Common use of Clause 20 Clause in Contracts

Clause 20. 03(a) shall not apply where the operational needs of a program or work area makes it necessary to reduce an Employee’s rest period in order to meet that operational need. In these circumstances however, an Employee shall have at least twelve (12) hours off between changes in shifts, except in the case of overtime work or as otherwise mutually agreed by the Parties. This Clause applies to Employees working in: (i) patient clinics in Cancer Care with evening services; (ii) Addiction Services with evening services; or (iii) programs, the operation of which requires staggered start and end times, to the extent of that need, such as: (A) programs where employees rotate through staggered start and end times for health and safety purposes; (B) programs where there are staggered start and end times and there is reduced coverage on weekends and the reduced rest period is necessary for that weekend coverage; and (C) programs where staggered start and end times are in place and Employee schedules provide for twelve (12) hours rest between shifts in order to ensure that Employees maintain their FTEs. 20.04 The first (1st) shift of any day will be the one on which the majority of hours are worked on that day. (a) Except for Employees identified under Clause 20.01(b), time off duty for meals will not be considered as working time and will not be less than one- half (1/2) hour in each shift. If an Employee is recalled to duty during a meal break, compensating time shall be provided later in the shift or paid to the Employee at overtime rates. (b) Employees covered under Clause 20.01(b) shall be provided with a paid meal break at the Basic Rate of Pay for not less than one-half (1/2) hour in each shift. (c) A paid rest period of fifteen (15) minutes will be permitted during each full one-half (1/2) shift, the time of which shall be scheduled by the Employer. Paid rest periods will not be scheduled in conjunction with meal breaks, starting times, quitting times, or taken together except by mutual agreement between the Employee and the Employer. If an Employee is unable to take their paid rest period or is recalled from their paid rest period, compensating time shall be provided later in their shift or paid to the Employee at an additional one times (1X) their Basic Rate of Pay. (d) The time of meal breaks and rest periods shall be determined by the Employer. In making this determination the Employer will consider Employee preferences. (a) Hours of work, exclusive of meal breaks, for Regular Part-time Employees, other than those listed in (b) below, shall be less than seventy-seven and one-half (77 1/2) hours in each period of fourteen (14) calendar days averaged over one (1) complete cycle of the shift schedule and the normal work day, or shift shall be up to seven and three-quarter (7 3/4) work hours. (b) Hours of work, inclusive of meal breaks, for Regular Part-time Power Engineers, Control Centre Operators and Maintenance Worker IV’s who are scheduled to work a regular eight (8) hour shift in a Power Plant Operation, shall be: (i) up to eight (8) hours per day; and (ii) less than eighty (80) hours in a fourteen (14) calendar day period averaged over one (1) complete cycle of the shift schedule. (c) The first (1st) shift of any day will be the one on which the majority of hours are worked on that day. (d) (i) Except for Employees identified in Clause 20.06(b), hours of work shall exclude an unpaid meal break of not less than one-half (1/2) hour for shifts worked greater than five (5) hours. If an Employee is recalled to duty during a meal break, compensating time shall be provided later in the shift or paid to the Employee at overtime rates.

Clause 20. 03(a) shall not apply where the operational needs of a program or work area makes it necessary to reduce an Employee’s rest period in order to meet that operational need. In these circumstances however, an Employee shall have at least twelve (12) hours off between changes in shifts, except in the case of overtime work or as otherwise mutually agreed by the Parties. This Clause applies to Employees working in: (i) patient clinics in Cancer Care with evening services; (ii) Addiction Services with evening services; or (iii) programs, the operation of which requires staggered start and end times, to the extent of that need, such as: (A) programs where employees rotate through staggered start and end times for health and safety purposes; (B) programs where there are staggered start and end times and there is reduced coverage on weekends and the reduced rest period is necessary for that weekend coverage; and (C) programs where staggered start and end times are in place and Employee schedules provide for twelve (12) hours rest between shifts in order to ensure that Employees maintain their FTEs. 20.04 The first (1st) shift of any day will be the one on which the majority of hours are worked on that day. (a) Except for Employees identified under Clause 20.01(b), time off duty for meals will not be considered as working time and will not be less than one- one-half (1/2) hour in each shift. If an Employee is recalled to duty during a meal break, compensating time shall be provided later in the shift or paid to the Employee at overtime rates. (b) Employees covered under Clause 20.01(b) shall be provided with a paid meal break at the Basic Rate of Pay for not less than one-half (1/2) hour in each shift. (c) A paid rest period of fifteen (15) minutes will be permitted during each full one-half (1/2) shift, the time of which shall be scheduled by the Employer. Paid rest periods will not be scheduled in conjunction with meal breaks, starting times, quitting times, or taken together except by mutual agreement between the Employee and the Employer. If an Employee is unable to take their paid rest period or is recalled from their paid rest period, compensating time shall be provided later in their shift or paid to the Employee at an additional one times (1X) their Basic Rate of Pay. (d) The time of meal breaks and rest periods shall be determined by the Employer. In making this determination the Employer will consider Employee preferences. (a) Hours of work, exclusive of meal breaks, for Regular Part-time Employees, other than those listed in (b) below, shall be less than seventy-seven and one-half (77 1/2) hours in each period of fourteen (14) calendar days averaged over one (1) complete cycle of the shift schedule and the normal work day, or shift shall be up to seven and three-quarter (7 3/4) work hours. (b) Hours of work, inclusive of meal breaks, for Regular Part-time Power Engineers, Control Centre Operators and Maintenance Worker IV’s who are scheduled to work a regular eight (8) hour shift in a Power Plant Operation, shall be: (i) up to eight (8) hours per day; and (ii) less than eighty (80) hours in a fourteen (14) calendar day period averaged over one (1) complete cycle of the shift schedule. (c) The first (1st) shift of any day will be the one on which the majority of hours are worked on that day. (d) (i) Except for Employees identified in Clause 20.06(b), hours of work shall exclude an unpaid meal break of not less than one-half (1/2) hour for shifts worked greater than five (5) hours. If an Employee is recalled to duty during a meal break, compensating time shall be provided later in the shift or paid to the Employee at overtime rates.