled to four (4) weeks vacation per year at their regular rate of pay provided they have worked one
hundred (100) working days or more in the twelve (12) month period prior to that date each year.
(d) After fifteen (15) years continuous service with the Company, Regular Employees shall
be entitled to five (5) weeks vacation per year at their regular rate of pay provided they have worked
one hundred (100) working days or more in the twelve (12) month period prior to that date each year.
(e) After twenty (20) years continuous service with the Company, Regular Employees shall
be entitled to six (6) weeks vacation per year, at their regular rate of pay provided they have worked one
hundred (100) working days or more in the twelve (12) month period prior to that date each year.
(f) After twenty-five (25) years continuous service with the Company, Regular Employees
shall be entitled to seven (7) weeks vacation at their regular rate of pay per year provided they have
worked one hundred (100) working days or more in the twelve (12) month period prior to that date
each year.
(g) Should the employee work less than one hundred (100) days in any year, his vacation
entitlement will be pro-rated for the time actually worked. This pro-rated vacation will become the
entitlement for the current year, or if necessary, the following year’s entitlement will be adjusted as
applicable.
(h) Vacations up to an including two (2) weeks shall be arranged between April 1st and
September 30th unless mutually arranged otherwise. Weeks of vacation beyond two (2) weeks shall not
be taken during the busy seasons, unless operationally feasible.
(i) January 1st of each year, the vacation schedule and employee’s vacation entitlement
must be posted and remain posted until February 1st. At this time the Company with the assistance of
the Union Representative, if requested, shall schedule employees’ vacations. Such scheduling is to be
completed by the 15th of March of each year.
(j) The annual vacation schedule will provide for up to fifteen percent (15%) of the regular
employees, to be away on vacation at any one time during the vacation year, unless operationally
feasible. The Company may request that vacation be arranged so that the efficient operation of the
Company is not effected, e.g. availability of class 1 drivers.
18
7.02 Vacations shall be taken with due regard to seniority and shall not be cumulative from one (1)
contract year to another, if the privilege is not exercised in any one year.
7.03 In the event of a paid holiday, as provided in this Agreement, falling during a vacation period,
the employee shall be entitled to an extra day’s holiday with pay. The Company will reschedule the
holiday in accordance with the wishes of the employee provided the Company work schedule can be
maintained. (See also appropriate section in the Employment Standards Code)
7.04 Notwithstanding any other Article of this Agreement, an employee’s annual vacation must be
taken as prescribed by the Collective Agreement. Employees who are in receipt of disability
compensation allowances, such as Workers’ Compensation, short term disability, Company paid sick
leave, etc., shall have added to such allowance, by the Company, vacation wages, if any, so that the
employee receives, during his vacation period, the full amount he would have received had he not been
disabled, sick, etc., but in no event shall he be entitled to receive more in combined compensation and
vacation wages than he would have received were he not in receipt of such disability compensation
allowances.
7.05 (a) In the event temporary employees qualify for vacation under the Employment
Standards Code, these vacations may be scheduled and taken by temporary employees outside of the
peak vacation period (May to September, Christmas and long weekends), and subject to the efficiency of
the operation.
(b) Temporary employees will be provided the option to bank their vacation pay. In the
event an employee has banked their vacation, they may withdraw the entire outstanding amount at
the end of May in each calendar year. Any outstanding balance will automatically be paid to
employees in the first pay period in December and the second pay period in January.
(c) Where a temporary employee is successful in filing a regular job vacancy, all previously
accrued vacation pay shall be paid out, and vacation accrual as a regular employee shall commence, as
stated in 7.01(a), from the established seniority date.
ARTICLE 8
HEALTH AND WELFARE AND PENSION PLANS
8.01 Health and Welfare
A summary of the Company’s Group Health and Welfare Plan is given in Schedule “A” to this
agreement. It is understood and agreed that the Company is not an insurer and that the benefits
described in the schedule shall be governed by the contract with the insurers.
The Health and Welfare Plan will be provided free of cost to the employees. Notwithstanding
this requirement, any employee who moves into Regular Employee status on or after April 1, 2012 shall
19
be required to pay for their first twelve months as a Regular Employee, twenty percent (20%) of the cost
of provision of the following benefits:
a. Extended Health
b. Dental
c. LTD
An employee who is laid off continues to participate in the Health and Welfare Plan of the
Company applicable to employees in his Bargaining Unit to the end of the month following the last
month in which he has worked in the Bargaining Unit. Health and Welfare Plan for the purpose of this
section does not include the Pension Plan or the Company’s Sick Pay, Short Term Disability Plan or Long
Term Disability Plan which covers only indemnity for wages actually lost because of illness or accident.
An employee on layoff who, pursuant to the above, has ceased to participate in the Health and
Welfare Plan is restored to participation immediately upon completion of eight (8) hours work in the
Bargaining Unit.
8.02 Pension Plan
The Company will amend the Pension Plan as detailed in Schedule “B” of this Agreement.
8.03 Sickness and Sick Pay
(a) Sickness shall be no cause for discharge. Upon recovery from any sickness, supported
by a medical certificate if necessary, the employee shall be re-employed in his former capacity.
(b) (1) Employees who achieve Regular status after April 1 in the contract year, shall be
credited with two (2) hours of sick leave benefit for each full month remaining in the contract year.
(2) Regular status employees as at April 1 shall be credited with forty (40) hours
of sick leave benefit per contract year. All unused sick leave will be paid out March 31.
(3) Only twenty-four (24) hours of sick leave benefit may be used at one (1) time.
(c) The Company shall have the right to request a doctor’s certificate attesting to an
employee’s illness, disability or fitness for work on a form provided by the Company for this purpose
(this is not access to confidential medical information).The Company shall pay the cost of any fees.
Abuse, misrepresentation, or misuse of the sickness or disability provisions will result in
the employee being ineligible for benefits for the period in question.
(d) The sick leave benefit may be used, in cases of disability from occupational accident or
non-occupational illness to provide full compensation.
When it becomes apparent that an employee, who is on STD or a WCB claim, will not
return from the claim in time to exhaust his/her vacation entitlement prior to the fiscal year end (March
20
31), STD or the WCB benefits shall be topped up to March 31 to full daily earnings, and the equivalent
hour and dollar amount shall be reduced from his/her vacation bank.
Should there be vacation remaining at March 31, the employee shall be required to
carry-over a maximum of two (2) weeks vacation entitlement to be used as time off immediately upon
his/her return to work from STD or the WCB claim.
At March 31, any vacation entitlement in excess of two (2) weeks shall be paid out.
(e) In the event that an employee becomes ill or is injured after having commenced his
vacation, and the illness continues to the point where, if at work, he would have qualified for Short Term
Disability coverage, he shall have any full days of the remainder of his vacation canceled for the period
that he would have qualified for Short Term Disability coverage, and rescheduled at a later date. In
order to implement this clause, the employee must first contact his supervisor immediately if he
becomes ill or in injured and he must be able to meet the Short Term Disability requirements. No Short
Term Disability payments will be made for that period in which the employee was in receipt of vacation
pay.
(f) The Union agrees to co-operate in the communication and support of the Employee and
Family Assistance Program (EFAP).
ARTICLE 9
GRIEVANCE PROCEDURE
9.01 The Company acknowledges the right of the Union to select three (3) shop stewards and one (1)
Chief Steward at Calgary, plus one (1) shop steward at Lethbridge.
9.02 There shall be a Grievance Committee consisting of up to three (3) employees designated by the
Union, who are actually then in the employ of the Company, and who will be afforded such reasonable
time as may be required to attend Grievance meetings held at the request of the Management or the
Grievance Committee. The Union shall advise the Company of the names of the members of the
Grievance Committee and Shop Stewards, in writing, and also of any changes from time to time.
9.03 The Company or the Union, or aggrieved employees, can file grievances for processing under
this Agreement.
In the case of a grievance being filed by either the Company or the Union respecting any
grievance as distinguished from that first tendered by an aggrieved employee the parties shall
commence discussions at the second step of the grievance procedure, and the grievance shall be put in
writing by the aggrieved party should settlement not be reached in that step.
9.04 9.04 In the case any grievance arises, an honest effort shall be made to settle the differences
in the following manner:
21
Step No. 1
The aggrieved employee shall notify the Shop Steward who will immediately request time off
from his Supervisor in order to take up the matter. The Shop Steward with or without the aggrieved
person, shall take up the matter with the Supervisor within ten (10) working days of the grievance
arising or becoming apparent. Failing a satisfactory settlement, the grievance shall be put in writing on
the forms provided by the Union and shall be signed by the Shop Steward. The Supervisor shall give his
answer on the form and sign his name within five (5) working days, after which the second step may be
invoked.
Step No. 2
(a) The Grievance shall be submitted on a grievance form by the Union Executive within five (5)
working days to the Manger, Operations – or his designate (which at all time will be a
management person with a position of Supervisor or above).
(b) The Manager, Operations – or his designate shall have five (5) days in which to give his
answer to the Grievance Committee in writing and return same to the Union Executive
within the five (5) working days.
Step No. 3
If not resolved in Step No. 2 the grievance shall be submitted by the Union Executive to the
Manager, Human Resources within two (2) working days. The Union and the Company shall, within
three (3) working days fix a firm date for a meeting to be held within fifteen (15) working days between
the Grievance Committee of the Union, the Manager, Operations and the Manager, Employee Relations,
or their designates, to deal with the matter . The Company shall have five (5) days in which to give a
response to the Greivance Committee in writing. If settlement is not reached, Step No. 4 may be
invoked.
Step No. 4
Should the parties be unable to resolve the grievance at Step 3, either party may submit the matter to
an Industry Troubleshooter or for arbitration within sixty (60) days..
(a) A single arbitrator that is satisfactory to both parties will be selected to hear the grievance.
Should the parties not be able to agree on an Arbitrator within sixty (60) days, either party
may apply to the Alberta Labour Relations Board for a list of five (5) prospective arbitrators
to be forwarded to each of the parties. Upon receiving the list, the parties will have up to
ten (10) working days to agree on an arbitrator from the list. If the parties cannot agree,
then either party may ask the Minister of Labour to appoint an arbitrator.
22
(b) The parties undertake to prepare a “statement of agreed facts” for submission to the
arbitrator. This statement will be prepared jointly by the parties after a matter has been
referred to arbitration.
(c) The arbitrator shall not have any jurisdiction to alter or change any of the provisions of this
Collective Agreement, or to substitute any new provision in lieu thereof. The decision of the
arbitrator will be final and binding upon the parties and the employee(s) concerned.
(d) The Company and the Union shall bear the expenses of their respective counsel for
arbitration. All other reasonable costs of such arbitration, including the fees and expenses
of the arbitrator shall be equally shared by both parties to this Collective Agreement.
(e) Where an Arbitrator finds in favour of an aggrieved employee, such employee shall receive
full back pay for time lost arising out of the grievance and full reinstatement in his former
job, including all benefits and entitlements, held prior to the grievance having arisen.
Where an employee has been suspended, dismissed or disciplined, the Arbitrator may
confirm, modify, or set, aside the decision. The Arbitrator shall have the power to decide if
the question before him is arbitrable.
Industry Troubleshooter
A) Where the parties agree to invoke the use of an Industry Troubleshooter the
appropriate process will apply. This process will only apply when both parties agree to
utilize the Industry Troubleshooter, should both parties not agree, then the Arbitration
process will take place.
B) As the process is intended to be non-legal, legal counsel will not represent either party
during this process All presentations should be short and concise and are to include a
comprehensive opening statement.
C) Prior to rendering a decision, the Industry Troubleshooter may assist the parties in
mediating a resolution to the grievance(s). Where mediation fails or is not appropriate,
a decision shall be rendered as contemplated within and may include an immediate
verbal award if the parties so agree, with a formal written award to follow. The decision
of the Industry Troubleshooter is to be completed and delivered in ten (10) working days
of the hearing.
D) Industry Troubleshooter shall have the power and authority to conclusively settle the
dispute and his/her decision shall be binding on both parties. The Industry
Troubleshooter shall not have the power to change the Collective Agreement or alter,
modify or amend any of its provisions. The Industry Troubleshooter shall have the
power to dispose of the grievance in any manner he/she deems just and equitable.
23
E) Any decision of an Industry Troubleshooter will be without prejudice. There will be no
precedent set for future cases to be heard the same way.
F) If either party believes that the Industry Troubleshooter has erred in law or if either
party feels that the Industry Troubleshooter’s decision has altered the Collective
Agreement, either party will have the opportunity to proceed to Arbitration.
G) The parties will agree to a list of Industry Troubleshooters to hear cases and be jointly
responsible for the expenses of the Industry Troubleshooter.
ARTICLE 10
GENERAL CONDITIONS
10.01 (a) When an employee (Regular or Temporary) attends the funeral of an immediate relative
he shall receive paid leave of absence as is reasonable under the circumstances to enable him to look
after the funeral arrangements. Only regular working days shall be paid for. The extent of such leave
shall be at the discretion of the Company, depending on the time of the bereavement in relation to his
regular time off, the distance to be traveled, etc.
The general standard of bereavement time shall be three (3) consecutive days.
Immediate relative shall be defined as spouse (as designated for benefits coverage),