Uniform Collective Agreement – Article 6 Hours of Work and Overtime

6.01

For the purposes of this Article:

(a) “overtime” means a period of work computed to the nearest half hour and,

(i) performed on a scheduled working day in addition to the scheduled working period and consisting of at least one half (1/2) hour, or

(ii) performed on a day that is not a scheduled working day;

(b) (i) a normal working week is deemed to be five (5) working days of eight (8) consecutive hours each with a meal time period of forty-five (45) minutes during each eight (8) hour period.

On a compressed work week schedule, meal time periods will be pro-rated. On a compressed work week schedule of ten (10) consecutive hours, the meal time period will be one (1) hour. On a compressed work week schedule of twelve (12) hours, the meal time period will be one (1) hour and fifteen (15) minutes.

(ii) if an employee completes a full eight (8) hour working day or any full shift agreed to under Article 6.07 and is required to forego the meal time period due to exigencies of service, the employee shall be paid for such period at the hourly rate of salary.

6.02

(a) Overtime shall be paid when an employee is required:

(i) to perform overtime immediately following a scheduled work period at the rate of one and a half (1-1/2) times the employee’s rate of salary;

(ii) to report for any period of work prior to a scheduled work period or after leaving the place of employment at the end of a scheduled work period, with a minimum payment of four (4) hours to be paid at the rate of one and a half (1-1/2) times the employee’s rate of salary;

(iii) to report for any period of work on any day, other than a day during vacation leave period, that is not a scheduled work day, with a minimum payment of four (4) hours to be paid at the rate of one and a half (1-1/2) times the employee’s rate of salary;

(iv) to report for work while absent on a full day of leave which is deducted from the employee’s statutory holiday bank, with a minimum payment of eight (8) hours to be paid at the rate of one and a half (1-1/2) times the employee’s rate of salary.

(b) Where an employee is required to attend court between scheduled work periods ending at 3:00 a.m. or thereafter, they shall receive overtime at the rate of one and one-half (1 ½) times the hourly rate during their court appearance. In order to ensure the welfare of the member subsequent to such court appearance, they shall be entitled to eight (8) consecutive rest hours before returning to their next regular scheduled shift. Such rest hours shall not result in the deduction or forfeiture of any credits to the employee.

If for operational purposes the employee is required by supervision to attend work prior to completion of the eight (8) consecutive rest hours, they shall be compensated at the rate of two (2) times the regular hourly rate for any of the eight (8) rest hours otherwise worked.

(c) 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.

(d) 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.

Note: For the purposes of sub-section 6.02(c) 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 14.01, that occurs within the seven (7) consecutive day period may be counted towards the minimum vacation days required as outlined above.

Where an employee uses statutory holiday bank hours during the vacation leave period or as required by Article 14.03, the employee shall be deemed to have taken the statutory holiday benefit and the employee’s statutory holiday bank shall be reduced by the corresponding number of hours of the employee’s shift schedule.

6.03

Section 6.02 (a) (ii) shall not apply where an employee, on being called in not more than one (1) hour prior to the employee’s regular period of work, is given compensating time therefore at the end of that period of work or where the employee attends any training course of two (2) days or more and where the employee is provided with full subsistence.

6.04

(a) (i) An employee may, at the employee’s option, maintain an overtime bank and request a lump sum payment at the rate it was earned for all or any portion of the hours in the employee’s overtime bank on a monthly basis. Accumulated hours in excess of one hundred (100) remaining in an employee’s overtime bank at December 31 of each year shall be paid out on a lump sum basis at the rate it was earned. The Employer shall pay out all accumulated hours no later than the last pay date of February of the following calendar year.

Failure to make such payments shall not be regarded as a violation of this Collective Agreement where such failure is due to reasons beyond the control of the Employer.

(ii) Effective January 1, 2017, an employee may, at the employee’s option, maintain an overtime bank and request a lump sum payment at the rate it was earned for all or any portion of the hours in the employee’s overtime bank on a monthly basis. Accumulated hours in excess of forty (40) remaining in an employee’s overtime bank at December 31 of each year shall be paid out on a lump sum basis at the rate it was earned. The Employer shall pay out all accumulated hours no later than the last pay date of February of the following calendar year.

Failure to make such payments shall not be regarded as a violation of this Collective Agreement where such failure is due to reasons beyond the control of the Employer.

(b) The practice of granting casual time off duty, chargeable to the employee’s overtime bank, shall be continued. It is understood that the granting of such time off shall be at the discretion of the Detachment Commander or Section Manager.

(c) The practice of permitting an employee to change days off with another employee shall be continued. It is understood that such changes shall be at the discretion of the Detachment Commander or Section Manager and the request shall be made in writing. A change will not be permitted if it results in any additional cost to the Employer.

(d) The practice of permitting an employee to work for another employee shall be continued. The employee who works shall receive an hour for hour increase assigned to their overtime bank or statutory holiday bank for the number of hours worked on the scheduled shift. The employee who is released from duty shall have their overtime bank or statutory holiday bank reduced by the number of hours they would have worked on their scheduled shift. Such a practice shall be on the request of the employees and allowed at the discretion of the Detachment Commander or Section Manager.

6.05

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

General Shift Schedule

(i) Schedules shall cover a seven (7) day period on any day of the week 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. Rest days in General Shift Schedules shall be consecutive.

Platoon Schedule

(ii) Schedules shall cover a minimum 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.

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.

(b) 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 only under the following conditions:

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

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

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

(iv) 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 day worked on the amended schedule.

(c) 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, that if an employee is required to work before the eight (8) hours have elapsed the employee shall be paid time and one-half (1 ½) the hourly rate for those hours that fall within the eight (8) hour period.

6.06.01

(a) Stand-by is a period of time during which, in accordance with administrative procedures established by the Commissioner, 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.

(b) This Article shall not eliminate or prohibit the existing co-operative practice under which a member of the OPP provides advice to their supervisor as to their proposed whereabouts while off duty but there shall be no restriction on free time of an employee that is not in accordance with this Collective Agreement.

(c) 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 hourly rate.

(d) The minimum entitlement of four (4) hours pay pursuant to sub-section 6.02(a)(ii) and 6.02(a)(iii) 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 pay is received at one and one-half (1 1/2) times the hourly rate under the provisions of sub-section 6.02(a)(ii) and 6.02(a)(iii) is not included in any stand-by period.

(e) The minimum entitlement of sixteen (16) hours pay pursuant to sub-section 6.02(b) shall apply to an employee who was on stand-by when they were required to report for work, and a period of work for which pay is received at two and one-half (2 1/2) times the hourly rate under the provision of sub-section 6.02(b) is not included in any stand-by period.

6.06.02

(a) “On-Call Duty” means a period of time, between the hours of 4:00 p.m. on Friday and 8:00 a.m. on Monday only, 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:

i. recall to the work place, or
ii. the performance of other work as required.

(b) It is understood that a return to the work place may not be necessary in all situations. Where an employee is required to return to the work place, they must be able to do so within a reasonable time.

(c) 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.

(d) Where on-call is not previously authorized in writing, payment as per Article 6.06.02 shall only be made where the supervisor has expressly advised the employee that they are on-call.

(e) It is understood that there shall be no pyramiding of premium payments and where work is performed as outlined in Articles 6.02, overtime pay shall be substituted for the on-call premium.

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

6.07

It is understood that other arrangements regarding hours of work and overtime may be entered into between the Commissioner and the Association with respect to compressed work weeks. It is understood that the provisions of a compressed work week agreement are subject to the grievance procedure under this Collective Agreement.

6.08

There shall be no duplication or pyramiding of any premium payments or compensating leave provided under this Collective Agreement.