Annotated Collective Agreement
Article 13 – Performance Evaluations and Probation
- 13.1 Performance evaluations will be conducted:
- 13.1.1 During the probation period,
- 13.1.2 At the request of the Employee,
- 13.1.3 At the request of the Employer where documentation or other evidence of performance problems supports the need for an evaluation.
- 13.2 Evaluations done under clauses 13.1.2 or 13.1.3 shall be based on the current work of an Employee and related to the current job description of the Employee.
- 13.2.1 The process and criteria to be used in an evaluation shall be discussed fully with the Employee prior to actual commencement of the evaluation.
- 13.2.2 Employees shall be afforded an opportunity to review and discuss the draft evaluation prior to its finalization.
- 13.2.3 In the event that an evaluation concludes that performance problems exist, a plan of assistance may be provided or the Employer may provide the Union notice that they wish to proceed in accordance with clause 11.7.
- 13.3 A newly hired Continuing or Term Employee or an Employee with Bridged Seniority (as defined in clause 12.2) will be on probation for four calendar months. The parties can extend the probationary period for up to two additional months by mutual consent.
- 13.4 The probationary period will be extended by the number of days of absence due to illness in excess of the advanced sick leave entitlement of twenty-two days.
- 13.5 Employees on probation are entitled to apply for posted positions.
Article 14 – Part-time, Casual, and Term Employees
- 14.1 Part-Time
- 14.1.1 Part-Time Employees will receive all benefits of this agreement with the following exceptions:
- a. The Employer will pay 100 per cent of the premium of health and welfare benefit plans for Part-Time Employees whose assignment averages 14 hours or more but less than 35 hours per week with the exception of the BCTF Salary Indemnity Plan LTD Component as set out in clause 46.4.
- b. The Employer will pay 50 per cent of the premium of health and welfare benefit plans for Part-Time Employees whose assignment averages less than 14 hours with the exception for the BCTF Salary Indemnity Plan LTD Component as set out in clause 46.4.
- c. Coverage will be as for Full-Time Continuing Employees except as limited by agreements with health and welfare benefit plan carriers and by government legislation.
- d. As per the previous provisions of clauses 46.4 and 46.4.1, all Employees regardless of status (except Casual Employees) will be enrolled in the BCTF Salary Indemnity Plan LTD Component.
- 14.1.2 A Part-Time Employee will receive an annual vacation with pay, based on the percentage of their assignment, in accordance with their years of employment in accordance with the following schedule:
appointment to completion of 5 years of service 20 days
6 years to completion of 10 years of service 25 days
11 years to completion of 14 years of service 30 days
15 years of service onwards 35 days
and bonus weeks, prorated on regular scheduled hours, as set out in clause 27.7.
- 14.1.3 Part-Time Employees whose work week averages 17 1/2 hours or more will be entitled to all statutory holidays as set out in clause 26.1 of this agreement. Where a holiday falls on a day that is not a regularly scheduled working day for an Employee, the Employee shall receive their next regularly scheduled working day as time off with pay.
- 14.1.3.1 For Employees whose work week averages less than 17 1/2 hours per week, eligibility for the holidays listed in clause 26.1 will be as set out in the Employment Standards Act.
- 14.1.4 Overtime will be calculated as set out in Article 24–Overtime and Premium Pay except that part-time Employees will be entitled to compensation for Sunday work as set out in clause 24.6 for the hours of work that exceed their usual hours of work.
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14.1.5 All Part-Time Employees are entitled to pro-rated Sick Leave bank of twenty-two (22) days or 154 hours per year with no maximum accumulation. Sick Leave will be pro-rated based on the percentage of their work assignment and will be awarded on the Employee’s anniversary date. Sick Leave is only payable to Part-Time Employees on their regularly scheduled shifts. Employees must notify the Employer as promptly as possible of any absence due to illness or injury.
After an Employee is absent six consecutive shifts due to illness or injury, the Employer may require a Medical Service Provider (MSP)-recognized Health Practitioner’s certificate at the Employer’s expense stating the expected date of return.
- 14.1.6 Entitlement to personal leave will be prorated based on percentage of assignment, or 14 hours per year to a maximum accumulation of 44 hours, whichever is greater. A full-time Employee converting to part-time will not lose any accumulation.
- 14.1.7 Full-time Employees converting to part-time will be considered as full-time Employees on partial leave of absence. Such part-time Employees will be entitled to purchase pension service up to the equivalent of full-time service. The Employee will be responsible for both the Employee and Employer contributions for such purchases.
- 14.1.8 Part-time Employees shall be offered extra hours within their own department, before casuals are called in, except in emergent circumstances. Extra hours will be divided equally, insofar as possible, among Employees within the department who are willing, able, and available to perform the needed work.
- 14.1.1 Part-Time Employees will receive all benefits of this agreement with the following exceptions:
- 14.2 Term
- 14.2.1 Full-Time Term Employees will be covered by all the provisions of this agreement except as limited by agreements with health and welfare benefit plan carriers and by government legislation.
- 14.2.2 Part-Time Term Employees will be covered by all the provisions of this agreement with the exceptions as outlined in clause 14.1.
- 14.2.3 Term Employees may apply for vacant continuing positions. Term Employees shall not be eligible to apply for or transfer to term positions except with the mutual agreement of the parties.
- 14.2.4 Term appointments may be made as follows:
- 14.2.4.1 To cover positions of temporary duration which have a pre-determined end date, for periods of up to one year; or, in the case of special projects, and by mutual agreement, to cover positions of longer duration than one year, with a specified end date;
- 14.2.4.2 To cover positions made temporarily vacant by leaves for up to the period of the leave or combination of leaves by a single individual.
- 14.2.4.3 Any further extensions of the above appointments shall be by mutual agreement of the parties. Where the Union does not agree the appointment shall not be extended.
- 14.2.5 Term Employees shall accumulate service for the purposes of increments at the same pay grade worked prior to leaving the Employer, provided there is no break in service of more than 24 months.
- 14.2.6 Seniority for Term Employees will apply only to Article 15–Job Postings, Promotions, and Transfers.
- 14.2.7 An Employee whose term position ends shall be given a written reminder four weeks prior to the end of their term. Term Employees who successfully complete their term appointment will return to their continuing position (if applicable) or, if the Employee does not hold a continuing position, be placed on the Casual List at the Employee’s request.
- 14.2.8 A Term Employee, who accrues 36 months seniority, shall be converted to continuing Employee status.
- 14.3 Casual
- 14.3.1 Casual Employees cannot be removed from the casual list except:
- i. for just cause;
- ii. when the Employee has not worked for the Employer within the previous 12 months;
- iii. when the Casual Employee requests in writing to have their name removed from the casual list.
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14.3.2 Casual Employees are covered only by those provisions in which they are specifically mentioned and the following:
Article 1 – General Purpose
Article 2 – Definitions
Article 3 – Union Recognition
Article 4 – Union Security
Article 5 – Union Rights and Union Activity
Article 7 – Sign Up
Article 8 – Rights Provisions
Article 9 – Management Rights
Article 10 – Grievance and Arbitration Procedure
Article 11 – Discharge and Discipline
Article 12 – Seniority
Article 15 – Job Postings, Promotions, and Transfers
Article 22 – Hours of Work
Article 24 – Overtime and Premium Pay
Article 31 – Pregnancy Leave
Article 45 – Health and Safety
Clause 46.7 – Municipal Pension Plan
Article 50 – Expenses
Article 51 – Staff Training
Article 52 – Education Trust Fund
Article 53 – Duration
Appendix A – LOU–Parking
Appendix D – LOU–Retirees
Appendix E – LOU–“Less than Minimum” Posting Process
Appendix G – LOU–Transit Subsidy - 14.3.3 Casual Employees will accrue one day’s Seniority for each day on which the Employee performs any bargaining unit work.
- i. All periods of casual employment after July 1, 1997, will count towards the bridging provisions of the collective agreement.
- ii. As of July 1, 1997, a Term Employee who becomes a Casual Employee will carry their Seniority with them.
- 14.3.4 Twenty (20) days shall be equivalent to one month’s seniority and one month’s service for purposes of increments, vacation entitlement, and other provisions of this agreement. No Casual Employee shall accrue more than one month’s seniority for any one calendar month.
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14.3.5 Casual Employees are to be paid at a pay grade equivalent to the job classification of the work performed and at a step in accordance with the Casual Employee Wage Grid below.
Movement along the grid:
Casual Step 1 – Start Rate
Casual Step 2 – After completion of three (3) months seniority
Casual Step 3 – After completion of twelve (12) months seniority
Casual Step 4 – After completion of eighteen (18) months seniority - 14.3.6 Casuals will receive a supplement equal to 15% of their hourly rate in lieu of all other provisions of this agreement.
- 14.3.7 Casual Employees will be entitled to paid statutory holidays as set out in clause 26.1 of this agreement. Eligibility for the holidays listed in clause 26.1 will be as set out in the Employment Standards Act.
- 14.3.8 Casual Employees will have the right to refuse assignments offered.
- 14.3.9 A casual list will be maintained by management. The applicants on this list must possess the specific skills required to meet the requirements of the position that is vacant. Casual assignments will be allocated on a rotation basis whenever possible. The Employer will endeavour to divide the casual work equally among those on the casual list who are actively seeking assignments and who possess the specific skills required.
- 14.3.10 Casuals having accumulated twenty days of bargaining unit work will have the right to apply for internal postings.
- 14.3.10.1 All bargaining unit work in whatever capacity will be considered.
- 14.3.11 Casuals may be assigned to a position not exceeding six weeks of continuous work. Any extension will require approval of the Union.
- 14.3.1 Casual Employees cannot be removed from the casual list except:
Article 15 – Job Postings, Promotions, and Transfers
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15.1 Within 10 working days of a position(s) becoming vacant, the Employer shall advise the Union of its intentions regarding the vacated position(s).
If it is determined that the position is to be posted, the position will be posted on the bulletin board and on the web site, with notification by email to all staff for a period of not less than seven calendar days within fifteen working days of the position becoming vacant.
- 15.1.1 A copy of all job postings will be sent to the Union and to all Employees on any recall list. Where possible, the Union will receive a copy prior to the date of posting.
- 15.1.2 All postings will include a copy of the job description for the positions prepared in accordance with the terms of reference of the Job Evaluation Committee.
- 15.1.3 Positions six weeks or less duration need not be posted.
- 15.2 Any Employee will have the right to apply for any posted vacancy except Term Employees as specified in clause 14.2.3.
- 15.2.1 A Continuing Employee who moves to fill a term position is entitled to return to the position they held prior to taking the term position, unless the position no longer exists, in which case the Employee shall be placed in a position at the same pay grade and step.
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15.3 Internal applicants for posted vacancies will be appointed on the basis of ability, experience, qualifications related to the position as specified in the job description and Seniority. When the Employer is making its selection and more than one applicant possesses the minimum qualifications specified in the job description for the position, Seniority will be the determining factor.
Minimum qualifications in respect of a position means a reasonable expectation, based on the training, education, experience or skills, of an Employee, that the Employee will be able to perform the duties of the position in a satisfactory manner following a reasonable period of familiarization.
- 15.4 Before hiring from outside the Employer, the Employer will fill vacancies from within the bargaining unit, providing Employees are available with the minimum qualifications as specified in clause 15.3. If subsequent to a posting the minimum qualifications are changed, the position must be reposted internally before hiring from outside the Employer.
- 15.5 The Employer acknowledges that in matters related to hiring it will not make decisions in a manner which is arbitrary, discriminatory or in bad faith.
- 15.5.1 The Employer will provide, on request, specific written reasons to an Employee when they are an unsuccessful applicant for an internally posted position.
Article 16 – Posting of Expected Long-term Vacancies as Continuing Positions
- 16.1 The parties agree to establish a joint committee to oversee the process on a case-by-case basis for filling long-term vacancies by adding continuing positions, while safeguarding both the rights of all Employees and management as laid out in the collective agreement.
- 16.2 The joint committee shall consist of two representatives of the Employer and two representatives of the Union.
- 16.3 The purpose of the joint committee shall be to make recommendations to the parties with respect to the posting of continuing positions in those circumstances where the incumbent Employee is on either long-term sick leave, supplemental employment insurance benefit, or long-term disability and the position in question is filled with either a term or casual Employee.
- 16.4 All recommendations must be by consensus.
- 16.5 A meeting of the joint committee shall be convened at the request of either party when an Employee has been absent for more than two years or where it is clear that the Employee will not be returning to work.
- 16.6 Where a position is filled on a term basis to replace a continuing Employee on long-term sick leave, a recommendation to post a position as continuing shall be made only when the following conditions have been met:
- 16.6.1 the joint committee is satisfied on the basis of appropriate medical evidence that the Employee does not have a reasonable prospect of a return to the job in question in the foreseeable future;
- 16.6.2 the incumbent Employee has been contacted and provided with a review of their rights under the collective agreement, including accommodation responsibilities of all parties and the entitlements of the incumbent.
- 16.7 Regardless of the pay grade of the initial placement, the Employee shall be paid the same pay grade and step that applied to the Employee prior to the leave of absence. Provided that it is supported by medical and vocational assessment, the Employee must accept the first position of comparable pay grade for which they possess the minimum qualifications on the understanding that the Employee will continue to be entitled to full collective agreement rights including the right to apply for any new postings. The parties recognize that to achieve such a placement, it may be necessary to waive the terms and conditions of the collective agreement with respect to job postings, promotions, and transfers. It is understood that in instances where the terms and conditions of the collective agreement have been waived, such instances shall be dealt with on a without prejudice basis and shall only be applicable to this article.
- 16.8 The parties agree to utilize the services of a qualified third party to assess medical information relevant to the decisions of the committee and to develop appropriate protocols for the treatment of confidential medical information.
- 16.9 The parties agree that any Employee that has been affected by a decision which the joint committee has made under the provisions of this article will retain all benefits resulting from those decisions.
Article 17 – Transfer, Layoff, and Recall
- 17.1 A layoff is defined as the issuance of a layoff notice to an Employee.
- 17.2 In the event of layoff, priority for retention will be given to Employees with the greatest Seniority provided they have the minimum qualifications necessary to perform the remaining bargaining unit work as specified in position job descriptions. An Employee who is bumped by a senior Employee in accordance with this article shall have all the rights set out in this article.
- 17.3 An Employee who has transferred to another position as a result of receiving a layoff notice or who has been previously recalled to employment in the bargaining unit from the recall list will be given the opportunity to return to their position if it becomes vacant or is reinstated within 15 months of the date of the layoff notice. The rights specified in this clause take precedence over all Seniority provisions of the collective agreement.
- 17.4 An Employee who has received a layoff notice and for whom there is not an available position at the same pay grade will be offered the opportunity to bump into any position at a lower pay grade provided they have greater accumulated Seniority than the incumbent in the position and provided they possess the minimum qualifications necessary to perform the duties specified in the job description for the position. An Employee exercising this option will have their pay red-circled at their current pay rate. An Employee entitled to bump in accordance with this article shall advise the Director of Human Resources of their intention, in writing, of which position they wish to bump into within five working days. An Employee who declines the opportunity to bump into such a position will have the option of going on the recall list as set out in clause 17.11 or of receiving severance pay as set out in clauses 17.11.1 and 17.14.
- 17.5 An Employee who has received a layoff notice will be given the opportunity to bump into a position at a higher pay grade, if they presently hold or have previously successfully completed a term appointment in the position, or if there are no positions available at the Employee’s pay grade, and provided they have greater accumulated Seniority than the incumbent in the position and provided they possess the minimum qualifications necessary to perform the duties specified in the job description for the position. An Employee entitled to bump in accordance with this article shall advise the Director of Human Resources of their intention, in writing, of which position they wish to bump into within five working days. An Employee who declines the opportunity to bump into a position will have the option of going on the recall list as set out in clause 17.11. When no position is available the Employee may exercise the options specified in clause 17.4.
- 17.6 The Employer shall notify the Union that they are considering laying off Employees in the bargaining unit. The Union shall be:
- a. Provided with the opportunity to make a presentation to the Executive Committee prior to any final decision on the layoff of Employees.
- b. Provided with the opportunity to meet with the Employer to discuss alternatives to layoff.
In the event that the Employer decides to layoff Employees, the Employer shall notify the Union of any such layoffs, specifying job titles and number of positions affected, at least two months prior to such layoffs taking effect.
In the event of layoff of Employees, the Employer shall canvass all Employees to invite:
- 17.6.1 Retirement as provided for in Article 48–Retirement Benefits;
- 17.6.2 Resignation with severance pay as provided for in Article 17–Transfer, Layoff and Recall;
- 17.6.3 Job sharing as provided for in Article 23–Temporary Job Sharing;
- 17.6.4 Part-time work as provided in clause 14.1;
- 17.6.5 Career Transition Plan.
- 17.7 The Employer will give a minimum of two months’ notice of layoff or pay in lieu thereof.
- 17.8 Employees who are laid off and whose services are required in the last month will be assisted in obtaining other employment by being given adequate time off with pay for job search and interviews and by being provided with reasonable and appropriate use of telephone and photocopy services and the use of Employer word-processing equipment. The Employer will pay for employment-related counseling services up to a maximum of five hundred dollars per Employee.
- 17.9 Employees who are laid off and whose assistance is not required during the last month of service (after notice has been served) will be allowed to leave to devote full time to looking for another position.
- 17.10 An Employee who obtains other employment during their last month of service will be able to leave after giving the Employer a minimum of one day’s notice. In this circumstance, pay will cease on the last day of active employment.
- 17.11 An Employee electing to go on the recall list shall remain on this list for a period of 30 months from the date of the layoff for Employees with 10 years seniority or more and 24 months for Employees with less than 10 years, and shall be offered any vacant position for which they possess the minimum qualifications necessary to perform the position as specified in the job description for the position. An Employee refusing two positions at a pay grade equivalent to the position they held at the time of layoff shall be removed from the recall list. Offers will be made by the Employer in order of Seniority.
- 17.11.1 An Employee on the recall list as a result of a layoff may elect to receive severance pay as outlined in clause 17.14 at any time before the Employee’s right to re-engagement pursuant to clause 17.11 is lost. An Employee’s right to recall is lost once the Employe elects to receive severance pay.
- 17.11.2 If, at the time of an offer of employment to an Employee who is on the recall list, the Employee would have been entitled to pregnancy, parental, elder care, or education leave, declining this offer shall not be considered one of the two refusals as outlined in clause 17.11.
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17.12 An Employee who is on the recall list pursuant to clause 17.11 shall receive the following benefits subject to carrier restrictions, of this agreement:
- 17.12.1 Medical Services Plan;
- 17.12.2 Extended Health Benefits;
- 17.12.3 Dental;
- 17.12.4 Life;
- 17.12.5 Employee Family Assistance Plan;
- 17.12.6 Pension.
The full cost of these benefits will be paid by the Employer.
- 17.13 An Employee who has transferred to another position as a result of receiving a layoff notice or who has been previously recalled to employment in the bargaining unit from the recall list will be given first opportunity to return to their former position if it becomes vacant or is reinstated within 15 months of the date of the layoff notice. The rights specified in this clause take precedence over all seniority provisions of the collective agreement.
- 17.14 An Employee electing to receive severance pay will receive one month of salary for every year of Seniority and one-half month of salary, for a portion of a year of Seniority, based on the current rate of pay for their previous position, pro-rated for part-time, except as follows. Where an Employee has taken a job-sharing arrangement pursuant to clause 17.6, their severance pay will be based on their salary prior to the job share. Seniority accrued during periods on the recall list shall not be included in the calculation for severance pay.
- 17.14.1 An Employee who receives severance pay pursuant to this article and who is subsequently rehired by the Employer, shall retain the severance payment. In such a case, for purposes only of any future severance pay under clause 17.14, the calculation of Seniority shall commence with the date of such rehiring.
- 17.15 The Employer shall notify the Union that it is considering reducing the number of continuing positions in the bargaining unit. The Union shall be provided with the opportunity to make a presentation to the Executive Committee prior to any final decision on reduction of staff. In the event that the Employer decides to reduce the number of continuing positions, the Employer shall notify the Union of any such reduction, specifying job title and number of positions affected, at least two months prior to such reduction taking effect.
- 17.15.1 Each Employee affected by elimination of positions shall have the right to be accompanied by a Union representative at all meetings regarding their position and their options.
- 17.16 As a direct result of a layoff or attrition no Employees shall have their regular workload increased beyond a reasonable level.
Article 18 – Organizational Change
- 18.1 Organizational change means changes introduced by the Employer in the manner in which it carries out its operations and services where such changes significantly affect the terms and conditions or security of employment of any member of the bargaining unit or alter significantly the basis on which this agreement is negotiated. Organizational change shall be carried out in a manner consistent with clause 17.15.
- 18.2 The Employer will notify and seek advice from the Union and Employees affected at least one month prior to the implementation of organizational change involving divisional restructuring initiated by decisions of the Executive Committee. Such notice shall be in writing and include the nature of the change. The Employer will notify and seek advice from the Union and Employees affected prior to the implementation of other organizational change.
- 18.3 In cases involving only a physical rearrangement of work areas, the Employer agrees to consult with Employees with respect to work area requirements and expectations.
- 18.4 Prior to any reassignments of Employees resulting from an organizational change, work groups will be identified and drafts of job descriptions that generally outline tasks of division members will be provided to the Union for feedback.
- 18.5 The Employer will not initiate organizational change for the purpose of eroding the skill or salary content of the bargaining unit. No Continuing Employee shall suffer a loss of pay as a result of organizational change.
- 18.6 An Employee who requires training in order to meet the demands of their job as a result of organizational change shall be provided with this training by the Employer at the Employer’s cost and during working hours.
- 18.6.1 Such training shall be provided as soon as possible after the organizational change occurs.
- 18.6.2 If training cannot be arranged internally during normal working hours, the affected Employee has the right to seek and have the Employer pay for training from another source. Such training shall be the subject of mutual discussion by the Employee and the Employer. An Employee taking external training outside of their normal working hours will receive time off in lieu.
- 18.7 In the event that organizational change leads to the red-circling of existing Continuing Employees, the Employee will not receive a salary increase until the pay grade below their current pay grade reaches the rate of pay which they are currently receiving.
- 18.7.1 If, after a period of three years from the date of red-circling, the rate for the new pay grade the Employee was assigned has not reached the rate which they are currently receiving, the Employee shall be entitled thereafter to the average percentage increases applied to the Union pay scale and to increments.
- 18.7.2 If an Employee who is red-circled wishes to take a severance package, the Union shall negotiate and ratify the package on their behalf either:
- i. at the time of the announcement of red-circling being made to them; or
- ii. within six months of the effective date of red-circling.
- 18.7.3 An Employee who has been red-circled and who applies under Article 15— Job Postings, Promotions, and Transfers, and who meets the minimum qualifications for a term or continuing position, up to and including their former pay grade, will be given the position notwithstanding the Seniority provision in clause 15.3. This priority access shall be limited to one term and one continuing position only.
- a. In the event that two red-circled Employees apply for the same position, the Employee who has been red-circled for the longer period of time and who meets the minimum qualifications will be given the position.
- b. Seniority will be the determining factor when two Employees are applying for a position and both have the minimum qualifications and both have been red-circled for the same period of time.
- 18.7.4 Employees who have been red-circled shall have the opportunity for Employer-paid training to a maximum of $1,800 to:
- i. increase access to positions within the bargaining unit; and/or
- ii. to obtain career transition counseling and subsequent training.
Article 19 – Technological Change
- 19.1 Technological change is defined as change introduced by the Employer in the areas of automation or equipment used, where such change significantly affects the terms, conditions and/or security of employment of bargaining unit members or alters significantly the basis upon which this agreement is negotiated.
- 19.2 Technological change is defined as change introduced by the Employer in the areas of automation or equipment used, where such change significantly affects the terms, conditions and/or security of employment of bargaining unit members or alters significantly the basis upon which this agreement is negotiated. Technological change will be carried out in a manner consistent with clause 17.15.
- 19.3 Where notice of technological change is given or an intention to proceed with such change is conveyed to the Union, the Union and the Employer will attempt to reach agreement through negotiation.
- 19.4 In the event that the Union and the Employer fail to reach agreement under clause 19.3, within 60 days of the Union’s receipt of notification of the Employer’s intention to proceed with technological change, the two parties will refer the issue to arbitration within 21 calendar days of failure to agree.
- 19.5 Technological change will not be introduced by the Employer until the matter is resolved by agreement through negotiation or by arbitration.
- 19.6 No continuing Full or Part-Time Employee shall suffer loss of employment or reduction of pay as a result of technological change.
- 19.6.1 The red-circling provisions contained in clause 18.7 shall apply.
- 19.7 If the introduction of technological change necessitates retraining of an Employee:
- 19.7.1 Such retraining shall be provided by the Employer at the Employer’s cost and during working hours. The retraining shall begin as soon as possible after technological change has occurred and not later than three months from the date of request by the affected Employee.
- 19.7.2 If the retraining cannot be arranged internally during normal working hours, the affected Employee has the right to seek and have the Employer pay for retraining from another source. Such retraining shall be the subject of mutual discussion by the Employee and the Employer. An Employee taking external training outside of their normal working hours will receive time off in lieu.
- 19.7.3 The course or program of retraining will be the subject of mutual discussion by the Employee and the Employer. The final approval of the program or course, including the length of retraining, will be subject to approval by the Employer.
- 19.8 Any Continuing Employee who requires training in new technology in order to meet the demands of their job shall be provided with this training by the Employer. The Employer shall pay the cost of such training and shall provide it during working hours. Training shall be provided as soon as possible after technological changes occur and not later than three months from the date of request by the affected Employee.
- 19.9 When technological change as defined in clause 19.1 is introduced (including computers), appropriate equipment, furniture and lighting shall be provided. Users directly affected shall be consulted prior to the preparation of a capital budget for these items.
- 19.10 The Employer shall recognize two representatives of the Union as the technological representatives who may, at the Union’s request, represent the Union on the Technology Workgroup and the Technology Policy Committee.
- 19.10.1 The technological representative shall function as an officer of the Union and carry out the normal function of a steward with authority to represent the Union on matters arising out of this agreement and issues, disputes, and grievances arising out of the introduction of technological change.
- 19.10.2 The Union’s representation on these bodies shall not be less than that accorded to the Administrative Staff Union.
- 19.10.3 The Employer shall endeavour to give the Union a minimum of seven days’ notice of Technology Policy Committee meetings and at the time of notice shall provide the Union with all pertinent background information.
Article 20 – Salary Determination
- 20.1 Job classification and salary determination shall be as set out in the Plan, Maintenance Agreement and Manual approved by the parties in November, 1989 and as attached as Appendix H of this agreement.
- 20.2 The Employer and the Union, through a joint committee, shall continue to monitor the procedures for job definition, classification and evaluation, and salary determination, and to study alternative systems of salary determination.
- 20.3 Promotions
- 20.3.1 Where an Employee is promoted to a position that is one pay grade higher than their current pay grade, the Employee will move to the first pay step in the next pay grade providing an increase over their former rate of pay. The increment timetable will be maintained per clause 20.4 in the case of such promotions.
- 20.3.2 Where an Employee is promoted to a position that is two or more pay grades higher than their current pay grade, the Employee will move to the pay step that would provide an increase over the pay step that they would have progressed through in a one pay grade movement. Subsequent increments will be maintained per clause 20.4 in the case of such promotions.
- 20.4 Movement along Salary Scale
- 20.4.1 Normal
- a. Start on step 1
- b. Three months after step 1, step 2
- c. Nine months after step 2, step 3
- d. Nine months after step 3, step 4
- e. Total period to maximum 21 months.
- 20.4.2 When negotiation necessary (with incoming Employee)
- a. Negotiable range to and including step 3 only.
- b. Factors permitting higher than step 1 placement include:
- i. Experience directly applicable to position applied for.
- ii. Proposed starting salary will not cause inequities among incumbent Employees within the same department.
- iii. Applicants under consideration will not be attracted by normal starting salary.
- 20.4.1 Normal
Article 21 – Bonusing
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21.1 Where an Employee is on leave or absent and, as a consequence, (an) other Employee(s) is/are assigned an increased workload for 28 consecutive hours or more, the Employee(s) shall receive a bonus payment of one full grade additional to their existing grade retroactive to the first day the increased workload was undertaken.
The following conditions apply:
- a. The duties assigned must be those of an Employee who is on leave or absent and has not been replaced by a Casual Employee;
- b. The Employee(s) may refuse the assignment from the twenty-ninth hour onward and shall receive the bonus for the entire period the additional duties were performed;
- c. No bonus will be paid for an assignment of less than 28 hours (in the case of a 9/10 work schedule bonusing will be paid on an average work week of 35 hours).
- 21.1.1 In exceptional circumstances, where special assignment is required, the Employer, after consultation with the Union, may grant a bonus of one grade other than as specified in clause 21.1.
- 21.1.2 Bonusing assignments will be divided equally, insofar as possible, among the Employees who are willing and able to perform the assigned work.
Article 22 – Hours of Work
- 22.1 The normal weekly hours of work shall be 35 hours a week except in the months of July and August during which the normal weekly hours of work shall be 31 hours a week. The work week for persons employed as summer relief staff will average 35 hours per week and they will be paid at straight time rates for the first 35 hours.
- 22.2 Employees are entitled to two 15-minute coffee breaks per day. These breaks are considered to be time worked.
- 22.3 The Employer supports the concept of modified work schedules and will make or accept such proposals when they will have a positive effect on operations. Such proposals shall be in writing and the Employer shall provide reasons in writing within three (3) weeks for accepting or rejecting the proposal. The Employer shall not unreasonably deny such proposals.
- 22.4 No Employee shall have their hours of work changed without two (2) weeks’ notice.
Article 23 – Temporary Job Sharing
- 23.1 Job sharing is defined as the work of one full-time position temporarily performed by two bargaining unit members.
- 23.2 The Employer and the Union support the concept of job sharing as a means of improving the work environment and staff morale and as a positive alternative to staff layoff.
- 23.3 Before proceeding with layoffs, the Employer shall solicit job sharing proposals from the Union to minimize the loss of bargaining unit positions. In addition, the Employer will make job sharing proposals or accept such proposals from the Union when and wherever the nature of proposed new work assignments furthers the objectives set out in clause 23.2. Where an Employee wishes to job-share and has not found a job-sharing partner, the Employer will assist by posting the other portion of the Employee’s job for five calendar days.
- 23.4 The Employer and the Union will respond to job sharing proposals within 15 working days of receipt of such proposals.
- 23.5 Benefit entitlements for participants in job sharing arrangements will be the same as for Part-Time Employees. The Employer will ensure that bargaining unit members investigating job sharing are aware of the implications on benefit coverage for the benefits set out in Article 46—Health and Welfare Benefits and Plans. Vacation pay will be as set out in clause 14.1.
- 23.6 Any job shared by two bargaining unit members shall revert to full-time status after one year, or a longer period agreed by the parties, unless formally renewed by the Union and the Employer in consultation with the Employees involved. If one participant to a job-sharing arrangement quits, terminates or is laid off, the job-sharing arrangement shall be reviewed by the Employees involved, the Employer and the Union. If all of these parties cannot reach consensus on a method for continuing the job-sharing arrangement, the job in question shall immediately revert to full-time continuing basis.
- 23.7 Notwithstanding clause 23.2, the Employer retains the right not to enter into job sharing arrangements when such arrangements can be expected to affect adversely operations or services to BCTF members.
Article 24 – Overtime and Premium Pay
- 24.1 The Employer will endeavor to keep overtime to a minimum and to meet requirements on a voluntary basis. Overtime work will be divided equally, insofar as possible, among the Employees who are willing and able to perform the work that is available within a reasonable time. Overtime requirements will be met on a voluntary basis except in the event of urgent situations, in which case, the Employer has the right to assign the work. For overtime in excess of two consecutive hours, Employees will be given 24 hours’ notice, except in emergency situations.
- 24.2 An emergency is an unforeseen event resulting in work which cannot be handled in the normal manner within the bargaining unit.
- 24.3 When the working of overtime requires that an Employee incur additional childcare costs, the Employer shall reimburse the Employee for such costs.
- 24.4 For the purposes of this article, a work day will average seven (7) hours; a work week will average thirty-five (35) hours except that during the months of July and August, a work week will average thirty-one (31) hours. A week will be the seven-day period commencing Saturday midnight.
- 24.5 Overtime will be paid on a daily basis, at a rate of one-and-one-half times the hourly rate for the first two hours and double time thereafter, or time off shall be granted at a rate of one-and-one-half times the time worked for the first two hours and double time thereafter.
- 24.6 Compensation for Sunday work will be double time, provided that the total number of hours worked in the week exceeds 35 or, if during July and August, the total number of hours worked in the week exceeds 31, or if the Employee is working part-time for the hours a part-time Employee works in excess of their usual hours of work.
- 24.7 The accumulation of time off for overtime compensation cannot exceed a maximum of 70 hours.
- 24.8 Compensation for meals during overtime will be in accordance with the policy of the Employer regarding expenses.
- 24.8.1 An allowance for dinner will be payable to an Employee upon completion of at least two hours overtime.
- 24.8.2 Where an Employee is required to work overtime on either Saturday, Sunday or on a statutory holiday, the Employer will pay expenses as follows:
- i. for a period of more than three hours an allowance for lunch and
- ii. if the overtime is worked until or later than 6:00 p.m. an allowance for dinner.
- 24.9 If an Employee does not have private transportation and works until or later than 6:00 p.m., the Employer will pay their taxi fare home, if requested.
- 24.10 The Employer will pay a shift differential to any Employee who works on afternoon or graveyard shifts. This amount will be increased by a percentage equivalent to the negotiated average increase when the salary scale is increased. Effective January 1, 2006, the shift differential for janitors on the afternoon shift will be considered to be part of the Employee’s normal rate, and to be pensionable earnings, and will be applied to all paid time including sick leave, vacation, etc., and will be reflected in the grid in a new category Pay Grade 2(a).
- 24.10.1 Afternoon and graveyard shifts are defined as shifts for which the majority of the regularly scheduled working hours are outside of 9:00 a.m. and 5:00 p.m.
- 24.11 The Employer shall maintain a record of all overtime hours worked and the Union will have access to this record on request.
- 24.12 An Employee who works on a holiday as described in clause 26.1 will be paid at double their regular rate of pay or will receive two days off with pay, if applicable, as specified in clause 24.5.
- 24.13 Employees called in to work on regularly scheduled days off, or vacations, or called back to work outside their regular working day, shall receive a minimum of 4 hours pay at overtime rates.
- 24.13.1 Employes called in to work shall receive one hour travel time at overtime rate of pay when the Employe is required to travel to an Employer worksite to conduct the work.
- 24.13.2 A call in occurs when an Employee on a scheduled day off, vacation or after normal working hours is required to report to work.
- 24.13.3 Employees called in to work at an Employer worksite on the weekend shall be eligible to claim mileage in accordance with clause 50.1.3.
- 24.14 Standby Premium
- 24.14.1 Where Employees are required to stand by to be called for duty under conditions which restrict their normal off-duty activities, they shall be compensated in accordance with the following:
- 24.14.2 The Employer will pay a bonus of $90.00 weekly to Employees who are designated and assigned to respond to calls for assistance beyond the regularly scheduled BCTF building hours.
- 24.14.3 Duly assigned Employees shall also receive overtime pay for the actual hours that they work away from the BCTF building in responding to such calls with minimum pay to be one hour of overtime. All calls are to be recorded and logged in and the applicable overtime hours are to be submitted on the Employee’s overtime sheet.
- 24.14.4 Duly assigned Employees will be required to carry a phone, supplied by the Employer, while on standby duty.
- 24.15 Allowances
- 24.15.1 PhD Allowance – Effective July 1, 2007, $3,000.00 per annum for PhD degree related to designated assignment.
- 24.15.2 Master’s Allowance – Effective July 1, 2007, $1,800.00 per annum for Master’s degree related to designated assignment. Only one Master’s Allowance will be paid per applicable Employee.
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24.15.3 As of June 30, 2021, the bi-weekly bonus amount was $86.45. This amount will be increased by a percentage equivalent to the negotiated average increase when the salary scale is increased during the period of the collective agreement;
July 1, 2021 – $89.91
July 1, 2022 – $92.16
July 1, 2023 – $93.55
July 1, 2024 – $94.49
July 1, 2025 – $94.97
Article 25 – Inclement Weather Leave
- 25.1 In the event that:
- a. Public transit is the Employee’s normal mode of transportation and it is shut down; and/or
- b. There is a public advisory not to travel issued for the route the Employee normally takes to work, and no other reasonable alternate route is available.
- 25.2 The Employee will work from home if they have the technology required for the day(s) of the shutdown/advisory.
- 25.3 If the Employee does not have the technology required to work from home, the Employee will not incur loss of salary or benefits for the day(s) of the shutdown/advisory.
- 25.4 The Employee will, as soon as possible and prior to their scheduled shift start time, contact the Director of Human Resources to advise that they are intending to access this leave. Approval will not be unreasonably withheld.
Article 26 – Holidays and Holiday Pay
- 26.1 The Employer agrees to grant the following paid holidays: New Year’s Day, Family Day, Good Friday, Easter Sunday, Victoria Day, Canada Day, B.C. Day, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day, and any other statutory holidays as may be declared from time to time. Where any of the above-noted holidays fall on a Saturday or Sunday, the Employer will designate the preceding Friday or following Monday to be a holiday for the purpose of this agreement.
- 26.2 If the Employer closes the building early on December 24th, then the remainder of the Employee’s shift will be paid. For any other Employer mandated building closures, the Employee will be able to use Personal Leave, Vacation Days, Discretionary Leave, Banked Time, Banked Overtime, or Banked Winter Break Time at the Employee’s discretion.
Article 27 – Vacations and Vacation Pay
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27.1 An Employee will receive an annual vacation with pay in accordance with their years of employment, based on the following rate:
appointment to completion of 5 years of service – 20 days
6 years to completion of 10 years of service – 25 days
11 years to completion of 14 years of service – 30 days
15 years of service onwards – 35 days - 27.2 If a paid holiday falls on or is observed during an Employee’s vacation period, they will be granted an additional day’s vacation.
- 27.3 All Employees may carry over up to three weeks (15 working days) of annual vacation during any vacation year. Annual vacation carried over, under this clause, is not cumulative and must be taken within the next vacation year immediately following the year in which it was earned.
- 27.3.1 The Employer will notify Employees at least three months before their anniversary date.
- 27.4 When an Employee falls ill or is injured while on vacation, the Employee will draw on their accumulated sick leave entitlement and their vacation entitlement for the period of illness will be rescheduled.
- 27.5 When an Employee who has previously terminated their employment with the Employer is rehired within three years, that person’s previous vacation rate with the Employer prior to the earlier termination will be reinstated.
- 27.6 Upon termination, an Employee’s vacation entitlement will be prorated. The Employee will compensate the Employer for all vacation days taken but not earned.
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27.7 Bonus weeks shall be earned in accordance with the following table:
Upon completion of 14 years – 5 days
Upon completion of 19 years – 10 days
Upon completion of 24 years – 15 days
Upon completion of 30 years – 20 days-
27.7.1 Bonus weeks earned upon completion of 14 and 19 years expire 5 years after the year in which they are earned.
Bonus weeks earned upon completion of 24 and 30 years do not expire.
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- 27.8 Annual vacation may be taken at any time during the year provided approval is given by the Director or Supervisor on the basis that service will not be impaired, and a minimum of substitution will be required. An Employee’s vacation request shall not be unreasonably denied.
- 27.8.1 Subject to the provisions of clause 27.1 an Employee will have the right to request at least four weeks of consecutive uninterrupted vacation.
Article 28 – Sick Leave
- 28.1 All Full-Time Continuing Employees are entitled to a sick leave bank of twenty-two days per year with no maximum accumulation. Except as specified in clause 28.2 the twenty-two days entitlement shall be added to the Employee’s previous accumulation on their anniversary date.
- 28.2 Twenty-two days (154 hours) sick leave shall be advanced to each FullTime Continuing Employee on commencement of employment. This is not in addition to clause 28.1.
- 28.3 In addition to the entitlement specified in clause 28.1, all Full-Time Continuing Employees shall be entitled to additional sick leave coverage up to but not exceeding 24 days (168 hours). This sick leave supplement of up to 24 days may be used in whole or in part following exhaustion of regular sick leave entitlements but is not renewable.
- 28.4 After an Employee is absent six consecutive days due to illness or injury, the Employer may require an MSP-recognized health practitioner’s certificate at the Employer’s expense stating the expected date of return.
- 28.5 The Employer’s share of the costs of the benefit package, Article 46— Health and Welfare Benefits and Plans, shall be paid by the Employer during the period of time a person is collecting employment insurance sick leave benefits and long-term disability benefits.
- 28.6 Sick leave shall be considered as employment with the Employer for all purposes.
- 28.7 When an Employee who has previously terminated their employment with the Employer is rehired within three years, that person’s sick leave entitlement as of the date of their previous termination will be reinstated.
- 28.8 Where an Employee receives benefits under the Sick Leave Plan or the Long-Term Disability Salary Continuance Plan and receives benefits for the same period of disability under the Workers’ Compensation Act, the Employee shall reimburse the amount of benefits paid under either plan to the Employer.
- 28.8.1 Where an Employee becomes disabled as a result of an accident where a third party is responsible, the Employee shall repay, out of any recovery for lost wages from the third party, all monies paid out by the Sick Leave or Long-Term Disability Plans on account of such disability, up to but not exceeding the full amount of such recovery from the third party or the amount of benefits received by the Employee hereunder on account of such disability, whichever is the lesser; provided that if in the final disposition of any such claim against the third party, whether by judgment or negotiated settlement of such claim, there is found or determined to be a division of liability between the Employee and the third party, the Employee shall only be obliged to repay to the Employer the same percentage of the lesser of such recovery or the amount of benefits as the percentage of fault ascribed to the said third party.
- 28.8.2 Where an Employee becomes disabled as a result of an accident where a third party is responsible, the Employee shall repay, out of any recovery for lost wages from the third party, all monies paid out by the Sick Leave or Long-Term Disability Plans on account of such disability, up to but not exceeding the full amount of such recovery from the third party or the amount of benefits received by the Employee hereunder on account of such disability, whichever is the lesser; provided that if in the final disposition of any such claim against the third party, whether by judgment or negotiated settlement of such claim, there is found or determined to be a division of liability between the Employee and the third party, the Employee shall only be obliged to repay to the Employer the same percentage of the lesser of such recovery or the amount of benefits as the percentage of fault ascribed to the said third party.
- 28.8.3 Upon full reimbursement to the Employer of all monies paid as a result of disability as referred to in clauses 28.8.1 and 28.8.2 above, the Employer will ensure the Employee has all the rights and entitlements under the plans reinstated as though the absence had not occurred.
- 28.9 Absence from work due to infrequent medical or dental appointments shall not be deducted from sick leave entitlement. “Infrequent” shall be defined as no more than three medical/dental visits per month.
- 28.10 Employees are entitled to take up to 10 days per year from their sick leave entitlement to cover absences due to family illness.
- 28.11 Where an Employee is unable to work their regular assignment due to illness or injury, the Employee’s assignment may be reduced and/or changed accordingly by mutual agreement for a specified period of time and the Employee may draw on their sick leave entitlement, EI sick leave, or LTD benefits to cover loss of income.
Article 29 – Accommodation
- 29.1 Where a sickness or disability is established and an accommodation is being sought the Employer, the Union and the Employee will use reasonable measures to accommodate an Employee returning to work from sick leave.
- 29.2 The parties agree to establish a joint committee to review workplace accommodation plans pertaining to Employees with sickness or disabilities requiring workplace accommodations.
- 29.3 The joint committee shall consist of up to two representatives of the Employer and up to two representatives of the Union.
- 29.4 A meeting of the joint committee shall be convened:
- 29.4.1 when an accommodation plan requires review, or
- 29.4.2 when an Employee on sick leave provides medical support for partial or full-time return to work to ensure that appropriate accommodation measures are in place.
Article 30 – Supplemental Employment Insurance Benefit Plan – Sick Leave
- 30.1 Supplemental Employment Insurance Benefit Plan (SEIB) – Sick Leave will take effect when an Employee has applied for and is in receipt of Employment Insurance Sick Leave benefits to a maximum of sixteen weeks.
- 30.2 Supplemental Employment Insurance Benefit Plan – Sick Leave will be paid to the Employee by the Employer, during the period of receipt of Employment Insurance Sick Leave benefits.
- 30.3 The Employer undertakes to file the plan with the Commission, Human Resources Development Canada, in accordance with the requirements of Subsection 37(2) of the Employment Insurance Regulations.
- 30.3.1 In accordance with paragraph 37(2)(g) of the Employment Insurance Regulations, any amendment to the Supplemental Employment Insurance Benefit plan will be submitted within 30 days after the effective date of the change.
- 30.3.2 In accordance with paragraph 37(2)(e) of the Employment Insurance Regulations, the plan is financed by the Employer and will keep separate accounts for those payments.
- 30.4 During the Employment Insurance waiting period, the Employee shall be entitled to the following benefit: 85% of the Employee’s regular pay.
- 30.5 Each subsequent week’s benefit requires receipt of Employment Insurance and shall be equivalent to 85% of the Employee’s regular weekly pay less Employment Insurance benefit during the period of medical leave.
- 30.5.1 It is understood that, in any week, the total amount of Supplemental Employment Insurance benefit entitlement, Employment Insurance benefits and any other earnings received by the Employee will not exceed 85% of the Employee’s regular pay pursuant to clause 30.4
- 30.6 Qualification for this benefit would expire if:
- a. the Employee returned to work, or
- b. the Employee resigned, or
- c. the Employee was no longer on leave due to medical reasons, or
- d. the Employee was no longer eligible for Employment Insurance benefits.
- 30.7 Supplemental Employment Insurance Benefits shall be based on the Employee’s last monthly salary on the last day the Employee worked.
- 30.8 At the end of the sick leave, and when an Employee has been in receipt of Employment Insurance benefits during such leave, the Employer will pay an additional week of paid leave at 85% of the Employee’s regular salary as per clause 30.7.
- 30.9 The Union and the Employer will review the operation of the Supplemental Employment Insurance Benefit Plan – Sick Leave if the law related to this plan changes during the life of the contract.
- 30.10 Employees do not have a right to Supplemental Employment Insurance Benefit payments except for supplementation of Employment Insurance benefits during the unemployment period as specified in the plan.
- 30.11 Payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under this plan.
- 30.12 The changes to the existing SEIB Plan are subject to regulatory approval.
Article 31 – Pregnancy Leave
- 31.1 Upon request a pregnant Employee shall be granted a leave.
- 31.1.1 The leave will begin no earlier than 13 weeks before the expected birth date and be no more than 17 weeks in duration.
- 31.1.1.1 In the event a pregnancy terminates prior to 13 weeks before the expected birth date, the Employee shall be entitled to Pregnancy Leave.
- 31.1.1.2 The request for leave must:
- a. be in writing to the Employer;
- b. if made during the pregnancy, be given at least 4 weeks before the day the Employee proposes to begin leave; and
- c. if required by the Employer, be accompanied by a medical certificate stating the expected or actual birth date or the date the pregnancy terminated.
- 31.1.1 The leave will begin no earlier than 13 weeks before the expected birth date and be no more than 17 weeks in duration.
- 31.2 An Employee taking Pregnancy Leave is entitled to return to the position they held prior to taking leave, so long as the position still exists, and if not, to another at the same salary grade and step.
- 31.3 An Employee taking Pregnancy Leave will notify the Employer, in writing, two weeks prior to returning to work.
- 31.4 The Employer will continue to pay its share of all benefit premiums during Pregnancy Leave.
- 31.5 Pregnancy Leave will be considered as employment with the Employer for the purposes of seniority, salary increments, annual vacation, and sick leave entitlement.
- 31.6 If the Employee is unable to return to work at the end of the Pregnancy Leave because of ill health, they will provide the Employer with an acceptable medical certificate and then will be entitled to draw on their accumulated sick leave entitlement if there is any to their credit.
- 31.7 When an Employee is absent from duty due to illness arising from pregnancy they will advise the Employer as early as possible of the date when they will be able to return to work. The Employer agrees to provide the same position held by the Employee prior to taking leave, so long as the position still exists and, if not, to another position at the same pay grade and step, not more than one month from the date the Employee served notice that they would be able to return to work.
- 31.8 When an Employee wishes to return to work prior to the end of the Pregnancy Leave agreed to, the Employer will endeavour to provide a position.
- 31.9 Supplemental Employment Insurance Benefits shall be available pursuant to Article 33—Supplemental Employment Insurance Benefit Plan—Pregnancy and Parental.
Article 32 – Parental Leave
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32.1 Parental Leave shall be granted as follows:
The leave shall begin within 52 weeks or 78 weeks after the child’s birth or the child being placed with the adoptive parent.
- i. In the case of a birth parent, Parental Leave will begin immediately following the conclusion of leave taken pursuant to Article 31—Pregnancy Leave;
- ii. In the case of the other parent, Parental Leave will begin immediately following the birth or placement of the adoptive child.
- iii. In the case of the other parent, Parental Leave will begin immediately following the birth or placement of the adoptive child.
- iv. An Employee’s election of either standard or extended Parental Leave is irrevocable.
- v. An Employee’s combined entitlement to leave pursuant to Article 31—Pregnancy Leave and Article 32—Parental Leave is limited to 52 weeks for those who opt for standard Parental Leave or seventy-eight 78 weeks for those who opt for extended Parental Leave.
- 32.2 An Employee’s request must be made at least 4 weeks, if possible, before the day specified in the request as the day on which the Employee proposes to commence Parental Leave, and be accompanied by:
- i. a certificate of a medical practitioner or other evidence stating the date of birth of the child or the probable date of birth of the child; or
- ii. a letter from the agency that placed the child providing evidence of the adoption of the child.
- 32.3 Parental Leave under clause 32.1 will be considered as employment with the Employer for all purposes of this agreement.
- 32.3.1 An Employee is entitled to return to the position they held prior to taking leave, so long as the position still exists, and if not, to another at the same salary grade and step.
- 32.3.2 An Employee taking Parental Leave will notify the Employer, in writing, one month prior to returning to work.
- 32.3.3 The Employer will continue to pay its share of all benefit premiums during Parental Leave.
- 32.4 When an Employee wishes to return to work prior to the end of the Parental Leave agreed to, the Employer will endeavour to provide a position.
- 32.5 Supplemental Employment Insurance Benefits shall be available pursuant to Article 33—Supplemental Employment Insurance Benefit Plan— Pregnancy and Parental.
- 32.6 Upon request, an Employee who does not receive the benefit provided in Article 33— Supplemental Employment Insurance Benefit Plan—Pregnancy and Parental will receive up to ten days leave with pay on the birth or adoption of a child.
Article 33 – Supplemental Employment Insurance Benefit Plan – Pregnancy and Parental
- 33.1 A Supplemental Employment Insurance Benefit Plan Maternity—(SEIB) is available when a Continuing Employee, regardless of seniority, or a Term Employee with a minimum of 12 months seniority has applied for and is in receipt of employment insurance pregnancy or parental benefits while on pregnancy or Parental Leave authorized under Article 31—Pregnancy Leave, or Article 32—Parental Leave of this agreement.
- 33.1.1 Employees not included in clause 33.1 shall be entitled to leave as per applicable legislation (Employment Standards Act and EI Act).
- 33.2 An Employee’s entitlement to the Supplemental Employment Insurance Benefit shall be for a maximum of 51 or 77 weeks inclusive of the 1 week waiting period.
- i. An Employee who is required by Employment Insurance to serve the one-week waiting period for Employment Insurance pregnancy/Parental benefits, shall be paid a leave allowance equivalent to one week at 95% of the Employee’s basic pay as defined in clause 33.6.
- ii. The Pregnancy Leave allowance will consist of 15 weekly payments equivalent to the difference between the Employment Insurance gross benefits received by the Employee and 95% of the Employee’s basic pay as defined in clause 33.6.
- iii. The Standard Parental Leave allowance will consist of a maximum of 35 weekly payments, equivalent to the difference between the Employment Insurance gross benefits received by the Employee and 95% of the Employee’s basic pay as defined in clause 33.6.
- iv. The Extended Parental Leave allowance will consist of a maximum of 61 weekly payments equivalent to the overall amount the Employee would have received with 35 weekly payments calculated under the Standard Parental Leave allowance.
- 33.3 At the end of either a Parental Leave, or a Pregnancy Leave which has not been followed by a Parental Leave, and when an Employee has been in receipt of Employment Insurance Benefits during such leave, the Employer will pay an additional week of paid leave at 95% of the Employee’s salary as per clause 33.6.
- 33.4 This benefit expires when:
- a. the Employee returns to work, or
- b. the Employee resigns, or
- c. the Employee is no longer on Pregnancy Leave, Parental Leave, or
- d. the Employee is no longer eligible for employment insurance benefits.
- 33.5 Employees do not have a right to Supplemental Employment Insurance Benefit payments except for supplementation of Employment Insurance benefits during the employment period as specified in the plan.
- 33.6 Supplemental Employment Insurance Benefits shall be based on the Employee’s last monthly salary on the last day they worked.
- 33.7 The Union and the Employer will review the operation of the Supplemental Employment Insurance Benefit Plan—Pregnancy and Parental if the law related to this plan changes during the life of the contract.
- 33.8 Payments in respect of guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under this plan.
- 33.9 The changes to the existing SEIB Plan are subject to regulatory approval.
Article 34 – Parenthood Leave – Beyond Pregnancy and Parental Leave
- 34.1 Upon request a Continuing Employee or a Term Employee with a minimum of 12 months seniority may take up to 24 months leave without pay for Parenthood Leave.
- 34.1.1 An Employee will notify the Employer six weeks prior to their intention to take Parenthood Leave.
- 34.1.2 An Employee taking Parenthood Leave is entitled to return to the position they held prior to taking leave, so long as the position still exists, and if not, to another at the same salary grade and step.
- 34.1.3 Parenthood Leave will not be considered as employment with the Employer for the purposes of salary increments, annual vacation, and sick leave entitlement.
- 34.1.4 An Employee shall continue to receive the benefits under Article 46—Health and Welfare Benefits and Plans and shall remit to the Employer the full premium cost of these benefits.
- 34.2 No Employee taking Parenthood Leave can request that their position be held a second time without returning to work for ten consecutive months.
- 34.2.1 This clause does not apply when an Employee requests Pregnancy Leave as set out in Article 31 or Parental Leave under Article 32.
- 34.3 Parenthood Leave for any periods other than in clause 34.1 shall be subject to the mutual agreement of the Employee and the Employer.
- 34.4 An Employee taking Parenthood Leave will notify the Employer, in writing, one month prior to returning to work.
- 34.5 When an Employee wishes to return to work prior to the end of the Parenthood Leave agreed to, the Employer will endeavour to provide a position.
Article 35 – Personal Leave
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35.1 Each Employee is entitled to six days (42 hours) of leave without loss of pay per year, with a maximum accumulation of twenty-five days (175 hours) to
attend to needs related to bereavement, to attend funerals, religious holidays, illness of a family member, caregiving, moving, household emergencies, obligations of parents with school children, elder care and any other emergency situation requiring the Employee’s personal attention.An Employee may also use this leave during Employer mandated building closures as per clause 26.2.
- 35.2 The six days will be advanced to each Employee on their employment anniversary date.
- 35.3 The Employee will notify the Supervisor when taking such leave and enter it into Dayforce. The Human Resources Department may request additional information pertaining to personal leaves for “any other emergency situation”. The Employer retains the right to deny a Personal Leave request for “any other emergency situation”, however such Personal Leave requests shall not be unreasonably denied.
- 35.4 Upon termination, an Employee will be paid an amount equivalent to full pay at their regular rate of pay for 25 per cent of the unused personal leave days accumulated in accordance with clause 35.1 to a maximum of 6 days’ pay.
Article 36 – Discretionary Leave
- 36.1 Each Employee is entitled to one day of discretionary leave per year without loss of pay for reasons totally at the Employee’s discretion. Employees will advise their Supervisor not less than one week prior to taking such leave.
Article 37 – Compassionate Care, Family Caregivers for Children Leave or Family Caregivers for Adults Leave
- 37.1 When an Employee is eligible to receive Compassionate Care, Family Caregivers for Children Leave or Family Caregivers for Adults Leave Employment Insurance Benefits pursuant the Employment Standards Act of BC:
- a. An Employee is entitled to a supplemental salary (SEIB) when they are in receipt of Compassionate Care Leave Employment Insurance benefits, Family Caregiver for Children Employment Insurance benefits, or Family Caregiver for Adults Employment Insurance benefits.
- b. The SEIB benefit will be based on the Employee’s last monthly salary on the last day worked.
- c. The SEIB will equal:
- i. 85% of an Employee’s regular pay for the one-week EI waiting period;
- ii. 85% of an Employee’s regular pay additional eight weeks of leave, less any amount received as EI benefits.
- d. The total amount of SEIB benefit, Employment Insurance and any other earnings received by the Employee will not exceed the Employee’s last monthly salary on the last day worked.
- e. Salary and benefits payable under this agreement (i.e. retirement allowance, severance pay) shall not be reduced or increased by payments under the SEIB benefits.
- f. The SEIB benefit expires when the Employee:
- i. Returns to work, or
- ii. Resigns, or
- iii. Is no longer on an Article 37 leave, or
- iv. Is no longer eligible for Employment Insurance Benefits.
- g. The Employee’s benefit plans coverage will continue for the duration of the leave on the same basis as if the Employee were not on leave.
- h. The Employer shall pay, according to the Pension Plan regulations, the Employer portion of the pension contribution where the Employee elects to buy back or contribute to pensionable service for part or all of the duration of the leave.
- i. Seniority shall continue to accrue during the period of the leave.
- j. An Employee who returns to work following a leave granted under this article shall be placed in the position the Employee held prior to the leave.
Article 38 – Domestic and Sexual Violence Leave
- 38.1 When an employee is eligible to receive Domestic or Sexual Violence Leave as per the BC Employment Standards Act, the Employer shall also make available to the Employee:
- i. an additional five days of leave without loss of pay per calendar year; and
- ii. an additional ten weeks of unpaid leave per calendar year which may be extended at the discretion of the Executive Director.
- 38.2 In addition, when an Employee’s adult child or other person the Employee considers to be a close relative or chosen family regardless of blood, adoption, marriage or common law partnership, experiences domestic or sexual violence, the Employer shall make available to the Employee five days of leave without loss of pay per calendar year despite the fact that the Employee is not eligible to receive Domestic or Sexual Violence Leave as per the BC Employment Standard Leave.
- 38.3 This leave may be taken in full or half days.
- 38.4 The Employee’s benefit plans coverage will continue for the duration of the leave on the same basis as if the Employee were not on leave.
- 38.5 The Employer shall pay according to the Pension Plan regulations, the Employer portion of the pension contribution where the Employee elects to buy back or contribute to pensionable service for part or all of the duration of the leave.
- 38.6 Seniority shall continue to accrue during the period of leave.
- 38.7 An Employee who returns to work following a leave granted under this article shall be placed in the position the Employee held prior to the leave.
- 38.8 An Employee who wishes to access this leave may do so by applying directly to the Director of Human Resources by telephone, in person, or in writing. At the Employee’s request, a Union representative may also apply on the Employee’s behalf. No formal documentation (such as police reports or medical records) is required to access this leave.
- 38.9 Any documentation or information received in relation to an Employee’s leave or request for leave will remain confidential, except as required by law or where the Employee authorizes disclosure.
- 38.10 When an Employee is eligible to receive Domestic or Sexual Violence Leave as per the BC Employment Standards Act, the Employer will undertake jointly with the Union and the Employee, a workplace risk assessment and develop a safety plan.
- 38.11 If an Employee receives leave under this article. the Employee will not be disciplined or receive a work evaluation in the event that a domestic violence incident may have contributed to concerns regarding attendance and/or work performance.
Article 39 – Leave for Jury Duty
- 39.1 An Employee who is called for jury selection, jury duty or is subpoenaed as a witness to an event or case over which they had no personal responsibility or cause, will continue to receive their regular pay and to accrue Seniority and service for all purposes.
- 39.1.1 The Employee will pay to the Employer any monies received from either party on days they are normally scheduled to work.
Article 40 – Educational Leave (Without Pay)
- 40.1 A Continuing Employee who has at least three years Seniority may take not less than four months and not more than twelve months leave without pay for educational purposes. The Employee will provide the Employer with their course outline and registration. Educational leave for any period other than the above shall be subject to the mutual agreement of the Employee and the Employer.
- 40.2 No more than two Employees will be on educational leave at any one time.
- 40.3 Except by mutual agreement of the Employee and the Employer no Employee may take an educational leave more than once every three years.
- 40.4 The Employee will notify the Employer twelve weeks in advance of their intention to take educational leave.
- 40.5 Educational leave will be considered as employment for the purpose of Seniority accumulation, salary increments, and vacation entitlement (but not vacation usage).
- 40.6 An Employee taking educational leave will notify the Employer, in writing, one month prior to returning to work.
- 40.7 Subject to carrier restrictions and pension plan regulations, the Employee may elect to continue health and welfare benefits provided they pay both the Employer and Employee share of all premiums and contributions.
- 40.8 When the period of educational leave agreed to has expired, an Employee is entitled to return to the position they held prior to taking leave or to another at the same pay grade and step.
- 40.9 When an Employee wishes to return to work prior to the end of their educational leave, the Employer will endeavour to provide a position.
Article 41 – Educational Leave (With Pay)
- 41.1 It is considered desirable to have Employees take educational leave which would further the objectives of the BCTF.
- 41.2 At least one educational leave with pay may be granted annually by the Employer following consideration of recommendations from the Joint Educational Leave Committee.
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41.2.1 Normally, educational leave with pay shall not be granted to more than one Employee in any one contract year.
The educational leave shall be for a period not to exceed one year.
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- 41.3 An Employee shall be eligible to apply for educational leave with pay only once in the lifetime of their employment with the Employer following five years of continuous employment.
- 41.4 Applications for paid educational leave beginning in the 12 months following the next July 1 shall be submitted to the Executive Director of the Employer no later than the preceding January 1.
- 41.5 An application for paid educational leave shall include a program of study consistent with the following objectives:
- 41.5.1 To enhance Employer services;
- 41.5.2 To provide expertise in an area identified as an Employer priority;
- 41.5.3 To extend the background and knowledge of the applicant; and
- 41.5.4 Shall indicate the relevance of specific program courses or projects to the above objectives.
- 41.6 Where there are more than two applicants, paid education leave shall be granted in seniority order.
- 41.7 A Joint Educational Leave Committee, to consider proposals for paid educational leave, shall be established consisting of two persons representing the Employer and two persons representing the Union.
- 41.7.1 Each party shall inform the other party prior to January 1 of each year the names of its representatives.
- 41.7.2 The Joint Educational Leave Committee shall, prior to February 1, receive for education leave from the Executive Director, assess the applications, meet with the applicants to clarify their proposals, and make recommendations to the Liaison Committee.
- 41.7.3 The Joint Educational Leave Committee may extend the February 1 recommendation date in order to facilitate appropriate consideration of the applications and to prepare its recommendations.
- 41.7.4 The Joint Educational Leave Committee shall present its report and recommendations to the Liaison Committee.
- 41.7.5 Recommendations from the Joint Educational Leave Committee may be rejected by the Liaison Committee, but in such cases the Liaison Committee shall provide to the committee a written rationale for its decision.
- 41.8 The successful applicant for a paid educational leave shall:
- 41.8.1 Make every effort to complete the program of study proposed in the application.
- a. If the Employee is unable to commence or complete the program for personal reasons, the leave shall not commence, or, once commenced, shall be cancelled and the Employee shall be entitled to return to the position they held prior to taking leave, so long as the position still exists, and if not, to another at the same salary grade and step;
- 41.8.2 Give an undertaking in writing to return to their duties for a period of two years following the expiration of the leave.
- a. An Employee may be released from this obligation through repayment, on a pro rata basis, of all monies they received while on educational leave.
- b. Repayment constitutes a debt due and payable to the Employer.
- 41.8.1 Make every effort to complete the program of study proposed in the application.
- 41.9 Paid educational leave shall be considered as employment with the Employer for purposes of salary increments, vacation and holiday entitlement, seniority, and sick leave.
- 41.9.1 While on educational leave for a period of one full year, the Employee shall receive seven months’ salary, in accordance with the Employee’s salary placement and all benefits under this collective agreement.
- 41.9.2 While on educational leave for a period of less than one full year, the Employee shall receive their regular monthly salary for the period of the educational leave to a maximum of seven months.
- a. In addition, they shall receive all benefits under this collective agreement, except that annual vacations shall be prorated to be equivalent to the period of time the Employee will work in the 12 month period.
- b. In the vacation year following an Employee’s return from educational leave, vacation shall be calculated in such a manner as to adjust for any discrepancy in vacation taken by the Employee which differs from the previous year’s estimate.
Article 42 – Leave for Elected Public Office
- 42.1 Upon request to the Director of Human Resources, an Employee shall be granted leave of absence without pay, to a maximum period of sixty consecutive calendar days, to allow that Employee to stand as a candidate in federal, provincial, or municipal elections.
- 42.2 An Employee elected to federal, provincial, or municipal office shall, upon request to the Director of Human Resources, be granted leave of absence without pay.
- 42.3 An Employee, upon completion of the leave, shall return to their position so long as the position still exists and if not to another at the same salary grade.
- 42.4 The Employer shall grant leave of absence upon request to the Director of Human Resources, without pay, to an Employee who serves as a member of a hospital board, regional college board, or other community board. Such leave requests will not be unreasonably withheld.
Article 43 – Special Leaves
- 43.1 The Employer may grant Employees leave without pay if it does not cause unreasonable disruption of operations.
- 43.1.1 Special leaves will not be considered as employment with the Employer for the purposes of salary increments, annual vacation, sick leave entitlement and Seniority.
Article 44 – Deferred Salary Leave Plan
- 44.1 A Deferred Salary Leave Plan structured in accordance with BCTF policy will be made available to Continuing Employees.
- 44.2 Such leaves will be considered Special Leaves and will be taken under the provision of clause 43.1.
- 44.3 The Employer may limit the number of Participants whose period of leave will occur in the same year.
- 44.4 During the period of leave, the Employee shall continue to receive the benefits under Article 46—Health and Welfare Benefits and Plans. The full costs of premiums will be paid by the Employer.
- 44.5 Where an Employee elects, subject to the applicable pension plan regulations, to establish pensionable service credit for the period of the leave, the Employer will continue to pay the Employer’s share of the pension contributions.
Article 45 – Health and Safety
- 45.1 Where the nature of the work or working conditions so require, Employees will be supplied, at the Employer’s expense, with all the necessary tools, protective clothing, safety equipment and other protective devices, which will be maintained and replaced, where necessary, at the Employer’s expense.
- 45.2 The Employer and the Union will maintain a Joint Occupational Health and Safety Committee. The Union shall have four representatives on the Committee. The terms of reference and the duties and functions of the Joint Occupational Health and Safety Committee will not be inconsistent with those set out in the WCB Occupational Health & Safety Regulations in effect on July 1, 2003.
- 45.3 Any Employee may make a written or verbal presentation concerning unsafe working conditions to the Health and Safety Committee.
- 45.4 Refusal of Unsafe Work
- 45.4.1 A person must not carry out or cause to be carried out any work process or operate or cause to be operated any tool, appliance or equipment if that person has reasonable cause to believe that to do so would create an undue hazard to the health and safety of any person.
- 45.4.2 A worker who refuses to carry out a work process or operate a tool, appliance or equipment pursuant to clause 45.4.1 must immediately report the circumstances of the unsafe condition to their Supervisor or Employer.
- 45.4.3 A Supervisor or Employer receiving a report made under clause 45.4.2 must immediately investigate the matter and
- i. Ensure that any unsafe condition is remedied without delay, or
- ii. If in their opinion the report is not valid, must so inform the person who made the report.
- 45.4.4 If the procedure under clause 45.4.3 does not resolve the matter and the worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, the Supervisor or Employer must investigate the matter in the presence of the worker who made the report and in the presence of:
- i. a worker member of the joint safety committee, or
- ii. a worker who is selected by a trade union representing the worker.
If the investigation under clause 45.4.4 does not resolve the matter and the worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, both the Supervisor or the Employer, and the worker must immediately notify an officer of WCB who must investigate the matter without undue delay and issue whatever orders are deemed necessary.
- 45.4.5 A worker must not be subject to discriminatory action because the worker has acted in compliance with Article 45—Health and Safety or with an order made by an officer.
- 45.4.6 Temporary assignment to alternative work at no loss in pay to the worker until the matter in Article 45—Health and Safety is resolved is deemed not to constitute discriminatory action.
- 45.5 The Employer will pay the cost of training plus a bi-weekly bonus to four Union members for certification and duties as an occupational first aid attendant. The Employer also agrees to pay an allowance according to the schedule in clause 24.15.3.
- 45.6 First aid attendant postings required in accordance with clause 45.5 shall be posted and filled in accordance with Article 15—Job Postings, Promotions, and Transfers.
- 45.7 Computer Operations
- 45.7.1 Emergent issues related to the health or safety of the work environment shall be referred to the Joint Health and Safety Committee. The committee shall ensure an appropriate investigation is conducted and report back to the parties including the Employee expressing the concern.
Article 46 – Health and Welfare Benefits and Plans
- 46.1 Extended Health Benefits will be made available to the Employee.
- 46.1.1 The full cost of Extended Health Benefits will be paid by the Employer.
- 46.1.2 The Employee may elect either single, couple or family coverage.
- 46.1.3 To be eligible for the Extended Health Benefit coverage, Employees must be covered by a medical plan recognized by the Employer.
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46.1.4 The plan will provide the following:
EHB Coverage a. Psychologist/Registered Clinical Counsellor $2,500/yr. b. Physiotherapy/Massage Unlimited c. Chiropractor (including x-rays)/Naturopath Unlimited d. Vision/ND $750/person/2 yrs. e. EHB Lifetime Maximum Unlimited f. Hearing Aid $3,500/ear/4 yrs g. Blue Net with generic drug reimbursement only, except when otherwise prescribed by a physician; Preferred Pharmacy Network implementation h. Orthotics $1,000/yr. i. Oral Contraceptives Unlimited j. ECU Co-insurance $20/day k. Speech Therapy $500/person/yr. l. Smoking Cessation $1,200 allocated to bargaining unit per year to be used for an approved program of smoking cessation activities. m. Sexual Dysfunction Drugs $500/yr. n. Acupuncture Unlimited o. Podiatry $800yr. p. Eye Examination $150/yr. - 46.1.5 Coverage for any dependent child of the member (including any stepchild, legally adopted child, or legal ward, but not a foster child) who is living with and financially dependent on the Employee or the spouse continues, from birth to age 21 or, if in full-time attendance at a recognized educational institute to age 25.
- 46.1.5.1 Coverage for any child of the member (including any stepchild, legally adopted child, or ward but not a foster child) who is disabled, regardless of age, who is living with or financially dependent on the Employee.
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46.2 Dental coverage will be made available to the Employee, Spouse and dependent children equal to those provided under Pacific Blue Cross Dental Care Plans A, B, and C as follows:
Dental Coverage
Plan A – 100% coverage
Plan B – 90% coverage
Plan C – 80% coverage ($7,500 lifetime maximum)- 46.2.1 One hundred percent of premium costs will be paid by the Employer.
- 46.2.2 Employees will be covered under the plan on the first of the month following their date of hire.
- 46.2.3 Coverage for any dependent child of the member (including any stepchild, legally adopted child, or legal ward, but not a foster child) who is living with and financially dependent on the Employee or the spouse continues from birth to age 21 or, if in full-time attendance at a recognized educational institute, to age 25.
- 46.2.4 Coverage for dependent disabled children effective March 1, 2008.
- 46.3 Continuing and Term Employees will be covered under a group life insurance policy from the date of hire.
- 46.3.1 The full cost of the plan will be paid by the Employer.
- 46.3.2 Participation in the plan will constitute a condition of employment.
- 46.3.3 Part-Time Employees working less than 17.5 hours per week will not be enrolled into the plan.
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46.3.4 The group life insurance plan shall provide coverage in accordance with the following schedule:
Employee Classification Amount of Group Life/ADD Insurance Under age 45 300 percent of annual salary to a maximum of $360,000. Age 45 to 54 250 percent of annual salary to a maximum of $360,000 Age 55 but under age 70 200 percent of annual salary to a maximum of $360,000 Age 70 and over 100 percent of annual salary to a maximum of $360,000
- 46.4 Full time, Part time, and Term Employees will be enrolled in the BCTF Salary Indemnity Plan LTD component under the following conditions:
- 46.4.1
- a. The full cost of the plan will be borne by the Employee.
- b. The Employer will pay the Employee an allowance of 1.6% which was permanently rolled into the salary grid, effective January 1, 2014.
- 46.4.2 There shall be mutual agreement between the Employer and the Union regarding the selection of the carrier. The Union shall have the right to initiate a review of the carrier and its operation. The Employer will pay for the internal costs of such a review.
- 46.4.3 The Employer shall not terminate for non-culpable cause any Employee while they are in receipt of either long-term disability, EI sickness benefits or where an application for either benefit is being processed or in dispute.
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46.4.4 The BCTF will arrange for a one-day briefing for three Union representatives regarding substance and structure of the BCTF Salary Indemnity Plan and a review of the SIP decision-making processes. The day will be scheduled by mutual agreement of the parties. If more time is necessary during the term of the collective agreement, it will be added by mutual agreement.
As of the signing date of this agreement, the Union will have the right to send a representative to attend the BCTF Income Security Committee meetings that are not of a confidential nature. The representative will have voice but no vote.
The Union will have the right to make a presentation to the BCTF Executive Committee regarding the Salary Indemnity Plan.
- 46.4.5 The Employer will be responsible for notifying Employees on an annual basis to review their eligibility to withdraw from the BCTF Salary Indemnity Plan.
- 46.4.1
- 46.5 The Employer will make available to Employees in the bargaining unit an Employee Family Assistance Plan.
- 46.6 The Employee portion of any EI rebate will be applied against the Employee portion of the income protection package.
- 46.7 All Employees shall be required to participate in the Municipal Pension Plan subject to the terms and conditions of the plan. From the date of enrolment in the Municipal Pension Plan by an Employee, the Employee and the Employer will contribute to the plan such sums as may be required from time to time by the terms of the Municipal Pension Plan.
- 46.7.1 Effective January 1, 2014, or at a later date, all Employees shall be required to participate in the Municipal Pension Plan (MPP) subject to the terms and conditions of Plan eligibility established by the MPP Board of Trustees. From the date of enrolment in the MPP by an Employee, the Employee and the Employer will contribute to the MPP such sums as may be required from time to time by the terms of the MPP.
- 46.8 The Employer will reimburse, on a one-time-basis, the cost of the Shingles vaccination upon receiving a receipt from the Employee.
Article 47 – Benefits for Unpaid Leaves
- 47.1 For all leaves where the Employer does not pay the benefit premiums, an Employee may maintain benefit coverage during unpaid leaves of absence of more than one month, subject to carrier/contract restrictions, by paying the full cost of the premiums.
Article 48 – Retirement Benefits
- 48.1 Employees 55 years of age or older, with ten or more years of Seniority, on staff prior to March 13, 2008, are red-circled and will receive one week’s bonus salary at the current rate of pay for each year of Seniority upon retirement. Employees hired after March 13, 2008 are not eligible for this benefit.
- 48.1.1 Any subsequent re-employment will not qualify an Employee for further benefit under this clause.
- 48.1.2 Employees 55 years of age or older, with 10 or more years of Seniority whose application for employment is dated after March 13, 2008, will receive a retirement gratuity equal to 1.5% of annual salary for each year of Seniority with the Employer.
- 48.2 Medical coverage under Medical Services Plan of British Columbia (MSP) will be made available to each current Retiree and future retirees whose application for employment was dated prior to March 13, 2008. Employees whose application for employment was dated after March 13, 2008, may choose to go on the BCTF retirees’ medical services plan at their cost.
- 48.2.1 The full cost of the medical coverage will be paid by the Employer for current Retirees and future retirees whose application for employment was dated prior to March 13, 2008. Employees whose application for employment was dated after March 13, 2008, may choose to go on the BCTF retirees’ medical services plan at their own cost.
- 48.2.2 The Retiree may elect either single, couple, or family coverage.
- 48.2.3 In the event of the Retiree’s death, coverage will be made available to the Spouse. Where the retirement is effective January 2006 or later, this coverage will be made available to the spouse provided that the spouse is in receipt of survivor benefits from the BCTF Staff Pension Plan, Municipal Pension Plan, or the BC Teachers’ Pension Plan.
- 48.3 Extended Health Benefits will be made available to each current Retiree and future retirees whose application for employment was dated prior to March 13, 2008. Employees whose application for employment was dated after March 13, 2008, may choose to go on the BCTF retirees’ extended health benefits plan at their own cost.
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48.3.1 Benefits will be provided under a plan which will include:
EHB Coverage a. Vision $400/person/2 yrs. b. EHB Lifetime Maximum Unlimited c. Physiotherapy/Massage Unlimited d. Chiropractor/Naturopath Unlimited e. Hearing Aid $1,500/ear/4 yrs. f. Orthotics $1,000/person/yr. g. Speech Therapy $500/person/yr. h. ECU co-insurance $20/day i. Oral Contraceptives Unlimited j. Sexual dysfunction drugs $500/person/yr. k. Clinical Psychologist $500/yr. l. EFAP m. BlueNet - 48.3.2 The full cost of the extended health benefits will be paid by the Employer for current Retirees and future retirees whose application for employment was dated prior to March 13, 2008. Employees hired after March 13, 2008, may choose to go on the BCTF retirees’ Extended Health plan at their own cost.
- 48.3.3 To be eligible for the extended health benefit coverage, a Retiree and their Spouse must be covered by a medical plan recognized by the Employer.
- 48.3.4 The Retiree may elect either single, couple or family coverage.
- 48.3.5 In the event of the Retiree’s death, coverage will be made available to the Spouse. Where the retirement is effective January 2006 or later, this coverage will be made available to the spouse provided that the spouse is in receipt of survivor benefits from the BCTF Staff Pension Plan, Municipal Pension Plan, or the BC Teachers’ Pension Plan.
- 48.3.6 The Employer will meet carrier restrictions which include mandatory membership for each Retiree and their Spouse unless a waiver form has been completed.
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- 48.4 Dental benefits will be made available to each current Retiree and future retirees whose application for employment was dated prior to March 13, 2008. Employees hired after March 13, 2008, may choose to go on the BCTF retirees’ dental plan at their own cost.
- 48.4.1 Coverage will provide:
- 48.4.1.1 Plan A – Basic services at 100% payment of services.
- 48.4.1.2 Plan B – Prosthetic appliances and crowns and bridges at 80% payment of services.
- 48.4.2 The Retiree may elect single, couple or family coverage.
- 48.4.3 In the event of the Retiree’s death, coverage will be made available to the Spouse. Where the retirement is effective January 2006 or later, this coverage will be made available to the spouse provided that the spouse is in receipt of survivor benefits from the BCTF Staff Pension Plan, Municipal Pension Plan, or the BC Teachers’ Pension Plan.
- 48.4.4 The Employer will meet carrier restrictions which include mandatory membership for each Retiree and their Spouse unless a waiver form has been completed.
- 48.4.5 The full cost of the Dental Plan shall be paid by the Employer for current Retirees and future Retirees whose application for employment was dated prior to March 13, 2008. Employees whose application for employment was dated after March 13, 2008, may choose to go on the BCTF Retirees’ dental plan at their own cost.
- 48.4.1 Coverage will provide:
- 48.5 Group life insurance coverage shall be provided to current Retirees and future Retirees whose application for employment was dated prior to March 13, 2008 immediately upon retirement to age 65. Employees whose application for employment was dated after March 13, 2008, may choose to go on the BCTF Retirees’ group life insurance plan at their own cost.
- 48.5.1 Coverage will be 100% of annual earnings as of the last day of work.
- 48.5.2 The full cost of the group life insurance shall be paid by the Employer for current Retirees and future Retirees whose application for employment was dated prior to March 13, 2008. Employees whose application for employment was dated after March 13, 2008, may choose to go on the BCTF Retirees’ group life insurance plan at their own cost.
- 48.6 The Employer shall confirm to each Retiree or surviving partner annually, on the anniversary date of this collective agreement, the benefits provided to that Retiree or surviving partner under Article 48—Retirement Benefits.
- 48.7 Copies of benefit plan brochures will be provided on request or when changes occur.
Article 49 – Death Benefits
- 49.1 For all Continuing or Term Employees who die while in the service of the Employer, the Employer shall pay to their designated beneficiary or estate:
- a. one month’s full current salary plus
- b. an amount equal to 17% of the Employee’s current annual salary.
- 49.1.1 Where an Employee is diagnosed with a terminal illness, this benefit may be advanced.
- 49.2 If a Continuing or Term Employee dies while in the service of the Employer, the Employer shall:
- a. pay the premiums necessary to maintain coverage for six (6) months following the Employee’s death, for the partner and dependants of the deceased Employee in force at the date of death, under
- i. Medical Services Plan (MSP)
- ii. Extended Health Benefit Plan (EHB)
- iii. Dental Benefit Plan
- iv. Employee Family Assistance Plan (EFAP)
- b. provide the partner and defendants with the option of continuing benefit coverage beyond six months. If the partner/dependent selects the option to continue benefit coverage they shall remit the full premium costs to the Employer except as provided in c.
- c. If an Employee with more than 10 years’ service dies while in the employment of the Employer and is survived by a partner who has been designated by the Employee, the Employer will pay the premiums necessary to provide lifetime coverage under the Medical Services Plan, the Extended Health Benefits Plan and the Dental Plan as described in Article 46—Health and Welfare Benefits and Plans.
- a. pay the premiums necessary to maintain coverage for six (6) months following the Employee’s death, for the partner and dependants of the deceased Employee in force at the date of death, under
Article 50 – Expenses
- 50.1 Employees shall be reimbursed expenses incurred when on authorized business of the Employer, as verified by expense vouchers and in accordance with the reimbursement-of-expenses policy for members of the Employer in effect at the time the expense was incurred.
- 50.1.1 Work-related expenses will include mileage, parking, taxi or bus fares, telephone calls, meals, and accommodations.
- 50.1.2 Mileage will be calculated on the basis of the distance from the BCTF main office to the work site.
- 50.1.3 Employees required to use their personal vehicles on authorized business of the Employer shall be reimbursed at the rate determined by the “Operation of Motor Vehicles” Index for British Columbia published by Statistics Canada and in accordance with the CRA requirements.
Article 51 – Staff Training
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51.1 The Employer and the Union consider it desirable to support and encourage support staff professional growth and, to this end, the Employer will establish a separate staff training and education fund and will provide annually funding as follows:
Effective July 1, 2021 the staff training fund will increase at the time of each salary increase by a percentage equivalent to the negotiated average change in the salary scale.
July 1, 2021 – $42,873
July 1, 2022 – $43,945
July 1, 2023 – $44,604
July 1, 2024 – $45,050
July 1, 2025 – $45,275- 51.1.1 Any monies unexpended at the end of each year shall remain in the fund.
- 51.2 The fund shall be used to further the education, training and development of Employees through conference/seminar/workshop attendance, team building exercises, group training, and other activities related to personal growth, wellness, and professional growth.
- 51.3 The fund shall be administered by the Union. The Union will submit a detailed report of expenditures showing total costs, and number of Employees by category as outlined in clause 51.2 to the Employer within three months of the completion of the budget year, accounting for expenditures from the fund.
- 51.4 All Employees will have equal access to the fund.
- 51.5 Any leave of absence required in order to participate in education, training or development by use of this fund shall be at a time agreeable to the Employer.
- 51.6 Employer-directed or required education or training, conference attendance and organizational membership fees shall be funded by the Employer without reference to this fund. Prior to the adoption of the budget for the coming year Employees may, through the Director of their division, submit proposals regarding Employer directed education, training or conference attendance.
- 51.7 Any Continuing Employee may elect to take introductory computer training to a maximum of four hours training time. The Employer shall provide opportunity for this training during hours of work. If possible, the training will be provided not later than six months from the date of request
Article 52 – Education Trust Fund
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52.1 The Employer will contribute to an education fund to be established by the Union.
The contributions will be three cents per hour per Employee per hour worked effective January 1, 2002.
- 52.2 The Employer will remit the contribution directly to the Union, by cheque.
- 52.3 The Employer will remit such accumulated contributions for each calendar month within 14 days of the end of each month, with a written statement of the number of Employees employed by the Employer and the total number of hours worked by all Employees.
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52.4 The Union in its sole discretion will determine the uses of the funds. The funds will be used to develop training in the following areas:
- Aboriginal Culture
- Benefits Training
- Collective Bargaining
- Communication Skills
- Economic Issues
- Environmental Issues
- Grievance Handling
- Health and Safety
- Land Use Issues
- Leadership Training
- Parliamentary Procedure & Public Speaking
- Stewards Training
- Union History
Without limiting the generality of the foregoing, the fund will be used to develop and deliver programs, and to pay for administration costs, time lost from work to attend education and training, travel, accommodation and such other reasonable costs as the Working Committee determines appropriate regarding the operation and administration of the fund.
Article 53 – Duration
- 53.1 This agreement is made and entered into this first day of July 2021, between the British Columbia Teachers’ Federation (herein referred to as the “Employer”) and the Teachers’ Federation Employees’ Union (herein referred to as the “Union”).
- 53.2 This agreement will remain in effect from July 1, 2021 to June 30, 2026 and will be renewed from year-to-year thereafter unless either party gives to the other party notice, in writing, at least 90 days prior to the expiry date of the contract that it desires to terminate or amend its provisions.
- 53.3 In the event that the parties are unable by the expiry date of this agreement to conclude a collective agreement for the subsequent period, the parties agree that the terms and conditions provided for in this agreement will continue to apply until a subsequent agreement is reached and without prejudice to the provisions of the new agreement.
- 53.4 The parties may agree to resolve their differences in the negotiations for a renewal of the collective agreement, by interest arbitration.
List of Position Titles and Pay Grades
LIST OF POSITION TITLES AND PAY GRADES
This list of position titles and pay grades as of July 1, 2021, appears for information only and may be varied at any time during the life of this contract under the terms of reference of the Salary Determination Committee.
PAY GRADE 2
| Janitor/Weekend (3) | J0216 | Maintenance/FAS |
| Janitor (3) | J0217 | Maintenance/FAS |
| Front Desk & Staffroom Co-Ordinator (2) | J0258 | Admin Services/FAS |
PAY GRADE 3
| Maintenance Facilities Support | J0215 | Maintenance/FAS |
| Facilities and Purchasing Assistant | J0219 | Acct/Purchasing/FAS |
| Administrative Secretary (4) | J0230 | PSID |
| Production Clerk | J0241 | Production/CCD |
| Administrative Secretary | J0275 | CCD |
| Accounts Payable Clerk | J0296 | Accounting/FAS |
| Accounts Receivable Clerk | J0298 | Accounting/FAS |
| Administrative Secretary (2) | J0453 | Field Service |
| Administrative Secretary | J0459 | Income Security |
| Accounting General Clerk | J0480 | Accounting/FAS |
| Intake Clerk/Admin. Secretary (2) | J0801 | Income Security |
PAY GRADE 4
| Internal Relations Admin. Assistant | J0227 | PSID |
| PowerPoint Specialist | J0228 | PSID |
| Bilingual Administrative Secretary | J0231 | PSID |
| PSID Administrative Secretary (2) | J0233 | PSID |
| Help Desk Technician (2) | J0248 | Information Technology/FAS |
| Graphic Designer (2) | J0270 | Graphics/CCD |
| Administrative Assistant | J0276 | CCD |
| Member Records & Fees Analyst (3) | J0290 | Membership/FAS |
| Senior Accounting Clerk | J0293 | Accounting/FAS |
| Administrative Assistant (2) | J0462 | Income Security |
| Administrative Assistant | J0465 | Treasurer’s Office/FAS |
| Case Assistant (4) | J0471 | ISD |
PAY GRADE 5
| Paralegal (3) | J0172 | Legal Services |
| Generalist (2) | J0207 | Human Resources |
| Records Analyst | J0213 | IRIS |
| PSA Co-ordinator | J0237 | PSID |
| Administrative Assistant Exec. Office | J0251 | CCD |
| Facility Services Assistant | J0253 | Purchasing & Property Management/FAS |
| Supervisor | J0255 | Administrative Services/FAS |
| Supervisor | J0271 | Graphics/CCD |
| Sr. Member Records & Fees Analyst | J0287 | Membership/FAS |
| Payroll Administrator | J0294 | Human Resources |
| Maintenance Technician | J0295 | Maintenance/FAS |
| Intermediate Accountant (2) | J0417 | Accounting/FAS |
| Research & International Prog. Asst. (2) | J0464 | IRIS |
| Library Technician | J0477 | IRIS |
| Systems Administrator | J0492 | Information Technology/FAS |
| Research and Admin. Assistant | J0502 | FSD |
| Supervisor | J0506 | Production Services/CCD |
PAY GRADE 6
| Supervisor | J0173 | Legal Services |
| Information Specialist | J0186 | IRIS |
| Administrative Assistant to FTTO | J0250 | CCD |
| Design Editor | J0272 | Graphics/CCD |
| Administrative Assistant | J0273 | CCD |
| Case Manager (10) | J0288 | Income Security |
| Senior Accountant | J0292 | Accounting/FAS |
| Senior Accountant Budgets and Grants | J0301 | Accounting/FAS |
| Systems Analyst Programmer (3) | J0311 | Information Technology/FAS |
| Supervisor | J0320 | CCD |
| Supervisor | J0324 | Maintenance/FAS |
| Supervisor | J0415 | Field Service |
| Case Management Team Support | J0476 | Income Security |
| Senior Systems Administrator | J0483 | Information Technology/FAS |
| Supervisor | J0489 | PSID |
PAY GRADE 7
| Archivist and Records Manager | J0187 | IRIS |
| Manager | J0208 | Human Resources |
| Senior Researcher | J0236 | IRIS |
| Manger, Member Data | J0267 | Member Records/FAS |
| Facilities Manager | J0286 | Purchasing/Facility Services |
| Controller | J0291 | Accounting/FAS |
| Senior Systems Analyst/Programmer (2) | J0316 | Information Technology/FAS |
| Senior Research Analyst | J0408 | IRIS |
| Health and Wellness Advisor – Addiction and Acquired Brain Injury | J0469 | Income Security |
| Health and Wellness Program Advisor (2) | J0470 | Income Security |
| Manager | J0473 | Income Security |
| Manager | J0482 | Information Technology/FAS |
| Senior Information Specialist | J0486 | IRIS |
Salary Grids
List of Referenced Documents
Appendix A – Letter of Understanding – Parking
Appendix B – Letter of Understanding – Summer Hours
Appendix C – Letter of Agreement – TFEU/BCTF Liaison Committee
Appendix D – Letter of Understanding – Retirees
Appendix E – Letter of Understanding – “Less Than Minimum” Posting Process
Appendix G – Letter of Understanding – Transit Subsidy
Appendix H – Job Classification and Salary Determination Plan Maintenance Agreement
Appendix I – Letter of Understanding – Production of Documents
Appendix J – Contracting Out Form
Appendix K – Letter of Understanding – Joint Committee on Job Postings, Promotions and Transfers
Appendix L – Letter of Understanding – Joint Committee on Job Classification and Salary Determination