WUD22 - Labour Relations Board

Transcription

AGREEMENT
BETWEEN
CARDINAL COACH LINES LTD.
d.b.a. FIRST STUDENT CANADA
CARDINAL TRANSPORTATION LTD.
Courtenay Operation
AND
CANADIAN UNION OF PUBLIC EMPLOYEES
LOCAL 439
NOVEMBER 26,2007
TO
JUNE 30, 2009
/mm
cope 491
TABLE OF CONTENTS
PREAMBLE ................................................................................................................... 1
ARTICLE 1 - DEFINITIONS ............................................................................ 2
1.01 Employee .................................................................................................2
1.02 Regular Employee ...................................................................................2
1.03 Casual Employee (On call) ......................................................................2
1.04 Bargaining Unit. .......................................................................................2
ARTICLE 2 - MANAGEMENT RIGHTS ............................................................ 2
ARTICLE 3 - RECOGNITION AND NEGOTIATIONS ...................................... 3
3.03 No Contracting Out ........................................................................ 4
3.04 Bargaining Unit Work ............................................................................ ..4
3.05 No Other Agreements .............................................................................4
3.06 Right to Representation ..........................................................................4
3.07 Representation ........................................................................................4
ARTICLE 4 -NODISCRIMINATION .............................................................. 5
4.01
Employer Shall Not Discriminate ..................................................... .5
ARTICLE 5 - UNION SECURITY. ............................ ............ ................ ............ 5
ARTICLE 6 - CHECK-OFF OF UNION DUES ................................................... 6
6.01
6.02
6.03
Dues and Assessments ....................... ..... ...... .................... ..... ....... 6
Dues Receipts ............................................................................... 6
Notification .................................................................... ............... 6
ARTICLE 7 - NEW EMPLOyEES ...................................................................... 6
ARTICLE 8 - CORRESPONDENCE........ ............. ..... .......... .............................. 7
ARTICLE 9 - LIAISON COMMITTEE............................................................... 7
9.01 Establishment of Committee ...........................................................
9.02 Function of Committee ..................................................................
9.03 Meetings of Committee ...................................................................
9.04 Joint Chairs of Meetings ..................................................................
-i-
7
7
8
8
9.05 Minutes of Meetings ................................... ................................... 8
9.06 Jurisdiction of Committee ...................................................................... 8
ARTICLE 10 - LABOUR MANAGEMENT BARGAINING RELATIONS ............. 9
10.01 Union Bargaining Committee .......................................................... 9
10.02 Function of the Bargaining Committee ............................................ 9
10.03 Time off for Meetings .................................................................... 9
ARTICLE 11 - RESOLUTIONS AND REPORTS OF THE EMPLOyER ............... 9
11.01 Employer Shall Notify Union ........................................................... 9
ARTICLE 12 - GRIEVANCE PROCEDURE ....................................................... 9
12.01
12.05
12.06
12.07
12.08
12.09
12.10
12.11
Discussion of Differences Stage ...................................................... 9
Names of Stewards and Grievance Committee .............................. 11
Permission to Leave Work....................................................................11
Grievance and Replies in Writing ..........................................................12
Group Grievance ...................................................................................12
Policy Grievance .................................................................................... 12
Union May Institute Grievances ............................................................ 12
Grievance Recommendations ................................................................12
ARTICLE '13 - ARBITRATION ....................................................................... 13
13.01
13.02
13.03
13.04
13.05
Single Arbitrator ......................:...................................................
Composition of Board of Arbitration ..............................................
Failure to AppOint ........................................................................
DeciSions of the Board .................................................................
Expenses of the Board .................................................................
13
13
13
13
14
ARTICLE 14 - DISCHARGE, SUSPENSION, AND DISCIPLINE ................... 14
14.01 PrinCiple of Innocence ................................................................... 14
14.02 Termination of Employment.. ....................................................... 14
14.03 Discipline .................................................................................... 14
14.04 Crossing of Picket Lines ............................................................... 15
14.05 Participation in Job Action ............................................................ 15
14.06 Access to Personnel Files ...................................................................... 15
14.07 Designation of Supervisor..................................................................... 15
14.08 Notice Prior to Suspension .................................................................... 15
14.09 Adverse Report......................................................................................16
• ii •
ARTICLE 15 - SENIORITY ............................................................................ 17
15.02 Seniority Lists.............................................................................. 17
15.03 Probation for New Employees ...................................................... 17
15.04 Loss of Seniority .......................................................................... 17
ARTICLE 16 - PROMOTIONS AND STAFF CHANGES .................................. 18
16.02
16.03
16.04
16.05
Changes to Route(s) .................................................................... 19
Information in Postings ......................................................................... 19
Filling of Vacancies ................................................................................19
Workplace Accommodation ................................................................... 19
ARTICLE 17 -LAYOFFS AND RECALLS ........................................................ 19
17.01
17.02
17.03
17.05
17.06
17.07
Definition of Layoff ...................................................................... 19
Notice of Layoff ........................................................................... 19
Bumping ................................................................... .................. 20
Recall to Employment .................................................................. 20
Recall Procedure ................................................................................... 20
No New Employees .........................................................................,..... 21
ARTICLE '18 - HOURS OF WORK.. ................. ................. ...... ...... ........... ...... 21
18.01
18.02
18.03
18.04
18.05
Guaranteed Work Year ................................................................
Hours of Work................................................... ...... ....................
Daily Guarantee and Extra Work................................ ,..................
Bus Preparation and Cleanup .......................................................
Park Outs....................................................................................
21
21
22
22
22
ARTICLE 19 - OVERTIME............................................................................. 23
19.01 Overtime Defined ........................................................................ 23
ARTICLE 20 - HOLIDAYS ............................................................................. 23
20.01 List of Holidays............................................................................ 23
20.02 Day Off in Lieu........ ............. ............... ..... ......... ............ ..... ......... 24
20.03 When a Holiday Falls on a Non-Working Day ................................. 24
ARTICLE 21 - VACATIONS ........................................................................... 24
21.01 Entitlement to Annual Vacations ............ ,........................................ 24
21.02 Vacation Pay.................................................................. ............. 25
- iii -
21.06 Overtime Vacation Rate ................................................................ 25
21.07 Leaving Company Service.. ............ ....................... ........................ 26
ARTICLE 22 - SICK LEAVE ........................................................................... 26
22.01 Sick Leave Defined ................................................................................ 26
ARTICLE 23 - LEAVE OF ABSENCE ............................................................... 26
23.01
23.02
23.03
23.04
23.05
23.06
23.07
23.08
For Union Business with the Employer ........................................... 26
Other Union Business ............................................................................26
Bereavement Leave ...............................................................................27
Jury Duty ...............................................................................................27
Maternity, Parental, and Adoptive Leave .............................................. 27
Short Term Leave of Absence ...............................................................28
Long Term Leave of Absence - School Year ......................................... 28
Leave for Public Duties .......................................................................... 28
ARTICLE 24 - PAYMENT OF WAGES AND ALLOWANCES ........................... 29
24.01
24.02
24.03
24.04
24.05
24.06
How Wages are to be Paid ...........................................................
Deductions.................................. ................................................
Wage Statements ........................................................................
Acting Temporary Capacity ...........................................................
Safe Driving Bonus ......................................................................
Clothing........................ ..... ................................ ................ .........
29
29
29
29
30
30
ARTICLE 25 - JOB CLASSIFICATION AND RECLASSIFICATION ................ 31
25.02 Elimination of Present Classifications ....................................................31
25.03 Changes in Classification ...................................................................... .31
25.04 Current Job Description ........................................................................ .31
ARTICLE 26 - EMPLOYEE BENEFITS ........................................................... 31
26.01 Employee Benefit Entitlement.. ..................................................... 31
ARTICLE 27 - HEALTH AND SAFETy ............................................................ 32
Preamble ..........................................................................................................32
Structure of the Joint Health and Safety Committee ...................................... 32
Functions of the Joint Health and Safety Committee ..................................... 33
Minutes of Meetings ........................................................................................ 34
Quorum .............................................................................................................35
- iv-
Attendance at Meeting ..................................................................................... 35
Education Leave ............................................................................................... 35
Meeting Agenda .............................................................................................. 36
ARTICLE 28 - TECHNOLOGICAL CHANGES ................................................. 36
28.01 Reference to Labour Code ............................................................ 36
ARTICLE 29 - CHARTERS ............................................................................. 37
29.02
29.03
29.04
29.05
Charters List ................................................................................. 37
Assignment of Charters .........................................................................37
Out of Town Trips .................................................................................. 38
Cancelled Charters .................................................................................38
ARTICLE 30 - GENERAL CONDITIONS ......................................................... 38
30.01
30.02
30.03
30.04
30.06
Courses of Instruction .......................................................................... 38
Harassment. .......................................................................................... 38
Bulletin Board ........................................................................................ 38
Union Logo ............................................................................................ 39
Copies of Agreements ................................................................... 39
ARTICLE 31 - TERM OF AGREEMENT .......................................................... 40
SCHEDULE "A"
........................................................................................ 41
LETTER OF UNDERSTANDING #1 - RE: SCHOOL ROUTES ......................... 42
- v-
COLLECTIVE AGREEMENT
BETWEEN:
CARDINAL COACH LINES LTD
d.h.a. FIRST STUDENT CANADA
Courtenay Operation
(Hereinafter called the "Employer")
AND:
THE CANADIAN UNION OF PUBLIC EMPLOYEES
LOCAL 439
(Hereinafter called the "Union")
WHEREAS it is the desire of both Parties to this Agreement to maintain
the harmonious relationship so necessary between Employer and Employee, and
to recognize the mutual value of joint discussions and negotiations in all matters
of mutual concern;
AND WHEREAS the Employer approves and recognizes the Union as the
sale bargaining agent on behalf of its employees within the classes represented
by the Union;
AND WHEREAS the Parties hereto have agreed to enter into this
Agreement as affecting and relating to the staff employed by the Employer;
NOW THEREFORE THE FOLLOWING IS HEREBY AGREED TO:
Collective Agreement
between
Cardinal Coach Lines LTD, d,b.a. First Student Canada, Cardinal Transportation LTD, Courtenay Operation
and CUPE Local 439
November 26, 2007 - June 30, 2009
ARTICLE 1 - DEFINITIONS
1.01
Employee
A person who is an employee as defined in the Labour Relations
Code of B.C.
1.02
Regular Employee
A person employed who has successfully completed probation and
who is employed on a regular and continuing basis.
1.03
Casual Employee (On call)
A person employed from time-to-time on a day-to-day basis as a .
temporary replacement necessitated by illness, injury, vacation or
the temporary filling of a vacancy of less than forty (40) working
days.
1.04
Bargaining Unit
Bargaining Unit is the unit for collective bargaining described in the
certification issued by the Labour Relations Board November 5,
2007 covering employees of the Employer for whom the Canadian
Union of Public Employees (C.U.P.E.), Local 439 is the bargaining
agent.
ARTICLE 2 - MANAGEMENT RIGHTS
2.01
The Union acknowledges that it is the exclusive function of the
Company to:
a)
Maintain order, discipline, and efficiency;
b)
Hire, discharge, classify, transfer, promote, demote, and
suspend or otherwise discipline employees subject to the
provisions of this Agreement which may be subject to
grievance;
c)
To manage the industrial enterprise in which the Company is
engaged, including all matters concerning the operation of
the business not specifically dealt with elsewhere in this
Agreement;
Colledive Agreement
between
cardinal Coach Lines LTD, d.b.a. First Student Canada, Cardinal Transportation LTD, Courtenay Operation
and CUPE Local 439
November 26, 2007 - June 30, 2009
2
d)
Make and alter from time to time rules, regulations and
policies which are just and fair and shall not be inconsistent
with the provisions of this Agreement. The Company agrees
that it shall provide the Union with a copy of those rules,
regulations and policies which are made or altered by the
Company from time to time. In addition, the Company will
provide the Union with reasonable advance notice on the
establishment of new rules or on amendment to rule.
Discussion shall be sought by the Union as early as possible
so that there will not be any unreasonable delay before rules
or amendments to rules are implemented. In matters of
discharge of employees for just cause, the employee may
not be deprived of the Grievance Procedure.
The Company agrees that the above functions will be
exercised in a manner consistent with the provisions of this
Agreement.
Except in cases of drinking on duty, the Company agrees
that no employee shall be dismissed from the Company's
service until a fair and impartial hearing has been held. At
any such hearings, an employee shall be entitled to be
represented by a representative of the Union. The company
agrees to give one (1) day prior notice to members of the
union committee in the event it contemplates the dismissal
of an employee. Nothing in this Clause shall, however,
deprive an employee of exercising his full rights under the
grievance procedure as set out in this Agreement.
ARTICLE 3 - RECOGNITION AND NEGOTIATIONS
3.01
The Employer recognizes the Canadian Union of Public Employees
and its Local 439 as the exclusive bargaining agent for those
employees for whom the Union has been certified. Should there be
a dispute as to who is considered an employee for purposes of this
Collective Agreement, either Party may seek a decision from the
Labour Relations Board.
3.02
The Parties to this Agreement agree to negotiate with each other
all matters affecting the relationship between the Parties, aiming
towards a peaceful and amicable settlement of any differences that
may arise between them.
between
Cardinal Coach Lines LTD, d.b.a. First Student Canada, Cardinal Transportation LTD, Courtenay OperatIon
and CUPE Local 439
November 26, 2007 - June 30, 2009
3
3.03
No Contracting Out
The Employer expressly agrees that it shall not contract out any
bargaining unit work where such would result in reduction of hours
or layoff of bargaining unit members.
3.04.
Bargaining Unit Work
Except in cases of emergency, persons whose jobs are not in the
bargaining unit shall not work on any jobs which are included in the
bargaining unit, and except for purposes of instruction, when
regular employees are not available; and provided that the act of
performing the aforementioned operations; in itself, does not
reduce the hours of work or pay of any employee.
Compensation equivalent to the amount of dues shall be paid to
the Union by the Company for all hours worked by any employee
who is not included in the bargaining unit.
3.05
No Other Agreements
No employee or group of employees shall be required or permitted
to make a written or verbal agreement with the Employer or its
representatives, which may conflict with the terms of this Collective
Agreement.
3.06
Right to Representation
The Union shall advise the Employer, in writing, the names of its
Officers, Shop Stewards and Committee Members. The Employer
shall supply the Union with a list of its supervisory personnel.
3.07
Representation
The Union shall have the right at any time to have the assistance of
representatives of the Canadian Union of Public Employees when
dealing or negotiating with the Employer. Such representative(s)
may request access to the Employer's premises in order to
investigate and assist in the settlement of a grievance.
between
Cardinal Coach Lines LTD, d.b.a. First Student Canada, Cardinal Transportation LTD, Courtenay Operation
and CUPE Local 439
November 26, 2007 - June 30, 2009
4
ARTICLE 4 - NO DISCRIMINATION
4.01
Employer Shall Not Discriminate
The Employer, its servants and agents, agree that there shall be no
discrimination exercised or practiced with respect to any employee
in the matter of hiring, wage rates, training, upgrading, promotion,
transfer, layoff, discipline, discharge, or otherwise by reason of
race, creed, colour, national origin, political or religious affiliation r
sex or marital status nor by reason of membership in a labour
union.
ARTICLE 5 - UNION SECURITY
5.01
All Employees shall as a condition of employment become and
remain members in good standing in the Union.
5.02
All employees shall be required to complete an authorization form
providing for the deduction from their wages of regular dues
payable to the Union by members of the Union. Such form will be
provided to the Employer by the Union.
5.03
In the event that an employee fails to comply with the provisions of
Article 5.01 above, the Employer shall terminate their employment.
5.04
Any member who fails to maintain their membership in good
standing in the Union, according to the Constitution and By-Laws of
the Union, shall be terminated from their employment after thirty
(30) calendar days written notice to the Employer by the Union.
5.05
Provided that the Union notifies the Employer, in writing within
thirty (30) calendar days that a member is again a member in good
standing, the termination notice to the Employer shall be deemed
to be null and void and the member shall not be discharged.
between
Cardinal Coach Lines LTD, d.b.a. First Student Canadal Cardinal Transportation LTD, Courtenay Operation
and CUPE Local 439
November 26,2007 - June 30, 2009
5
ARTICLE 6 - CHECK-OFF OF UNION DUES
6.01
Dues and Assessments
The Employer agrees to deduct from the first (1 st) day of
employment any assignments and assessments levied in
accordance with the Union's constitution. The Union will advise the
Employer in writing of any dues, initiation fees or assessments that
may be levied or revised from time to time. All such deductions will
be forwarded to the Secretary-Treasurer of the Union within ten
(10) working days following the month in which such deductions
were made, accompanied by a list of the names of all employees
from whose wages the deductions have been made, together with
the employees status, hours worked, the total wages earned, and
the amounts deducted for that period.
6.02
Dues Receipts
The Employer will advise each employee in writing of the amount
of Union dues deducted by way of payroll deduction at the time T-4
slips are provided.
6.03
Notification
The Union shall be advised of all hirings, lay-offs, rehirings,
terminations of employment of Bargaining Unit members with the
month-end check off statement.
ARTICLE 7 - NEW EMPLOYEES
7.01
The Employer agrees to acquaint new employees with the fact that
an Agreement between the Parties is in effect and with the
conditions of employment set out in the Articles dealing with Union
security and deductions of Union dues, and shall give to each new
member a copy of this Agreement as well as a list of the Union
Stewards and/or Representatives.
7.02
The Employer agrees to notify the Union of the name, address,
pOSition, and location of each new employee not later than at the
time of the next dues remittance.
7.03
The Union agrees to give the Employer a letter for issuance to each
new employee setting out his or her obligation to the Union.
between
and CUPE Local 439
November 26, 2007 - June 30, 2009
6
7.04
A nominal roll of all employees, including names, addresses and
telephone numbers shall be forwarded by the Employer November
1st of each year. Should an employee refuse to provide personal
information, the work location of the employee will be used and the
Union will be advised.
ARTICLE 8 - CORRESPONDENCE
8.01
Any correspondence arising out of this Agreement shall pass to and
from the Employer and the Recording Secretary of the Union.
ARTICLE 9 - LIAISON COMMITTEE
9.01
Establishment of Committee
A Liaison Committee shall be established, consisting of two (2)
representatives of the Union and one (1) representative of
management.
Additional representative may attend upon
agreement by the Committee.
9.02
Function of Committee
The Committee shall concern itself with the following general
matters:
(a)
Considering constructive criticisms of all activities so that
better relations shall exist between the Employer and the
employees;
(b)
Promoting of safety and
observance of safety rules;
(c)
Reviewing suggestions from employees and Employer
regarding questions of working conditions and service (but
not grievances concerned with service);
(d)
Correcting of conditions
misunderstandings; and
(e)
Considering other matters, which will assist in fostering the
relationship.
sanitary practices
making
for
and
grievances
the
and
7
between
and CUPE Local 439
November 26, 2007 - June 3D, 2009
---._-._-
-
9.03
Meetings of Committee
The Committee shall meet every second month or as required at a
mutually agreeable time and place. Members shall receive their
notice and agenda at least four (4) days before the meeting, and
discussion at the meeting shall be confined to items on the agenda.
Employees shall be paid for time spent with this Committee. It is
the intent of the Parties that the Liaison Committee meetings be
scheduled between bus runs whenever possible.
9.04
Joint Chairs of Meetings
An Employer and a Union representative shall be designated as
joint chairs and shall alternate in chairing the meetings.
9.05
Minutes of Meetings
Minutes of each meeting of the Committee shall be prepared and
circulated as promptly as possible. Circulation of the minutes shall
be as agreed by the Committee.
9.06
Jurisdiction of Committee
(a)
The Committee shall not have jurisdiction over wages or any
other matters of collective bargaining, including the
administration of this Collective Agreement.
(b)
The Committee shall not supersede the activities of any
other committee of the Union or of the Employer, and does
not have the power to bind either the Union or its members
or the Employer to any decisions or conclusions reached in
their discussions. The Committee shall have the power to
make recommendations to the Union and the Employer with
respect to its discussions and conclusions.
between
and CUPE Local 439
November 26, 2007 - June 30, 2009
8
ARTICLE 10 - LABOUR MANAGEMENT BARGAINING RELATIONS
10.01
Union Bargaining Committee
A Union Bargaining Committee shall be elected or apPointed of not
more than three (3) members of the Union. The Union will advise
the Employer of the Union members of the Committee.
10.02
Function of the Bargaining Committee
The Union Bargaining Committee shall be responsible for
negotiating with the Employer and/or their agents to establish
wages, hours of work and other working conditions.
10.03
Time off for Meetings
Up to three (3) representatives of the Union on the Bargaining
Committee who are in the employ of the Employer shall have the
right to attend meetings held within working hours without loss of
pay. It is the intent of the Parties that Bargaining Committee
meetings be scheduled between bus runs whenever possible.
ARTICLE 11- RESOLUTIONS AND REPORTS OF THE EMPLOYER
11.01
Employer Shall Notify Union
When a report or recommendation is made to the Employer by a
third Party dealing with conditions of employment which affect
employees within this bargaining unit, the Employer shall advise
the Union in time to afford the Union a reasonable opportunity to
make a presentation.
ARTICLE 12 - GRIEVANCE PROCEDURE
12.01
Discussion of Differences Stage
(a)
The employee may meet with the employee's immediate
supervisor as soon as a meeting can be arranged to discuss
any matter that may give rise to a grievance in an attempt
to resolve any difference through an informal discussion.
The employee may be accompanied by up to a maximum of
two (2) Union representatives.
between
Cardinal Coach Lines LTD, d.b.a, First Student Canada, Cardinal Transportation LTD, Courtenay Operation
and CUPE Local 439
November 26, 2007 - June 30, 2009
9
12.02
(b)
By mutual agreement the Parties may meet more than once
in an attempt to informally resolve any difference.
(c)
If the Parties fail to resolve a difference at the discussion
stage, the employee along with Union representatives has
the option to proceed to Step 1 of the Grievance Procedure
within five (5) working days of the last informal meeting
referred to in Article 12.01(a).
(a)
The Parties agree that should differences arise between the
Employer and the Union as to the interpretation and
application of this Agreement, or should any other dispute
arise, there shall be no suspension of work on account of
such differences, but an effort shall be made to settle the
same in the following manners:
Step 1
Should the Union Grievance Committee consider the
grievance to be justified the employee(s) concerned,
together with the shop steward, shall first seek to settle the
dispute with the appropriate supervisor, who shall render a
decision within five (5) working days.
Step 2
Failing agreement in Step 1, application shall be made to the
Employer, in writing, stating the grievance concerned within
ten (10) working days. A decision shall be rendered within
five (5) working days.
Step 3
Failing a satisfactory settlement being reached in Step 2, a
hearing shall be held between the Union and the Employer
within ten (10) working days after receipt of the request for
such hearing. The Union must request such a hearing within
ten (10) working days of receipt of the decision rendered in
Step 2. The decision of the Employer shall be rendered
within twenty (20) days.
between
Cardinal Coach Lines LTD, d,b.a. First Student Canada, Cardinal Transportation LTD, COurtenay Operation
and CUPE Local 439
November 26, 2007 - June 30, 2009
J0
(b)
The Employer and/or the Union and/or a group .of
employees shall have the right to submit, in writing, any
dispute of a general policy nature to the other Party. Where
a dispute of this nature occurs, then the Chief Shop Steward
of the Union shall commence the procedure at Step 2.
(c)
The procedure for settling disputes as set out in this Article
shall be strictly adhered to.
(d)
Time limits referred to in this Article may be extended by
mutual agreement of the Parties.
12.03
Failing settlement of any dispute as outlined above, either Party
shall, upon giving ten (10) days notice to the other Party in writing,
refer the dispute to arbitration. The notice must be made within
twenty (20) working days of receipt of decision rendered under
Step 3.
12.04
(a)
A "day" for purposes of this Article excludes Saturdays and
Sundays and Paid Holidays as defined in Article 20 of the
Collective Agreement The time limits in this Article are
mandatory and may only be extended by mutual agreement
in writing between the Company and the Union.
(b)
Recognition of Union Stewards and Grievance Committee
In order to provide an orderly and speedy procedure for the
settling of grievances, the Company acknowledges the rights
and duties of the Union Grievance Committee and the Union
Stewards. The Steward may assist an employee whom the
Steward represents, in preparing and presenting his/her
grievance in accordance with the grievance procedure.
12.05
Names of Stewards and Grievance Committee
The Union shall notify the Company in writing of the name of the
Steward.
12.06
Permission to Leave Work
The Shop Steward shall be permitted time off without loss of pay to
handle grievances, provided he/she has first sought and obtained
between
and CUPE Local 439
November 26, 2007 - June 30, 2009
11
--------,
permission from the Company to absent himself/herself from
his/her regular duties.
12.07
Grievance and Replies in Writing
Grievances and replies to grievances shall be in writing at all
stages.
12.08
Group Grievance
Two (2) or more employees having the same grievance, may
process one group grievance through the grievance procedure.
12.09
Policy Grievance
Where a dispute involving a question of general application or
interpretation occurs, or where a group of employees or the Union
has a grievance, Steps 1 and 2 of this Article may be by-passed.
12.10
Union May Institute Grievances
The Union and its representatives shall have the right to originate a
grievance on behalf of an employee, or group of employees and to
seek adjustment with the Company in the manner provided in the
Grievance Procedure. Such a grievance shall commence at Step 2.
12.11
Grievance Recommendations
(a)
If a difference arises between the Parties relating to the
dismissal, discipline or suspension of an employee, or to the
interpretation, application, operation, or alleged violation of
this Agreement, including any question as to whether a
matter is arbitrable, during the term of the Collective
Agreement, a single arbitrator agreed to by both Parties
shall at the request of either Party:
(i)
Investigate the difference;
(ii)
Define the issue in the difference; and
(iii)
Make written recommendations to resolve the
difference within thirty (30) days of the date of
receipt of the request and, for those thirty (30) days
between
Cardinal Coach LInes LTD, d.b.a. First Student Canada, Cardinal Transportation LTD, Courtenay Operation
and CUPE Local 439
November 26, 2007 - June 30, 2009
12
from that date, time does not run in respect of the
grievance procedure.
(b)
Neither Party will make a request pursuant to this Article
without the agreement of the other Party.
ARTICLE 13 - ARBITRATION
13.01
Single Arbitrator
The Parties may by mutual agreement refer the dispute to a single
arbitrator, with each Party paying one-half (1/2) of the cost of the
arbitrator. The arbitrator shall have the same powers as an
arbitration board.
13.02
Composition of Board of Arbitration
Notwithstanding the above, the Parties may refer the dispute to a
Board of Arbitration which shall consist of three (3) members, one
(1) to be selected by the Employer and one (1) by the Union within
ten (10) working days of either Party being notified by the other
Party. There shall also be a third mutually acceptable person who
shall act as chairperson, to be chosen by the two (2) persons so
selected.
13.03
Failure to Appoint
In the event that the two (2) appointees are unable to agree upon
the selection of the third member of the Board of Arbitration within
a period of ten (10) working days after notice of the appointment
of the members of the Board of Arbitration by the Parties, the
Minister of Labour of the Province of British Columbia shall be
requested to appoint such a third member.
13.04
Decisions of the Board
The decision of the Board of Arbitration, or a majority thereof, shall
be final and binding upon the Parties, but in no event shall the
Board of Arbitration have the power to alter, modify, or amend this
Agreement in any respect.
between
Cardinal Coach Lines LTD, d,h,a. First Student Canada l Cardinal Transportation LTD, Courtenay Operation
and CUPE Local 439
November 26, 2007 - June 30, 2009
J3
13.05
Expenses of the Board
Each Party shall pay the expenses of the member of the Board of
Arbitration chosen by it and all expenses incurred in connection
with the presentation and preparation of its own case, but the
Parties shall share equally the expenses of the third member of the
Board of Arbitration.
ARTICLE 14 - DISCHARGE, SUSPENSION, AND DISCIPLINE
14.01
Principle of Innocence
Both Parties agree that an employee is considered innocent until
proven guilty. An employee may be dismissed or disciplined, but
only for just cause.
14.02
Termination of Employment
Except in the case of dismissal for just cause, the Employer shall
give and expect one (1) month's notice when terminating the
services of any regular employee.
14.03
Discipline
(a)
Right to Have a Shop Steward Present
When a supervisor intends to formally discipline an
employee, the employee shall have the right to have a shop
steward present. The supervisor shall notify the employee
in advance of the purpose of the interview, provided that
this does not result in an undue delay in the appropriate
action being taken.
(b)
Whenever the Employer deems it necessary to censure an
employee in a manner indicating that suspension or
dismissal may follow any repetition of the act complained of
or omission referred to, or may follow if such employee fails
to bring their work up to a required standard by a given
date, the· Employer shall give written particulars of such
censure to the employee and the Recording Secretary of the
Union.
between
Cardinal Coach lines LTD, d.b.a. First Student Canada, Cardinal Transportation LTD, Courtenay Operation
and CUPE Local 439
November 26, 2007 - June 30, 2009
14
14.04
Crossing of Picket Lines
Employees shall not be required to cross any picket line legally
established and maintained under the Statutes of British Columbia.
14.05
14.06
Participation in Job Action
(a)
No individual employee shall be disciplined for participation
in any action(s) called by the CLC, CUPE, or the B.C. Division
of CUPE, and supported by the local Union.
(b)
The contemplated action(s) shall be discussed with the
Liaison Committee prior to the action(s) taking place.
Access to Personnel Files
An employee shall have the right with one (1) working day's notice
to have access to and review their personnel file, and the right to
respond in writing to any document contained therein.
Such
response shall become part of the employee's record.
Provided that an Employee has no further discipline of any nature,
any discipline letter or adverse report shall be removed from an
employee's file after twenty four (24) months.
No evidence from the employee's record may be introduced as
evidence in any hearing of which the employee was not aware at
the time of filing.
14.07
Designation of Supervisor
Employees shall be notified of their immediate deSignated
supervisor.
In the event of conflicting instructions from
supervisors, employees shall consult the deSignated supervisor
pursuant to their job description or, if not specified in the job
description, their letter of appOintment.
14.08
Notice Prior to Suspension
(a)
The parties agree that in certain situations it may be the
best interest of both students and employees that
employees be reassigned or removed from the job sites
during an investigation of conduct. In cases where an
betINeen
and CUPE Local 439
November 26, 2007 - June 30, 2009
15
employee cannot be reassigned, then the employee shall be
conSidered to be on leave of absence with pay until the
Employer has determined there is a prima facia case for
imposing discipline.
14.09
(b)
The Employer will make every effort to complete its
investigation within fourteen (14) days. The Employer will
provide the Union with a summary of the investigation
report. This summary sheet is on a "without prejudice" basis
and shall not be referred to by the Party in any third Party
proceedings.
(c)
The Employer will notify the Union deSignate when an
investigation of conduct has been initiated. Any employee
who is interviewed in the course of the investigation shall
have the right to Union representation at such an interview.
Adverse Report
The Company retains the right to bring to attention of an
employee any adverse reports or complaints but these reports
shall be of a non-disciplinary nature and shall not be part of an
employee's personnel file.
The Employer shall notify an employee in writing of any
expression of dissatisfaction concerning an employee's work
within five (5) working days of the event of the complaint, with a
copy to the Union. This notice shall include particulars of the
work performance which led to such dissatisfaction. If this
procedure is not followed, such expression of dissatisfaction shall
not become a part of the employee's record for use against the
employee at any time.
.
This Article shall be applicable to any complaint or accusation,
which may be detrimental to an employee's advancement, or
standing with the Employer, whether or not it relates to the
employee's work. The employee's reply to such complaint,
accusation or expression of dissatisfaction shall become part of
the employee's record.
between
Cardinal Coach Lines LTD, d.b,a, First Student Canada, cardinal Transportation LTD, Courtenay Operation
and CUPE Local 439
November 26, 2007 - June 30, 2009
16
--------------
ARTICLE 15 - SENIORITY
15.01
Seniority is defined as the length of service in the bargaining unit
and shall include service with the Employer prior to the certification
or recognition of the Union.
Seniority shall be used in determining preference or priority for
charters, shifts, promotions, transfer, demotion, layoff, vacations,
permanent reduction of the workforce and recall as set out in the
other provisions of this Agreement. Seniority shall operate on a
bargaining unit wide basis from the date of hire with the Employer.
15.02
Seniority Lists
An up-to-date seniority list for all employees will be sent out
annually in April. Such list shall be sent to the Union and posted on
all bulletin boards.
15.03
Probation for New Employees
Newly hired regular employees shall be considered on probation for
a period of ninety (90) days from the date of hiring. Newly hired
casual employees shall be considered on probation for a period of
two hundred forty (240) hours. During the probationary period, all
employees shall have access to the procedures outlined in the
Discipline, Discharge, Grievance and Arbitration Articles. After
completion of the probationary period, seniority shall be effective
from the original date of employment.
15.04
Loss of Seniority
(a)
Seniority will only be lost when an employee:
(I)
resigns;
(ii)
is terminated for cause and is not reinstated;
(iii)
is on layoff for a period in excess of:
(1)
Six (6) months - for employees with less than
eighteen (18) months of seniority;
between
and CUPE Local 439
November 26, 2007 - June 30, 2009
17
(2)
Twelve (12) months - for employees with
eighteen (18) months or more but less than
three (3) years of seniority;
(3)
Eighteen (18) months - for employees with
more than three (3) years but less than seven
(7) years of seniority;
(4)
Twenty-four (24) months - for employees with
more than seven (7) years of seniority;
(iv)
occupies a non-bargaining unit position longer than a
six (6) month duration;
(v)
fails to return to work within fifteen (15) working days
following a layoff and after receiving notice by
registered mail to do so, unless through sickness or
other just cause;
(vi)
fails to return at the beginning of the school term
unless through sickness or other just cause.
ARTICLE 16 - PROMOTIONS AND STAFF CHANGES
16.01
In the event that a regular position becomes vacant or a new
regular position is created, which includes the resignation of an
incumbent, the following procedures shall apply:
(a)
(b)
All vacancies, in excess of twenty (20) working days, or
newly created positions shall be posted for a period of ten
(10) working days. The Employer shall provide all employees
and the Union with a copy of such notice. Appointment
within the bargaining unit shall be made within five (5)
working days and shall be effective as soon as possible
thereafter. The Employer shall advise the Union of the
name of the successful applicant.
All temporary vacancies in excess of forty (40) working days
shall be posted for a period of ten (10) working days. The
Employer agrees to provide all employees and the Union
with a copy of such notice.
Appointment within the
bargaining unit shall be made within five (5) working days
between
Cardinal Coach Lines LTD, d,b.a. First Student Canada, Cardinal Transportation LTD/ Courtenay Operation
and CUPE Local 439
November 26, 2007 - June 30, 2009
18
and shall· be effective as soon as possible thereafter. The
Employer shall advise the Union of the name of the
successful applicant.
16.02
Changes to Route(s)
The Employer agrees that any changes to established bus routes
that would cause an increase of thirty (30) minutes or more to the
route, shall be reposted within five (5) working days.
16.03
Information in Postings
Postings shall contain the following information: Nature of the
position, start date, approximate date or duration if applicable, and
hours of work.
16.04
Filling of Vacancies
Vacancies will
qualification.
16.05
be
filled
in
accordance
with
seniority
and
Workplace Accommodation
On request the Employer shall seek wherever possible to provide
suitable alternate employment when, through injury, illness, or
disability, an employee is unable to perform their normal duties.
ARTICLE 17 - LAYOFFS AND RECALLS
17.01
Definition of Layoff
A layoff shall be defined as a reduction in the workforce or a
reduction in the regular hours of work as defined in this
Agreement. When it is necessary to reduce staff because of a
reduction of work, the Employer shall lay-off in reverse order of
seniority.
17.02
Notice of Layoff
The Employer shall notify employees who are to be laid off
fou rteen (14) days before the layoff is to be effective.
between
Cardinal Coach Lines LTD/ d.b.a. First Student Canada, Cardinal Transportation LTD, Courtenay Operation
and CUPE Local 439
November 26, 2007 - June 3D, 2009
19
The Company is not required to .issue to employees who work only
for the school year, a notice of layoff for the periods during the
school year when the school is not in session, or when the School
Board advises that school buses are not required.
17.03
Bumping
An employee shall not bump during the school term unless their
position has been affected as outlined in clause 17.01.
An employee who has been given layoff notice, instead of being
laid off may bump an employee in a classification and who has less
seniority and is qualified. The employee exercising the bump must
do so within three (3) days of having received the layoff notice and .
must be qualified to perform the job into which the employee is
bumping.
17.04
17.05
17.06
A regular driver who has been laid off or his/her route has been
terminated shall:
(a)
First bid on a comparable open route; and
(b)
If no comparable open route is available, bump a
least senior employee.
(c)
If no position exists, the employee may elect to
become a Casual Employee (On Call).
Recall to Employment
(a)
A regular employee who has successfully completed
probation shall have recall/rights until the employee has lost
their seniority according to Article 15.05.
(b)
A regular employee shall have the right to be recalled in the
order of his/her seniority and qualification.
Recall Procedure
(a)
It shall be the responsibility of the laid off employee to keep
the Employer informed of his/her current postal address and
contact information. Laid off employees who are being
recalled shall be notified by the Employer of the date on
between
and CUPE Local 439
November 26, 2007 - June 30, 2009
20
which they are to return to work. Notification shall be by:
personal conversation, personal telephone conversation, or
by certified mail at their last known address if not able to
contact personally or by telephone.
(b)
17.07
The employee shall indicate acceptance or rejection of the
recall to the Employer within twenty-four (24) hours of being
notified. If the employee rejects the recall, or if the
employee fails to report for work and the reporting date is at
least fifteen (15) work days later than the date of
notification unless because of illness or other just cause, the
employee may be terminated.
No New Employees
The Employer agrees that no new employees shall be hired until
those laid-off employees have been given an opportunity of recall.
ARTICLE 18 - HOURS OF WORK
18.01
Guaranteed Work Year
Regular Employees shall be guaranteed remuneration for all
"student in school days", as defined in the school year set by the
Board, except those days requested as personal leave.
Remunerations shall not be paid during any period when any
school is closed or a route is cancelled by the board, save as
hereinbefore provided in the event of notice of closure after 6:30
a.m. on the day of cancellation. In such event, remuneration will be
paid at two (2) hours of their regular rate.
18.02
Hours of Work
The regular working hours shall not exceed forty (40) hours per
week. The regular workweek shall consist of five (5) such days,
Monday to Friday inclusive. The regular workweek may be varied
by mutual agreement between the Company and the Union.
between
and CUPE Local 439
November 26, 2007 - June 30, 2009
21
18.03
Daily Guarantee and Extra Work
(a)
18.04
Daily Guarantee:
Drivers are guaranteed hours of work
based on the following:
1.
Schedule a.m. or p.m. routes only - two (2) hours per
school route shift.
2.
Scheduled combination of a.m. and p.m. routes four (4) hours per day.
3.
The Company may extend an employee's schedule of
work by mutual agreement.
4.
During the guarantee period the Company may assign
other related duties.
Bus Preparation and Cleanup
The Company agrees to allow sufficient work time for an employee
to perform a pre-trip inspection, warm up, necessary clean up and
fueling. An employee who reports to the maintenance shop to pick
up his bus shall be paid from the time he attends to his bus.
18.05
Park Outs
The school route is to be operated from the yard when logistically
the driver and/or aide team is not available. For a route to be
qualified as park out, the driver or driver and aide combination
must satisfy the following criteria:
Total distance travelled for the route by the park out in both a.m.
and p.m. runs combined must be equal to or be less than the total
distance travelled from the yard.
Routes will be awarded to the most senior individual(s) from the
most logical driver and/or aide team.
The route must fall within the provisions of the allotted time as per
Article 18.03. If the deadhead time causes the time to fall outside
the allotted time, the employees in this arrangement will not have
entitlement to additional pay. If the time is exceeded as a result of
between
and CUPE Local 439
November 26, 2007 - June 30, 2009
22
------~-----~-
extended live time, additional pay .. entitlements will
Employees must notify the supervisor if/when this occurs.
apply.
The route shall be reposted and shall become yard based
temporarily if one of the following occurs:
Either the driver and/or aide resigns from the route, or
Either the driver and/or aide opts to be yard based, or
Student Changes.
When a qualified driver and/or aide team is unavailable, the route
shall become yard based and will be awarded to the individual(s)
with the highest seniority.
ARTICLE 19 - OVERTIME
19.01
Overtime Defined
Overtime shall be defined in the Employment Standards Act of
British Columbia.
ARTICLE 20 - HOLIDAYS
20.01
List of Holidays
(a)
Statutory Holiday pay shall be paid as per Provincial
Legislation governing same for all regular employees, parttime employees and casual employees. Holidays shall be
deemed to mean:
.
New Year's Day
Good Friday
Canada Day
Christmas Day
(b)
Labour Day
Thanksgiving Day
Victoria Day
Remembrance Day
B.C. Day
Entitlement to statutory holidays shall be in accordance with
the Employment Standards Act.
between
Cardinal Coach Lines LTD, d.b.a. First Student Canada, cardinal Transportation LTD, Courtenay Operation
and CUPE Local 439
November 26, 2007 - June 30, 2009
23
20.02
Day Off in Lieu
When any of the above-mentioned holidays fall on an employee's
scheduled day off, the employee shall receive another day off with
pay.
20.03
When a Holiday Falls on a Non-Working Day
If a Statutory Holiday should fall on a non-working day, the
Employer shall declare that the working day immediately preceding
the holiday or the working day immediately following the holiday or
any other day mutually agreed to, shall be observed in lieu of the
holiday.
ARTICLE 21 - VACATIONS
21.01
Entitlement to Annual Vacations
1.
The Company must give an employee an annual vacation of:
a)
at least two (2) weeks after twelve (12) consecutive
months of employment, or;
b)
at least three (3) weeks after three (3) consecutive
years of employment.
2.
The Company must ensure an employee takes an annual
vacation within twelve (12) months after completing the
year of employment entitling the employee to the vacation.
3.
The Company must allow an employee who is entitled to an
annual vacation to take it in periods of one or more weeks.
4.
An annual vacation is exclusive of statutory holidays.
24
between
Cardinal Coach Lines LTD, d,b.a. First Student Canada, Cardinal Transportation LTD/ courtenay Operation
and CUPE Local 439
November 26, 2007 - June 30, 2009
.... - - - - - - - - - - - - - - - -
21.02
Vacation Pay
(a)
One (1) to four (4) years of employment, four percent (4%)
of total wages earned during the year.
(b)
Five (5) years of employment, five percent (5%) of total
wages earned during the year.
(c)
More than five (5) years, six percent (6%) of total wages
earned during the year.
1.
Vacation pay must be paid to an employee:
2.
(a)
At least seven (7) days before the beginning of the
employee's annual vacation, or;
(b)
On the employee's scheduled paydays, if agreed by
the Company and employee.
Any vacation pay an employee is entitled to when the
employment terminates must be paid to the employee's final
pay cheques.
21.03
Bus drivers shall receive their holiday pay on each cheque for all
hours worked or as a lump sum if requested.
21.04
Vacation periods shall be awarded according to seniority.
21.05
Any vacation pay an employee is entitled to when the employment
terminates shall be paid to the employee with the employee's final
pay cheque.
.
21.06
Overtime Vacation Rate
No employee shall be required to work during his/her scheduled
vacation period. However, should an employee agree to work when
requested during his/her scheduled vacation, he/she shall be paid
at double the regular rate of pay plus one (1) vacation lieu day off
for each day in which work was performed.
25
between
Cardinal Coach Lines LTD/ d,h.a. First Student Canada! Cardinal Transportation LTD/ Courtenay Operat1on
and CUPE Local 439
November 26, 2007 - June 3D, 2009
--~ ---------------~--~--------~~-_I
21.07
Leaving Company Service
An employee leaving the service of the Employer before he/she has
been paid vacation pay shall be entitled to such pay. A deceased
employee's estate shall be credited with the value of vacation pay
owing him/her.
ARTICLE 22 - SICK LEAVE
22.01
Sick Leave Defined
Sick leave means the period of time an employee is absent from
work without pay by virtue of being sick or disabled, exposed to a
contagious disease, or under examination or treatment of a
physician, chiropractor, or dentist, or because of an accident for
which compensation is not payable under the Workers'
Compensation Act.
ARTICLE 23 - LEAVE OF ABSENCE
23.01
For Union Business With the Employer
Time off with pay shall be granted to not more than two (2) elected
representatives of the Union when it becomes necessary to transact
business with the Employer during working hours. It is the intent of
the parties that these meetings be scheduled between bus runs,
whenever possible, this time shall be paid at the employee's regular
rate.
23.02
other Union Business
Leave without pay may be granted to not more than two (2)
representatives of the Union at anyone time to attend to Union
business provided that three (3) working days notice be given to
the Company before the time off is required. The Employer shall
maintain the employee's regular wage and benefits. The Union
shall reimburse the Employer for the employee's regular wages and
benefits for such leave.
between
and CUPE Local 439
November 26, 2007 • June 30, 2009
26
23.03
Bereavement Leave
A regular employee shall be granted a maximum of two (2) working
days leave without loss of salary or wages, depending on the
circumstances, in the case of death in the family (parent, spouse,
child, brother, sister, grandparent, grandchild, daughter-in-law,
son-in-law, or any person who lives with the employee as a
member of the employee'S family). Also included are father-in-law,
mother-in-law, sister-in-law, brother-in-law, and stepfamily if time
off is required.
23.04
Jury Duty
When an employee is required to serve on a jury, or is subpoenaed
as a Crown Witness, the employee shall be granted a leave with
pay. The employee shall receive his/her regular wages and all
monies received from the Court shall be given to the Employer.
23. 05
Maternity, Parental, and .Adoptive Leave
(a)
Maternity and parental leave without pay will be granted
pursuant to the Employment Standards Act.
(b)
In addition to the provisions of the Employment Standards
Act all leaves of absence without pay requested for the
remainder of that school year or calendar year will be
granted.
(c)
Employees granted leave per (b) above must submit a
written notice of their intention to return to work to the
Employer at least six (6) weeks prior to the date they wish
to return.
(d)
A terminated pregnancy shall be treated in the same manner
. as a birth under the Employment Standards Act.
And in addition to the foregoing:
(e)
Employees with three (3) or more years of service may be
granted up to twenty-four (24) months leave of absence
without pay upon written application by March 15th. Leave
under this Article must expire on June 30th in any year.
between
Cardinal Coach Lines LTD, d,b.a. First Student Canada, cardinal Transportation LTD/ Courtenay Operation
and CUPE Local 439
November 26, 2007 - June 30, 2009
27
(f)
23.06
Employees granted leave per (e) above must submit a
written notice of their intention to return to work by March
15th of the year they intend to return. Employees will be
given employment and, where possible, will be employed in
a position equivalent to the one held prior to the
commencement of leave.
Short Term Leave of Absence
The Employer may grant leave of absence without pay and without
loss of seniority to any regular employee requesting same up to a
yearly maximum of forty (40) accumulative working days.
23.07
23.08
Long Term Leave of Absence - School Year
(a)
Long term leave of absence in excess of forty (40)
consecutive working days may be granted to any regular
employee with three (3) or more years of service for good
and sufficient cause. Returning employees will be given
employment with an adjusted seniority date and, where
possible, in a position equivalent to the one held prior to
commencement of leave.
(b)
Employees seeking a leave of absence for the entire school
year must submit a leave of absence form with a supporting
letter by March 15th for the subsequent school year. Any
extensions requested for the following school year must be
made by March 15th.
Leave for Public Duties
The company recognizes the right of employees to participate in
public affairs. Upon request to the Company, an employee may be
granted leave of absence without pay to allow that employee to
stand as a candidate in federal, provincial or municipal elections.
An employee who is elected to public office may, upon request, be
granted leave of absence without pay and without seniority
accumulation during the term of office.
between
Cardinal Coach Lines LTD, d,b.a, First SbJdent Canada, Cardinal Transportation LTD, Courtenay Operation
and CUPE Local 439
November 26, 2007 - June 3D, 2009
28
ARTICLE 24 - PAYMENT OF WAGES AND ALLOWANCES
24.01
How Wages are to be Paid
Employees shall be paid bi-weekly (Friday); the method of payment
shall be by direct deposit.
When an employee's pay cheque is short by a net fifty dollars
($50.00) or more due to Company error, the Company will issue to
the employee (cash or cheque) the full amount within forty-eight
(48) hours. Amounts under a net fifty dollars ($50.00) shall be paid
in the next pay period.
24.02
Deductions
Except as permitted, or required by an enactment of British
Columbia or Canada, the Employer shall not directly or indirectly
withhold, deduct or require a payment of all or part of an
employee's wages for any purpose.
24.03
Wage Statements
The Employer shall provide each employee a separate or
detachable written or printed itemized statement in respect to all
wage payments made to such employee. Such statement shall
outline the total hours worked or paid for, the total overtime
worked, the rate of wages applicable and all deductions made from
the gross amount of wages.
In addition the Employer shall also provide each Employee a copy
of their bi-weekly time sheet itemizing the daily runs used to
calculate bi-weekly payment.
24.04
Acting Temporary Capacity
When an employee is temporarily required to perform the principal
higher-level duties of a position in a higher paying classification,
the employee shall be paid for the time worked in the position as if
promoted to it. If the temporary aSSignment is to a position in a
lower classification, the employee shall continue to be paid at the
employee's regular rate.
bebNeen
_
Cardinal Coach Lines LTD, d,b,a. First Student Canada, Cardinal Transportation LTD, Courtenay Operation
and CUPE Local 439
November 26, 2007 - June 30, 2009
29
24.05
Safe Driving Bonus
A safe driving bonus
circumstances prevail:
shall
be
paid
when
the
following
(a)
Based on Company Vehicle only;
(b)
Paid every twelve (12) months with the two (2) summer
months counting towards the twelve (12) months whether or
not the employee works the summer months;
(c)
The bonus amounts are as follows:
First (1 st) Year - Fifty dollars ($50.00)
Second (2 nd ) Year - One hundred dollars ($100.00)
Third (3 rd) Year - One hundred fifty dollars ($150.00)
Fourth (4th) Year - Two hundred dollars ($200.00)
Fifth (5 th ) Year - Two hundred fifty dollars ($250.00)
The full Safe Driving Bonus shall be paid to each new
employee(s) who started their employment during the
month of September and who has worked through to August
31 st. Any employee starting their employment after
September 30 th and who have completed probation will
receive the safe driving bonus on a pro-rated basis.
Payment shall be made during the month of September each
year.
24.06
Clothing
The Employer agrees that if an employee is required to wear any
kind of uniform as a condition of employment, the Employer shall
furnish such uniform and the Employer shall pay one hundred
percent (100%) ofthe cost.
between
and CUPE Local 439
November 26, 2007 - June 30, 2009
30
ARTICLE 25 - JOB CLASSIFICATION AND RECLASSIFICATION
25.01
The Union shall be notified of any reclassification of positions, runs,
promotions, vacancies within the operation, adjustments in wages
or alterations of working conditions affecting any employee, five (5)
working days prior to such changes being affected.
25.02
Elimination of Present Classifications
Existing Classifications shall not be eliminated or changed without
prior agreement with the Union.
25.03
Changes in Classification
The Employer shall set the temporary rate of pay for any new
classifications created. If the Parties cannot agree on the
reclassification and/or rate of pay for the job in question, such
dispute shall be submitted to grievance and arbitration for
determination. The new rate shall become retroactive to the time
the new position was filled by the employee or the date of change
in job duties.
25.04
Current Job Description
The Employer and the Union shall agree to establish job
descriptions for all current employees. If the Parties cannot agree,
the issue shall be submitted to grievance and arbitration for
determination.
ARTICLE 26 - EMPLOYEE BENEFITS
26.01
Employee Benefit Entitlement
Employees shall receive fifty cents ($0.50) per hour in lieu of
benefits. Effective September 1st, 2008, employees shall receive
seventy-five cents ($0.75) per hour in lieu of benefits.
between
and CUPE Local 439
November 26, 2007 - June 30, 2009
3]
ARTICLE 27 - HEALTH AND SAFETY
PREAMBLE
1.
The Workers Compensation Act requires the establishment of a Joint
Health and Safety Committee where twenty or more workers are regularly
employed at a workplace. (sec.12S)
Notwithstanding the above, a WorkSafe order, in writing, can require an
employer to establish one or more Joint Health and Safety Committees.
(sec.126)
2.
It is our firm belief that through joint education programs, jOint
investigation of problems, and jOint resolution of those problems,
workplace safety will be enhanced and will be a more healthy and safe
environment for all employees.
3.
The Parties acknowledge that the proper functioning of Joint Health and
Safety Committees can only be carried out where the representatives of
the employer and the employees are committed to these responsibilities.
To effect this, the undersigned undertake to make decisions that will be
carried out by their respective organizations,
4,
The Parties here adopt these guidelines in good faith and agree to
promote and assist the Joint Health and Safety Committees whenever and
wherever possible.
5.
The Company and Union agree that safety is everyone's responsibility.
The Company will provide a safe work environment, and it is the
employees' responsibility to work safely. All employees should report
safety concerns and issues to their supervisor and Union representative
immediately upon them being discovered.
STRUCTURE OF THE JOINT HEALTH AND SAFETY COMMmEE
1.1
The Joint Health and Safety Committee (referred to hereafter as "the Joint
HSC") shall consist of three (3) members. There shall be two (2) CUPE
members selected by the Union and one (1) member selected by the
employer. (sec. 127 a & b, 128, 129)
1.2
There shall be two (2) Co-chairpersons, one (1) from the Employer and
one (1) from the worker members, appointed for a definite period (12
months) who shall alternate the Chair at meetings, (sec. 127 d)
between
and CUPE Local 439
November 26, 2007 - June 30, 2009
32
1.3
A Co-chairperson may! with the consent and approval of his/her
counterpart! invite an additional person(s) to attend the meeting to
provide additional information and comment but they shall not participate
in the regular business of the meeting. (sec. 129/ 131)
FUNCfIONS OF THE JOINT HEALTH AND SAFETY COMMmEE
2.1
Meetings shall be held monthly. (sec. 131.2)
2.2
The functions of the Joint HSC shall be: (sec. 130)
a)
To ensure that education and training programs are sufficient! that
all employees are thoroughly knowledgeable of their rights!
restrictions! responsibilities and duties under the Workers
Compensation Act and Occupational Health and Safety Regulation;
b)
To recommend a resolution of all matters pertaining to health and
safety in the workplace that have been referred to it;
c)
It is the function of a committee and it has power to:
d)
(I)
identify situations that may be a source of danger! or hazard
to workers;
(II)
make recommendations to the employer and the workers for
the improvement of the health and safety of workers; and
(III)
Recommend to the employer and the workers! the
establishment! maintenance and monitoring of programs!
measures and procedures respecting the health and safety
of workers.
Obtain information from the employer respecting:
(I)
the identification of potential or existing
materials! processes or equipment; and
(II)
health and safety experience! work practices and standards
in similar or other industries of which the employer has
knowledge.
between
and CUPE Local 439
November 26, 2007 - June 30, 2009
hazards
of
33
__
I
e)
Shall investigate all accidents/incidents that have occurred since
the previous meeting.
2.3
All concerns will be sent to the President of the Company or their
designate, who will decide on the action required, identify the person(s)
responsible for resolution and determine a time frame for resolution of the
matter. The Director or their designate will respond in writing within
twenty-one (21) days of receiving such recommendations to both Cochairpersons detailing their decision. (sec. 133)
2.4
Committee members will thoroughly investigate all complaints to get all
the facts and will exchange these facts when searching for a resolution to
the problem. All problem resolutions will be reported in the Minutes.
2.5
All work sites shall be inspected by a worker member of the Joint HSC at
least once every two (2) months and more often if required. (sec. 130 i)
2.6
The Union members of the Joint HSC shall assign a work location to each .
member. The member will be the deSignated person responsible for any
ofthe following occurrences in their assigned area:
a)
In the event of an investigation involving a work refusal;
b)
To accompany a WorkSafe Representative on an inspection tour; or
c)
To investigate any incident involving
accident/sickness that resulted in lost time.
a
fatality
or
an
2.7
The local Union shall appoint an alternative from the local membership to
represent that Joint HSC member if he/she is absent from work. The
name and work location of the members of the Joint HSC and their
alternate shall be sent to the Employer and to the Local WorkSafe
Regional Manager responsible for the Prevention Division.
2.8
The Employer will post the name, work location and contact number of
each committee member and alternate along with the reports of the past
three (3) most recent Minutes from the Joint HSC meetings and all copies
of any applicable WorkSafe orders and reports. (sec. 138 a & c)
MINUTES OF MEETINGS
3.1
The Employer will supply a secretary for the meeting to take minutes and
be responsible for having the minutes (reports) typed, circulated and filed
between
cardinal Coach Lines LTD, d.b.a. First Student Canada, Cardinal Transportation LTD, Courtenay Operation
and CUPE Local 439
November 26, 2007 - June 30, 2009
34
I
. -_ _
.
__
.
_ _
. _ _1
within one (1) calendar week of the meeting or as the Committee may
from time to time instruct. Minutes of meetings will be reviewed, and
edited where necessary by the Co-chairpersons, then signed and
circulated to all committee members with a copy forwarded to the Director
and Local Unions, before any broader circulation takes place. Agenda
items will be identified by code and number, and be readily available in a
proper filing system. Filing facilities and secretarial services will be
available to Co-chairpersons. (sec. 137.1)
QUORUM
4.1
The Joint HSC shall have a quorum of fifty percent (50%) plus one (1)
member present in order to conduct business. Fifty percent (50%) of
those present must represent workers. (sec. 127 c)
4.2
One (1) Co-chairperson must be present in order to conduct business. If
a Co-chairperson is absent, the other Co-chairperson will chair the
meeting.
ATTENPANCE AT MEETING
5.1
Attendance at a committee meeting will be paid for at the member's
current rate of pay for performing work, and the time spent at meetings is
to considered as time worked.
5.2
All time spent on other committee duties such as inspection tours,
representing workers in work refusal situations, accompanying a WorkSafe
representative, and any work assigned by the committee will be paid in
the same manner. (sec 134.1 a & b)
EDUCATION LEAVE
6.1
Each joint committee member and their alternate will receive a minimum
of eight (8) hours paid education leave annually in accordance with Article
5.1. As training may not always be available in the area, WorkSafe will be
contacted in order to obtain appropriate training for committee members.
(sec 135.1,135.2, 135.3)
6.2
Both parties must agree to the training course being received. If there is a
disagreement, the parties may choose to either have a WorkSafe
Representative resolve the issue, or receive their training separately as
long as it meets the requirements and WorkSafe approval.
between
Cardinal Coach Lines LTD, d,b,a. First Student Canadal Cardinal Transportation LTD, Courtenay Operation
and CUPE Local 439
November 26, 2007 - June 30, 2009
35
~--~-~~~--.~~~~~~~-'
MEETING AGENDA
7.1·
Each Co-chairperson will prepare an agenda and forward a copy of his/her
agenda to their counterpart at least one (1) week prior to the meeting to
approve the agenda.
7.2
All items raised from the agenda in the meeting will be dealt with on the
basis of consensus rather than by voting.
7.3
All items that are resolved will be reported in the Minutes. Ongoing items
will be placed on the agenda for the next meeting, or a special meeting
will be called to address the issue properly before making a
recommendation.
(Ongoing items are those that require further
investigation).
8.1
All employees will be encouraged to discuss their problems with their
immediate supervisor before bringing it to the attention of the committee
representatives. (sec. 116.2 e)
8.2
A WorkSafe Representative, Employer Representative or a CUPE
Representative may attend and have voice in committee meetings only at
the request of both Co-chairpersons.
8.3
Any amendments, deletions or additions to these terms of reference must
have the consent of the Joint HSC and shall be set out in writing and
attached hereto.
ARTICLE 28 - TECHNOLOGICAL CHANGES
28.01
Reference to Labour Code
In the event of Technological Change or other change, the Parties
agree to refer to Section Fifty-Four (54) of the Labour Relations
Code of British Columbia.
between
36
and CUPE Local 439
November 26, 2007 - June 30, 2009
- -
....
_---._--_.--
------
--
ARTICLE 29 - CHARTERS
29.01
All charters shall be posted on a bulletin board as soon as the
Employer receives them. The posting information shall include:
location,duration, and bus type.
29.02
Charters List
There will be two lists created which will determine how charter
runs are assigned:
(a)
Charters during the school year (Short duration [less than
four (4) hours] and Long duration [four (4) hours or
greater]).
i)
(b)
29.03
Regular employees shall add their name to a list
expressing their interest. This list shall be created two
(2) times per year, September 1st and February 1st of
each calendar year.
Charters during the summer months (July - August)
i)
Regular employees shall add their name to a list
expressing their interest. This list shall be created
June 1st of each calendar year.
ii)
Regular employees refusing three (3) charters without
just cause shall be removed from the summer list.
Assignment of Charters
Assignment of Charter for short duration shall be assigned to a
driver who is assigned to a school in the same geographic area by
seniority and qualifications.
Assignment of Charters of long duration shall be done in order of
seniority and qualifications and on a rotating baSis of regular
employees.
When a run is cancelled, the employee shall be offered the next
charter with similar hours.
between
and CUPE Local 439
November 26, 2007 - June 30, 2009
37
29.04
29.05
Out of Town Trips
(a)
An employee who travels outside the Company's bus
contract area shall be reimbursed the necessary and
reasonable hotel and meal costs upon producing receipts.
(b)
Employees performing work in excess of eight (8) hours and
who travel more than a one hundred (100) kilometer radius
from the Courtenay Depot shall be reimbursed meal costs
upon producing receipts to a maximum of ten dollars
($10.00). This meal reimbursement maximum only applies to
this Article 29.04 (b).
Cancelled Charters
The Company agrees to notify employees of cancellation of
scheduled charter bus assignments.
Where two (2) hours notice is not provided, the employee shall be
paid one (1) hour regular wage in lieu of notice.
ARTICLE 30- GENERAL CONDITIONS
30.01
Courses of Instruction
The Employer agrees to pay for the full cost of any course of
instruction approved by the Employer for any employee to better
qualify the employee to perform work for the Employer.
30.02
Harassment
The Employer and its employees recognize the right and
responsibility of employees to work in an environment free from
sexual or personal harassment. An employee shall initiate a
grievance at any time during the investigation process.
30.03
Bulletin Board
The Employer shall supply a bulletin board so that the Union may
post information of interests to its members.
between
Cardinal Coach Lines LTD, d,b,a. First Student Canada, Cardinal Transportation LTD, courtenay Operation
and CUPE Local 439
November 26, 2007 - June 30, 2009
38
30.04
Union Logo
Union members shall be entitled to wear a lapel pin displaying the
Union logo as well as have the CUPE Union logo displayed on
personal clothing.
30.05
Whenever the singular or masculine is used in this Agreement, it
shall be considered as if the plural or feminine has been used
where the context of the Party or Parties hereto so requires.
30.06
Copies of Agreements
The Company and the Union agree to print the Agreement and
share equally in the costs.
between
and CUPE Local 439
November 26, 2007 - June 3D, 2009
39
ARTICLE 31 - TERM OF AGREEMENT
31.01
This Agreement shall be binding and remain in full force and effect
from November 26 th , 2007 to June 30 th , 2009 and shall continue
from year to year unless either Party exercises its rights to
commence collective bargaining as provided for in the Statutes of
the Province of British Columbia.
31.02
If negotiations extend beyond the anniversary date of the
Agreementr both Parties shall adhere fully to the provisions of this
Agreement during the period of bona fide collective bargaining.
31.03
All revisions to the Collective Agreement mutually agreed upon
shall, unless otherwise specified, apply retroactively to the
aforesaid anniversary date.
IN WITNESS WHEREOF the Parties hereto have caused these present to be
signed, by their respective officers and thereunto lawfully authorized in that
behalf this
day of
, 2008.
SIGNED ON BEHALF OF:
SIGNED ON BEHALF OF:
d.b.a. FIRST STUDENT CANADA
Courtenay Operation
CANADIAN UNION OF PUBLIC
EMPLOYEES, LOCAL 439
- General Manager
(d Jensen - Division Manager
::f1f!jJ,v
Lydia! Cox - Unit Vice
Terry alters - Committee
Member
Trish Andrews - National
Representative
between
40
Cardinal Coach Lines LTD, d.b.a. First Student Canadal Cardinal Transportation LTDI Courtenay Operation
and CUPE Local 439
November 26, 2007 ' June 30, 2009
SCHEDULE "Au
November 26, 2007
September 1, 2008
$13.73
$14.15
$14.66
$15.36
$15.86
$16.43
$14.07
$14.50
$15.03
$15.74
$16.26
$16.84
$12.85
$13.19
$13.68
$14.26
$14.67
$15.12
$13.17
$13.52
$14.02
$14.62
$15.04
$15.50
Year 1
Year 2
Year 3
Year 4
Year 5
Year 6 and Greater
$10.75
$11.12
$11.60
$12.09
$12.48
$12.85
$11.02
$11.40
$11.89
$12.39
$12.79
$13.17
Non Revenue
$10.64
$10.91
CLASSIFICATION
Driver - Class 2
Year 1
Year 2
Year 3
Year 4
Year 5
Year 6 and Greater
Driver - Class 4
Year 1
Year 2
Year 3
Year 4
Year 5
Year 6 and Greater
Aides
between
and CUPE Local 439
November 26, 2007 - June 30, 2009
41
LETTER OF UNDERSTANDING #1
RE: SCHOOL ROUTES
BETWEEN:
d.b.a FI~ST STUDENT CANADA
COURTENAY OPERATION
AND:
THE CANADIAN UNION OF PUBLIC EMPLOYEES
LOCAL 439
The Parties hereto agree to the following:
The Parties recognize school routes are the first priority of Bargaining Unit
employees.
Employer:
/lfM~
Date:
~ JQ, XJ()f
between
Cardinal Coach Lines LTD, d,h.a. First Student Canada, Cardinal Transportation LTD, Courtenay Operation
and CUPE Local 439
November 26, 2007 - June 30, 2009
42

WUD22 - Labour Relations Board

Transcription

Similar documents

DEMANDE DE RELEVÉ D`EMPLOI

THE EMPLOYER SOLUTION

APPLICATION FOR EMPLOYMENT

AVS24 2.4 GHZ Wireless Audio/Video Sender

Page 1 PLEASE PRINT CLEARLY. APPLICANTS

WORKING COPYX Page 1 - Carl B Klean Gift Shoppe

Atlanta, GA - Plato`s Closet

Wyoming Report of Injury - Wyoming Department of Workforce

HEMINEVRIN - Alcohol and Alcoholism

application for employment