COLLECTIVE AGREEMENT
BETWEEN: SQUAMISH SAVINGS, A DIVISION OF VANCITY
AND SQUAMISH INSURANCE AGENCIES LTD
AND: PUBLIC AND PRIVATE WORKERS OF CANADA, LOCAL 5
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Table of Contents
ARTICLE 1 - PURPOSE
ARTICLE 2 - UNION SECURITY AND RECOGNITION
ARTICLE 3 - UNION AND EMPLOYER REPRESENTATION
ARTICLE 4 - RIGHTS OF THE EMPLOYER
ARTICLE 5 - DEFINITION OF EMPLOYEES
ARTICLE 6 - HOURS OF WORK & OVERTIME
ARTICLE 7 - GENERAL HOLIDAYS
ARTICLE 8 - ANNUAL VACATION
ARTICLE 9 - LEAVE OF ABSENCE
ARTICLE 10 -BENEFIT PLANS AND SICK LEAVE
ARTICLE 11 -SALARY POLICY
ARTICLE 12 - JOB POSTING
ARTICLE 13 -LAY-OFF AND RECALL
ARTICLE 14 -SENIORITY
ARTICLE 15 -GENERAL PROVISIONS
ARTICLE 16 - DISCHARGE, TERMINATION AND SUSPENSION
ARTICLE 17 -TECHNOLOGICAL CHANGE AND SEVERANCE PAY
ARTICLE 18 -GRIEVANCE PROCEDURE
ARTICLE 19 -ARBITRATION
ARTICLE 20 - ROBBERY AND HOLDUP
ARTICLE 21 -DURATION
LETTER OF UNDERSTANDING - ConditionsforObtaining PositionsWhile on Approved Leave
Appendix “A” – Squamish Savings, a Division of Vancity, Job Classifications and Titles
Appendix “B” - Squamish Wage Rates
SQUAMISH SAVINGS, A DIVISION OF VANCITY, AND SQUAMISH INSURANCE
AGENCIES LTD. (hereinafter referred to as the "Employer")
PARTY OF THE FIRST PART
AND:
PUBLIC AND PRIVATE WORKERS OF CANADA, LOCAL 5
(hereinafter referred to as the "Union")
PARTY OF THE SECOND PART
ARTICLE 1 - PURPOSE
Section 1 - Relationship
The purpose of this Agreement is to maintain a harmonious relationship between theEmployer and its employees, to define clearly the hours of work, rates of pay and conditionof employment; to provide for an amicable method of settling differences which may fromtime to time arise; and to promote the mutual interest of the Employer and its employees andin recognition whereof the Parties hereto covenant and agree as follows:
Section 2 – No Discrimination
Neither the Union nor the Employer in carrying out their obligations under this Agreement shall discriminate in matters of hiring, training, promotion, transfer, lay-off, discharge or otherwise because of race, colour, creed, national origin, age, sex, marital status or Union activity.
Section 3 - Harassment
Definition: For the purpose of this Agreement harassment means engaging in comment or conduct that is known or ought reasonably to be known to be unwelcome. Harassment can be a single incident or a series of incidents. The unwelcome comment or conduct does not have to be directed at a specific person for harassment to occur. Comments or conduct that tends to ridicule or disparage a group protected by the Human Rights Code may give rise to an offensive work environment and thus to harassment.
The following are some examples of unacceptable conduct even if no job-related threats or
benefits are associated with them:
a)Demands for sexual favours, sexual jokes and comments, leering, sexual or suggestive gestures, visual displays such as calendars, pinups, and derogatory comments of a sexual nature
b)Remarks, jokes, insults or innuendoes about race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation, age, or record of offences, where the speaker has been advised that they are offensive or where they are by their nature offensive
c)The display or distribution of offensive material by mail, e-mail, fax, or telephone, voice mail or other means
d)Unwanted physical contact
e)Verbal abuse or threats
f)Mimicking accent, speech or mannerisms
g)Refusing to work with someone based on the person’s race, colour, ancestry, place of origin, political belief, religion, marital status, family status, physical or mental disability, sex, sexual orientation, age, or record of offences
h)Assault
Section 4 - Complaint Procedure
No employee will be criticized or penalized in any way because he or she has, acting honestly and in good faith, brought a disagreement or complaint relating to the attention of the company.
The company provides an informal as well as a formal complaint procedure for its employees. In addition any employee may lay a complaint under the Human Rights Code. Resolution of a complaint through the company’s internal procedure may result in one or more sanctions or remedies as set out in this policy.
Confidentiality will be maintained throughout the informal or formal complaint procedure and the investigation. Disclosure of information will be made only to the extent required to investigate a given complaint, to the extent practicable and appropriate under the circumstances, or if required by law. Any unwarranted breaches of confidentiality will be treated very seriously.
Alleged failure by the Employer to deal with these complaints may be the subject of a grievance pursuant to the Agreement.
ARTICLE 2 - UNION SECURITY AND RECOGNITION
Section 1 – Agreement Application
This Agreement shall apply solely to employees in the bargaining unit for which the Union is certified and shall be binding on the Employer and the Union and their respective successors and assigns.
Section 2 – Union Membership
The Employer agrees that all employees, as a condition of employment, shall, within five (5) days from the date of employment, become and remain members of the Union.
Section 3 - Authorization
Upon written authorization from the employees, the Employer agrees to deduct Union initiation fees, dues and assessments from the wages of each employee and to transmit the monies so collected to the Union, once monthly, together with a list of employees from whom such deductions have been made.
Section 4 – No Other Agreement
No new employee shall be asked to make a written or verbal agreement with the Employer covering hours of work, wages or conditions during the life of this agreement which vary the terms and conditions of employment contained herein.
ARTICLE 3 - UNION AND EMPLOYER REPRESENTATION
Section 1 – Office Stewards
The Employer recognizes the Union’s right to select an adequate number of office stewards to recognize employees. These employees must have completed their probationary period of employment. The Union shall inform the Employer, in writing, of the names of the Office Steward(s). All new employees will be introduced to an Office Steward (or alternate) during the first day of employment at a mutually convenient time.
Section 2 – Stewards Duties
The Office Steward(s) may, within reason, investigate and process grievances or confer with the Representative(s) of the Union during regular working hours, without loss of pay. The Steward(s) will obtain permission from their immediate supervisor before leaving their immediate area for such purposes and such permission will not be unreasonably denied.
Section 3 - Joint Labour/Management Relations Committee
There shall be a Joint Labour/Management Relations Committee composed of two (2) employee representatives and one (1) alternate representative selected by the Union, and two (2) Employer representatives and one (1) alternate Employer representative. Each party shall notify the other party in writing of their representatives to this Committee.
The Joint Labour/Management Relations Committee shall meet at least quarterly or at the request of a Committee member. Meetings of the Committee shall take place during the standard day shift as defined in Article 6, Section 1, with no loss of pay being incurred by any committee member.
The terms of reference of this Committee shall be to attempt to resolve all areas of concern arising out of this collective agreement and the collective bargaining relationship and to attempt to anticipate and resolve all potential problems before they become a grievance.
Where an application is made to the grievance procedure under Article 18 of this collective agreement, the Joint Labour/Management Relations Committee shall no longer handle the grievance.
Each party shall present agenda items to the other party within a reasonable time prior to each meeting. Minutes of each meeting will be kept and circulated to both parties for approval. The recorder shall alternate between management and union representatives. After approval by both parties the minutes may be posted on bulletin boards.
Section 4 – Reasonable Access
The Union representatives shall be allowed reasonable access to the Employer's premises at times mutually agreed with the Employer.
ARTICLE 4 - RIGHTS OF THE EMPLOYER
Section 1 – Employers Exclusive Authority
a)The Union acknowledges that the management of the employees is vested exclusively in the Employer, unless otherwise provided by this Agreement.
b)Nothing contained in this Agreement shall limit the statutory powers and duties of the Directors of the Employer pursuant to the Financial Institutions Act (British Columbia), Credit Union Incorporation Act (British Columbia), the Company Act (British Columbia) and Regulations thereto.
c)Actual direction of the office staff will be under the authority delegated by the Board of Directors to the Director, Squamish Operations who, in turn, may delegate any portion of these duties and authority to others in managerial and/or supervisory capacity.
ARTICLE 5 - DEFINITION OF EMPLOYEES
Section 1 - Probationary Period
All employees shall be considered probationary for the first sixty (60) working days (420 hours) of employment. This period may be extended by mutual agreement between the Employer and the Union. Reviews will be done with these employees every twenty (20) working days.
Section 2 - Full-Time Regular Employee
A regular employee - hired to work on a regular full-time basis.
Section 3 - Part-Time Regular Employee
a)An employee hired to work regular hours or days on a continuing basis but who works fewer than the normal working hours in a month. These employees shall be covered by all conditions of this Agreement.
b)Schedules for part-time employees will be as follows:
- The Employer, will post all part-time positions showing the days and hours that will be required for each position as per Article 12, Section 1
- Postings will be a maximum 5 days per week, a maximum 30 hours per week
- An employee will not be able to split the posting; they must take the full posting
- Any unscheduled days or hours available shall be referred to regular part-time employees to a maximum of 5 shifts or 35 hours per week and any remaining hours shall be referred to casual employees
- If the part-time employees do not wish to work then the hours will be offered to the casual employees
- Any changes to existing positions will be posted as required
- Any employee that is unable to work the hours of their posted shift; after accepting the position; may elect to be laid-off and placed on the recall list for one year if they have not successfully bid on another position
- If an employee, through no fault of their own, finds themselves displaced from their position, Article 13 Layoff and Recall will apply. If, through no fault of their own, the employee is bumped down to the casual pool, they will maintain their seniority and benefits.
Section 4 - Casual Employees
An employee who does not hold a regular position and works on an incidental basis for the purpose of assisting with peak workload periods, vacations, sickness, floaters and Leaves of Absence. A casual employee shall be informed by the Employer of their status at the start of employment.
The parties agree that Employer policies apply regarding casual status unless superseded by the collective agreement.
ARTICLE 6 - HOURS OF WORK & OVERTIME
Section 1 – Hours of Work
Subject as herein provided, no employee covered and within the scope of this Agreement shall be scheduled for a greater number of hours than:
a)The standard work week shall consist of thirty-five (35) hours, Monday through Saturday inclusive.
b)The standard day shift shall consist of up to seven and one half (7 ½)hours in any one day, between the hours of 8:00 a.m. and 8:00 pm.
c)Employees will not work six (6) days in a week unless the sixth (6th) day is paid as overtime. It will not be the intent of the Employer to work employees six (6) consecutive days. The Employer agrees to provide two (2) consecutive days off for regular full-time employees and wherever it is possible, for regular part-time employees.
If problems arise with respect to regular part-time employees the matter will be referred to the Standing Committee for discussion.
Section 2 – Lunch Period
A one (1) hour lunch period will be provided and taken between 11:00 a.m. and 3:00 p.m. of the regular working days, excluding Saturday.
It is understood that the one (1) hour lunch period is not included in the standard day shift as outlined in Section 1 above.
Section 3 - Breaks
a)Employees scheduled for shifts of five (5) hours or more shall be provided two (2) fifteen (15) minute relief periods per day or one (1) of thirty (30) minutes without loss of pay.
b)Employees scheduled for shifts of two (2) hours but less than five (5) hours shall be provided one (1) fifteen (15) minute relief period, without loss of pay.
c)Employees who are scheduled for an 11:00 am lunch break will have a thirty (30) minute afternoon break. Employees who are scheduled for a 2:00 PM lunch break will have a thirty (30) minute morning break. An employee who is working the early shift would be given an early lunch break and an employee who is working the late shift would be given a later lunch break.
Section 4 - Overtime Premiums
a)Time worked in excess of the standard day shift shall be paid at time and one-half (1 1/2) the employee's straight time hourly rate for the first two (2) hours and two (2) timesthe straight time hourly rate thereafter.
b)Time worked by an employee on the employee's scheduled day off shall be paid for at time and one-half (1 1/2) the employees straight time hourly rate for the first two (2) hours and two (2) times the straight time hourly rate thereafter.
c)Time worked on a Sunday shall be paid for at two (2) times the employee's straight time hourly rate.
d)Time worked on a holiday provided for in Article 7, or a day in lieu of such holiday shall be paid for at two (2) times the employee's straight time hourly rate plus one (1) day's regular pay.
e)Call-outs - An employee called back to work after having completed a regular day's work, or from a regular day off, or from vacation shall be paid at the applicable overtime premium specified in this Section for a minimum of four (4) hours or for time worked, whichever is greater. Travel time to and from the employee's residence will be considered time worked.
f)Overtime work must be authorized by the Manager or his/her authorized representative.
Section 5 – Overtime Meal
An employee who works overtime beyond a regular shift shall be allowed a suitable hot meal and one (1) hour paid meal period in which to eat the meal at his/her straight-time hourly rate of pay, provided such overtime is in excess of two (2) hours work. The meal period may be taken before, during or after the overtime work, as may be mutually agreed.
Section 6 – Overtime in Lieu Time
Employees who work overtime may take time off in lieu of overtime pay but such time off must be taken at a time mutually agreed upon with the Employer. The length of time off with pay shall be equal to the straight-time equivalent to the overtime earnings. A maximum of five (5) days may be accumulated in a calendar year but time off shall be assigned by year-end or it will be paid out to the employee at their option.
Section 7 – Declining Overtime
Credit Union employees will be scheduled for available overtime work in order of seniority by job classification. Should the Employer be unable to fill overtime requirements from within the job classification all other employees in the bargaining unit shall be offered the overtime work based on ability to perform the available work, and seniority. The rate of pay will be the rate that applies to the job classification for the work to performed.
Employees may decline overtime on a seniority basis providing there are other qualified employees available to perform the work. In such cases, the junior employees cannot decline to work overtime.
ARTICLE 7 - GENERAL HOLIDAYS
Section 1 – Statutory and Floating Holidays
a)The Employer agrees to provide all full-time employees with the following general holidays without loss of pay;
- New Year's Day Family DayGood Friday Easter Monday
- Victoria Day Canada Day B. C. Day Labour Day
- Thanksgiving Day Remembrance Day Christmas Day Boxing Day
and any other day that may be stated a legal holiday by the Provincial, Civic and/or Federal Government. Should one (1) of the above holidays fall on an employee’s normal day(s) off, the employee shall receive an additional day or day(s) off with pay at a time mutually agreed between the employee and the Employer. Entitlement to statutory holidays shall be pursuant to the Employment Standards Act.
b)Seniority will govern when more than the allowable number of employee’s request the same day off work, it will be subject to management approval and operational needs of the of the Credit Union. Employees may schedule these days in advance, however, the days may not be taken until they are earned.
c)Regular part-time and casual employees entitled to holidays pursuant to Section 1(a) shall be paid for days normally scheduled by accrual of the 4.8% in lieu of statutory holidays and may opt to allocate pay to the days as they occur in proportion to the hours of work normally performed on that day, or receive 4.8% at each pay period.