Uniform Collective Agreement – Article CAD5 Hours of Work and Overtime

CAD 5.01

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.

(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.

(ii) if an employee completes a full eight (8) hour working day or any full shift agreed to under Article 5.05 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.

CAD 5.02

(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 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.

CAD 5.03

Section 4.02(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.

CAD 5.04

(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. 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 the 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 (1/2) 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 (1½) the hourly rate for those hours that fall within the eight (8) hour period.

CAD 5.05

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.