ARTICLE 26 - HOURS OF WORK
26.01 Definition
a) For the purpose of this Agreement, a day shall be any twenty-four (24) hour period beginning at 0001 and ending at 2400.
b) A week shall be midnight on Saturday to midnight on the following Saturday.
c) Unless otherwise agreed the night shift shall be the first shift worked in each day, the day shift shall be the second shift and the afternoon shift shall be known as the third shift, in each calendar day.
d) A weekend shall be from 0001 Saturday to 2400 Sunday.
a) The three (3) week period shall mean that period designated by management between midnight on Saturday and midnight on the following third Saturday.
26.02 Hours of Work
The normal annual hours for full time Employees shall be one thousand nine hundred and forty four (1944) hours per year.
a) Full Time Employees
Normal hours of work for full-time Employees shall be one hundred and twelve (112) hours in a three (3) week period divided into shifts of eight (8) consecutive hours (exclusive of a specified meal period).
On completion of one hundred and twelve (112) paid hours all Employees shall earn an unpaid day of rest. This day of rest shall be scheduled by mutual agreement between the Employee and Employer.
All hours worked in excess of eight (8) hours per day or one hundred and twelve (112) hours in a three (3) week period shall be classed as overtime and paid at overtime rates.
b) Part-time/Relief Employees
During each three (3) week period, part-time Employees shall be scheduled seven (7) days off. However, this will not preclude Employees from accepting an offer of work on scheduled days off providing they do not exceed the determined full time hours over three (3) weeks.
All hours worked in excess of eight (8) hours per day or one hundred and twelve (112) hours in a three (3) week period shall be classed as overtime and paid at overtime rates.
c) Field Employees
i) The hours of work of a field Employee shall be unregulated, within any working day, or series of working days, by specific provisions of this agreement and shall average eight (8) hours times the number of normal working days in a three week period and shall be reduced by eight (8) hours for each designated holiday in the three week period.
In addition to the regular rates of pay, a shift differential in the amount specified in Article 26.16 - Shift Premium, shall be paid for all assigned hours worked by field Employees, between the hours of 1800 and 0700.
Note: Field designated positions shall be created by mutual agreement at the Local level.
ii) Field Hours Applicable to Home Care LPNs and Home Health Aides
(a) The Employer recognizes the need for flexibility in allowing Employees to schedule their hours to meet the requirements of their positions and the Union recognizes that the Employer has the right to set the minimum daily hours of work as required to meet the operational needs of the program.
(b) Daily hours of work of a field employee shall be unregulated within any one (1) working day or series of working days which may include variable start and end times on a daily basis, at the discretion of the employee based on client needs;
i) Full time Employees shall average eight (8) hours times the number of normal working days in a three (3) week period and shall be reduced by eight (8) hours for each designated holiday in the three (3) week period;
ii) Part-time Employees shall not exceed the number of guaranteed hours as per their Letter of Appointment within the three (3) week period.
(c) The Employer will determine the client assignments, taking into account hours of direct care required, travel time, and time entitled to the Employee for rest and meal periods.
Subject to the requirements to meet client needs and provide continuity of services, Employees will be assigned core hours as follows:
Day Shift: 0600 - 1800 hours
Evening Shift: 1400 - 0200 hours
Night Shift: 2000 - 0800 hours.The Employee shall communicate changes in the scheduled client times to the Employer.
(d) Where prior approval has been obtained, the Employee shall be paid overtime at applicable rates for hours worked which exceed the averaging period.
If field hours are not applicable, the above does not preclude the Employer and the Local of the Union from mutually agreeing on modified hours of work to suit local needs.
d) Flexible Working Hours
Subject to the requirements to meet client needs and to provide continuity of services between core hours as identified between the Employer(s) and the Local of the Union, Employees shall work flexible hours as determined by the Supervisor or designate:
i) Employees may be required to work flexible hours in the following manner:
a) Start time: Up to two (2) hours prior to the beginning of the shift.
b) Finish: Up to two (2) hours at the end of the shift.
c) Lunch Break: Minimum of thirty (30) minutes - maximum two (2) hours.ii) Banking and Carry Over
In order to ensure Employees' guaranteed hours of work are met as per their letter of appointment, Employees' hours of work over or under their regularly scheduled shift may be banked and will be utilized or paid within the designated three (3) week period;
iii) Overtime
Flextime shall not constitute overtime nor will time worked as flextime incur any premiums which would not otherwise accrue;
iv) Recording of Hours:
Each Employee on flexible hours will be responsible for the recording of hours worked.
26.03 Rest Periods Between Shifts for Full Time-Employees
The Employer(s) shall provide at least fifteen and one-half (15½) hours of rest between shifts, except as mutually agreed otherwise by the Local of the Union and the Employer(s). Failure to provide this time will result in payment of overtime for any hours worked during such rest period.
26.04 Assignment of Relief Work
When the Employer determines that relief work is required, the following conditions apply:
a) Seniority
The opportunity for Employees to work additional shifts or expand their hours shall increase according to seniority, qualifications and ability sufficient to perform the work. Where Employees agree to work such additional shifts that fall outside their regularly assigned schedules, such work shall not be construed as a change of shift and shall not be eligible for overtime unless it causes an Employee to work more than the normal full-time hours of work as set out in this Collective Agreement.
b) Availability
i) The Employee shall identify their availability for relief work, on the prescribed form Application of Relief Work. The Local of the Union shall have access to the prescribed forms. Relief work will be assigned on the information provided. OTFT Employees may make short term requests for absences from their relief requirements;
ii) Employees working in more than one (1) department and/or facility/agency shall be required to inform the immediate supervisor or designate of any potential overtime situations and/or scheduling conflicts as soon as the Employee is aware. Failure to disclose an overtime situation will be subject to penalty as per 26.04 i).
c) Relief Lists
i) Dependent on their availability, Employees shall be eligible to be on a maximum of three (3) relief lists;
ii) Relief lists shall be updated on a semi-annual basis in April and October. A copy of the most current list(s) shall at all times remain posted. In case of any dispute regarding call-in, the Local of the Union shall be provided with a copy of the applicable relief list from the affected department. Department shall mean the entire department or unit or specialized area or geographic location dependent upon the organizational structure as agreed by the Local of the Union and the Employer(s);
iii) If a relief Employee has not worked for ninety (90) days in a department, he or she shall be removed from the relief list of that department.
d) Employees on Leaves
Employees on the following leaves shall not be called to perform relief work from:
e) Additional Work
Employees are expected to work their assigned shifts prior to being offered relief work. Additional work that becomes available shall be allocated as follows:
i) Within twenty-four (24) hours
The hours of work of the senior Employee currently working or scheduled to work that day may be expanded up to the normal hours of work. The expansion is within the same department only. If unable to expand, go to ii) inside seventy-two (72) hours/three (3) days;
ii) Inside seventy-two (72) hours/three (3)days
Work that becomes available within seventy-two (72) hours notice shall be offered to Employees on the relief list in order of seniority. If there is no immediate personal response to such call, the shift shall be offered to the next senior Employee on the list. All such calls shall be recorded;
iii) Outside seventy-two (72) hours/three (3) days
Work that becomes available outside seventy-two (72) hours shall be filled by assigning the available hours to the Employees as prescribed on the Employee's availability form. Should the senior Employee be scheduled for a short shift and longer shift becomes available he/she shall be assigned the longer shift. The Employer will notify the Employee as soon as possible when shifts are assigned and/or reassigned.
f) Change or Cancel a Shift
The Employer(s) reserves the right to change or cancel a relief Employee's scheduled shift(s). If such shift(s) are cancelled without forty-eight (48) hours' notice, the Employee shall be paid his/her regular earnings for any shift(s) cancelled within the forty-eight (48) hour period. A part-time Employee who is working relief, and whose shifts are cancelled shall return to their part-time schedule.
g) Failure to Properly Assign Work
The senior Employee not called in accordance with these provisions shall be paid for all lost hours provided the error is discovered and reported no later than fourteen (14) calendar days after the work is performed. After the fourteen (14) calendar days the Employer will not be subject to payment.
h) Failure to Work Assigned Relief Work
Should an Employee fail to perform relief work in accordance with the availability on the prescribed form - Application for Relief Work, the Employer shall remove such Employee from the relief list.
i) Failure to Indicate Overtime
Should an Employee fail to indicate an overtime situation, they shall be paid the applicable overtime rates and the Employee will be moved to the bottom of all relief lists.
26.05 Rest and Meal Periods
a) One (1) rest period of fifteen (15) minutes shall be scheduled by the Employer(s) for each Employee scheduled a shift of three (3) hours or more including travel time (exclusive of meal period).
b) Two (2) rest periods of fifteen (15) minutes each shall be scheduled by the Employer(s) for each Employee scheduled a shift of at least seven (7) hours (exclusive of meal period).
c) Every effort will be made to grant such rest periods midway between each half (1/2) shift.
d) One (1) unpaid meal period of one-half (1/2) hour shall be scheduled for each Employee working a shift of at least five (5) hours or more. Employees unable to take their meal period at the time scheduled, shall be provided time later in the shift for the meal break. Employees who work the normal full time hours per day and who are unable to take their meal break will be paid one-half (1/2) hour at overtime rates.
26.06 Consecutive Days Off
Employees shall be scheduled no less than two (2) consecutive days off, unless single days are arranged by mutual agreement between the Local of the Union and the Employer(s). However, this will not preclude Employees who work less than full time hours as per Article 26.02 - Hours of Work from accepting an offer of work on scheduled days off providing they do not exceed the determined full time hours over three (3) weeks.
26.07 Six (6) Consecutive Work Days
Employees shall be scheduled to work no more than six (6) days straight unless otherwise mutually agreed between the Employer(s) and the Local of the Union. Discussion on implementation of this article shall take place between the Employer(s) and the Local of the Union.
26.08 Split Shifts
Split shifts shall not be scheduled except by mutual agreement between the Local of the Union and the Employer(s).
26.09 Time Off in Lieu Bank
At the request of the Employee, time off, calculated at the appropriate overtime rates in lieu of overtime pay or designated holiday pay may be banked to a maximum of eighty (80) hours. This shall be taken at a time mutually acceptable between the Employee and the Employer(s) and must be recorded on time sheets or work records accessible to Employees. Any unused portion of the time in lieu bank as of March 1 of each year shall be paid out by March 31 of each year.
26.10 Overtime Rates of Pay
Employees shall not work overtime unless authorized by the Employer.
a) Overtime on a Regular Day
Subject to Article 26.02, all hours worked in excess of the daily normal full-time hours of work shall be paid at the rate of one and one-half (1 ½) times the regular rate of pay for the first four (4) consecutive hours and two (2) times the regular rate of pay for hours worked in excess of four (4) consecutive hours in that day.
b) Overtime Rate after Midnight
An Employee who works overtime between the hours of 2400 and 0700 and where such overtime is continuous with the regular shift shall be paid at the rate of two (2) times the regular rate for all overtime hours so worked between 2400 and 0700.
If the evening shift ends before midnight and the Employee is required to work overtime continuous with the evening shift and the overtime ends after midnight, then the entire overtime period shall be paid at double (2) time.
c) Overtime on Day Off
Full-time Employees required to work their scheduled day or day(s) off shall receive two (2) times their regular rate of pay for such day or day(s) off worked.
26.11 Overtime Against Wishes
No Employee shall be required to work overtime against his/her wishes when other qualified Employees within the work unit are willing to perform the required work.
26.12 Overtime by Seniority
All Employees shall be eligible for overtime in their department and all overtime shall be offered in order of seniority.
26.13 Posting Work Schedule
Subject to interest arbitration.
26.14 Mutual Trades
Employees exchanging shifts between themselves, which results in deviation from the posted schedule, shall not be subject to the overtime provisions unless overtime would have been paid irrespective of the change. Such exchanges shall be subject to the approval of the Employer.
26.15 Minimum Report Pay
a) Any Employee reporting for work shall be paid no less than 3 hours at the regular rate of pay.
b) The Employer shall not implement scheduled shifts of less than three (3) consecutive hours.
26.16 Shift Premium
A shift premium of seventy ($0.70) cents per hour shall be paid to Employees working shifts (including shifts worked on designated holidays) whereby the majority of such hours fall within the period 1500 and 0800 hours. Shift premiums shall not apply to overtime hours worked.
26.17 Weekend Premium
All Employees shall have at least one weekend off in every three (3) week period. Those Employees required to work on the third (3rd) Saturday and/or Sunday shall be paid at overtime rates of pay for all hours so worked on the third (3rd) Saturday and/or Sunday except where it is mutually agreed otherwise between the Employer and the Local of the Union. Insofar as possible, within established staffing patterns, Employees will be scheduled for weekends off on an equitable basis. Notwithstanding the above, part-time and relief Employees may work additional weekends at regular rates of pay upon mutual agreement between the Employer and Employees affected.
A weekend premium of thirty ($0.30) cents per hour in addition to any other shift differential shall be paid for each hour worked by an Employee on the shift falling between 0001 Saturday and 2400 Sunday. When an Employee is receiving overtime pay, weekend premiums will not apply.
26.18 Standby Defined
Standby assignment shall mean a period during which the Employee is not on regular duty, and must be available to respond to return to duty. The duration of standby will not be less than eight (8) hours. No Employee will be required to be on standby in excess of one hundred and eighty-three (183) calendar days in one (1) calendar year against their wishes.
26.19 Alternate Arrangements for Standby
Employees on standby may make mutual arrangements with other qualified Employees to replace them, provided it is agreed to by the Employer(s) in advance. Employees must advise the Employer(s) of such change.
26.20 Standby Payments
A standby payment for standby assignment shall be paid to each Employee, so assigned on the following basis:
a) One dollar and three ($1.03) cents per hour on a regular working day(s).
b) One dollar and thirty-three ($1.33) cents per hour on days off and Designated Holidays. This payment shall be in addition to any callback payment.
c) OTFT Ambulance Employees
i) A standby payment for standby assignment shall be paid to each part-time or relief employee so assigned at the rate of one dollar and three ($1.03) cents per hour;
ii) A standby payment for standby assignment shall be paid to each part-time or relief employee so assigned at the rate of one dollar and thirty-three ($1.33) cents per hour on designated holidays.
d) Hourly standby payments for Ambulance Workers will cease subject to a minimum payment of eight (8) hours of standby for the length of time an employee receives call in/back pay.
Effective April 1, 2003
A standby payment for standby assignment shall be paid to each employee in the classifications listed below so assigned on the following basis:
a) Two dollars and nineteen ($2.19) cents per hour on a regular working day(s);
b) Four dollars and twelve ($4.12) cents per hour on days off and Designated holidays. This payment shall be in addition to any callback payment.
26.21 Call Back
a) After Completion of Shift
Any Employee who is called back to work the same day after having completed the regular work schedule, and having left the Employer(s)'premises, shall be paid for a minimum of two (2) hours at the rate of one and one-half (1 1/2) times the regular rate, provided that if such Employee is called back a second time within two (2) hours of the original call back, the Employee shall not be paid an additional amount of such call back.
b) After Midnight
Employees called back between the hours of 2400 midnight and 0700 or on Designated Holidays or on their scheduled days off shall be paid at the rate of two (2) times their regular rate of pay for all hours so worked with a minimum of two (2) hours. However, should a call-back referred to above commence prior to 2400 hours (midnight) or continue after 0700 hours such time shall be paid at two (2) times the rate of pay.
Notwithstanding Article 26.23 - Phone Calls after Hours, an employee shall not receive payment for phone calls after hours within two (2) hours of the start of a minimum call back.
c) For Ambulance Employees
Other than full-time employees who are called in while on standby shall receive regular rates of pay for all call-in hours of work except that overtime shall be paid for all hours worked in excess of the normal full time daily hours or hours in the applicable averaging period.
26.22 Call Back Transportation
Employees who are called back to work outside their normal hours of work will use either the taxi company designated by the Employer(s) and will charge the return fare to the Employer(s), or where Employees are required or choose to use their own mode of transportation, the Employee shall be paid in accordance with Article 35.03 - Transportation.
26.23 Phone Calls After Hours
An Employee who, after he/she has left his/her place of work, receives a phone call from the Employer or designate and is required to provide off site assistance which does not involve a return to his/her place of work, shall be paid for each hour or portion thereof, or a minimum of thirty (30) minutes at regular rates of pay, whichever is greater.
26.24 Maximizing Full-Time Employment
It is the intent of the Employer that, insofar as the efficient operation of the Employer is concerned the Employer will:
a) Purpose
b) Maximizing Hours in Part Time Positions
As part time positions are vacated and approved for staffing, discussion shall take place between the Employer and the Local of the Union and subject to an agreement between the Employer and the Local of the Union, shifts may be redistributed in the following manner:
i) when departmental reorganization is contemplated, the Employer will meet with the Local of the Union to discuss the creation of full time positions and/or the maximization of part-time positions;
ii) where positions are vacated, shifts will be distributed to part-time Employees, in order of seniority with the aim of incorporating the most hours in a position.
c) If all shifts are not redistributed as per b) or if mutual agreement cannot be reached as to the redistribution of additional hours, a part-time position will then be posted.
New Letters of Appointment for part-time Employees will be issued when additional regular hours are added to their schedule.
Application of b) may result in part-time encumbered positions becoming full time.
d) If part-time positions within a specific functional area are vacated simultaneously, where operationally feasible, the Employer shall combine the positions into a full time position or a larger part-time position and post as per e) (iii).
e)
i) Where a relief Employee is identified as working ongoing and regularly scheduled shifts, the Employer will review the schedule with a view to incorporating those hours into schedules of senior part-time Employees in the department, who desire them;
ii) Where (i) is not applicable, a new permanent part-time position will be created and posted;
iii) The Local of the Union and the Employer will meet to discuss the circumstances under which newly created positions will be posted. In some cases, the posting provisions may be, by mutual agreement, specific to a particular department.
f) Dispute Resolution
Any outstanding issues regarding the application of this Article or if resolution is not found at the meeting, the Local of the Union may choose to access the grievance procedure.
CUPE Health Care
Workers' Council of Unions
3725E Eastgate Drive
Regina, Sask
S4X 1A5
Phone: 1-306-546-2185
Fax: 306-781-8177
Email: Gordon Campbell, President
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