Sick Leave Separation Cash Out At the time of retirement from state service or at death, an eligible employee or the employee’s estate will receive cash for their compensable sick leave balance on a one (1) hour for four (4) hours basis. For the purposes of this Section, retirement will not include “vested out of service” employees who leave funds on deposit with the retirement system.
Disabled Veteran Business Enterprises This section is applicable if Contractor received a disabled veteran business enterprise (“DVBE”) incentive in connection with this Agreement. Contractor’s failure to meet the DVBE commitment set forth in its bid or proposal constitutes a breach of the Agreement. If Contractor used DVBE subcontractor(s) in connection with this Agreement: (i) Contractor must use the DVBE subcontractors identified in its bid or proposal, unless the Judicial Council approves in writing replacement by another DVBE subcontractor in accordance with the terms of this Agreement; and (ii) Contractor must within sixty (60) days of receiving final payment under this Agreement certify in a report to the Judicial Council: (1) the total amount of money Contractor received under the Agreement; (2) the name and address of each DVBE subcontractor to which Contractor subcontracted work in connection with the Agreement; (3) the amount each DVBE subcontractor received from Contractor in connection with the Agreement; and (4) that all payments under the Agreement have been made to the applicable DVBE subcontractors. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation.
Leave of Absence for Union Business Negotiation Committee
17.1 The Board acknowledges the right of the Union to appoint or select a Negotiating Committee of not more than five (5) employees plus the Union President and will recognize and deal with this Committee with respect to contract negotiations. Where bargaining takes place jointly with all three (3) CUPE bargaining units, it is understood that the Negotiating Committee will consist of three (3) employees from each bargaining unit and the Union President (total of 10). The Union agrees to provide the names of all Committee members to the Board in writing.
17.2 The Union may have the service of a CUPE Staff Representative, counsel or adviser at any meeting with representatives of the Board during negotiations pertaining to renewal or amendment of the Collective Agreement.
17.3 Members of the Union negotiating committee shall be paid at their regular straight time rate of pay for their regularly scheduled work time spent with officials of the Board for purposes of amending or renewing the Agreement up to and including, but not beyond the stage of conciliation, provided, however, that such committee members shall not be compensated for time spent prior to or beyond their regular working hours.
17.4 Upon request, members of the Union's Negotiating Committee shall be permitted leave of absence to prepare for the commencement of formal contract negotiations with the Board. The total number of days of leave under this Article shall not exceed 28 days during the lifetime of the Agreement and no member shall be absent for more than 4 days for this purpose. The Union shall give the Board a minimum of 5 days advance notice of any such request. An employee on such leave shall continue to receive pay and benefits provided in this Agreement. The Union shall reimburse the Board for all pay and benefits for the period of absence. Union Conventions/Conferences, Local Union Business, Labour College
17.5 Leave of absence without loss of pay and without loss of sick leave credits or seniority shall be granted upon request to the Board to employees elected or appointed to represent the Union at recognized Union conventions or conferences. In addition, up to twenty-five (25) days leave of absence per Agreement year shall be granted for local Union business, and such leave shall be without loss of pay and without loss of sick leave credits or seniority. An employee on any of the foregoing leaves shall receive the pay and benefits provided in this Agreement. The Union shall reimburse the Board for all pay and benefits for the period of absence. Leave of Absence for Union Business
17.6 An employee selected for up to and including a full-time position with the local shall be granted leave of absence without loss of seniority or benefits for a period of up to two years. Such leave shall be renewed each year, on request, during the term of office. An employee on such leave shall receive the pay and benefits provided in this Agreement. The Union shall reimburse the Board for all pay and benefits for the period of absence. Upon completion of the President’s leave, the employee will be returned to his/her position if it still exists, or to a comparable position, if it does not.
17.7 Any employee who is elected or selected for a full-time position with the Union, or any body with which the Union is affiliated, upon application will be granted leave of absence without salary, benefits, and loss of seniority, by the Board for a period of up to one year. Such leave shall be extended annually, upon request, up to a maximum of five years.
LEAVE OF ABSENCE 13.01 The Company may, within its absolute discretion, grant a leave of absence without pay for a period not exceeding thirty (30) days to an employee, such request will not be unreasonably withheld, provided that:
a) the employee gives notice in writing to the Supervisor of his/her request for a Leave of Absence at least thirty (30) days prior to the proposed commencement of the leave of absence (except in the case of emergency), and
b) in the judgment of the Company, the proposed leave of absence can be arranged without inconvenience to normal operations.
c) Leaves of absence of greater than thirty (30) days may be granted by the Company only if deemed to be operationally feasible.
d) Employees on leave of absence must maintain their Union dues. Failure to maintain Union dues will result in loss of all seniority. Leaves of absence of greater than thirty (30) days may be granted by the Company, which shall first consult with the union prior to granting such a leave
13.02 Applicants must indicate, on forms provided by the Company, the expected dates of departure and return when given notice of their request for a leave of absence.
13.03 The Company shall notify in writing both the applicant and the Union of its decision within seven (7) days after the request was made by the employee to the Company.
13.04 The Company has agreed that leave of absence will be administered on the following basis:
1. Requests must be made in accordance with Clause 13.01 (a).
2. Seniority will continue to accrue during such Leave of Absence subject to 13.01 (d).
13.05 Upon return from Leave of Absence without pay, an employee shall have the right to be reinstated to a position equivalent to the one he/she occupied at the time he/she left. If there has been a reduction of manpower during the absence of the employee, he/she shall exercise his/her bumping rights upon his/her return. The Company will use reasonable efforts, in compliance with its human rights obligations, to place the returning employee on a shift that will not result in the displacement of another employee.
