Overtime Scheduling Provisions of this language is supplemented by the National Agreement as long as the National Agreement is in effect. See Exhibit, 1.H.3 “Mandatory Overtime Documents.” 907 Scheduled overtime shall be offered by classification seniority within the licensed pharmacy. Unscheduled overtime shall be offered by classification seniority to those employees present when the need for overtime arises. Unclaimed overtime whether scheduled or unscheduled, before being assigned to the least senior employee(s) within a classification who shall be required to work the overtime, will first be offered by bargaining unit seniority to any member of the bargaining unit within the licensed pharmacy who can perform the work. 908 Job Posting 909 Notices of all job openings within the bargaining unit shall be posted by the Employer by the usual and customary job posting process. The job posting notice may include special qualifications for the classification, and will be posted concurrently internally and externally for a minimum of seven (7) calendar days with the exact beginning and ending posting date. 910 Bidding on Posted Openings 911 After completion of an initial probationary period of at least ninety (90) calendar days in a position, employees shall be allowed to electronically submit a request through the Employer’s usual and customary job bidding process for posted jobs for posted jobs in higher-rated or lateral classifications available within their Area Pharmacy Operation. Where two (2) or more employees have submitted requests for the same job, seniority, as defined in Paragraphs 902 and 912, shall prevail where qualifications to perform the work of the new job are relatively equal. Where the seniority of two (2) or more employees bidding for the job opening is the same, the date of the individual employee’s original employment application shall be used to determine the senior employee. If an issue of seniority remains, representatives of the parties will meet to resolve the matter. An employee may be denied an opening regardless of seniority, if said employee has a current Final Warning in file. 912 Seniority for bidding on any posted opening within the bargaining unit shall prevail first by classification seniority within the Area Pharmacy Operation where openings exist, then to employees by bargaining unit seniority within the Area Pharmacy Operations. Thereafter, employees by classification seniority at any licensed pharmacy within the Southern California Region and finally employees by bargaining unit seniority at any licensed pharmacy within the Southern California Region will be considered for any posted opening provided a request form is on file with the Area Personnel Office prior to the end of the posting period. Employees who successfully bid on a posted position shall not be unreasonably delayed in assuming the new position. 913 Employees who move to a posted opening shall have a trial period of not less than ninety (90) calendar days. During such ninety (90) day trial period, the employee shall be given thorough instruction and proper orientation in the new work and shall be given an evaluation by the Employer between the fortieth (40th) and fiftieth (50th) day from the date in the new position. After such trial period, if the employee is unable to perform the duties of the new position satisfactorily said employee will be restored to the position immediately held prior to the new position without discrimination. During the trial period, an employee may be restored to their former position where it is determined that clear and present danger exists by allowing said employee to remain in the new position. An employee who is voluntarily reassigned pursuant to Article IX shall have seven (7) calendar days to change their mind and upon written request, shall be returned to their former position. This right shall be available only once during the term of the agreement. If additional circumstances occur, the Union and the Company will meet and confer. 914 For bidding and reduction in force purposes only, the Antelope Valley pharmacy locations will be considered as an Area Pharmacy Operation. 915 Temporary Position 916 If a position opens on a temporary basis, it will be treated as any job opening for bidding purposes. When a temporary position ceases to exist, the employee holding the position will return to his or her former job and employees displaced as a consequence can similarly return to their former position. If a temporary position becomes permanent, it must be posted as a permanent job. Employees awarded a temporary position will not accumulate classification seniority and will not have area seniority while assigned to said position, but will retain and continue to accumulate classification seniority and will maintain area seniority on his or her permanent position. 917 Reduction in Force 918 Where inconsistent this language is supplemented by the National Employment Income Security Agreement as long as the National Agreement is in effect. 919 Reduction in force will be accomplished by classification and status within each licensed pharmacy.
Employee Workload The Employer shall ensure that an employee’s workload is not unsafe as a result of employee absence(s). Employees may refer safety related workload concerns to the Occupational Health and Safety Committee for investigation under Article 22.3 (Occupational Health and Safety Committee).
Vacation Scheduling (a) Employees shall indicate their vacation preference by March 31st of each year, and the Employer shall post the final vacation schedule by May 1st of each year. Choice of vacation period shall be based on seniority but shall be determined by the Director of Resident Care or designate having due regard to the proper operation of the Home. Vacation requests made after the posting of the vacation schedule shall be determined by the Director of Resident Care or designate having due regard to the proper operation of the Home on a first come first served basis, not on the basis of seniority.
(b) Requests for vacation shall not be unreasonably and/or arbitrarily withheld.
(c) Once the Employer has responded to a vacation request, no further changes will be allowed unless mutually agreed otherwise. No changes shall be allowed in the schedule except upon consent of the Employees affected and the Employer.
(d) The number of staff allowed to be on vacation at the same time will be determined by the home. The number will not be unduly restrictive.
(e) Prior to leaving on vacation, an employee shall be notified of the date and time on which to report back for work following vacation if the posted work schedule does not cover the Employee's vacation period, if the information is known by the Employer.
(f) Employees may request pursuant to Article 13.08 to have the weekend off prior to or following their vacation. The Employer will endeavour to schedule such request subject to the following:
i) Where the weekend off is granted and the Employee was otherwise scheduled to work on those days, such extra days will be deemed to be vacation days;
ii) The Employee must have such vacation entitlement available; and,
iii) The weekend off being requested must be contiguous with (i.e. consecutive with) the
Project Employment A. Permanent project employees have layoff rights. Options will be determined using the procedure outlined in Sections 35.9 and 35.10, above.
B. Permanent status employees who left regular classified positions to accept project employment without a break in service have layoff rights within the Employer in which they held permanent status to the job classification they held immediately prior to accepting project employment.
Employee Safety
A. All incidents of workplace violence, unsafe equipment or job conditions shall be brought to the attention of the immediate supervisor, or in their absence, the next higher level of supervision. Should the unsafe condition not be corrected within a reasonable time, the equipment or job practice shall be brought to the attention of the Safety Committee. Additionally, employees shall report any exposure to known or suspected carcinogens in writing on a separate form. A copy of the form shall be sent to the Local Safety Committee. Employees have the right to file complaints with the State Department of Labor and Industry OSHA Division.
B. Any protective equipment or clothing, e.g., safety glasses or other types of eye protection (including prescription lenses and frames when required), safety helmets, safety vests, welding gloves and aprons, safety shoes, ear protection, protective gloves, etc., shall be provided and maintained by the Appointing Authority whenever such equipment is required as a condition of employment either by the Appointing Authority, by OSHA, or by the Federal Mine Safety and Health Administration. The employee shall have the responsibility to use all such provided protective equipment (see Article 20, Section 11).
C. All employees who are injured or who are involved in an accident during the course of their employment shall file a first report of injury and/or an accident report, on forms furnished by the Appointing Authority, no matter how slight the incident. A summary of the first report of injury and/or accident report shall be furnished to the Safety Committee. All such injuries shall be reported to the employee's immediate supervisor and any necessary medical attention, including transportation if required, shall be arranged. The Appointing Authority shall provide assistance to employees in filling out all necessary Workers' Compensation forms, when requested.
D. Any medical examination required by the Appointing Authority shall be at no cost to the employee and the Appointing Authority shall receive a copy of the medical report. Upon request, the employee shall receive a copy of the medical report.
E. During every four (4) hour period in which an employee spends all their time on a computer, the employee will be given a five (5) minute alternative work assignment or if this is not practicable, a five (5) minute rest period scheduled to interrupt continuous operation of the machine. This five (5) minute rest period is in addition to the formal rest period provided in Article 5, is not cumulative, and cannot be used at the beginning or end of a shift, formal rest breaks, or a lunch period.
F. Any pregnant employee assigned to work with Department of Corrections' inmates, may request reassignment to alternate work within her seniority unit. The Appointing Authority will attempt to accommodate such a request. Such reassignment shall not be subject to the provisions of Article 12, Section 4. In the event that such reassignment is not practicable, the employee shall have the right to request an unpaid leave of absence, pursuant to Article 10, Section 0X.
Secondment Where an Employee is being seconded from the Employer to a position involving the Health Sector of the Broader Public Sector, the terms and conditions of the secondment agreement will be established by agreement of the Employer and the Union.
Innovative Scheduling Schedules which are inconsistent with the Collective Agreement provisions may be developed in order to improve quality of working life, support continuity of resident care, ensure adequate staffing resources, and support cost-efficiency. The parties agree that such innovative schedules may be determined locally by the Home and the Union subject to the following principles:
(a) Such schedules shall be established by mutual agreement of the Home and the Union;
(b) These schedules may pertain to full-time and/or part-time employees;
(c) The introduction of such schedules and trial periods, if any, shall be determined by the local parties. Such schedules may be discontinued by either party with notice as determined through local negotiations;
(d) Upon written agreement of the Home and the Union, the parties may agree to amend collective agreement provisions to accommodate any innovative unit schedules;
(e) It is understood and agreed that these arrangements are based on individual circumstances and each agreement is made on a without prejudice or precedent basis.
(f) It is understood and agreed that these arrangements can be utilized for temporary job postings for seasonal coverage (e.g. weekend workers, etc.).
New Employee Orientation The Union will provide each agency personnel director with the names and addresses of up to two (2) authorized Union representatives per agency to receive notice of each formal orientation meeting held by the Department. The notice will be sent as soon as such meetings are scheduled (but not less than ten (10) days in advance) and will include date, time and location. Due to operational exigencies, agencies may schedule an orientation which will provide the Union with less than the requisite ten (10) days' notice; however the Union shall be notified as soon as possible after the scheduling of the orientation and the Union representative shall be released from duty. Agencies shall routinely schedule orientations in a manner that will allow for the ten (10) day advance notice to the Union. During the formal orientation, the Union will be permitted to give a twenty (20) minute presentation which may include an enrollment in supplemental Union benefits. The parties shall encourage employee attendance, although attendance shall not be mandatory if an employee objects to attending the presentation. In the event a formal orientation meeting is not held, or the Union is unable to attend the formal orientation because the designated Union representatives cannot be released under Article 4, the Employer shall allow the Union representative and the employee(s) to meet during duty hours at a mutually agreed upon time and location for twenty (20) minutes Employee participation in these meetings shall be encouraged although an employee shall not be required to attend such a meeting.
Part-time Scheduling Subject to Section B of this Article, the Employer and the Association endorse the principle that less than full time equivalent ("FTE") positions shall, within reason, be expected to work a biweekly work period that equates to an eighty (80) hour work period multiplied by the position's FTE. (e.g., 80 hours @ .75 = 60 hours). It is further understood by both parties that ASF Members assigned to less than a FTE position may be required, during the peak work periods, to exceed their normal biweekly work period. FLSA non-exempt ASF Members who work a part-time schedule will earn overtime for hours worked in excess of forty (40) in a work week. The Employer agrees to review any ASF position that is less than one (1) FTE if the Association can demonstrate that the position has regularly been required to work a work period that substantially exceeds the normal work period as defined above, and adjust the FTE of the respective position as deemed appropriate by the Employer.
Transition Services The Purchasers will provide to the Sellers termination assistance as reasonably requested in order to provide an orderly transition following the termination of the Agreement (or any portion thereof), and the Sellers will provide to the Purchasers reasonable cooperation and assistance in connection therewith. In connection with this transition assistance, the Purchasers and Sellers will reasonably cooperate in the transition of the Services from the Purchasers to any Replacement Provider. With respect to the Serviced Appointments subject to termination, the Sellers shall provide the Purchasers with notice of the effective date (each, a “Transition Effective Date”) of the transition of the Services to a Replacement Provider. Notwithstanding any termination of the Agreement (or any portion thereof) in accordance with this Article II, with respect to the Serviced Appointments subject to termination, the rights and obligations of the parties under the Servicing Agreement shall remain in effect until the applicable Transition Effective Date.
