COLLECTIVE AGREEMENT

between

COMMUNITY FUTURES DEVELOPMENT CORPORATION OF THE SHUSWAP

Community ... Futures Sh(ISwap

-AND-

THE CANADIAN UNION OF PUBLIC EMPLOYEES, LOCAL 5035

c On tire frontline

~Err(Jl's and Omissions Excepted"

TERM OF AGREEMENT:

April 14, 2012 TO April 13, 2015

TABLE OF CONTENTS PAGE #

ARTICLE 1" PURPOSE OF AGREEMENT .................................................................... 1 1.01 .............................................................................................................................. 1

ARTICLE 2 -INTERPRETATION ................................................................................... 1 2.01 ....................................................................................................... , ...................... 1 2'.02 .............................................................................................................................. 2

ARTICLE 3 - APPLICATION OF THE AGREEMENT .. " ................................................ 2 3.01 .............................................................................................................................. 2

ARTICLE 4 - RECOGNITION ........................... " ............................................................ 3 4.01 .............................................................................................................................. 3 4.02 .............................................................................................................................. 3 4.03 ..................................................................................... ; ........................................ 3 4.04 .............................................................................................................................. 3

ARTICLE 5 - MANAGEMENT RIGHTS .......................................................................... 3 5.01 ............................................................................................................................... 3· 5.02 .............................................................................................................................. 3

ARTICLE 6 - UNION SECURITY .................................................................................... 3 6.01 .............................................................................................................................. 3 6.02 ............................................................................................................................. .4 6.03 .............................................................................................................................. 4 .6.04 .............................................................................................................................. 4 6.05 .............................................................................................................................. .4 6.06 .............................................................................................................................. .4

ARTICLE 7 - RIGHTS OF STEWARDS ......................................................................... 4 7.01 .............................................................................................................................. .4 7.02 .............................................................................................................................. 4

ARTICLE 8 - DISCRIMINATION, HARASSMENT AND DUTY TO ACCOMMODATE .. 4 8.01 ............................................................................................................................. .4 8.02 .............................................................................................................................. 5

ARTICLE 9 - BULLETIN BOARDS ................................................................................. 5 9.01 .............................................................................................................................. 5

ARTICLE 10 - MEDICAL FITNESS ................................................................................. 5 1 0.01 ............................................................................................................................. 5

ARTICLE 11 "PROBATION ............................................................................................ 5 11.01 ............................................................................................................................ 5

ARTICLE 12· PAYMENT OF WAGES AND ALLOWANCES ........................................ 5 12.01 ............................................................................................................................ 5 12.02 ............................................................................................................................. 5 12.03 ............................................................................................................................ 6

ARTICLE 13 • HOURS OF WORK .................................................................................. 6 13.01 ............................................................................................................................ 6 13.02 ............................................................................................................................ 6 13.03 ............................................................................................................................ 6 13.04 ............................................................................................................................ 6

ARTICLE 14· OVERTIME .............................................................................................. 6 14.01 ............................................................................................................................ 6 14.02 ............................................................................................................................ 6

ARTICLE '15· SENIORITY .............................................................................................. 6 15.01 ............................................................................................................................ 6 15.02 ............................................................................................................................ 7 15.03 ............................................................................. ; .............................................. 7 15.04 ............................................................................................................................ 7 15.05 ........................................................................................... _ ................................ 7

ARTICLE 16· LAYOFF AND RECALL ........................................................................... 8 16.01 ............................................ _ ................................................................................ 8 16.02 ............................................................................................................................ 8 16.03 ............................................................................................................................ 8 16.04 ............................................................................................................................ 8 16.05 ............................................................................................................................ 8 16.06 ........................................................ , .............................................................. , .... 8

ARTICLE 17· RESiGNATIONS ...................................................................................... 9 17.01 ................................................................................ , ........................................... 9 17.02 .................. , ............................. , ..................... , ........... , ......................... , ................ 9 17.03 ............................................................................................................................ 9 17.04 ................ , .................................................................................... , ...................... 9 17.05 ........ , ................ , ..................... , ......................................................... : .................. 9

ARTICLE 18· TERMINATION OF EMPLOYMENT ........................................................ 9 18.01 .................................. , ..................................................... , ................................... 9 18.02 .................. , ..................................... , ..................... , ............................................. 9

ARTICLE 19· DISCIPLINARY ACTION AND UNSATISFACTORY PERFORMANCE .. 9 19.01 ............................................................................................................................ 9 19.02 ...................... , .................... , .......................................................................... , ..... 9

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19.03 .......................................................................................................................... 10 19.04 .......................................................................................................................... 10 1'9.05 .................................................................................................................. , ....... 1 0

ARTICLE 20· GRIEVANCE PROCEDURE .................................................................. 10 20.01 ............................................................................................... , .......................... 10 20.02 .......................................................................................................................... 1 0 20.03 ................................................................................................................... , ....... 10 20.04 ................................. , ........................................................................................ 10 20.05 ........................................................................... , .............................................. 10 20.06 .............................................................................. , ......................... , ................. 11 20.07 .......................................................................................................................... 11 20.08 .......................................................................................................................... 11 20.09 .......................................................................................................................... 11 20.1 0 ............... , ........................................................................................................... 11 20.11 .......................................................................................................................... 12 20.12 .......................................................................................................................... 12 20.13 .......................................................................................................................... 12

ARTICLE 21 - GREIVANCE ARBITRATION PROCEDURE ........................................ 12 21.01 .......................................................................................................................... 12 21.02 .......................................................................................................................... 13 21.03 .......... , ................... , ............ , .............................................................................. 13

ARTICLE 22 • ACCESS TO PERSONNEL FILE .......................................................... 13 22.01 .......................................................................................................................... 13 22.02 ...................................................... , ............................................ , ...................... 14

ARTICLE 23· PROMOTIONS AND STAFF CHANGES ............................................... 14 23.01 ...................................................... , ................ , .................................................. 14 23.02 .. , ...................................... , ............ , ..................... ~;;-; .................................. ", ..... 14 23.03 ......................................... , ............................. , ................................................... 14 23.04 ........................................................................ , .................................................. 14 23.05 ........................... : ...................................................................................... , ....... 14

ARTICLE 24 - VACATION ............................................................................................ 14 24.01 ................... , ........................................................ , ............... , ............................. 14 24.02 .......................................................................................................................... 15

ARTICLE 25 - HOLIDAyS ............................................................................................. 15 25.01 ......................................................................................................................... , 15 25.02 ............................................................................ , ............................................. 16 25.03 .................................. , ......................................... , ............................................. 16

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ARTICLE 26 - SICK LEAVE .......................................................................................... 16 '26.01 .......................................................................................................................... 16

26.02 .......................................................................................................................... 16

26.03 .......................................................................................................................... 16 26.04 .......................................................................................................................... 16 26.05 .......................................................................................................................... 16

26.06 .......................................................................................................................... 16 26.07 .......................................................................................................................... 16 26.08 .......................................................................................................................... 16

26.09 .......................................................................................................................... 17 26.10 .......................................................................................................................... 17

26.11 .......................................................................................................................... 17 26.14 .......................................................................................................................... 17

ARTICLE 27 - LEAVE OF ABSENCE ........................................................................... 17 27.01 ......................................... : ................................................................................ 17

27.02 ............................................................................................... , .......................... 18 27.03 .................................................................................. , .... : .................................. 18

27.04 .......................................................................................................................... 18 27.05 ........................... , ............ , ................................................................................. 19 27.06 ....................................................................................................... " ... , ............ ,20

27.07 ' ..... , .................. , ........... , .... , .. , .... , ....................... , ..................... , ......................... 20 27.08 ............................................. ' ....... , .............................. , .. , ................................... 20

27.09 ..................................... ,., ................................................................................... 21 27.1 0 ........ ,.,', ............................... , ................ ,.,.,, ........... , ........... , ... , .......... , ...... , ..... , .. .21

ARTICLE 28 - STRIKES AND LOCKOUTS .................................................................. 22

28.01 ........ ", ... , .. , .......... , .... , ........ ," """"" .. , ...... ' .. ," , ............... , .... ' ... , ....... "., "" ..... , ...... 22

ARTICLE 29 -TRAVEL AND TRANSPORTATION ....................................................... 22 29.01 ........................ , ...... , ........ , ....... , ............. , .. , ........ , ..... , .. ,' .. , .... , ......... , ................ , .. 22

29.02 ... ,., ...... "' .. , ....... " ..... , ............ , ....... ' ...... , ......... , ................................................... 22 29,03 ............ , ... , .. ' .................... ,',., ....... ', ......................... , .... , ........ , ...... , ..................... 23

ARTICLE 30 - JOINT CONSULTATION COMMITTEE ................................................. 23 30.01 ........ , .......... ,',."., ... ' ... ' .... ' ............ , ................... ,., .................................. " ........... 23 30.02 ........... , ......... ,.' ..... , ......... ', ................. , , .......... ,' .. , ...... , ......... , ... "., , ........ , ............. 23

ARTICLE 31- CORRESPONDENCE ............................................................................. 23 31.01 ...... ,', ................ , ... ,." ... , ...... , .. , .... , .. , ...... , ......... , .... , ...... , ...... , .. ,., ............ , ... , ......... 23

ARTICLE 32 - CONTINUATION OF ACQUIRED RIGHT.. ............................................ 23 32.01 , ..... ,' .. , ...... , .... , .. , ............ ,' ,., ....... , ..... ,', ... , ... ,.' , ... ,., ......... , ..... ,." ............ , .... , ........ :23

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ARTICLE 33 - NEGOTIATION MEETINGS ................................................................... 23 33.01 ,. """""'" ............. , ... " ............ , ... , .. , ...... , .... , .. , ... , .. , ................. " .. , .. , .. " .... , ...... " .... 23

ARTICLE 34 - BENEFIT PLANS ............................................. , ..................................... 24 34.01 . , ....... ,"", , .... , .... , .... , ..... , .... , ... , .... , , ............ , .. , .... , ..... , .. ,., ... , ...... , .... , .... , .............. " .24 34.02 ., .. , ..... , .... " .... , .... ,., .. , .......... , ... , .... , .. , .. " .... ,., ... , ......... , ........ , ............. , ............... , .. , .24 34.03 " .... , ............ , ..... ,., .... ' .. , ................. , ........ , .... , .... , .... ,', .... , .... , ........... , ...... , .... " .... ,' .24 34.04 , .................. , ..... ,., ....... , ... ""'" " .... " ........... "., ... , ... ,", ...................... ""'" .. " ......... 24 34.05 .,', .... , ................. , ............ "., .......... , ................... ,'." ......... " .. , ......... , ...... , ....... , ..... 24

ARTICLE 35 - SERVRANCE/RETIREMENT ................................................................ 24 35,01 ........ " ... , .. ,., ....... , ... , ................ , ............. , ......... " .... " .......... " .. ,,, ... ,, .. , .. ,, ........ ,. " .. 24

ARTICLE 36 - EDUCATION ALLOWANCE AND TRAINING ....................................... 24 36.01 ................ ".,' ..... , .... , .. , ........................... , .... , .... , ......... , ..................... , ............ , "".24

ARTICLE 37- DURATION OF AGREEMENT ............................................................... 24 37.01 " ..... , .. , .. ,', .. ,.,." .... , .. ,., ..... , ........... , .... , ..... , , .. , ......... , .............. ,', .... , .... ,., ..... " ... ,.," .24 37.02 ", .... , .. , .... , .. ,,' .. , .... , .......... ,. ' ......... , .... , .. "." .. , " .. ,,, .. , .... ,', ....... ,', .... , ................. ,'" .. 25 37,03 ""'''''''''''' , ...... , .... , ... , ... , .. ' ...... , ...... , ............ , .... ,., ....... "., .... ,,",., .. , .... , ... ', ....... ,,", .25 37,04 , ........... , .. , ....... , .... , .... , .. , .. ,., ........... '"., ......... , ..... , ..... " ... ,., .. ,', ... , .. , ... " ... ,' ........ ,'" .25

SCHEDULE A - WAGE SCHEDULE ...... , ...................................................................... 26

PROBATIONARY RATE OF PAY ................................................................................. 26

MEMORANDUM OF UNDERSTANDING #1 ......................................................... " ..... 27 RATE OF PAY FOR ASSISTANT BUSINESS ANALYST DUTIES FORMING PART OF TANJA

CARLSON'S POSITION " ....... , .. ' ...... , .. , ... ,., ....... ,.,', ...... ', .. ,., .... ,,, ....... ,', .. ,', ... ,, ... ,., .. , ...... " .. 27

MEMORANDUM OF UNDERSTANDING #2 ................................................................ 28 CONTRACTING ..... " ... , .... , ....... "., ..... " .. ", ............... ' .. " .. "., .. ,', ... , ... " .. ,.,",., .. ," ..... , ........... 28

MEMORANDUM OF UNDERSTANDING #3 ................................................................ 29 RETURN OF BARGAINING UNIT WORK CURRENTLY ELIMINATED OR DISCONTINUED ............ 29

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COLLECTIVE AGREEMENT

BETWEEN:

AND:

Community Futures Development Corporation of the Shuswap (hereinafter referred to as the "Employer")

Party of the First Part;

THE CANADIAN UNION OF PUBLIC EMPLOYEES, LOCAL 5035 (hereinafter referred to as the "Union')

Party of the Second Part,

ARTICLE 1 . PURPOSE OF AGREEMENT

1.01 The purpose of this Agreement is to maintain a harmonious relationship between the Employer and jts employees; to provide an amicable and equitable method of settling grievances or differences which might arise; to maintain mutually satisfactory working conditions, and wages, for all employees who are subject to the provisions of this Agreement and generally to promote the mutual interest of the Employer and such employees.

ARTICLE 2 • INTERPRETATION

2.01 In this Agreement, unless the context otherwise requires, the expression:

(a) "dismissal" means the removal of an employee for disciplinary reasons, from a position of employment for just cause;

(b) "employee" means a person who is employed by the Community Futures Development Corporation of the Shuswap within the scope of this Agreement;

I) A Regular employee is an employee who works a regularly scheduled position;

ii) "full-time employee" means an employee who regularly works thirty-seven and one-half hours per week;

1

(c)

(d)

(e)

(f)

iii) "part-time employee" means an employee who is scheduled to work less than the full prescribed hours per week as per 2.01 b)ii)on a regular and recurring basis;

iii) "term (temporary) employee" means an employee hired for a specified period of time. A term employee shall be covered by the terms of this Agreement from the date of hire, unless otherwise limited by the Agreement.

iv) "casual employee" is an employee whose work is irregular, non-recurring, and does not follow a predetermined schedule of work. A casual employee is not covered by this Agreement and only works up to 480 hours in a calendar year.

"position" means a position of employment with the Community Futures Development Corporation of the Shuswap which is in the bargaining unit;

"Employer" means the Community Futures Development Corporation of the Shuswap as represented by the General Manager or his/her designate;

"steward" means an employee appointed or elected by the Union who is authorized to represent the Union, an employee or both, in the handling of grievances or matiers pertaining to this Agreement;

"termination" means the permanent separation of an employee from a position of. employment whereby all commitments to that employee have been discharged by the Employer;

2.02 Where the singular or the feminine expressions are used in this Agreement, the same shall be construed as meaning the plural or the feminine or the neuter gender where the context so admits or requires and the converse shall hold as applicable.

ARTICLE 3 • APPLICATION OF THE AGREEMENT

3.01 This Agreement shall apply to all employees of the Employer covered by Certification dated November 2nd

, 2010 issued by the British Columbia Labour Relations Board and to all employees of the Employer who are employed in classitlcalions set forth under Schedule "A".

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ARTICLE 4 • RECOGNITION

4.01 The Employer recognizes the Union as the sole and exclusive bargaining agent for all employees who are employed under this Agreement.

4.02 The Union recognizes the responsibility imposed upon it as the sole and exclusive bargaining agent for the employees whom it represents, and realizes that in order to provide maximum opportunities for continuing employment, good working conditions and good wages, the Employer must serve the public efficiently, effectively and economically consistent with fair labour standards.

4.03 The Union further agrees to cooperate in efforts to eliminate waste; to improve the quality and effectiveness of performance of employees; and to strengthen and maintain goodwill between the Employer and the public.

4.04 No employee shall be reqLlired or permitted to make any written or verbal agreement with the Employer or Its representatives which conflicts with the terms of this Agreement unless it is mutually agreed upon by the Union and the Employer.

ARTICLE 5 . MANAGEMENT RIGHTS

5.01 Except where expressly abridged, delegated or modified by a specific provision of this Agreement, the Union expressly agrees and recognizes that the Employer has the sole and exclusive right, power and authority to manage its operations in all respects including, without limiting the generality of the foregoing, the right to schedule overtime, and the right to make, enforce and revise from time to time rules and regulations, to be observed by the employees, which rules and regulations, shall not be inconsistent with this Agreement.

5.02 In administering this Agreement, the Employer shall act reasonably, fairly, in good faith and in a manner consistent with the Agreement as a whole.

ARTICLE 6· UNION SECURITY

6.01 Each and every employee who comes under the scope of this Agreement shall have an amount equal to the current union dues deducted by the Employer from each pay, whether (s)he is a member of the Union or no!. Such dues shall be forwarded to the Secretary-Treasurer or the National Union monthly, together with a list of names of employees from whom deductions have been made and the amounts of such deductions.

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6.02 The Union shall notify the Employer in writing of any changes In the amount of dues at least two (2) months prior to the end of the pay period in which the deductions are to be made.

6.03 For new employees, payroll deduction as set out in section 6.01 shall become effective from the start of the pay period immediately following the commencement of employment.

6.04 The Union agrees to Indemnify and save the Employer harmless against any claim or liability arising out of the application of this Article.

6.05 The Union agrees that there shall be no solicitation of members or other Union activities on the premises of the Community Futures Development Corporation of the Shuswap during working hours except as permitted by this Agreement. It is understood and agreed that no meetings of the Union or its members will be held on the premises of the Employer at any time without the prior approval of the Employer.

6.06 The General Manager will provide new employees of the Employer at their orientation meeting with informational material from the Union as well as informing the new staff members of the names of the Union's officers.

ARTICLE 7 • RIGHTS OF STEWARDS

7.01 The Union shall notify the Employer in writing of the names of its officers and stewards within thirty (30) days of any change and the Employer shall be required to recognize only those officers and stewards of whom it has notice.

7.02 Unless otherwise specified in this Agreement, stewards and employees shall not conduct union business during their working hours.

ARTICLE 8: DISCRIMINATION, HARASSMENT AND DUTY TO ACCOMMODATE

8.01 No Discrimination or Harassment

The Employer agrees there shall be no discrimination, interference, restriction or coercion exercised or practiced with respect to any employee In the matter of hiring, wage rates, training, upgrading, promotion, transfer, termination, discipline, dismissal, or otherwise by reason of race, colour, ancestry, place of origin, pOlitical belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation or age of that person nor by reason of hlsfher membership or non-membership in a labour union. The provisions of the Human Rights Code of BC will prevail If there are any discrepancies with the interpretation or application of the above.

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A grievance raised by an Employee based on discrimination or harassment shall be dealt with by the Parties commencing at Step 2 of the grievance procedure established in Article 21.10 (b).

8.02 Duty to Accommodate

The Employer recognizes that it has a duty to accommodate an Employee in relation to grounds under section 13 of the BC Human Rights Code, where discrimination is prohibited, subject to the exceptions in that section.

ARTICLE 9 • BULLETIN BOARDS

9.01 The Employer shall provide a bulletin board for the Union in order that the Union may post union Information.

ARTICLE 10· MEDICAL FITNESS

10.01 At the request of the Employer, an employee may be required to have a medical examination from a duly qualified medical practitioner mutually acceptable to the employee and the Employer. The Employer shall pay for costs as agreed, that are incurred by the employee and where such costs are not lJaid by B.C. Medical Services Plan (MSP) and/or the Employer's Extended Health Plan.

ARTICLE 11· PROBATION

11.01 New employees in the bargaining unit shall be on probation for an initial period of ninety (90) calendar days. The probationary period may be extended by mutual agreement of Employer and the Union fOf a period up to, but not more than, an additional ninety (90) calendar days and the employee shall be notified in writing of such an extension. At any time during the probationary period, including any agreed period of extension, the employee may be terminated by the Employer in its sale and exclusive discretion and notwithstanding any provisions of this Agreement. Probationary employees sha" be entitled to all conditions of this Collective Agreement except for benefits, or as otherwise stipulated.

ARTICLE 12· PAYMENT OF WAGES AND ALLOWANCES

12.01 Wages are paid at an hourly rate for time worked.

12.02 The minimum wages payable to an employee in his respective classificalion sha" be those set forth in Schedule "A" attached hereto and forming part of this Agreement.

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12.03 Wages shall be paid bi-weekly.

ARTICLE 13· HOURS OF WORK

13.01 The Union wishes to participate In a discussion on what defines regular hours of work. The regular hours of work shall be seven ahd one-half hours (7.5) per day and thirty seven and one half (37.5) hours per week.

13.02 An employee working seven hours or more per day will be entitled to two (2) paid rest periods of fifteen minutes during each work day and thirty (30) minutes unpaid for lunch.

13.03 An employee working less than seven hours per day shall be entitled to one (1) ten minute paid break.

13.04 Subject to approval by the employer, an employee who has a health and/or safely concern for themselves or a member of their immediate family, may choose to work at home, provided their whereabouts and contact telephone number(s) are made available to the employer's answering machine. Such approval shall be determined within a reasonable period of time.

ARTICLE 14 • OVERTIME

14.01 An employee who is authorized to work overtime and works in excess of thirty-seven and one half hours per week or seven and one-half hours per day shall be compensated by equivalent time off at the rate of time and one-half (1 % x). This authorization must be obtained prior to or, in the event of an emergency, immediately after the overtime has been worked. Such compensating time off shall be taken upon approval from the Employer and at a time mutually agreeable to the employee and the Employer. Under no circumstances shall employees lose overtime which has been accumulated.

14.02 The Employer may require employees to work overtime. Employee requested to work such overtime, will not unreasonably refuse.

ARTICLE 15 - SENIORITY

15.01 Seniority Is defined as the length of service in the bargainIng unit and shall include service with the Employer prior to the certification or recognition of the Union.

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15.02

15.03

Seniority lists will be revised annually, on or about April 1 st of each year. A copy of each will be given to the Union. If an employee does not challenge the position of his name on the seniority list within the first ten (10) working days from the date his name. first appeared on the seniority list, provided (s)he is at work when the list is posted, then (s)he shall be deemed to have proper seniority standing. In the event (s)he is not at work, (s)he must object to his seniority standing within four (4) working days from the time (s)he returns to work. The posting shall Include a copy of this Article. Seniority of the employee will be established after completion of his probationary period but will be effective from the first day of service.

An employee shall retain and accrue seniority if she is absent from work because of:

a) Illness or accident to a maximum of twelve (12) months;

b) paid leave of absence; or

c) an unpaid leave of absence of up to thirty (30) working days.

d) Maternity Leave

15.04 An employee shall retain but shall not accrue seniority if:

a) she is absent because of illness or accident over twelve (12) months;

b) she is promoted outside .of the bargaining unit and has not completed his trial period;

c) she is laid olffor less than twelve (12) months;

d) she is on an unpaid leave of absence in excess of thirty (30) working days but less than twelve (12) months, except in the case of unpaid parental or union leave of absence.

15.05 An employee's seniority shall be forfeited and his employment shall be deemed to be terminated and there shall be no obligation to rehire under the followi ng conditions;

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

b) she resigns and does not withdraw her resignation within two (2) working days and/or fails to report to work for two (2) working days, which shall be considered abandonment of her position;

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c) she is laid off for a period longer than six (6) months;

e) she fails to report for duty after notification to her last known address or phone number to do so following a layoff; the onus is on the employee to inform the Employer of her current address and telephone number;

f) she retires

ARTICLE 16· LAYOFF AND RECALL

16.01

16.02'

16.03

A layoff shall be defined as a reduction in the work force or a reduction of twenty five percent (25%) or more of the regular employees hours of work within a six (6) month period of time.

Employees shall be laid off in reverse order of bargaining unit seniority provided always that the employees to be retained possess the ability, skill, and qualifications to perform the remaining work.

The Employer shall give the employee written notice of the date on which (s)he is to be laid off at leas! two (2) weeks before the dale on which (s)he is to be laid off or in the absence of such notice shall grant pay in lieu thereof.

Where an employee Is laid off, or a position is eliminated, the affected employee will be given the opportunity to displace an employee with less seniority, for which the senior employee has the skill, ability, and qualifications to perform the work. The affected employee shall receive the rate of pay for the pOSition into which the employee is placed.

16.04 Employees who are laid off shall be placed on a re-employment list. Employees placed on the re-employment list shall be called back in reverse order of layoff starting with the most recently laid off employee and proceeding in descending order to the first employee laid off in the classiflcation from which the employee was laid off, provided that such employees possess, the ability, skill, and qualifications to perform the work.

16.05 Notification of recall following a layoff shall be sent by registered leiter to the last reported address of the employee.

16.06 No new employee shall be hired until those laid off whom meet the requirements of the job have been given an opportunity of recall.

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ARTICLE 17· RESIGNATIONS '

17.01 An employee wishing to resign shall provide the Employer with a written notice or resignation which shall specify the last date upon which the employee will be present at work and perform her regular duties.

17.02 The effective date of a resignation shall be the last day upon which an employee is present at work and performs her regular duties.

17.03 Subject to section 17.05, an employee shall give notice of resignation at least two (2) weeks prior to the date on which her resignation is to be effective.

17.04 An employee may, with approval of the Employer, withdraw her notice of resignation at any time before this resignation becomes effective.

17.05 Where the employment of an employee is term, fourteen (14) calendar days' notice of resignation is required .

. ARTICLE 18· TERMINATION OF EMPLOYMENT

18.01 Subject to section 18.02 the Employer shall give a written notice of termination to each employee, other than a term employee, who is to be terminated. The term of notice shall be in keeping with the Employment Standards Act. To the extent that such minimum notice is not given, the employee shall receive pay in lieu thereof. A copy of such notice shall be sent to the Union steward.

18.02 Section 19.01 does not apply to an employee who is dismissed for just cause or who has abandoned her position.

ARTICLE 19" DISCIPLINARY ACTION AND UNSATISFACTO.RY PERFORMANCE

19.01 In the event the Employer discharges an employee who has completed hisfher probationary period, the employee shall be notified in writing of the action, or penalty, with a copy to the Union.

19.02 Whenever the Employer deems it necessary to discipline an employee, in a manner indicating that dismissal may follow any further infraction or may follow if such employee falls to bring her work up to a required standard by a given date, the Employer shall, within five (5) days thereafter, give written particulars of such discipline to the Union Steward, with a copy to the employee involved.

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19.03 Where the Employer believes that disciplinary action of that employee is necessary for Just cause she shall exercise the practice of progressive discipline and may:

a) orally reprimand the employee; or

b) In writing reprimand the employee; or

c) suspend the employee with or without pay; or

d) dismiss the employee

19.04 It Is agreed that a shop steward shall be present for all disciplinary action.

19.05 Where an employee is absent without leave for a period of two (2) working days without valid reason, she shall be considered to have abandoned her position and shall be deemed to have resigned without notice on the last day on which she was present at work and performed her regular duties.

ARTICLE 20· GRIEVANCE PROCEDURE

20.01 The Parties agree the most effective way to deal with issues and concerns is through respectful problem-solving communication. Where such communication is not successful, the Union may elect to utilize grievance procedure as outlined in Article 20. The Parties to this Agreement recognize the desirability for resolution of grievances through an orderly process without stoppage of work or refusal to perform work.

20.02 The Union recognizes that each steward Is employed by the Employer and that she will not leave her work during working hours except to perform her duties under this Agreement. Therefore no steward shall leave her work without obtaining the permission of the Employer.

20.03 The Employer agrees to recognize a Grievance Committee composed of a Union Steward and the grievor

20.04 The Grievance Commiltee shall be allowed to attend meetings scheduled by the Employer during working hours for the purpose of settlement of a grievance without loss of remuneration.

20.05 It is mutually agreed that an effort shall be made to resolve complaints through discussion before a written grievance is initiated. The aggrieved employee shall have the right to have her steward present at such a discussion.

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20.06 A grievance is defined as a complaint in writing concerning:

20.07

20.08

20.09

20.10

The application, interpretation or alleged violation of this Agreement or any other applicable legislation.

a) Where either party to the Agreement disputes the general application, interpretation or alleged violation of this Agreement, either party may initiate a policy grievance. Such grievances initiated by the Union shall be made to the Employer and such grievances Initiated by the Employer shall be made to the Union, and in either case shall be within ten (10) working dates from the date upon which the initiating party was notified orally or in writing, or on which it became aware, or ought to have become aware of the action or circumstances giving rise to the grievance.

b) Where the parties fail to resolve a grievance under 21.07 a), either party may refer the grievance to the arbitration step of the Grievance Procedure.

If an employee or the Union fails to initiate or process a grievance within the prescribed time limits, the grievance will be deemed to be abandoned and all rights of recourse to the Grievance Procedure for that particular grievance shall be at an end. If the Employer fails to reply to a grievance within the prescribed time limits, the employee or the Union may process the grievance to the next step. Either party may request an extension of the time limits providing such extension is requested prior to the expiry of the time allowed. An extension, If requested, shall not be unreasonably withheld.

A grievance shall be presented in written form. The written description of the nature of the grievance and the redress requested shall be suffiCiently clear and if the grievance relates to an Article of the Agreement, such Article shall be so slated in the grievance. An employee grievance may be signed by the employee. Except for failure to meet the time limits, a grievance shall not be invalid if it is not written on the official grievance form or for failure to quote Ihe Article in dispute. The grievance may be clarified at any step providing its substance is not changed.

An employee has the right to representation by a Union steward and/or Union representative at any step of the Grievance Procedure.

a) Step 1

Within ten (10) working days after the date upon which the employee was notified orally or in writing, or on which she became aware, or ought to have become aware of the aclion or circumstances giving rise to the grievance, the employee and the

11

Union shall present the grievance with the redress requested to the Employer who shall issue a decision in writing to the employee and to the Union within five (5) working days.

b) Step 2

If the grievance is not resolved satisfactorily at Step 1, the Union shall notify the Employer of its desire to proceed to Step 2 within five (5) working days of the receipt of the decision of Slep 1. The Employer shall issue a decision in writing to the employee and to the Union within ten (10) working days. The Employer may discuss the grievance with the grievor and the grievor's representatives, which shall not exceed two, before giving a decision on the grievance.

20.11 In the case of a dispute arising from the disciplinary demotion, suspension or dismissal of an employee, the grievance shall initially be presented at Step 2, within ten (10) working days of the disciplinary demotion, suspension or dismissal.

20.12 Grievances concerning layoffs and recalls shail be initiated at Step 2 of the Grievance Procedure within ten (10) working days of the layoff or recall giving rise to the grievance.

20.13 Any of the lime limits referred to above may be extended by mutual agreement of the parties hereto.

ARTICLE 21 . GRIEVANCE ARBITRATION PROCEDURE

21.01 The procedure for arbitrating grievances shall be the procedure as set forth below:

a) Either of the parties shall, within fifteen (15) working days from the receipt of the decision at Step 2 of the Grievance Procedure, notify the other party in writing of its desire to submit the grievance to arbitration. The parties will mutually agree on the selection of an Arbitrator. The Arbitrator shall be without jurisdiction to hear grievances submitted more than fifteen (15) working days from the receipt of the decision at Step 3 of the Grievance Procedure.

b) If the parties fails to mutually agree on the appointment of an Arbitrator within the time limit specified, the appointment shall be made by the Labour Board of British Columbia.

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c) The Arbitrator shall hear and determine the difference or allegations and shall issue a decision, which decision shail be final and binding and enforceable upon the parties and upon any employee affected by it, unless otherwise so designated.

d) The Arbitrator may summon any witnesses and may require them to give evidence on oath, orally or in writing, and to produce such documents and evidence as the Arbitrator deems requisite to the full investigation and consideration of the matters referred to it.

e) Any of the time limits referred to above may be extended by mutual agreement of the parties hereto.

f) The Arbitrator shall not have the power to add to, subtract from or modify or alter in any way the provisions of the Agreement.

g) The Arbitrator shall expressly confine herself to the preCise issue submitted to her, and shall have no authority to make a decision and/or recommendation on any other issue not so submitted.

21.02 Should the parties disagree as to the meaning of the Arbitrator's decision, either party mayappJy to the Arbitrator to clarify the decision, which the Arbitrator shall do within five (5) days.

21.03 Each party shall pay the fees and expenses of the Arbitrator it appoints, and one-half (1/2) of the fees and expenses of the Arbitrator.

ARTICLE 22" ACCESS TO PERSONNEL FILE

22.01 Only one (1) personnel file shall be kept and all records documents relating to an employee's record shall be retained on that file.

An employee shall have the right upon reasonable notice to have access to and review his/her personnel file and shall have the right to inftlaland date all documents on file. Such reply shall become part of the permanent record.

Any disagreement as to the accuracy of information contained in the file may be subject to Ihe grievance procedure and the eventual resolution thereof shall become part of the employee's file.

An employee shall have the right to review any material contained in her personnel file and to request copies of documents.

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22.02 The Employer shall have the right to have its representative present when the employee is examining her personnel file.

ARTICLE 23" PROMOTIONS AND STAFF CHANGES

23.01 When a new position is created or when a vacancy occurs which the Employer has decided to fill, the Employer shall post notice of the position in its offices and on all bulletin boards for a minimum of one (1) week. Vacancies which the Employer has elected to fill, shall be posted within one (1) week of vacancy. The Union shall receive a copy of all postings.

23.02 Such posting shall contain the following information: Nature of position, qualifications, required knowledge and education, skills and wage or salary rate or range.

23.03 When filling a new or vacant position in the bargaining unit, the most senior applicant shall be awarded the position provided they possess the necessary skills, abilities, and qualifications.

Successful applicants will be placed on trial for a period of thirty (30) working days, after which the placement may be confirmed. If, during the trial period, the successful applicant proves unsatisfactory or wishes to retum voluntarily; she will be retumed to his/her former classification, at the employee's previous rate of pay, until .such time as a comparable position becomes available, at which time she will be given priority for placement In such position.

23.04 No employee shall be promoted to a position outside the bargaining unit without her written consent.

23.05 An employee successfully bidding into a position at a higher rate of pay shall be compensated at that higher rate for the period of time she holds that posttion.

ARTICLE 24 - VACATION

24.01 Vacation Leave For the purpose of this section, a vacation year shall be the calendar year commencing January 1st and ending December 31 st

• Vacation days shall be allocated on the 1st day of employment and on the 1st day of January each year thereafter.

A regular full-Wne employee will have an annual vacation entitlement as follows:

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--,

I ---- ------ ---------------~---------------------I-~-

A regular part time employee will receive vacation entitlement in pro-rated amounts, based on the rates shown in the above table.

The scheduling and approval of vacation leave shall be based on operational requirements.

In the event of two or more employees requesting vacation leave for the same time-period, subject to operational requirements, the Employer will approve leave for the most senior employee 'first, followed by the next most senior employee. Employees who have submitted and had approved their vacation period requests prior to March 1st of calendar year during which vacation entitlement is to be taken, shall not have their approved leave subordinated to a request for the same period of time by an employee with greater seniority.

24.02 An employee who has used their vacation leave and whose hours are subsequently reduced will not be required to compensate the employer for any such leave.

ARTICLE 25 - HOLIDAYS

25.01 The following holidays shall be observed and paid by the Employer for all regular employees:

a) New Year's Day b) Family Day b) Good Friday c) Easter Monday d) Victoria Day e) Canada Day

f) British Columbia Day g) Labour Day h) Thanksgiving Day i) Remembrance Day j} Christmas Day k) Boxing Day

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During the annual Christmas closure, employees have the option of using vacation days, banked time and/or leave without pay. Vacation leave is subject tD operational requirements.

25.02 An employee who is entitled to pay for a holiday and is required to work on the holiday when it Is not a regular scheduled working day, shall, in addition to the regular holiday pay be compensated at time and one half (1Yo) for all hours worked on th.e holiday, or be granted equivalent compensatory leave.

25.03 Where a holiday falls within the vacation period of an employee, one (1) additional working day shall be added to the employee's vacation entitlement in lieu of the statutory holidays.

ARTICLE 26 • SICK LEAVE

26.01

26.02

26.03

26.04

26.05

26.06

26.07

26 .. 08

Sick leave means a period when an employee is unable to perform regular duties as a result of i1ln.ess or injury or quarantine as a result of the order of a duly qualified physician.

The sick leave to which a regular employee is entitled shall accumulate at the rate of one (1) day per month to a maximum of twelve (12) days in any calendar year. Sick leave shall not accumulate beyond twelve (12) working days.

A deduction shall be made from accumulated sick leave Df all normal wDrking days absent for sick leave.

Sick leave shall continue to accrue if an employee Is absent on any period of a paid leave of absence.

An employee who has been absent on sick leave with pay, upon returning to work, shall continue to accumulate sick leave in accordance with Section 27.02.

Sick leave accurnulates from the date of successful completion of probation.

Sick leave will be paid only if an ernployee has sufficient sick time accumlilated to cover the period in question.

Sick leave shall not accumUlate during periods when an employee is on an unpaid leave of absence in excess of thirty (30) days or on sick leave for a period of rnore than twenty-one (21) consecutive calendar days.

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26.09

26.10

26.11

27.12

Where an employee is absent because of illness or injury, she shall notify her immediate superior of his/her absence due to Illness or injury as soon as possible,

Where an employee becomes Incapacitated by illness or injury requiring hospitalization during a period of his/her scheduled annual vacation, the Employer shall grant sick leave and credit the employee with alternate days' vacation equivalent to the number of days approved sick leave providing the incapacitation is over three (3) days. The employee shall be required to provide proof of illness.

If a paid holiday falls on a day on which an employee is receiving sick leave benefits, such day shall be paid as a holiday and not deducted from the employee's Sick leave credits.

When an employee has been authorized by the General Manager to be absent from work because of a doctor's or dentist's appointment, a deduction from the employee's accumulated sick leave shall be made for the period of absence.

27.13 Where it can be demonstrated by the employee that no one at home other than the employee can provide for the needs during illness of an immediate family member, an employee shall be entitled, after notifying her Supervisor, to use accumulated sick leave days to care for that family member.

26.14 During periods of short term medical leave, the employer shall continue to pay for the employee's benefits and an employee shall continue to accrue sick leave benefits and vacation.

During period of long term disability, the employee will have the option of paying for the continuation of his or her benefits.

ARTICLE 27 - LEAVE OF ABSENCE

27.01 Leave for Union and Other Purposes

An employee who is elected to a full time pOSition with any trade-union body with which the Union is affiliated, or who is elected to public office, shall, if he/she so requests in writing, be granted leave of absence without pay and without loss of seniority for a period not exceeding 1 year. Such leave may be renewed by mutual agreement between the Employer and the Union.

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I ' I I II I II I I .

I I I I

I I i

27.02

27.03

27.04

In addition to the leaves allowed under Article 24.02, at the request of the Union, and by mutual agreement between the Employer and the Union, leave of absence without pay will be granted to employees to attend conventions or other bona-fide meetings of the Canadian Union of Public Employees or other trade-union body with which the Union is affiliated. Such approval will not be unreasonably withheld.

Bereavement Leave

For regular employees, up to one week of work with pay will be allowed in an emergency arising out of the serious illness or death of a member of the immediate family. Immediate family is defined as spouse, common-law partner, child, mother, father, brother, sister, mother-in-law, father-in-law, and grandparents. The employee must have surpassed their probationary period to be eligible to access bereavement leave with pay.

For regular employees, one day of work with pay, to a maximum of two (2) days per year, will be allowed in an emergency arising out of the serious illness or death of a close family or personal friend. Proof of attendance shall be provided upon request by the Employer.

Further bereavement related leave may be granted for up to one week with pay at the discretion of the General Manager.

Pregnancy Leave

(a) A pregnant employee who requests leave under this section is entilled to up to 17 weeks of unpaid leave beginning no earlier than 11 weeks before the expected birth date and no later than the actual birth date.

(b) Pregnancy leave shall end no earlier than 6 weeks after the actual birth date unless the employee requests a shorter period and no later than 17 weeks after the actual birth date.

(c) An employee who requests leave under this section after the birth of a child or the termination of a pregnancy is entitled to up to 6 consecutive weeks of unpaid leave beginning on the date of the birth or of the termination of the pregnancy.

(d) An employee is entitled to up to 6 additional consecutive weeks of unpaid leave if, for reasons related to the birth or termination of the pregnancy, she is unable to return to work when her leave ends under (a), (b) or (c) above.

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(e) A request for leave must:

(i) be given in writing to the employer, (II) If the request Is made during the pregnancy, be given to the

Employer at least 4 weeks before the day the employee proposes to begin leave, and

(iii) If required by the Employer, be accompanied by a medical practitioner's certificate stating the expected or actual birth date or the date the pregnancy terminated or stating the reasons for requesting additional leave under (d) above.

(f) A request for a shorter period under (b) above must be given in writing to the Employer at least 1 week before the dale the employee proposes to return to work and, if required by the Employer, be accompanied by a medical practitioner's certificate stating the employee is able to resume work.

27.05 Parental Leave

(a) An employee who requests parental leave is entitled to: (i) for a birth mother who takes leave under Article 27.04, In

relation to the birth of the child or children with respect to who the parental leave is to be taken, up to 35 consecutive weeks of unpaid leave, beginning immediately after the end of the leave unless the Employer and employee agree otherwise.

(ii) for a birth mother who does not take leave under Article 27.04 in relation to the birth of the child or children with respect to whom the parental leave is to be taken, up to 37 consecutive weeks of unpaid leave beginning after the child's birth and within 52 weeks after that event,

(iii) for a birth father, up to 37 consecutive weeks of unpaid leave beginning after the child's birth and within 52 weeks after that eve nt, and

(iv) for an adopting parent, up to 37 consecutive weeks beginning within 52 weeks after the child is placed wtth the parent.

(b) If the child has a physical, psychological or emotional condition requiring an additional period of parental care, the employee is entitled to up to an additional 5 consecutive weeks of unpaid leave, beginning immediately after the end of the leave taken under (a) above.

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(c) A request for leave must:

(i) be given in writing to the employer, (Ii) if the request Is for leave under (a) above be given to the

employer at least 4 weeks before the employee proposes to begin leave, and

(IIi) if required by the employer, be accompanied by a medical practitioner's certificate or evidence of the employee's entitlement to leave.

(d) An employee's combined entitlement to leave is limited to 52 weeks.

27.06 Employer May Require Pregnancy Leave

An employer may require an employee to commence a leave of absence under Article 27.05 if the employee cannot reasonably perform her duties because of the pregnancy and to continue the leave until she provides a certificate from a medical practitioner stating that she is able to perform her duties.

27.07 Duties of the Employer

(a) The Employer must not, because of an employee's pregnancy or parental leave, terminate employment or change a condition of employment without the employee's written consent.

(b) As soon as the leave ends, the Employer must place the employee in the position, or a comparable position, the employee held before taking pregnancy or parental leave.

27.08 Employment Deemed Continuous

(a). The service of an employee who is on pregnancy or parental leave is deemed continuous for the purpose of calculating annual vacation entitlement and any pension, medical or other plan beneficial to the employee.

(b) The Employer must continue to make payments to these plans if the Employer pays the total cost of the plan or if the employee chooses to continue to pay his/her share of a jointly paid plan.

(c) The employee is entitled to all increases in wages and benefits he/she would have been entitled to had pregnancy or parental leave not been taken.

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(d) Article 27.08 (a) does not apply if the employee, without the Employer's consent, takes a longer leave than Is allowed under Article 27.05 or 27,06.

27.09 Jury Duty or Court Witness

When an employee, in an official capacity, Is subpoenaed or summoned to appear in a provincial or federal court as a juror or witness, such an employee will be entitled to court or Jury leave with regular pay for the period required.

27.10 Compassionate Care Leave

In this section "family member" means a member of an employee's immediate family and any other individual who is a member of a prescribed class.

(a) An employee who requests leave under this section is entitled to up to 8 weeks of unpaid leave to provide care or support to a family member if a medical practitioner issues a certificate stating that the famlJy member has a serious medical condition with a significant risk of death within twenty-six (26) weeks, or such other period as maybe prescribed after the date the certificate is issued or if the leave began before the date the certificate is issued, the date the leave began.

(b) The employee must give the employer a copy of the certificate as soon as practicable.

(c) An employee may begin a leave under this section no earlier than the first day of the week in which the period under subsection (a) begins.

(d) A leave under this section ends on the last day of the week in which the earlier of the following occurs

i. The family member dies ii. The expiration of 26 weeks or other prescribed period

from the date the leave began. (e) A leave taken under this section must be taken in units of one

or more weeks.

21

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If an employee takes a leave under this section and the family member to whom subsection (a) applies does not die within the period referred to in that subsection, the employee may take a further leave after obtaining a new certificate in accordance with sUbsection (a), and subsections (b) to (e) apply to the further leave.

ARTICLE 28 • STRIKES AND LOCKOUTS

28.01 The Union agrees that during the term of this Agreement it will not cause, direct or consent to any slowdown, stoppage of work, picketing, strike or walkout on the part of the employees represented by the Union nor shall any employee(s) threaten or take part in any such action or any other action which would interfere with the Employer's operations. If any such action should be taken by the employee(s) then the Union will lake affirmative measures to prevent the employee(s) from continuing such actions. If any such employee(s) shall take any such action contrary to this Article such employee(s) will be subject to disciplinary action or dismissal by the Employer.

The Employer agrees that neither it nor anyone on its behalf shall threaten a lockout of any employee{s) and that there will be no lockout of its employee(s) for the duration of this Agreement.

ARTICLE 29 • TRAVEL AND TRANSPORTATION

29.01 An employee who is authorized to use her own vehicle for the business of the Employer, and does so, shall be paid an allowance in accordance with the Employer's scale of car allowance which shall not be less than that approved by the ProVince of British Columbia. The employee shall be responsible for arranging and paying insurance coverage for this purpose as may be required by Insurance Corporation of British Columbia (ICBC) and such insurance shall include two million dollars' ($2,000,000.00) public Iiabllity and property damage coverage. Such employee may be required to furnish satisfactory proof to the Employer that such insurance has been obtained.

29.02 An employee, in order to qualify for mileage payment, must abide by all the rules and regulations established by the Employer for payment of such mileage.

r

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29.03 All employees travelling for work purposes shall be compensated at straight time for the time travelled from the Employer's place of work to the location at which the employee will be expected to conduct business and to be reimbursed for expenses, as approved by the Employer based on rates published by CFBC.

ARTICLE 30 • JOINT CONSULTATION COMMITTEE

30.01 A Joint Consultation Committee will be established and maintained. The Committee shall consist of no more than two (2) representatives of the Employer and two (2) representatives of the Union. The Committee shall meet semi-annually or as mutually agreed to discuss matters of mutual concern which either party considers appropriate for discussion by the Committee.

30.02 The Committee may make recommendations to the Union and the Employer with respect to Its discussions and conclusions but it shall not have jurisdiction over wages, or any matter of collective bargaining including the administration of this Agreement. The Committee shall not supersede the activities of any committee of the Union or its members or the Employer to its decisions or conclusions.

ARTICLE 31 • CORRESPONDENCE

31.01 All correspondence between the parties, arising out of this Agreement or incidental thereto, shall pass to and from the General Manager of the Employer, the President of the Local Union and the National Representative.

ARTICLE 32 • CONTINUATION OF ACQUIRED RIGHT

32.01 All provisions of this Agreement are subject to applicable laws now or hereafter in effect. If any law now eXisting or hereafter enacted, or proclamation or regulation shall invalidate or disallow any portion of this Agreement, the entire Agreement shall not be invalidated and the eXisting rights, privileges and obligations of the parties shall remain in existence.

ARTICLE 33 • NEGOTIATION MEETINGS

33.01 The Employer shall approve leave without pay for two (2) employees for the purpose of contract negotiations, upon the request of the Union. Approval shall not be reasonably withheld. All time spent participating in

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contract negotiations shall be considered as time worked for seniority and benefit purposes.

ARTICLE 34· BENEFIT PLANS

34.01

34.02

34.03

34.Q4

34.05

The Employer shaii pay the full cost of benefits which they are currently responsible.

The Employer and employees shaii cost share benefits which they are currently responsible.

All plan documents are available from the Employer to employees for Information.

The above noted benefits shall be subject to the terms and conditions of the Master PoIlcles issued to the Employer by the insuring organization.

Each incident respecting theft, destruction or, or damage to, these personal effects shaii be assessed separately.

ARTICLE 35 - SEVERANCE/RETIREMENT

35.01 In the event of a permanent layoff (i.e. where the employee is out of employment and is not hired by a successor or merged or amalgamated Employer) payment of severance shaii be in keeping with Employment Standards.

ARTICLE 36· EDUCATION ALLOWANCE AND TRAINING

36.01 The Employer shall pay the full cost of any course of instruction and related expenses as directed by the Employer.

The Employer will consider training opportunities for all employees to enhance their effectiveness and professional development.

ARTICLE 37· DURATION OF AGREEMENT

37.01 This Agreement shall come into effect on April 14, 2012 and shall remain in effect until April 13, 2015 .. The Agreement shall remain in force and effect from year to year thereafter unless notice of termination of the Agreement or notice of request to negotiate a revision is given by either party not more than ninety (90) days and not less than thirty (30) days prior to the anniversary date hereof.

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.. _. .-~--- - ------ ~ ~-,------~~----- -~- ------------+ 37.02 Where notice has been given as provided in this Article, the parties shall

continue to be bound by the terms and conditions of this Agreement after the expiry date specified herein until either party gives to the other fourteen (14) days' prior written notice that negotiations have terminated.

37.03 Where no notice of termination has been given and where a party to this Agreement has given notice of request to negotiate a revision under section 37.01 of this Article, the parties shall, within twenty (20) working days following the receipt by either party of the specific proposal for revision to the Agreement, commence collective bargaining.

37.04 Unless specifically Identified otherwise, all provisions of this Agreement shall become effective on the start of the pay period following ratification of this Agreement by the employees.

IN WITNESS WHEREOF: The parties have executed this Agreement this ~f day of /l)olJ&>16GL ,201).

SIGNED ON BEHALF OF: CANADIAN UNION OF PUBLIC EMPLOYEES, 5

SIGNED ON BEHALF OF: COMMUNITY FUTURES DEVELOPMENT CORPOR TION OF T E-SH~

It . ~._/---

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THE UNION will provide an updated Schedule "A".

Probationary Rate of Pay

The rate of pay for an employee during their probationary period shall be two (2) dollars an hour below the rate of pay for the position posted in Schedule "N.

*Positions entitled to 2.5% year increase **See MOU #1- Rate of Pay for Assistant Business Analyst duties forming part of Tanja Carlson's Position ***Positions not eligible for pay increase for duration of agreement

JOB TITLE RANGE April 14, 2012 April 14, 2013 April 14, 2014

Loans Administrator $22.01*(2.5%/yr) $22.56*(2.5%/yr) $23.12*(2.5%/yr) Assistant Business Analyst $26.67** $26.67** $26.67** Collections $27.35*(2.5%/yr) $28.03*(2.5%/yr) $28.23*(2.5%/yr)

Accounting Administrator $23.53*** $23.53*** $23.53*** Business Analyst $26.45*** $26.45*** $26.45***

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-------" ---- .. _',.

MEMORANDUM OF UNDERSTANDING #1 Between

Community Futures Development Corporation of the Shuswap (The Employer) And

The Canadian Union of Pubic Employees, Local 5035 (the Union)

Together referred to as the Parties

RE: Rate of Pay for Assistant Business Analyst duties forming part of Tanja Carlson's .Posiiion

As per a mediated settlement of February 20,2012 agreed by the Parties, the Employee's responsibilities contain the duties the Assistant Business Analyst and the rate of pay for that portion of her duties Is $26.67 per hour.

The Parties agree as part of this collective agreement, the Employee's rate of pay for these duties Is red-circled at $26.67 per hour for the term of the collective agreement and is not subject to the wage increase of 2.5% for each of the three years beginning April 14, 2012 and ending April 13, 2015.

Dated this J.) day of NOVI.'Mf;(;{( ,2012

Forthe~

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-----~-~-~- --~---------- - ~~- - - ~--- -----.------.---~--------------- ~~

MEMORANDUM OF UNDERSTANDING #2 Belween

Community Futures Development Corporation of the Shuswap (The Employer) And

The Canadian Union of Pubic Employees, Local 5035 (the Union)

Re: Contracting

I. In the event the Employer intends 10: a. develops a new area of service, the performance of which could be carried

out by employees as defined by the Labour Relations Code, and wishes to contract that out; or

b. contract out all or a part of a service which has customarily been carried out by bargaining unit employees, the following process will apply:

1. The Employer will call a meeting of the Joint Consultation Committee pursuant to Article 30 and in the notice will Inform the Union representatives that the meeting is to address "contracting out".

2. The Employer will not contract out until 66 days have expired after the meeting has been called (whether or not that meeting lakes place).

3. At the meeting, the Employer will:

a. Provide the Union with an explanation as to why the Employer wishes to contract out; and

b. The Union may provide the Employer with suggestions as to how the work may be carried out by the bargaining unit, such suggestion will be considered by the employer In good faith.

4. The parties may have further Joint Consultation Committee meetings (in person, via telephone or email) subsequent to this meeting, for further discussions andlor exchanges ofinformation.

5. The Employer will nol contract out if the result of contracting out is that existing employees are laid off or a laid off employee is able to perform the work as per Article 16.04 and Article 36.1.

6. The parties agree that provided there is compliance with this MoU, the Consulting provisions of this Collective Agreement and the provisions of the Labour Relations Code, including but not limited to s. 54, will have been met.

Dated this JJ..dayof NM",,,!Bl ,2012

For~ Forthe Employer

~~ -.~~ 28

MEMORANDUM OF UNDERSTANDING #3 Between

Community Futures Development Corporation of the Shuswap (The Employer) And

The Canadian Union of Pubic Employees, Local 5035 (the Union)

RE: Return of Bargaining Unit Work Currently Eliminated or Discontinued

The Employer agrees work, as referenced in the wage schedule (Schedule "A') of the current Collective Agreement, that has been eliminated or discontinued, will be the work of the Bargaining Unit should that work be re-Instated during the term of this Collective Agreement.

The Union agrees the work currently being performed by Mike Boudreau under a contract with Technology Brewing is not work of the bargaining unit. In the event the contract with Technology Brewing is discontinued, the Employer reserves the right to continue the work a similar contractual manner and that work shall not be work of the bargaining unit.

Dated this JMayof Nr»fmtr-i , 2012

F'~

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