Civilian Collective Agreement – Article 6 Hours of Work and Overtime

6.01.01

The normal hours of work performed by employees shall be in accordance with Management Board of Cabinet, Compensation Directive as follows:

(a) in Schedule 3, thirty six and one quarter (36 ¼) hours per week or seven and one quarter (7.25) hours a day; and an unpaid meal period of forty five (45) minutes or as mutually agreed between the Supervisor and the employee;

(b) in Schedule 4, forty (40) hours per week or eight (8) hours per day. Where an employee has an unpaid meal period, the meal period will be for a minimum of forty five (45) minutes or as mutually agreed between the Supervisor and the employee.

6.01.02

It is understood that other arrangements regarding hours of work may be entered into between the Commissioner or Assistant Deputy Minister (as applicable) and the President of the Association with respect to compressed work week arrangements (CWW).

(a) The provisions of a compressed work week arrangement are subject to the grievance procedure under Article 4 (Grievance Procedure).

(b) Any CWW arrangements not established under Article 6.01.02 may be discontinued following consultation between the parties, with three (3) month’s written notice by either party.

(c) On a compressed work week schedule, meal time periods will be pro-rated. On a compressed work week schedule, normal meal periods shall be (1) hour for shifts of (10) hours, (1) hour and fifteen (15) minutes for shifts of (12) twelve hours, or as mutually agreed between the Supervisor and the employee.

6.01.03

Where an employee has a paid meal period, if an employee completes a full working day, in accordance with Article 6.01.01 or any full shift agreed to under Article 6.01.02, and is required to forego their meal time period due to exigencies of service, the employee shall receive additional pay for such period at their straight-time hourly rate of salary.

6.02.01

In work locations requiring a platoon work schedule the following arrangements shall prevail:

(a) Schedules shall cover a twenty-eight (28) day period and shall be posted no later than 4:00 p.m. fifteen (15) days prior to the beginning of the period for which the schedule is intended.

(b) Rest days shall be consecutive except in the one (1) shift in a twenty-eight (28) day period where split rest days are required to arrange the platoon schedule.

6.02.02

It is the intention to keep changes in shifts and work schedules to a minimum and, therefore, it is agreed that schedules shall be planned so that employees are not required to change shifts between rest periods while on a platoon schedule or between shift changes while on a general shift schedule. The Employer agrees to consult with the Association when planning major event strategies requiring provincial mobilization.

Exceptions to the foregoing are permitted under the following conditions:

(a) circumstances beyond the Employer’s control requiring a shift change;

(b) in a situation of emergency where an unusual or unexpected situation occurs;

(c) if agreed upon between the employee and Employer;

(d) the employee has been notified before 4:00 p.m. six (6) days prior to the change, provided such notification changes the employee’s entire shift between rest periods.

In all other cases, the employee shall be paid time and one-half (1 ½) for the first eight (8) hours worked on the amended schedule.

6.02.03

Except in circumstances beyond the Employer’s control, the Employer shall not schedule the commencement of a shift within eight (8) hours of the completion of the employee’s previous shift provided, however, if that employee is required to work before the eight (8) hours have elapsed the employee shall be paid time and one-half (1 ½) of their basic hourly rate for those hours that fall within the eight (8) hour period. It is understood that the term “shift” does not include any period of time in respect of which an employee is entitled to overtime payments in accordance with Article 6.03.

6.02.04

An employee may exchange shifts and/or days off with another employee at the discretion of the Detachment Commander or Section Manager, or Director of the Ontario Police College (as applicable). The request to change days off shall be made in writing by both employees. A change will not be permitted if it results in any additional cost to the Employer.

6.02.05

An employee may be allowed to work for another employee at the discretion of the Detachment Commander, Section Manager or Director of the Ontario Police College (as applicable). This request shall be made in writing by both employees. A change will not be permitted if it results in any additional cost to the Employer. For each hour worked, the employee who works shall receive one hour, which will be assigned to their overtime bank or compensating time bank. The employee who is released from duty shall have their overtime bank or compensating time bank reduced by the number of hours they would have worked on their scheduled shift.

6.03.01

“Overtime” means an authorized period of work calculated to the nearest half hour and,

(a) performed on a scheduled working day in addition to the scheduled working period, and consisting of at least one-half (½) hour more than 7.25 hours, 8 hours or a longer scheduled working period as provided in a Compressed Work Week arrangement (as applicable); or

(b) performed on a day that is not a scheduled working day.

6.03.02

Overtime shall be earned and credited to the employee’s CTB (Compensating Time Bank) at the rate of one and one-half (1 ½) times the basic hourly rate of salary.

6.03.03

Where an employee has completed their scheduled work period and left the workplace and is subsequently called in to work prior to their next scheduled working period such employee shall earn time and one- half (1 ½) of their basic hourly rate for hours worked, with a minimum of four (4) hours (1½ times 4 hours) credit to the CTB. For clarity, such premium payment will not be earned or credited for regularly scheduled hours.

Article 6.03.03 shall not apply where an employee on being called in not more than one (1) hour prior to the employee’s scheduled working period, is given equivalent compensating time at the end of that period of work.

6.03.04

When an employee is required to perform work under Article 6.03.03 but is not required to physically attend at the workplace, the initial call and subsequent calls during that same four (4) hour period, will be treated as a single call for pay purposes.

6.03.05

An employee who is required to work more than two (2) hours of overtime immediately following their scheduled hours of work without notification of the requirement to work such overtime prior to the end of their previously scheduled shift, shall be reimbursed for the cost of one (1) meal to twelve dollars and fifty cents ($12.50) except where free meals are provided or where the employee is being compensated for meals on some other basis.

In addition, reasonable time with pay shall be allowed to the employee for the meal break either at or adjacent to their work place.

6.03.06

Overtime shall be paid at the rate of two and one-half (2 1/2) times the hourly rate when an employee is required to report for any period of work on or during the vacation leave period, with a minimum payment of sixteen (16) hours. In addition, the employee shall be granted a compensating day off. Note: For the purposes of sub section 6.03.06 only, a vacation leave period shall consist of a seven (7) consecutive day period free from duty composed of five (5) vacation days for eight (8) hour schedules, four (4) vacation days for ten (10) hour schedules and three (3) vacation days for twelve (12) hour schedules and regular days off. Any statutory holiday, as outlined in Article 18.01.01 that occurs within the seven (7) consecutive day period may be counted towards the minimum vacation days required as outlined above.

6.03.07

If for operational purposes the employee is required by the Employer to work overtime, an employee shall be entitled to eight (8) consecutive rest hours before commencing their next regular scheduled shift. Such rest hours shall not result in the deduction or forfeiture of any credits to the employee.

6.04.01

“On-Call Duty” means a period of time that is not a regular working period, overtime period, or stand-by period during which an employee is required to respond within a reasonable time to a request for:

(a) recall to the work place, or

(b) the performance of other work as required.

6.04.02

It is understood that a return to the work place may not be necessary in all situations.

6.04.03

Should recall to the work place be required, the employee is expected to be able to return to the work place within a reasonable time.

6.04.04

No employee shall be required to be on-call unless such on-call duty was authorized in writing by the supervisor prior to the on-call period, except in circumstances beyond the Employer’s control.

6.04.05

Where on-call is not previously authorized in writing, payment as per Article 6.05.07 shall only be made where the supervisor has expressly advised the employee that they are on-call.

6.04.06

It is understood that there shall be no pyramiding of premium payments and where work is performed as outlined in Articles 6.04.01 (a) or (b), overtime pay shall be substituted for the on-call premium.

6.04.07

Where an employee is required to be on-call, they shall receive one-dollar and forty cents ($1.40) per hour for all hours that they are required to be on-call.

6.05.01

Stand-by is a period of time during which, in accordance with administrative procedures established by the Commissioner or Assistant Deputy Minister (as applicable), an employee is ordered to remain at their residence or other specified quarters, (as determined by the person authorizing the stand-by) from which the employee shall be ready to proceed to a work location immediately upon receipt of instructions.

6.05.02

This Article shall not eliminate or prohibit the existing co-operative practice under which an employee provides advice to their supervisor as to their proposed whereabouts while off duty but there shall be no restriction on the free time of an employee that is not in accordance with this Collective Agreement. It is understood that this practice does not trigger an entitlement to stand-by pay.

6.05.03

Where an employee is required to be on stand-by they are entitled to be paid at their hourly rate of salary for one-third (1/3) of their stand-by time, but where such stand-by time is less than the number of hours in the employee’s scheduled working day, the employee is entitled to three (3) hours pay at the basic hourly rate.

6.05.04

The minimum entitlement of four (4) hours overtime credit pursuant to Article 6.03.03 shall not apply to an employee who was on stand-by when they were required to report for work, and a period of work for which overtime is earned at one and one-half (1-1/2) times the basic hourly rate under Article 6.03.03, is not included in any stand-by period.

6.05.05

(a) Effective September 1, 2024, a Communications Operator or Lead Communications Operator, working in a Provincial Communications Centre (PCC), who is formally assigned to train a Communications Operator shall receive an entitlement of two percent (2%) of the maximum salary step rate for the period of time during which they are assigned such duties.

(b) The PCC Coach Pay will be considered as base salary for the purposes of pension contributions and premium calculation (e.g., overtime, statutory holidays, vacation). It is not included in base salary for the purposes of calculating annual increases.