grandbankreccommission 2010-2013

8/2/2019 GrandBankRecCommission 2010-2013

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COLLECTIVE AGREEMENT

between

GRAND BANK RECREATION COMMISSION

and

THE NEWFOUNDLAND AND LABRADOR ASSOCIATIONOF PUBLIC AND PRIVATE EMPLOYEES

EFFECTIVE: January 1, 2011 - December 31, 2013



TABLE OF CONTENTS

ARTICLE NUMBER AND NAME PAGE NO.

1 Preamble .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Management Rights .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Definit ions .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Recognit ion .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Association Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 Check-Off . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Correspondence ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 Grievance Procedure .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 Arbitrat ion .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1010 Labour Management Committee .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1211 State of Emergency Due to Weather Condit ions .. . . . . . . . . . . . . . . . . . . . . . . . . . 1312 Probation, Discharge, Suspension and Discipl ine .. . . . . . . . . . . . . . . . . . . . . . . . 1413 Seniority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1614 Promotions and Staff Changes .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1815 Layoff and Recall. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

16 Hours of Work .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2317 Overt ime ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2418 Holidays .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2619 Annual Vacation .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2720 Sick Leave ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2921 Leave of Absence ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3222 Payment of Wages and Allowances... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3723 Strikes and Lockouts .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4024 Termination of Employment .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4025 Group Insurance ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4126 Pension Plan .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4127 Severance Pay .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41

28 Technological Change ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4229 Effect of Legislat ion .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4430 Contracting Out .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4431 Travel on Employer's Business .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4432 Amendment by Mutual Consent .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4533 Salaries .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4634 Job Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4635 Duration .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4636 Job Tit les... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4737 Federal or Provincial Government Grants .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47

Schedule "A" .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48Schedule "B" .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49

Schedule "C" .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50Schedule “D” . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51Memorandum of Understanding re. UIC Paternity Benefits . . . . . . . . . . . . 52Memorandum of Understanding re. Swimming Pool employees .. . . . . 53Letter of Intent re. Seminars .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54Letter of Intent re. Job Descript ions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55Letter of Understanding re. Temporary Employees Senior ity . . . . . . . . . 56



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ARTICLE 1 PREAMBLE

1:01 The purpose of this Agreement is to maintain harmoniousand mutually beneficial relationships between the Employer,the employees and the Association and to set forth certainterms and conditions of employment relating to remuneration,hours of work, safety, employee benefits and general working

conditions affecting employees covered by the Agreement.

1:02 In the event that there is a confl ict between the context ofthis Agreement and any regulations or policies made by theEmployer, this Agreement shall take precedence over thesaid regulations or policies.

ARTICLE 2 MANAGEMENT RIGHTS

2:01 The Association recognizes and agrees that all the rights,powers and authority both to operate and manage theCommission under its control and to direct the working forcesis vested exclusively with the Employer except as specificallyabridged or modified by the express provisions of thisAgreement.

Should a question arise as to the exercise of management'srights in confl ict with the specific provisions of thisAgreement, fai l ing agreement by the parties, the matter shallbe determined by the Grievance and Arbitration Procedures.

ARTICLE 3 DEFINITIONS

3:01 For the purpose of these conditions:

(a) "Classif ication" means the identif icatio n of a posit ionby reference to a class tit le and pay range number.

(b) “Association” means the Newfoundland and Labrador Association of Public and Private Employees.

(c) "Commission" is the Grand Bank RecreationCommission.

(d) "Day of rest" means a calendar day on which theemployee is on leave of absence.

(e) "Day" means a working day unless other wise noted.



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(f) "Demotion" means an action, other thanreclassif ication, resulting from the correction of aclassif ication error which causes the movement of anemployee from his/her existing classif ication, to aclassif ication carrying a lower pay range number.

(g) "Employee" or "employees" where used, is a

collective term except as otherwise provided hereinincluding all persons employed in the categories ofemployment contained in the bargaining unit. When-ever the masculine is used in this Agreement, i t shallrefer equally to the feminine.

(h) "Employer" means the Recreation Commissionrepresented by the Commission.

(i) "Holiday" means the twenty-four (24) hour periodcommencing at 12:01 a.m. of a calendar daydesignated as a holiday.

(j) “Layoff” means a cessation of employment of anemployee because of lack of work or because of theabolit ion of a past, or because of a reduction in thehours of work, but retains all r ights in accordance withArticle 13.

(k) "Leave of absence" means absence from duty with thepermission of the Employer.

(l) "Month of service" means a calendar month in whichan employee is in receipt of ful l salary or wages inrespect of the prescribed number of working hours ineach working day in the month and includes acalendar month in which an employee is absent onspecial leave.

(m) "Notice" means notice in writ ing which is handdelivered or delivered by registered mail.

(n) "Overtime" means work performed by an employee inexcess of his/her scheduled work day or work week ifand only if his/her work day exceeds eight (8) hoursper day or forty (40) hours per week.

(o) "Part-t ime employee" means a person who is regularlyemployed to work less than the full number of workinghours in each working day or less than the full numberof working days in each work week.



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(p) "Permanent employee" means a person who hascompleted his/her probationary period and isemployed on a full t ime or part-t ime basis withoutreference to any specified date of termination ofservice.

(q) "Probationary employee" means a person who is

employed on a full t ime or part-t ime basis but who hasworked less than the prescribed probationary period.

(r) "Probationary period" means a period of twelve (12)weeks or four hundred and eighty (480) hours,whichever is greater, from the date of employment.

(s) "Promotion" means an action , other thanreclassif ication resulting from the correction of aclassif ication error, which causes the movement of anemployee from his/her existing classif ication to aclassif ication giving a higher pay range number.

(t) "Reclassif ication" means any change in the currentclassif ication of an existing posit ion.

(u) "Schedule" means in writ ing and posted in anaccessible place to all employees.

(v) "Seasonal employee" means an employee whoseservices are of a seasonal and recurring nature andincludes employees who are subject to periodic re-assignment in various posit ions because of the natureof their work.

(w) "Standby" means any period of t ime during which anemployee is required to be available for recall towork.

(x) "Temporary employee" means a person who isemployed for a specific period for the purpose ofperforming certain specified work and whoseemployment may be laid off at the end of such periodor on completion of such work, but does not includeseasonal or probationary employees.

(y) "Week" means a period of seven (7) consec utive daysbeginning at 0001 hours Sunday morning and endingat 2400 hours on the following Saturday night.



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(z) "Year" means the period extending from the first dayof January in one year to the thirty-first day ofDecember in the same year.

(aa) “Vacancy” means an opening which is either permanent, part-t ime, or of a temporary nature formore than four (4) weeks as outl ine d in Article 14.

(bb) “Full-t ime Employee” means a person who is regularlyscheduled to work the full number of working hours ineach work week for his/her classif ication withoutreference any specified date of termination of service.

ARTICLE 4 RECOGNITION

4:01 The Employer recognizes the Association as the sole andexclusive bargaining agent for all classes of employees aslisted in the Certif ication Order issued by the LabourRelations Board and any class or posit ion as mutuallyagreed between the parties since the above-noted orderwas issued and all employees whose place of employmentis the Grand Bank Recreation Commission.

4:02 Any unresolved dispute on future inclusions or exclusions inthe bargaining unit wil l be referred by either party to theLabour Relations Board for adjudication.

4:03 Work of the Bargaining Unit

Persons who are not within the bargaining unit shall notperform any work of the bargaining unit.

4:04 No Other Agreements

No employee shall be required or permitted to make awritten or verbal agreement with the Employer or his/herrepresentative which may confl ict with the terms of thisAgreement.

4:05 No Discrimination - Employer Shall Not Discriminate

The Employer agrees that there shall be no discriminationwith respect to any employee in the matter of hir ing, wagerates, training, upgrading, promotion, transfer, layoff,recall, discipline, classif ication, discharge, assignment ofwork or otherwise by reasons of age, race, creed, color,national origin, polit ical or religious affi l iation, sex or



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marital status, sexual orientation, nor by reason of his/hermembership or activity in the Association.

4:06 In the interest of maintaining a harmonious relationshipbetween the Commission, its employees and theAssociation, both parties to this Agreement recognize thevalue and rights of Shop Stewards and Local President. By

investigating complaints of an urgent nature, investigating,preparing and presenting grievances on behalf ofemployees, carrying out assigned safety committeeresponsibil i t ies and attending management meetings whenrequested, it is hoped that Shop Stewards wil l encourageand protect a proper Employer/employee relationship in thework place.

4:07 Bulletin Boards

The Commission shall provide bulletin board facil i t ies forthe exclusive use of the Association, the sites to bedetermined by mutual agreement. The use of such bulletinboard facil i t ies shall be restricted to the business affairs ofthe Association.

4:08 Association Access

(a) Employees shall have the right at any time to havethe assistance of a full t ime representative of theAssociation on all matters relating to Employer/ employee relationships. Association representative(s)shall have access to the Employer's premises in orderto provide the required assistance. Employeesinvolved in such discussions or investigation ofgrievances shall not absent themselves from workexcept with permission from their supervisor and suchpermission wil l not be unreasonably withheld.

(b) Permission to hold meetings on the premises shall ineach case be obtained from the Employer and suchmeetings shall not interfere with the operations of theEmployer.

ARTICLE 5 ASSOCIATION SECURITY

5:01 All employees within the bargaining unit shall become andremain members in good standing of the Union as acondition of employment. Any new employees within thescope of the bargaining unit shall as a condition of



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6:02 The Employer agrees that when issuing T-4 slips theamount of membership dues paid by an employee to theAssociation during the current year wil l be recorded onhis/her T-4 statement.

6:03 The Association shall inform the Employer of the authorizeddeductions to be made.

ARTICLE 7 CORRESPONDENCE

7:01 All correspondence between the partie s arising out of thisAgreement or incidental thereto shall pass to and from theRecreation Director and the President of the Associationand a copy to the Chief Shop Steward.

ARTICLE 8 GRIEVANCE PROCEDURE

8:01 Definit ion of Grievance

A grievance shall be defined as a dispute arising out of theinterpretation, application or alleged violation of theCollective Agreement.

8:02 Prompt Procedure

In order to provide an orderly and speedy procedure for thesettl ing of grievances, the Employer acknowledges therights and duties of the Association Stewards to assist anyemployee in preparing and presenting his/her grievance inaccordance with the Grievance Procedure.

8:03 Shop Stewards

The Employer acknowledges the right of the Association toappoint or elect one (1) Shop Steward.

8:04 Names of Stewards

The Association shall notify the Employer in writ ing of thename of the Steward before the Employer shall be requiredto recognize him/her.

8:05 Processing of Grievances



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Shop Stewards shall suffer no loss in pay for the time spentprocessing grievances or attending meetings with theEmployer's representatives.

8:06 Permission to Leave Work

It is agreed that Shop Stewards wil l not absent themselves

from their work location for the purpose of handlinggrievances without f irst obtaining permission of the ShopSteward's Supervisor and that permission wil l not beunreasonably withheld.

8:07 Settl ing of Grievances

An earnest effort shall be made to settle grievances fair lyand promptly in the following manner:

Step 1 The aggrieved employee shall, within f ive (5) working daysafter becoming aware of the occurrence of the grievance,together with his/her Shop steward bring the grievance tothe attention of his/her Supervisor. Every reas onable effortshall be made to resolve the grievance at this Step.

Step 2 Should Step 1 fail to satisfy the aggrieved employee, thenhe/she has an additional ten (10) days from the date ofreceipt of the decision at Step 1 to submit the grievance inwrit ing to the Recreation Director, who shall within ten (10)days of receipt of the grievance at Step II, for the purposeof investigating the grievance, shall form a Committeeconsisting of two (2) representatives of the Union, to beappointed by the Union, and two (2) representatives of theEmployer, to be appointed by the Employer. The names ofthe Committee members of the Grievance Committee shallbe appointed within ten (10) days of the receipt of thegrievance by the Recreation Director. The GrievanceCommittee shall meet and shall give its decision within ten(10) days of the date of the Committee meeting. If thematter is not mutually resolved by the Committee, then theEmployer representatives wil l send their decision with abrief summary of the Comm i t tee’s deliberations to thegrievor, with a copy being sent to the Union.

Step 3 If the grievance is sti l l not satisfactori ly settled by theforegoing procedure under Step 2, either party to this



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agreement may submit the grievance to arbitration withinfourteen (14) calendar days in accordance with Article 9.

8:08 Time Limits

Notwithstanding any other provisions of this Article, t imelimits f ixed by this Article shall be considered mandatory.

Failure to meet same by the Association shall be fatal tothe grievance. If the Employer fails to meet the time l imitsso fixed by this Article, then the grievance shall be deemedto be upheld and the redress sought implemented.

8:09 Policy Grievance

Where a dispute arises involving a question of generalapplication or interpretation of this Agreement, theAssociation may init iate a grievance and shall commence atStep 2.

8:10 Association May Institute Grievance

The Association and its representatives shall have the rightto originate a grievance on behalf of an employee or groupof employees and to seek adjustment with the Employer inthe manner provided in the Grievance Procedure. Such agrievance shall commence at Step 2.

8:11 Replies in Writ ing

Replies to grievances stating reasons shall be in writ ing atall Steps, except Step 1.

8:12 Facil i t ies for Grievance Meetings

The Employer shall supply the necessary facil i t ies for thegrievance meeting provided it can be accommodated on theEmployer's premises.

8:13 Mutually Agreed Changes

Any mutually agreed changes to this Collective Agreementmade in accordance with Clause 32:01 shall form part ofthis Collective Agreement and are subject to the Grievanceand Arbitration Procedures.

8:14 Technical Objection to Grievances



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No grievance shall be defeated or denied by a technicalobjection occasioned by a clerical, typographical or similartechnical error or by the inadvertent omission of a step inthe Grievance Procedure.

8:15 In the case of discipline, dismissal, and suspensionspending dismissal, the grievance may be submitted in the

first instance at Step 2 of Clause 8:07.

8:16 A full-t ime representative of the Union may be called in bythe employee(s) at any Step of the Grievance Procedure.The grievor may be present during all steps of theGrievance Procedure.

8:17 Employees shall have the right to grieve againstsuspensions, and alleged unfair treatment on promotions ortransfer and such grievances may be submitted in the firstinstance at Step 2 of Clause 8:07.

8:18 An employee who is a member of the Grievance Committeereferred to under Step 2 of Clause 8:07 and/or grievor shallnot suffer any loss of pay for any time lost in processingcomplaints or attending grievance meetings.

8:19 Failure to Settle Grievance

(a) Where the grievance procedure has failed to settlethe grievance, the parties may elect to have thematter referred to grievance mediation process of theDepartment of Labour prior to electing to proceed toarbitration as outl ined in Clause 8:07, Step 3. IF themediation process fails to resolve the issue, eitherparty may then refer the matter to arbitration inaccordance with Article 9.

(b) Where a grievance is submitted to mediation, suchsubmission shall not in any way affect the time l imitsor any other provision of the Arbitration Procedure.

ARTICLE 9 ARBITRATION

9:01 Notif ication of Arbitration

When either party requests that a grievan ce be submitted toarbitration, the request shall be made by registered orcertif ied mail addressed to the other party of the Agree-



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ment. The request shall include a suggested name to actas sole Arbitrator in the dispute.

9:02 Failure to Agree

If the parties fail to agree on an acceptable Arbitrator, theMinister of Labour shall appoint an Arbitrator upon therequest of either party.

9:03 Arbitration

The Arbitrator shall determine his/her own procedure, butshall give full opportunity to all parties to present evidenceand make representations. In his/her attempts at justice,the Arbitrator shall, as much as possible, fol low a layman'sprocedure and shall avoid legalistic or formal procedures.He/she shall hear and determine the difference or allega-tion and render a decision within thirty (30) days from thetime of appointment.

9:04 Decision of the Arbitrator

The decision of the Arbitrator shall be final, binding andenforceable on all parties and may not be changed. TheArbitrator shall not have the power to change thisAgreement or to alter, modify or amend any of its pro-visions. However, the Arbitrator shall have the power todispose of a grievance by any arrangement which he/shedeems just and equitable.

9:05 Disagreement on Decision

Should the parties disagree as to the meaning of theArbitrator's decision, either party may apply to theArbitrator to clarify the decision which he/she shall dowithin ten (10) days.

9:06 Expenses of the Arbitrator

Each party shall pay one-half (1/2) of the fees andexpenses of the Arbitrator.

9:07 Amending of Time Limits

The time l imits f ixed in both the Grievance and ArbitrationProcedures may be extended by mutual agreement betweenthe parties.

9:08 Witnesses



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The Committee shall meet at least once each month at amutually agreeable time and place. The monthly meetingmay be cancelled or rescheduled by mutual consent.Employees shall not suffer any loss of pay for the timespent with this Committee.

10:04 Chairperson of the Meeting

The meetings of the Committee shall be chaired by theEmployer's representative and the Vice Chairperson wil l beselected by the Association.

10:05 Minutes of Meeting

Minutes of each meeting of the Committee shall beprepared and signed by the Chairperson and ViceChairperson as promptly as possible after the close of themeeting. The Chairperson and Vice Chairperson shall eachreceive four (4) copies of the minutes within three (3) daysfollowing the meeting.

10:06 Jurisdiction of Committee

The Committee shall not supersede the activit ies of anyother Committee of the Association or of the Employer anddoes not have the power to bind either the Association orits members or the Employer to any decisions orconclusions reached in its discussions. The Committeeshall have the power to make recommendations to theAssociation and the Employer with respect to itsdiscussions and conclusions.

ARTICLE 11 STATE OF EMERGENCY DUE TO WEATHER CONDITIONS

11:01 Adverse Weather Conditions

The following provisions shall apply to employees duringadverse weather conditions necessitating a state ofemergency declared by either the Employer or theappropriate provincial or municipal authority:

(a) All employees are required to report to work unlessotherwise instructed not to do so by the Employer.

(b) When an employee through no fault of his/her own isunable to report to work because of a declared stateof emergency or adverse weather, such employees



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shall suffer no loss of pay or other benefits nor shallhe/she be required to make up, in any way, for t imelost due to not reporting for work.

(c) Notwithstanding 11:01 (a) above, the Employerreserves the right to close down or reduce staffinglevels in any department(s), in which event employees

so affected wil l not be required to report for duty andshall be paid in accordance with the terms of 11:01(b) above.

(d) For the purpose of this Article, the Employer isdefined as the Recreation Director or his/herdesignated representative at the Grand BankRecreation Commission.

11:02 If employees are sent home by the Employer, they shall notbe required to compensate the Employer for such time lost.

ARTICLE 12 PROBATION, DISCHARGE, SUSPENSION AND DISCI-PLINE

12:01 (a) Probationary Period

The probationary period shall be twelve (12) weeksfor permanent full t ime employees or four hundredand eighty (480) hours for temporary or part-t imeemployees.

(b) Discharge Procedure

The Employer has and has had the right to disciplineand discharge employees for just cause. However,any employee who is past the probationary period andclaims to have been unjustly disciplined, dischargedor suspended shall have the right to be heard inaccordance with the Grievance Procedure under thisAgreement. Any employee who is disciplined ,discharged or suspended shall be provided withwritten notif ication within f ive (5) working days of theincident. Such written notif ication shall state thereason for discipline, discharge or suspension.



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correspondence, but as fi les are checked for variousreasons, any such reprimands, warnings, etc., wil l beremoved as agreed to under this Article. An employee whohas been granted access to his/her f i le and comes uponsuch a document has the right to require the Employer tohave it removed.)

12:05 Personal FilesThere shall be one (1) off icial personal f i le which shallcontain all adverse reports and records of disciplinaryaction and this f i le shall be maintained in the RecreationCommission Office. An employee shall at any reasonabletime be allowed to inspect his/her personal f i le and shall beaccompanied by a representative of the Employer and maybe accompanied by a representative of the Association, ifhe/she so desires.

A copy of any document placed on an employee’s officialpersonal f i le which might at any time be the basis ofdisciplinary action, shall be supplied concurrently to theemployee who shall acknowledge having received suchdocument by signing the fi le copy.

12:06 May Omit Grievance Steps

An employee considered by the Association to bewrongfully or unjustly discharged or suspended or subjectto disciplinary action, shall be entit led to a hearing underArticle 8, Grievance Procedure. Step 1 of the GrievanceProcedure shall be omitted in cases of suspension ordischarge.

12:07 Right to be Represented

An employee who is required to attend a meeting withEmployer representatives dealing with warnings, adversereports, investigations involving employees or others,suspensions or discharge, shall be advised that he/she hasa right to be accompanied by a Union representative.

ARTICLE 13 SENIORITY

13:01 Seniority Defined

Seniority is defined as length of service in accumulatedhours of work (regular hours) with the Employer and shalldate from the original date of hire by the Employer.



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by other just cause. It shall be the responsibil i ty ofthe employee to keep the Recreation Directorinformed in writ ing of his/her current address. Anemployee who is recalled for casual work oremployment at a t ime when he/she has employmentwhich wil l continue for a greater duration than therecall period shall not lose his/her recall r ights for

refusal or fai lure to return to work with the Employerfor the duration of the recall period. Upon receipt ofnotice of recall, the employee shall, within one (1)working day, notify the Recreation Director whether ornot he/she wil l return to work.

(e) he/she is laid off or on leave without pay for a periodlonger than twenty-four (24) months.

(f) Part-t ime and temporary employees are to notify theRecreation Director in writ ing of t imes that he/she isavailable for work a week prior to the start of a set oflessons (set of lessons three (3) to four (4) weekperiod). If there is no new notif ication given, theemployee's availabil i ty has not changed.

13:05 Transfers and Seniority Outside the Bargain ing Unit

No employee shall be transferred to a posit ion outside thebargaining unit without his/her consent. If an employee istransferred to a posit ion outside the bargaining unit, he/sheshall retain his/her seniority accumulated up to the date ofleaving the unit, but wil l not accumulate any furtherseniority while outside the unit.

An employee permanently transferred outside thebargaining unit shall lose all seniority in the bargaining unit.

ARTICLE 14 PROMOTIONS AND STAFF CHANGES

14:01 Job Postings

When a vacancy occurs or a new position is created insidethe bargaining unit, the Employer shall post a notice of theposition in accessible places in the Employer's premises fora period of not less than seven (7) calendar days. Copiesof all postings are to be supplied concurrently to the ChiefShop Steward.

14:02 Information on Posting



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For vacancies or new positions inside the bargaining unitsuch notices shall contain the following information: t i t le ofposit ion, qualif ications, required knowledge and education,skil ls, wage or salary rate or range, and whether shift workcould be involved. Such qualif ications may not beestablished in an arbitrary or discriminatory manner. All job

postings shall state "This posit ion is open to male andfemale applicants".

14:03 Procedure for Fil l ing Vacancies

No position wil l be fi l led from outside the bargaining unitunti l the applications of present employees have been fullyprocessed.

14:04 Role of Seniority in Promotions and Transfers

Both parties recognize:

(a) the principle of promotion within the service of theEmployer;

(b) that job opportunity should increase in proportion tolength of service.

Therefore, when a vacancy occurs in an establ ishedposition within the bargaining unit or when a new position iscreated within the bargaining unit, employees who apply forthe posit ion or promotion or transfer shall be givenpreference on a seniority basis for f i l l ing such vacancy,provided that the applicant's qualif ications meet therequired standards for the new position as advertised in the

job posting.

14:05 Trial Period

The successful applicant shall assume his/her new dutieson a tr ial basis for three (3) month. The Employer shallconfirm the employee's appointment after the tr ial period ofthree (3) months unless the Employer deems theemployee's service unsatisfactory. In the event that thesuccessful applicant proves unsatisfactory in the posit ionduring the tr ial period or if the employee is unable toperform the duties of the new job classif ication, he/sheshall be returned to his/her former posit ion, wage or salaryrate, if not redundant and if redundant, then to acomparable posit ion, wage or salary rate of his/her former



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14:10 Safe and Early Return to Work Program

The purpose of the Early and Safe Return to Work (ESRTW)program, is to provide fair and consistent practices foraccommodating employees who have been injured, or havesustained a permanent disabil i ty, to enable their early andsafe return to work.

(a) The Employer, therefore, undertakes to provide safegainful and meaningful employment for employeeswho have permanent and/or temporary disabil i t ies.The main focus wil l be to return the employee to theirpre-injury employment and to accommodate the needsof that employee unless to do so would cause undohardship on the parties. The Safe and Early Return toWork Procedure shall be carried out in accordancewith all applicable legislation and the terms of thisCollective Agreement.

14:11 Procedure

Every employee shall be re-employed following injury ori l lness if the employee is capable of performing theessential duties of the pre-injury/i l lness job or any othersuitable/available suitable work.

(a) For the purposes of this Clause,(i) Essential duties shall be the “dut ies necessary

to produce the job outcome” and that not allduties of the work assignment are essentialduties.

(i i) Suitable work shall be “work that the employeehas the necessary skil ls to perform; wil l notpose a health and safety risk to the employee,co-workers or others, and is meaningful andproductive”.

(b) The Employer agrees to accommodate the work orworkplace to the needs of the disabled employee inorder to facil i tate an early and safe return to work tothe employee’s pre- injury employment or othersuitable/available suitable work.

Accommodation of the employee’s pre - injury work orworkplace may include such things as modifications tothe job or workstation, re-organization of the work,providing technical aides, so that the essential duties



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of the pre-injury assignment or alternativeemployment within the employee’s workplace can beperformed.

(c) If an employee’s pre - injury work cannot beaccommodated so that the employee can perform theessential duties of that assignment, then the

employee wil l be offered alternative suitable/availablework. Every attempt wil l be made to offer alternativework that is comparable in nature to the pre-injuryemployment.

(d) Every employee participating in this program wil l bepaid at the applicable rate for the accommodated job.

(e) All accommodations must be outl ined in writ ing andprovided to all parties regardless if theaccommodation is temporary or permanent.

ARTICLE 15 LAYOFF AND RECALL

15:01 Role of Seniority in Layoff

Both parties recognize that job security shall increase inproportion to length of service. Therefore, in the event of alayoff, employees shall be laid off in reverse order of theirseniority provided that those employees being retained arequalif ied to perform the work required. In any event, a laidoff employee shall have the right to bump a junioremployee.

15:02 Recall Procedure

Employees shall be recalled in order of seniority providedthat those employees being recalled are qualif ied toperform the work required.

15:03 No New Employees

No new employees shall be hired unti l those laid off havebeen given an opportunity of recall, provided that thoserecalled are qualif ied to perform the work required.

15:04 Advance Notice of Layoff

Except where legislation is more favourable to anemployee, the Employer shall notify permanent full t ime



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employees who are to be laid off no less than twenty-one(21) calendar days prior to the effective date of layoff. Allother classes of employees shall be given fourteen (14)calendar days notice to the effective date of layoff. Ifthrough no fault of his/her own the employee has not hadan opportunity to work the days of notice as provided in theClause, he/she shall be paid wages or salaries, exclusive of

overtime, he/she would have earned during the noticeperiod.

ARTICLE 16 HOURS OF WORK

16:01 (a) The scheduled work week shall be forty (40) hours perweek, Sunday through Saturday, for the AquaticSupervisor. The scheduled work day wil l not ex ceedeight (8) hours per day. The normal hours of work wil lbe 8:00 a.m. to 5:00 p.m. and wil l only be changedwith mutual agreement between the AquaticSupervisor and the Director of the RecreationCommission.

(b) Over a seven (7) day period, the Employer wil lattempt to provide forty (40) hours of work for ChiefLife Guard/Instructor, subject to the availabil i ty ofhours and mutual agreement between the RecreationDirector and the Chief Life Guard/Instructor. Thescheduled work day wil l not exceed eight (8) hoursper day. Clauses 16:03 and 17:01 wil l be amended ifmutual agreement exists, to reflect overtime aftereight (8) hours per day or forty (40) ho urs weekly.

(c) Where an employee is required to work less than afull eight (8) hour day, the employee wil l becompensated for all t ime worked to the next nearestfifteen (15) minutes.

16:02 Employees shall be permitted two (2) f i fteen (15) minuterest periods per shift, one fifteen (15) minute period in thefirst four (4) hours and two (2) f i fteen (15) minute periodsper full shift.

16:03 Permanent employees shall be guaranteed two (2) days offevery week, with these days off being consecutive everyother week.

16:04 Part-t ime employees shall be offered equiva lent ful l t imehours before hiring any new employees if the employee is



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ARTICLE 17 OVERTIME

17:01 Definit ion of Overtime

(a) Full Time Employee

All t ime worked by a full t ime employee before or

after his/her regularly scheduled daily or weekly hoursin excess of eight (8) hours per day or forty (40)hours per week shall be considered overtime.

(b) Part-t ime Employees

All t ime worked by a part-t ime employee in excess ofeight (8) hours per day or forty (40) hours per weekshall be considered overtime.

(c) Approval of Overtime

All overtime is subject to the prior approval of theRecreation Director or his/her representativedesignated for the place of work where the overtime isto be worked.

17:02 Normal Overtime Rate

(a) The normal overtime rate shall be either pay or t imeoff at the rate of t ime and one -half (1 1/2).

(b) Instead of cash payment of overtime, an employeemay choose to receive time off at the appropriateovertime rate at a date to be mutually agreed betweenthe employee and the Recreation Director or his/herdesignated representative. The employee's decisionto receive time off must be conveyed to theRecreation Director or his/her designated representa-tive within seventy-two (72) hours of the conclusion ofthe overtime.

17:03 Meal Periods

An employee recalled to work during his/her meal periodshall be paid double time for all t ime worked during themeal period to a maximum of two (2) hours of pay.



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17:04 Sharing of Overtime

Overtime and callback shall be offered according to thefollowing schedule:

(a) The employee signs the overtime board on a dailybasis indicating his/her desire to work overtime.

(b) The employee with the least overtime Year to Date(YTD) wil l be the first asked, if he/she has signed theovertime board and if he/she is qualif ied to performthe available work.

(c) The Employer shall ask all employees who signed theovertime board unti l the sufficient number required towork has been asked.

(d) The employee who signs the overtime board but whenasked to work refuses, wil l be credited the hours thesame as if he/she had worked.

(e) If no qualif ied employee signs the overtime board, theEmployer reserves the right to call other peoplequalif ied to do the work.

(f) Only those employees who sign the overtime boardhas the right to grieve a violation of t his Clause.

17:05 Callback

Permanent employees who are called back to work outsidetheir normal working hours sha ll be paid a minimum of three(3) hours at the applicable overtime rate.

17:06 Compensation for Work on Paid Holidays

If an employee is required to work on a paid holiday aslisted in Clause 18:01 he/she shall be paid in addition tohis/her regular pay time and one-half (1 1/2) for each hourworked.

17:07 No Layoff to Compensate for Overtime

An employee shall not be laid off during regular hours toequalize any overtime worked.



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17:08 Calculating of Overtime Rates

An employee who is absent on approved time off duringhis/her scheduled work week because of sickness,bereavement, holidays, vacation or other approved leave ofabsence shall, for the purpose of computing overtime pay,be considered as if he/she had worked during his/her

regular hours during such absence.

17:09 Overtime on an Employee's Day Off

An employee who works on his/her days off shall be paidtime and one-half (1 1/2) for the first day of rest and doubletime (2) for the second day of rest.

17:10 Standby

(a) An employee required to perform standby duty shallbe paid eight dollars ($8) for each eight (8) hour shiftof standby.

(b) When standby is required on a statutory holiday therate of compensation shall be ten dollars ($10) foreach eight (8) hour shift of standby.

(c) No compensation shall be granted for the total periodof standby duty if the employee does not report forwork when required.

(d) On-call duty shall be equally divided among thequalif ied employees.

ARTICLE 18 HOLIDAYS

18:01 Paid Holidays

Employees shall receive one (1) day paid leave for each ofthe fourteen (14) holidays as follows:

(a) New Year's Day(b) St. Patrick's Day(c) Good Friday(d) St. George's Day(e) Commonwealth Day(f) Discovery Day(g) Memorial Day(h) Orangeman's Day



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( i) Regatta Day (or Civic Holiday)(j) Labour Day(k) Thanksgiving Day(l) Armistice Day(m) Christmas Day(n) Boxing Day

And any other day designated as a holiday by the ProvincialGovernment.

18:02 Compensation for Holidays Fall ing on Scheduled Days Off

When any of the aforementioned paid holidays fall on theemployee's scheduled day off, the employee shall receiveanother day off with pay to be taken within sixty (60) daysand on a mutually agreed date. If such time off cannot betaken within sixty (60) days, the employee wil l be paid one(1) day's regular pay in l ieu of t ime of f.

18:03 Paid Holiday During Leave

If an employee is sick on the day that the paid holiday isdesignated, the employee shall be charged for the paidholiday and there shall be no reduction from the employee'ssick leave.

ARTICLE 19 ANNUAL VACATION

19:01 Vacation Pay

* (a) Vacation pay wil l be paid to each employee inaccordance with the scale hereto:

Less than one (1) year 4%One (1) year up to seven (7) years 6%Eight (8) years up to f ifteen (15) years 8%Sixteen (16) years and over 10%

The following provisions respecting annual leave shallapply:

(b) No annual leave may be taken by an employee unti lhe/she has not less than sixty (60) days of serviceprior to taking leave.

(c) When an employee has had not less than sixty (60)days of service, he/she may anticipate annual leave



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to the end of the period of his/her authorizedemployment or to the end of the year concerned,whichever is the shorter period.

(d) When an employee becomes eligible for a greateramount of annual leave he/she may be allowed in theyear in which the change occurs, a portion of the

additional leave for which he/she has become eligiblebased on the ratio of the unexpired portion of the yearto twelve (12) months computed to full working days.

(e) ( i) Part-t ime employees working more than fiftypercent (50%) of the scheduled weekly hours ofwork shall be entit led to annual leave inaccordance with this Article on a pro-rata basis.

(i i) Chief Instructor and Assistant Chief Instructorworking thirty (30) or more hours per week shallbe entit led to full annual leave in accordancewith this Article.

19:02 For the purpose of this Article, an employee who is paid fullsalary or wages in respect of not less than one-half (1/2) ofthe days in the first or last calendar month of his/herservice shall, in each case, be deemed to have had a monthof service.

19:03 Annual leave shall not be taken except with the priorapproval of the Recreation Director. However, subject tothe operational requirements of the RecreationCommission, the Recreation Director shall make everyreasonable effort to grant the employee his/her annualleave at a t ime requested by the employee.

19:04 Subject to the requirements of the Recreation Commission,the Recreation Director wil l make every reasonable effortnot to recall an employee to duty after he/she hasproceeded on annual leave.

19:05 An employee may carry forward to another year any portionof annual leave not taken by him/her in previous years up toa maximum of (5) days.

19:06 (a) An employee who becomes i l l while on annual leavemay change the status of his/her leave to sick leaveeffective the date of notif ication to the Employer. Adoctor's certif icate of proof wil l be required in all suchcases.



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(b) In the case of an employee who is admitted tohospital while on annual leave, he/she may changethe status of his/her leave to sick leave with effectfrom the date he/she was admitted to hospital. Adoctor's certif icate of proof wil l be required in all suchcases.

19:07 For the purpose of this Article, employees who are re-employed by the Employer after layoff or termination of lessthan twenty-four (24) months, except in the case ofdismissal for just cause, may have service prior to layoff ortermination credited to them for annual leave purposes.

Upon layoff, an employee who has annual leave remainingmay either take pay in l ieu of or carry forward any unusedvacation to the end of th e year.

ARTICLE 20 SICK LEAVE

20:01 Sick Leave Defined

Sick leave means a period of t ime that an employee hasbeen permitted to be absent from work without loss of payby virtue of being sick, disabled, quarantined or because ofan accident for which compensation is not payable underthe Workers' Compensation Act.

20:02 Paid Sick Leave

(a) An employee is eligible to accumulate sick leave withfull pay at a rate of two (2) days for each month ofservice up to a maximum of two hundred (200) days.

(b) Part-t ime employees wil l accumulate sick leave withfullpayonapro-rata



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basisand

theleavewillberecordedinhoursuptoamaximumofonethousan



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ourspermo

nthofserviceandthepro-ratacalculationwillberoundeduptothene



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(15) days, an extension of sick leave to a maximum offifteen (15) working days. This sick leave extensionshall be repaid by the employee upon his/her return toduty with the Employer from his/her existing or his/herafter acquired normal monthly accumulation of sickleave.

(b) When an employee has used the maximum of sickleave which may be awarded to him/her in accordancewith this Agreement, he/she may elect if he/she is sti l lunfit to return to duty, to proceed on annual leaveincluding current and accumulated leave if he/she iseligible to receive such leave and if not, on specialleave without pay. Medical certif icates shall be sub-mitted as required by the Employer.

20:07 Sick Leave Records

In January of each year the Employer shall advise eachemployee of the amount of sick leave accrued to his/hercredit and the number of days of sick leave taken byhim/her up to and including the previous 31st day ofDecember.

20:08 Injury on Duty

An employee who is injured during working hours and iseither required to leave for treatment or sent home for suchinjury shall receive payment for the remainder of the shift orwork day at his/her regular rate of pay without deductionfrom sick leave.

20:09 Sick Leave During Special Leave Without Pay

An employee on special leave without pay in excess oftwenty (20) days in total in the calendar year shall notaccumulate sick leave during such period of special leavewithout pay.

20:10 Sick Leave Credits for the Last Month of Employment

For the purpose of this Article, an employee who receivedfull salary or wages in respect of f i fty percent (50%) ormore of the working days in the first or last calendar monthof his/her service computed in full or one-half days shall bedeemed to have a month of service.

20:11 Notice to Employer of I l lness



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(a) All employees scheduled to start work in the beforenoon are required to give one (1) hour notice bycall ing the Aquatic Supervisor or the RecreationDirector.

(b) All employees scheduled to start work after 12:00

noon are required to give at least three (3) hours'notice by call ing the Aquatic Supervisor or theRecreation Director.



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(c) Failure to provide adequate notice may result in theemployee being disqualif ied for sick leave benefits.

ARTICLE 21 LEAVE OF ABSENCE

21:01 Negotiation Pay Provision

Representatives of the Association not to exceed one (1)employee. The employee shall not suffer any loss of pay orbenefits when required to leave their employmenttemporari ly in order to carry on or to take part innegotiation meetings between the Association and theEmployer.

21:02 Grievance and Arbitration Pay Provision

Representatives of the Union shall not suffer any loss ofpay or benefits when required to leave their employmenttemporari ly in connection with the Grievance or ArbitrationProcedure.

21:03 Leave of Absence for Association Business

(a) Upon written request by the Association to theRecreation Director leave of absence with pay andwithout loss of benefits shall be granted by theRecreation Director to employees elected orappointed to represent the Association at Associationfunctions, including the functions l isted in paragraph(b) hereof, up to a l imit of a total of f ive (5) workingdays per year accumulated for the entire bargainingunit. On reasonable notice to the Recreation Directoran additional ten (10) days shall be granted withoutpay and without loss of seniority if the above numberof days proves to be insufficient for such Associationfunctions. Leave of absence without pay shall begranted to the Executive and/or Shop Steward toattend Executive and Committee meetings of theAssociation, its aff i l iated or chartered bodies.

(b) Association functions shall include the BiennialConvention of the Newfoundland Association of PublicEmployees, the Component Convention of theNewfoundland Association of Public Employees, theConvention of the Newfoundland and LabradorFederation of Labour, the Convention of the CanadianLabour Congress, the Convention of the National



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expected date of delivery and the employee shall begranted such leave in accordance with this Article.

(b) An employee is entit led to a maximum of f i fty-two (52)weeks’ leave under this Clause. However, theEmployer may grant special leave without pay whenthe employee is unable to return to duty after the

expiration of this leave.

(c) An employee may return to duty after giving theRecreation Director two (2) weeks’ notice of his/her intention to do so.

(d) The employee shall resume his/her former posit ionand salary upon return from leave, with no loss ofaccrued benefits.

(e) Periods of leave under this Article shall count forannual leave, sick leave, severance pay and seniority.

(f) Employees on leave under this Article wil l have theoption of continuing to pay their portion of the GroupInsurance Plan Premiums. Where the employee optsto continue to pay premiums, the employee wil l payboth shares of the premiums.

(g) I l lness Associated with Pregnancy

An employee may be awarded sick leave for i l lnessthat is the result of or may be associated withpregnancy if credits are available.

(h) An employee on leave under this Article may return towork after giving two (2) weeks’ notice of his/her intention to return.

(i) While on leave under this Article, employees mayrequest copies of job postings to be forwarded tothem.

(j) Maternity/Adoption/Parental leave shall be defined asa period where an employee can demonstrate he/shewas on leave related to the birth of a child or theadoption of a child.

21:07 Paid Jury or Court Witness



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The Employer shall grant leave of absence without loss ofpay, seniority or accumulated benefits to an employee whoserves as a juror or witness in any Court. The employeewil l present proof of service that he/she attended as a juroror witness. Any remuneration the employee receives fromthe Courts wil l be over and above his/her pay and benefitsfrom the Employer.

21:08 Education Leave

An employee who is upgrading his/her employmentqualif ications through an Employer approved upgradingcourse shall be entit led to leave of absence without loss ofpay and benefits to write examinations required by suchcourse.

21:09 General Leave

With the approval of the Employer, an employee may begranted leave of absence without pay and without loss ofseniority in exceptional circumstances, provided that theemployee has no current or accumulated annual leaveavailable to him.

21:10 (a) Extended Unpaid Leave

Upon written request a permanent employee who hascompleted two (2) years of service shall be grantedleave to a maximum of twelve (12) months without payor seniority and without loss of accumulated seniorityand benefits provided that such leave shall not causean unreasonable interference with the Employer’soperation. An employee shall be entit led up to amaximum of twelve (12) months unpaid leave for eachtwo (2) years of service with the understanding thatno employee can have more than twelve (12)consecutive months of unpaid leave at any one time.Employees shall not be subject to any benefits of thisAgreement during this period. The minimum amountof unpaid leave an employee may request under thisClause is eight (8) weeks.

(b) An employee may return to duty after giving theRecreational Director three (3) week’s notice of his/her intention to do so.



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21:11 Family Leave

(a) Subject to Clause 21:12 (b), (c) and (d) an employeewho is required to:

(i) attend to the temporary care of a sick familymember l iving in the same household;

(i i) attend to the needs relating to the birth of anemployee's child;

(i i i) accompany a dependent family member l iving inthe same household on a dental or medicalappointment;

(iv) attend meetings with School authorit ies;

(v) attend to the needs relating to the adoption of achild;

(vi) attend to the needs related to home or familyemergencies;

shall be awarded up to three (3) days' paid familyleave in any calendar year.

(b) In order to qualify for family leave the employee shall:

( i) provide as much notice to the Employer asreasonably possible;

(i i) provide to the Employer valid reasons why suchleave is required; and

(i i i) where appropriate and in particular with respectto (i i i), ( iv) and (v) of 21:13 (a) haveendeavoured to a reasonable extent to schedulesuch events during off duty hours.

(c) Employees shall not be permitted to change any otherleave to family leave but shall be entit led to changefamily leave to bereavement leave or sick leave.

(d) Temporary employe es shall receive family leave on apro-rated basis provided he/she has worked at leastthree (3) days in the work week.



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(e.g. Full t ime employee - three (3) days - twenty-four (24) hours. Temporary employees wil l receiveX/40 X 24 hours of the actual hours worked.)

21.12 Compassionate Leave

(a) Employees are entit led to compassionate care

benefits under this Article to provide care or supportto an i l l family member who needs care or supportand is at signif icant r isk of death within twenty-six(26) weeks.

(b) An employee is entit led to a maximum of eight (8)weeks leave under this Clause.

(c) An employee may return to duty after giving his/herEmployer two (2) weeks’ notice of his/her intention todo so.

(d) The employee shall resume his/her former posit ionand salary upon return from leave with no loss ofaccrued benefits.

(e) Periods of leave under this Clause shall count forseniority, and shall not be considered a break inservice for the purpose of severance pay.

(f) For the purpose of this Clause, a family member shallbe defined as:

(i) your child or the child of your spouse or common -lawpartner;

(i i) your wife/husband or common law partner;

(i i i) your father/mother;

(iv) your father’s wife/mother’s husband;

ARTICLE 22 PAYMENT OF WAGES AND ALLOWANCES

22:01 (a) Employees shall receive their pay cheques weekly.Payroll is to be every Thursday.

The Employer agrees to investigate Electronic Depositfor employees who wish to avail of such services andshall report in writ ing to the Union within three (3)



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months of signing of this Agreement the decision as aresult of such investigation.

(b) Employees shall receive an itemized statement ofhis/her wages, overtime and other supplementary payand deductions. On same statement shall showcumulative straight t ime hours worked and cumulative

pay, year to date.

22:02 Pay On Temporary Transfers, Higher Rated Job

(a) An employee required to f i l l temporari ly a posit ion forwhich is paid a higher rate of salary than that paid forthe employee's regular agreed work shall receive therate of pay for the posit ion fi l led. This wil l apply onlyto the extent that the employee fi l ls this posit ion for aminimum of two (2) of his/her normal work days.

(b) An employee required to f i l l a posit ion for which ispaid a lower rate of salary than that paid for suchemployee's regular work shall not receive anyreduction in pay for reason thereof.

22:03 Vacation Pay

An employee with more than one (1) year of service or anemployee who has earned at least two (2) weeks' vacationupon giving at least two (2) weeks' notice prior to the payday preceding the office day on which he/she wishes toreceive his/her advance payment, shall receive prior tocommencement of his/her annual vacation any regular paycheque(s) which may fall due during his/her vacation.

22:04 Transportation

(a) When, in the course of his/her duty, an employee isrequired by the Employer to travel on the Employer’sbusiness, transportation shall be provided by theEmployer or the Employer may require the use of theemployee’s own vehicle with reimbursement at thefol lowing rate: Effective January 1, 2001, thirty-onepoint f ive cents (31.5¢) per ki lometer. An employeeshall not, except with the prior written approval of theRecreation Director, be entit led to reimbursement fortransportation from his/her residence to his/her workplace or vice versa. Employees have the right torefuse to uti l ize their own vehicles for the Employer’sbusiness.



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(b) Payment for the use of private vehicles on theEmployer's business shall be l imited to the mileagerate specified herein. The Employer assumes noliabil i ty for damage or other expenses arising as aresult of the use of private vehicles.

(c) A monthly gas allowance of forty dollars ($40.00) permonth wil l be paid to the Aquatic Supervisor forincidental travel within the Town. This allowancereplaces any claim for mileage within the Town as perClause 22:04 (a).

22:05 Clothing

The following clothing shall be provided by the Employer onan annual basis:

Aquatic Supervisor

The Employer wil l provide two (2) t-shirts, two (2) pairs ofpants or shorts, one (1) pair of rubber shoes or sneakers,and one (1) pair of steel nosed boots every twelve (12)months of service if required.

Chief Life Guard/Instructor

The Employer wil l provide two (2) T-shirts, two (2) pairs ofshorts, two (2) swim suits and one (1) pair of deck shoesevery twelve (12) months of service if required.

Any additional clothing purchased by the employee must beof the same colors as per ou r pool colors.

Part-Time and Temporary Employees

The Employer wil l provide one (1) T-shirt, one (1) pair ofshorts and one (1) swim suit every six (6) months of serviceor 1040 hours if required. One (1) pair of deck shoes willbe provided on a fifty/f i fty (50/50) cost share basis if theemployee works more than 1040 hours per year.

Any additional clothing purchased by the employee must beof the same colors as per ou r pool colors.



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Clothing torn or destroyed by an employee must bereplaced by the employee. Replacement is on a needbasis. The above is considered to be a maximum per year.

Dress code to be followed by all employees as perSwimming Pool Policy.

22:06 The Employer shall pay the cost of all courses required foreach employee as deemed necessary by ProvincialGovernment Standards for operations of Aquatic facil i t ies.Costs shall include registration, exam fees and travel inaccordance to the provisions of Article 31.

ARTICLE 23 STRIKES AND LOCKOUTS

23:01 The Union agrees that during the l i fe of this Agreementthere shall be no strikes. The Employer agrees that thereshall be no lockouts during the term of this Agreement.

ARTICLE 24 TERMINATION OF EMPLOYMENT

24:01 Except in the case of dismissal for just cause twenty -one(21) calendar days' notice in writ ing shall be given topermanent full t ime employees and fourteen (14) calendardays' notice in writ ing shall be given to all other classes ofemployees whose services are to be terminated, providedthat such employees are not hired for a specific t imeperiod. If such notice is not given, the employee shall bepaid wages for the number of days by which the period ofnotice was reduced.

24:02 Permanent full t ime employees shall give the RecreationDirector twenty-one (21) calendar days written notice. Allother classes of employees shall give the RecreationDirector fourteen (14) calendar days' written notice ofintention to terminate employment. If such notice is notgiven, the employee shall have deducted from any moniesowed to him/her the number of days by which the periodwas reduced.

24:03 Annual leave shall not be used as any part of the period ofthe stipulated notices referred to in this Article unlessmutually agreed between the parties hereto.

24:04 The period of notice may be reduced or elim inated bymutual agreement.



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24:05 Upon termination of service an employee shall receive payfor all his/her earned and accrued annual leave not takenby him/her prior to the date of termination of his/herservices, provided however that any indeptedness to theEmployer shall be deducted for such payment.

ARTICLE 25 GROUP INSURANCE

25:01 The Employer shall, within thirty (30) days from the signingof this Agreement, inaugurate a Group Insurance Planacceptable to the Union.

25:02 (a) The Employer wil l pay fifty percent (50%) of thepremiums of the Group Insurance Plan.

(b) When an employee is on extended leave without pay,then the employee may pay the full premium in orderto maintain coverage while on such leave.

(c) A summary of the general provisions and benefits ofthe Plan is to be distributed to all employees and acopy is to be forwarded to the Un ion.

25:03 Workers' Compensation

All employees shall be covered by the Workers'Compensation Act.

During the investigation of the insurable claim, theemployee shall receive pay and benefits at the Workers'Compensation Act rates, and it shall not be deducted fromsick leave unless the claim is rejected by the board. If theclaim is approved, the employee or Workers' Compensationwil l repay the employer for monies paid during the waitingperiod.

ARTICLE 26 PENSION PLAN

26:01 Should the Employer inaugurate a Pension Plan acceptableto the Union, then the Employer wil l contribute fifty percent(50%) of the cost of the Plan.

ARTICLE 27 SEVERANCE PAY



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27:01 (a) When an employee having seniority of nine (9) yearsor more resigns or retires due to i l lness, accident,death or age or is laid off for more than twenty-four(24) months, Council shall pay such employee orhis/her beneficiary a retirement allowance equivalentto f ive (5) days pay for each full year of seniority, butnot exceeding sixty (60) days pay or three thousand

dollars ($3,000), whichever is the lesser. Pay forsuch purpose shall be calculated at the employee’srate of remuneration at the time of his/her resignation,retirement or death and shall be paid in a lump sum,less applicable mandatory deductions.

(b) When calculating retirement allowance entit lement foran employee who has at least nine (9) years’seniority, retirement allowance for less than a fullyear shall be on a pro-rated basis (example: ½ yearequals 2½ days’ pay).

(c) If an employee applies for retirement allowance dueto i l lness or accident, the Employer may require theemployee to undergo a medical examination by adoctor chosen through mutual consent between theEmployer and the employee.

(d) For the purpose of this Article employees on approvedpaid leave of absence shall continue to accumulateseniority.

(e) At the option of the employee, the retirementallowance may be taken either in the form ofretirement leave or through a lump sum payment uponretirement, or can be deferred up to a twelve (12)month period following termination of employment.

(f) Termination of employment to exclude dismissal for just cause.

(g) The above Clause shall apply to all employees.

ARTICLE 28 TECHNOLOGICAL CHANGE

28:01 Advance Notice

Before the introduction of any technological change or newmethod of operation which wil l affect the rights and benefitsof an employee as provided for under this Collective Agree-



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ment, the Recreation Commission wil l notify the Associationof the proposed change.

28:02 Consultation

Meetings wil l be arranged between the RecreationCommission and the Association within twenty-one (21)

days of the Commission's notif ication to the Association forthe purpose of consulting on the effect to result from thechange or to discuss training needs.

28:03 Training Benefits

In the event that the Recreation Commission shouldintroduce new methods or machines which require new orgreater skil ls than those possessed by employees who areemployed in the operation being changed and where suchemployees would otherwise be laid off, then training shallbe provided for employees affected. A reasonable period oftime determined by the Commission shall be allowed foremployees taking such training. Where required, leave forsuch training shall be with pay less any other allowancesprovided for such training by the Commission or otherprograms.

28:04 (a) Where an affected employee elects not to avail oftraining as provided for under Clause 28:03, theCommission agrees that where possible the effect onthe employee of changes contemplated by Clause28:01 wil l be minimized by transfer or re-assignmentwithin the employ of the Commission.

(b) An employee transferred or re-assigne d in accordancewith (a) above wil l have not suffered any reduction inhis/her regular salary unless such employee hasrefused without giving reasons acceptable to theCommission to avail of training in accordance withClause 28:03.

28:05 No New Employees

No new employee(s) wil l be hired by the Commission toreplace any employee(s) affected by the technologicalchange or new method of operation unti l the employee(s)already employed and affected by the change have beennotif ied and allowed an opportunity to retrain in accordancewith Clause 28:03.



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31:01 For each full day on travel status the maximum rateallowable for meals, inclusive of taxes and gratuit ies shallbe as follows:

(a) Thirty-nine dollars ($39) per day:

Breakfast - eight dollars ($8)

Lunch - twelve dollars ($12)Dinner - nineteen dollars ($19)

(b) In areas where the cost of meals is l ikely to exceedthese rates based on the opinion of the RecreationDirector, vouchered expenses may be submitted.

31:02 For travel on the Employer's business for less than one (1)day the appropriate meal allowance shall apply.

31:03 When an employee has been in consecutive overnight travelstatus charges for laundry and valet services (not includingdry cleaning) are reimbursable up to the maximum amountsshown in the following schedule:

No. of ConsecutiveNights on Travel Status Maximum Allowable

Claim 1 - 34 - 78 - 14

15 - 21For each additional night

Nil$5.00$8.00$12.00$4.00

31:04 When an employee has been on overnight travel status fora period of three (3) consecutive days he/she shall bereimbursed for the cost of one (1) three (3) minute callevery second night at the person-to-person rate for eachsuch period on travel status. The charge for this telephonecall may be included on the hotel bil l or if the employeecalls collect, the subsequent telephone bil l showing theappropriate charge shall be submitted with the travel claim.

31:05 An employee required to travel on the Employer's businessshall be deemed to be working for the Employer.

ARTICLE 32 AMENDMENT BY MUTUAL CONSENT



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35:03 Notice of Changes

Either party desiring to propose changes to this Agreementshall within thirty (30) calendar days following receipt orissuance of notice under Clause 35:02 give notice in writ ingto the other party of the changes proposed. Within thirty(30) calendar days of receipt of such proposed changes

both parties are required to enter into negotiations for anew Agreement. Notwithstanding the above, thesedeadlines can be changed by mutual consent.

ARTICLE 36 JOB TITLES

36:01 * Pool workers wil l be identif ied under the followingclassif ications:

(a) Aquatic Supervisor/Chief Lifeguard/Instructor(b) Lifeguard/Instructor

36:02 Employees who are performing the majority of the jobfunctions of a higher classif ication shall be entit led to thepay for the higher classif ication for all t ime worked.

ARTICLE 37 FEDERAL OR PROVINCIAL GOVERNMENT GRANTS

37:01 The Union wil l agree to concur with any and/or all projects whichthe Recreation Commission requests concurrence on duringthe l i fe of this Agreement, providing that such projects donot infringe on any rights or benefits of the bargaining unit.



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SCHEDULE "A"

Classification Present January2011 January

2012 January2013

Aquatic Supervisor/ Chief Lifeguard/ Instructor

14.89 16.52 17.35 18.22

Lifeguard/Instructor 10.06 11.60 12.06 12.54

* Lifeguard/Instructor - 4% increase reflected in the rates above or theminimum wage increase plus 1% (whichever is greater) of the hourly ratefor 2012 and 2013.



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MEMORANDUM OF UNDERSTANDING

As agreed during negotiations, male employees who apply for and receivepermission from Canada Employment and Immigration to avail of the ten(10) week additional U.I.C. paternity benefit shall be granted special leave

without pay under the terms of Clause 21:10.

Grand Bank Recreation Newfoundland and LabradorCommission Association of Public and

Private Employees



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Memorandum of Understanding

WHEREAS the undersigned are part ies to a Collective Agreement datedJanuary 1, 2007 and expiring on the 31 s t day of December, 2010.

AND WHEREAS the Recreation Commission wil l ensure that the SwimmingPool’s permanent, seasonal employees wil l receive a minimum of sixteen(16) weeks of employment per annum up to and including the expiry of thesaid Collective Agreement on the 31 s t day of December, 2010 and providedthat there are no mechanical breakdowns or other unforeseen circumstancesthat may cause the pool to close for an extended period of t ime.

AND WHEREAS Article 37 of the Collective Agreement provides, subject tocertain restrict ions, for the hiring of the Grand Bank Recreation Commissionof non-bargaining unit persons to work in Federally and Provincial ly fundedprojects from time to t ime.

AND WHEREAS Service Canada, Human Resources and Employment

(HR&E), other Federal Government Departments or Agencies, and theProvincial Government requires written confirmation from the Union that thehiring of non-bargaining unit employees for each and every project conformswith the Collective Agreement.

THE PARTIES HEREBY CONFIRM to Service Canada, Human Resourcesand Employment (HR&E), other Federal Government Departments orAgencies, and the Province of Newfoundland and Labrador that, subject tothe terms of the said Art icle 37, the Union does not objec t to the employmentby the Grand Bank Recreation Commission persons to work on any and allsuch projects up to and including the expiry of the said Collective Agreementon the 31 s t day of December, 2010 and it is understood that such employees

wil l not be members of the Bargaining Unit nor subject to the terms of theCollective Agreement.

Dated at Grand Bank, in the Province of Newfoundland and Labrador, thisday of , 2010.

Grand Bank Recreation Commission Witness

Newfoundland and Labrador WitnessAssociation of Public and PrivateEmployees



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LETTER OF INTENT RE. SEMINARS

The Employer and the Association agree to co-sponsor seminars dealingwith issues such as contagious diseases and work place safety.

Grand Bank Recreation Commission Newfoundland and LabradorAssociation of Public and

PrivateEmployees



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LETTER OF INTENT RE. JOB DESCRIPTIONS

Effective date of signing, employees wil l be provided with detailed jobdescriptions of their respective classif ications.


PrivateEmployees



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LETTER OF UNDERSTANDING

RE. Temporary Employees Seniority

As agreed during negotiations, employees hired resulting from existingemployees taking extended unpaid leave as per Article 21, Clause 21:12,

wil l not gain seniority for recall but wil l gain seniority for all otherpurposes. If the employee on extended unpaid leave does not return tohis/her employment, the temporary employee can use his/her seniority forapplying and wil l be credited with all seniority upon becoming apermanent employee.


PrivateEmployees



IN WITNESS WHEREOF the parties hereto have executed this Agreementthis day of , 2010.

SIGNED ON BEHALF OF THE GRAND BANK RECREATION COMMISSIONby its members in the presence of the witness hereto subscribing:

WITNESS

SIGNED ON BEHALF OF THE NEWFOUNDLAND AND LABRADORASSOCIATION OF PUBLIC AND PRIVATE EMPLOYEES by its properofficers in the presence of the witness hereto subscribing:

WITNESS

grandbankreccommission 2010-2013

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