Common use of Night Stocking Clause in Contracts

Night Stocking. The following rules shall apply to night stocking: 1. Night stocking shifts shall commence at 12:01 a.m. five (5) nights per week except as hereinafter provided. 2. As an alternative to Point (1) above, one (1) 12:01 a.m. shift may be worked on any night of the week with the remaining shifts falling within the time outlined in Point (4). 3. Shifts not commencing at 12:01 a.m. shall start on or after 5:00 a.m. and shall end before 12:00 midnight. An employee may, by request, start between 9:00 p.m. and 12:00 midnight and/or 3:00 a.m. and 5:00 a.m., with the understanding that night stocking is defined as any shift that begins between 9:00 p.m. and 5:00 a.m. 4. An employee's shift during one (1) week shall fall within the same eighteen (18) hour span. 5. All General Clerks have the ability to opt into night crew rotation. In order to do so they must commit to working a minimum eight (8) week rotation (excluding vacation, Leaves of Absence etc.). These hours are not claimable by more senior General Xxxxxx who do not choose to opt in. A more senior General Clerk can change their opting in by providing written notice one (1) week prior to the posting of the schedule. Once a more senior General Clerk opts in, the schedule going forward will reflect this change. In the event that not enough General Clerks opt in to serve on night crew, eligible General Clerks will be scheduled on night crew on a rotation basis until the shifts are filled. Employees who choose to remain on such shift longer than two (2) months shall notify the Store Manager, in writing, of their intention to do so. Such request shall not be unreasonably withheld. The Employer is not required to rotate Key Personnel to night stocking shifts, but all other employees within the classification and all unrestricted Grid B employees shall be fairly rotated to the night stocking shift. Employees exempt from this provision are Variety Clerks and Assistant Produce Managers in stores whose volume is greater than four hundred thousand dollars ($400,000.00). Should problems exist in individual stores regarding the rotation list, the parties can refer the matter to Section 4, Joint Labour/Management Meeting (JLM) Process. No employee shall be required to return to the night stocking shift until all eligible employees have had a turn. The Manager, Lead Hand and the Crew shall institute a fair system of scheduling for Night Crews. In the event this should fail, the Union Representative and the Crew shall have the right to file a Grievance under the Collective Bargaining Agreement, "Fair Rotation of Shift" Section. 6. Senior employees whose continuous years of service plus age equals seventy (70), may opt out of Night Stocking Crew. 7. Where two (2) or more employees are working on a night shift in a store where regular or systematic night stocking is in effect and there is not a premium rate Clerk, Assistant Manager or Management personnel in charge, the person in charge shall not be compensated at less than the Lead Hand rate which shall be one dollar ($1.00) per hour over the employee's regular rate. The Employer agrees to schedule Stocking Crews consecutive days of work wherever possible, subject to the operational needs of the store. Where it can be demonstrated that the scheduling of consecutive days of work can be scheduled, the Union and the Employer shall meet and determine a method of solution. The above shall be subject to emergencies as defined in Section 9.14 of this Agreement. No Clerk shall be required to work alone on the premises on night shift. In stores below $400,000 in volume, the Assistant Produce Manager will be included in the night crew rotation.

Night Stocking. The following rules shall apply to night stocking: 1. Night stocking shifts shall commence at 12:01 a.m. five (5) nights per week except as hereinafter provided. 2. As an alternative to Point (1) above, one (1) 12:01 a.m. shift may be worked on any night of the week with the remaining shifts falling within the time outlined in Point (4). 3. Shifts not commencing at 12:01 a.m. shall start on or after 5:00 a.m. and shall end before 12:00 midnight. An employee may, by request, start between 9:00 p.m. and 12:00 midnight and/or 3:00 a.m. and 5:00 a.m., with the understanding that night stocking is defined as any shift that begins between 9:00 p.m. and 5:00 a.m. 4. An employee's shift during one (1) week shall fall within the same eighteen (18) hour span. 5. All General Clerks have the ability to opt into night crew rotation. In order to do so they must commit to working a minimum eight (8) week rotation (excluding vacation, Leaves of Absence etc.). These hours are not claimable by more senior General Xxxxxx Clerks who do not choose to opt in. A more senior General Clerk can change their opting in by providing written notice one (1) week prior to the posting of the schedule. Once a more senior General Clerk opts in, the schedule going forward will reflect this change. In the event that not enough General Clerks opt in to serve on night crew, eligible General Clerks will be scheduled on night crew on a rotation basis until the shifts are filled. Employees who choose to remain on such shift longer than two (2) months shall notify the Store Manager, in writing, of their intention to do so. Such request shall not be unreasonably withheld. The Employer is not required to rotate Key Personnel to night stocking shifts, but all other employees within the classification and all unrestricted Grid B employees shall be fairly rotated to the night stocking shift. Employees exempt from this provision are Variety Clerks and Assistant Produce Managers in stores whose volume is greater than four hundred thousand dollars ($400,000.00). Should problems exist in individual stores regarding the rotation list, the parties can refer the matter to Section 4, Joint Labour/Management Meeting (JLM) Process. No employee shall be required to return to the night stocking shift until all eligible employees have had a turn. The Manager, Lead Hand and the Crew shall institute a fair system of scheduling for Night Crews. In the event this should fail, the Union Representative and the Crew shall have the right to file a Grievance under the Collective Bargaining Agreement, "Fair Rotation of Shift" Section. 6. Senior employees whose continuous years of service plus age equals seventy (70), may opt out of Night Stocking Crew. 7. Where two (2) or more employees are working on a night shift in a store where regular or systematic night stocking is in effect and there is not a premium rate Clerk, Assistant Manager or Management personnel in charge, the person in charge shall not be compensated at less than the Lead Hand rate which shall be one dollar ($1.00) per hour over the employee's regular rate. The Employer agrees to schedule Stocking Crews consecutive days of work wherever possible, subject to the operational needs of the store. Where it can be demonstrated that the scheduling of consecutive days of work can be scheduled, the Union and the Employer shall meet and determine a method of solution. The above shall be subject to emergencies as defined in Section 9.14 of this Agreement. No Clerk shall be required to work alone on the premises on night shift. In stores below $400,000 in volume, the Assistant Produce Manager will be included in the night crew rotation.

Night Stocking. The following rules shall apply to night stocking: 1. Night stocking shifts shall commence at 12:01 a.m. five (5) nights per week except as hereinafter provided. 2. As an alternative to Point (1) above, one (1) 12:01 a.m. shift may be worked on any night of the week with the remaining shifts falling within the time outlined in Point (4). 3. Shifts not commencing at 12:01 a.m. shall start on or after 5:00 a.m. and shall end before 12:00 midnight. An employee may, by request, start between 9:00 p.m. and 12:00 midnight and/or 3:00 a.m. and 5:00 a.m., with the understanding that night stocking is defined as any shift that begins between 9:00 p.m. and 5:00 a.m. 4. An employee's shift during one (1) week shall fall within the same eighteen (18) hour span. 5. All General Clerks have the ability to opt into night crew rotation. In order to do so they must commit to working a minimum eight (8) week rotation (excluding vacation, Leaves of Absence etc.). These hours are not claimable by more senior General Xxxxxx who do not choose to opt in. A more senior General Clerk can change their opting in by providing written notice one (1) week prior to the posting of the schedule. Once a more senior General Clerk opts in, the schedule going forward will reflect this change. In the event that not enough General Clerks opt in to serve on night crew, eligible General Clerks will be scheduled on night crew on a rotation basis until the shifts are filled. Employees who choose to remain on such shift longer than two (2) months shall notify the Store Manager, in writing, of their intention to do so. Such request shall not be unreasonably withheld. The Employer is not required to rotate Key Personnel to night stocking shifts, but all other employees within the classification and all unrestricted Grid B employees shall be fairly rotated to the night stocking shift. Employees exempt from this provision are Variety Clerks and Assistant Produce Managers in stores whose volume is greater than four hundred thousand dollars ($400,000.00). Should problems exist in individual stores regarding the rotation list, the parties can refer the matter to Section 4, Joint Labour/Management Meeting (JLM) Process. No employee shall be required to return to the night stocking shift until all eligible employees have had a turn. The Manager, Lead Hand and the Crew shall institute a fair system of scheduling for Night Crews. In the event this should fail, the Union Representative and the Crew shall have the right to file a Grievance under the Collective Bargaining Agreement, "Fair Rotation of Shift" Section. 6. Senior employees whose continuous years of service plus age equals seventy (70), may opt out of Night Stocking Crew. 7. Where two (2) or more employees are working on a night shift in a store where regular or systematic night stocking is in effect and there is not a premium rate Clerkclerk, Assistant Manager assistant manager or Management management personnel in charge, the person in charge shall not be compensated at less than the Lead Hand rate which shall be forty-five cents (45¢) per hour over the employee's regular rate. Effective November 20, 1988, the rate shall be one dollar ($1.00) per hour over the employee's regular rate. The following rules shall apply to night stocking: (1) Night stocking shifts shall commence at 12:01 a.m. five (5) nights per week except as hereinafter provided. (2) As an alternative to point number (1) above, one 12:01 a.m. shift may be worked on any night of the week with the remaining shifts falling within the time outlined in point number (3). (3) Shifts not commencing at 12:01 a.m. shall start on or after 5:00 a.m. and shall end before 12:00 p.m. (4) An employee's shift during one (1) week shall fall within the same eighteen (18) hour span. (5) Employees regularly assigned to stocking shifts while the store is closed for business shall be rotated to a shift every two (2) months which does not involve regular night stocking unless otherwise mutually agreed in writing between the employee and the Employer (a copy to be sent to the Union). If this is not practically possible in certain stores, the Employer and the Union representative will discuss alternatives that may provide a fair rotation system. (6) Senior employees whose years of service plus age equals 70, may opt out of night stocking crew, subject to operational requirements. The Employer agrees to schedule Stocking Crews stocking crews consecutive days of work wherever possible, subject to the operational needs of the store. Where it can be demonstrated that the scheduling of consecutive days of work can be scheduled, the Union and the Employer shall meet and determine a method of solution. The above shall be subject to emergencies as defined in Section 9.14 5 (c) of this Agreement. No Clerk shall be required to work alone on the premises on night shift. In stores below $400,000 in volume, the Assistant Produce Manager will be included in the night crew rotation.

Night Stocking. The following rules shall apply (a) An employee assigned to night stockingstocking shall have the same starting time each shift for the calendar week except: 1. Night (i) In stores where night stocking shifts shall commence at 12:01 a.m. is not in effect five (5) nights per week except as hereinafter provided. 2. As an alternative to Point (1) aboveweek, there shall be not more than one (1) 12:01 a.m. midnight shift with other shifts during the week, being either day or afternoon shifts. The midnight shift commences Sunday midnight only. (ii) Where there is an issue of a junior part-time employee scheduled more hours on night stocking than a senior part-time employee who has not been scheduled night stocking, and there are no other scheduling options available, the senior part-time employee who has not been assigned to night stocking for the week may be worked on any night of the week with the remaining shifts falling within the time outlined in Point (4). 3. Shifts scheduled not commencing at 12:01 a.m. shall start on or after 5:00 a.m. and shall end before 12:00 midnight. An employee may, by request, start between 9:00 p.m. and 12:00 midnight and/or 3:00 a.m. and 5:00 a.m., with the understanding that night stocking is defined as any shift that begins between 9:00 p.m. and 5:00 a.m. 4. An employee's shift during more than one (1) week shall fall within midnight shift with other shifts during the same eighteen (18) hour spanweek, being day or afternoon shifts. 5. All General Clerks have the ability to opt into (b) Normal night crew rotation. In order to do so they must commit to working a minimum stocking shall not exceed four (4) weeks over an eight (8) week period. Under unusual circumstances and by mutual agreement between Management, the employee, and the Union, the time limit set forth in this paragraph may be altered. (c) Night shift work shall be on a fair rotation (excluding vacation, Leaves of Absence etc.). These hours are not claimable by more senior General Xxxxxx who do not choose to opt in. A more senior General Clerk can change their opting in by providing written notice all staff working the area concerned with the exception of the Assistant Manager and one (1) week prior other designated clerk. (d) The Employer will endeavour to the posting of the schedule. Once a more senior General Clerk opts in, the schedule going forward will reflect this change. In the event that not enough General Clerks opt in to serve on night crew, eligible General Clerks will be scheduled on night crew crews on a rotation consecutive day basis until the shifts are filled. Employees who choose whenever possible. (e) When an employee is rotated from assigned day shift to remain on such shift longer than two (2) months shall notify the Store Manager, in writing, a series of their intention to do so. Such request shall not be unreasonably withheld. The Employer is not required to rotate Key Personnel to night stocking shifts, but all other employees within then the classification and all unrestricted Grid B employees Saturday preceding their first midnight shift shall be fairly rotated to designated as their regular day off for the week preceding the shift of night stocking shift. Employees exempt from this provision are Variety Clerks and Assistant Produce Managers in stores whose volume is greater than four hundred thousand dollars ($400,000.00). Should problems exist in individual stores regarding the rotation list, the parties can refer the matter to Section 4, Joint Labour/Management Meeting (JLM) Process. No employee shall be required to return to the night stocking shift until all eligible employees have had a turn. The Manager, Lead Hand and the Crew shall institute a fair system of scheduling for Night Crews. In the event this should fail, the Union Representative and the Crew shall have the right to file a Grievance under the Collective Bargaining Agreement, "Fair Rotation of Shift" Sectionwork. 6. Senior employees whose continuous years of service plus age equals seventy (70), may opt out of Night Stocking Crew. 7. Where two (2f) or more employees are working on a night shift in a store where regular or systematic night stocking is in effect and there is not a premium rate Clerk, Assistant Manager or Management personnel in charge, the person in charge shall not be compensated at less than the Lead Hand rate which shall be one dollar ($1.00) per hour over the employee's regular rate. The Employer agrees to schedule Stocking Crews consecutive days of work wherever possible, subject to the operational needs of the store. Where it can be demonstrated that the scheduling of consecutive days of work can be scheduled, the Union and the Employer shall meet and determine a method of solution. The above shall be subject to emergencies as defined in Section 9.14 of this Agreement. No Clerk clerk shall be required to work alone on the premises on the night shift. In stores below $400,000 . (g) The above shall be subject to emergencies in volumeArticle 12.5 or when employees, subject to the Assistant Produce Manager approval of Management and the Union, desire a modified shift. (h) We will be included in advising our Store Managers that the dress code for night crew rotationstocking will provide that jeans may be worn when the store is closed for business.

Night Stocking. The following rules shall apply to night stocking: 1. Night stocking shifts shall commence at 12:01 a.m. five (5) nights per week except as hereinafter provided. 2. As an alternative to Point (1) above, one (1) 12:01 a.m. shift may be worked on any night of the week with the remaining shifts falling within the time outlined in Point (4). 3. Shifts not commencing at 12:01 a.m. shall start on or after 5:00 a.m. and shall end before 12:00 midnight. An employee may, by request, start between 9:00 p.m. and 12:00 midnight and/or 3:00 a.m. and 5:00 a.m., with the understanding that night stocking is defined as any shift that begins between 9:00 p.m. and 5:00 a.m. 4. An employee's shift during one (1) week shall fall within the same eighteen (18) hour span. 5. All General Clerks have the ability to opt into night crew rotation. In order to do so they must commit to working a minimum eight (8) week rotation (excluding vacation, Leaves of Absence etc.). These hours are not claimable by more senior General Xxxxxx who do not choose to opt in. A more senior General Clerk can change their opting in by providing written notice one (1) week prior to the posting of the schedule. Once a more senior General Clerk opts in, the schedule going forward will reflect this change. In the event that not enough General Clerks opt in to serve on night crew, eligible General Clerks will be scheduled on night crew on a rotation basis until the shifts are filled. Employees who choose to remain on such shift longer than two (2) months shall notify the Store Manager, in writing, of their intention to do so. Such request shall not be unreasonably withheld. The Employer is not required to rotate Key Personnel to night stocking shifts, but all other employees within the classification and all unrestricted Grid B employees shall be fairly rotated to the night stocking shift. Employees exempt from this provision are Variety Clerks and Assistant Produce Managers in stores whose volume is greater than four hundred thousand dollars ($400,000.00). Should problems exist in individual stores regarding the rotation list, the parties can refer the matter to Section 4, Joint Labour/Management Meeting (JLM) Process. No employee shall be required to return to the night stocking shift until all eligible employees have had a turn. The Manager, Lead Hand and the Crew shall institute a fair system of scheduling for Night Crews. In the event this should fail, the Union Representative and the Crew shall have the right to file a Grievance under the Collective Bargaining Agreement, "Fair Rotation of Shift" Section. 6. Senior employees whose continuous years of service plus age equals seventy (70), may opt out of Night Stocking Crew. 7. Where two (2) or more employees are working on a night shift in a store where regular or systematic night stocking is in effect and there is not a premium rate Clerk, Assistant Manager or Management personnel in charge, the person in charge shall not be compensated at less than the Lead Hand rate which shall be one dollar ($1.00) per hour over the employee's regular rate. The Manager, Lead Hand and the Crew shall institute a fair system of scheduling for Night Crews. In the event this should fail, the Union Representative and the Crew shall have the right to file a Grievance under the Collective Bargaining Agreement, "Fair Rotation of Shift" Section. The following rules shall apply to night stocking: 1. Night stocking shifts shall commence at 12:00 midnight or 11:30 P.M. 2. As an alternative to Point (1) above, one 12:01 A.M. shift may be worked on any night of the week with the remaining shifts falling within the time outlined in Point (4). 3. Shifts not commencing at 12:00 midnight or 11:30 P.M. shall start on or after 5:00 A.M. and shall end before 12:00 midnight. 4. An employee's shift during one (1) week shall fall within the same eighteen (18) hour span. 5. All employees who are scheduled night shifts while the store is closed for business shall be rotated to a shift every two (2) months which does not involve night stocking Employees who choose to remain on such shift longer than two (2) months shall notify the Store Manager, in writing, of their intention to do so. Such request shall not be unreasonably withheld. The Employer is not required to rotate key personnel to night stocking shifts but all other employees within the classification shall be fairly rotated to the night stocking shift. Employees exempt from this provision are HABA/general merchandise manager. The parties recognize that there are some dairy and bulk food managers that will be excluded from night shift rotations for one (1) year so that the Employer can develop continuity in those departments. The Company will list the stores that will need the agreed upon exceptions and thereafter there will be red-circling for one (1) year. After one (1) year those persons are not excluded from night shift rotation and shall be placed on the rotation schedule. Should problems exist in individual stores regarding the rotation list, the parties can refer the matter to joint Union/Management meetings. The Employer will provide a list of persons that are receiving a special rate of pay as a former key person. Although required to be in the night rotation their rate and seniority rights continue to be red-circled when they return to their normal bulk food department duties. No employee shall be required to return to the night stocking shift until all eligible employees have had a turn. 6. The Employer agrees to schedule Stocking Crews consecutive days of work wherever possible, subject to the operational needs of the store. Where it can be demonstrated that the scheduling of consecutive days of work can be scheduled, the Union and the Employer shall meet and determine a method of solution. 7. Senior employees whose years of service plus age equals seventy (70), may opt out of Night Stocking Crew. The above shall be subject to emergencies as defined in Section 9.14 5.06 of this Agreement. No Clerk shall be required to work alone on the premises on night shift. In stores below $400,000 in volume, the Assistant Produce Manager will be included in the night crew rotation.

Night Stocking. The following rules shall apply to night stocking: 1. Night stocking shifts shall commence at 12:01 a.m. five (5) nights per week except as hereinafter provided. 2. As an alternative to Point (1) above, one (1) 12:01 a.m. shift may be worked on any night of the week with the remaining shifts falling within the time outlined in Point (4). 3. Shifts not commencing at 12:01 a.m. shall start on or after 5:00 a.m. and shall end before 12:00 midnight. An employee may, by request, start between 9:00 p.m. and 12:00 midnight and/or 3:00 a.m. and 5:00 a.m., with the understanding that night stocking is defined as any shift that begins between 9:00 p.m. and 5:00 a.m.. 4. An employee's shift during one (1) week shall fall within the same eighteen (18) hour span. 5. All General Clerks have Employees assigned to stocking shifts while the ability store is closed for business shall be rotated to opt into a shift every two (2) months which does not involve night crew rotation. In order to do so they must commit to working a minimum eight (8) week rotation (excluding vacation, Leaves of Absence etc.). These hours are not claimable by more senior General Xxxxxx who do not choose to opt in. A more senior General Clerk can change their opting in by providing written notice one (1) week prior to the posting of the schedule. Once a more senior General Clerk opts in, the schedule going forward will reflect this change. In the event that not enough General Clerks opt in to serve on night crew, eligible General Clerks will be scheduled on night crew on a rotation basis until the shifts are filledstocking. Employees who choose to remain on such shift longer than two (2) months shall notify the Store Manager, in writing, of their intention to do so. Such request shall not be unreasonably withheld. The Employer is not required to rotate Key Personnel key personnel to night stocking shifts, but all other employees within the classification and all unrestricted Grid B Clerk II employees shall be fairly rotated to the night stocking shift. Employees exempt from this provision are Variety Clerks and Assistant Produce Managers in stores whose volume is greater than four hundred thousand dollars ($400,000.00). Should problems exist in individual stores regarding the rotation list, the parties can refer the matter to Section 4, Joint Labour21.01 for joint Union/Management Meeting (JLM) Processmeetings. No employee shall be required to return to the night stocking shift until all eligible employees have had a turn. The Manager, Lead Hand and the Crew shall institute a fair system of scheduling for Night Crews. In the event this should fail, the Union Representative and the Crew shall have the right to file a Grievance under the Collective Bargaining Agreement, "Fair Rotation of Shift" Section. 6. Senior employees whose continuous years of service plus age equals seventy (70), may opt out of Night Stocking Crew. 7. Where two (2) or more employees are working on a night shift in a store where regular or systematic night stocking is in effect and there is not a premium rate Clerk, Assistant Manager or Management personnel in charge, the person in charge shall not be compensated at less than the Lead Hand rate which shall be one dollar ($1.00) per hour over the employee's regular rate. The Employer agrees to schedule Stocking Crews consecutive days of work wherever possible, subject to the operational needs of the store. Where it can be demonstrated that the scheduling of consecutive days of work can be scheduled, the Union and the Employer shall meet and determine a method of solution. The above shall be subject to emergencies as defined in Section 9.14 5.08 of this Agreement. No Clerk shall be required to work alone on the premises on night shift. In stores below $400,000 in volume, the Assistant Produce Manager will be included in the night crew rotation. These stores are as follows: (Current Store numbers) 6.01 General Clerks - to perform any duties assigned in the store, except as provided herein Section 6.01. Shall not be reduced in classification when assigned to duties listed under other classifications. The Employer agrees not to assign General Clerks to perform checkstand duties but both parties recognize that General Clerks may be required to perform these functions in the following circumstances: - For relief for meal or rest periods. - Unscheduled absences of staff. - Due to business emergencies. Business emergencies are defined as unexpected increases in customer business. This exception cannot be justified where it is used on a regular basis. The Employer agrees not to make changes in the assignment of General Clerk duties that will have a significant negative effect on the number of hours worked by Clerk Cashiers. If the Union feels that changes have taken place contrary to the above, the Union and the Employer shall meet to discuss the problem. If the parties cannot agree to a solution to the problem, either party may refer the matter under the Labour Code. 6.02 Clerk Cashiers - duties restricted to following: A. Checkstand duties. B. Price changes, but not to include case lots, floor displays or end displays. C. Office work. D. Stocking in the checkstand area. E. Cleaning and housekeeping duties relating to checkstand, or bakery counter. F. Bakery counter duties.

Night Stocking. The following rules shall apply to night stocking: 1. Night stocking shifts shall commence at 12:01 a.m. five (5) nights per week except as hereinafter provided. 2. As an alternative to Point (1) above, one (1) 12:01 a.m. shift may be worked on any night of the week with the remaining shifts falling within the time outlined in Point (4). 3. Shifts not commencing at 12:01 a.m. shall start on or after 5:00 a.m. and shall end before 12:00 midnight. An employee may, by request, start between 9:00 p.m. and 12:00 midnight and/or 3:00 a.m. and 5:00 a.m., with the understanding that night stocking is defined as any shift that begins between 9:00 p.m. and 5:00 a.m. 4. An employee's shift during one (1) week shall fall within the same eighteen (18) hour span. 5. All General Clerks have the ability to opt into night crew rotation. In order to do so they must commit to working a minimum eight (8) week rotation (excluding vacation, Leaves of Absence etc.). These hours are not claimable by more senior General Xxxxxx who do not choose to opt in. A more senior General Clerk can change their opting in by providing written notice one (1) week prior to the posting of the schedule. Once a more senior General Clerk opts in, the schedule going forward will reflect this change. In the event that not enough General Clerks opt in to serve on night crew, eligible General Clerks will be scheduled on night crew on a rotation basis until the shifts are filled. Employees who choose to remain on such shift longer than two (2) months shall notify the Store Manager, in writing, of their intention to do so. Such request shall not be unreasonably withheld. The Employer is not required to rotate Key Personnel to night stocking shifts, but all other employees within the classification and all unrestricted Grid B employees shall be fairly rotated to the night stocking shift. Employees exempt from this provision are Variety Clerks and Assistant Produce Managers in stores whose volume is greater than four hundred thousand dollars ($400,000.00). Should problems exist in individual stores regarding the rotation list, the parties can refer the matter to Section 4, Joint Labour/Management Meeting (JLM) Process. No employee shall be required to return to the night stocking shift until all eligible employees have had a turn. The Manager, Lead Hand and the Crew shall institute a fair system of scheduling for Night Crews. In the event this should fail, the Union Representative and the Crew shall have the right to file a Grievance under the Collective Bargaining Agreement, "Fair Rotation of Shift" Section. 6. Senior employees whose continuous years of service plus age equals seventy (70), may opt out of Night Stocking Crew. 7. Where two (2) or more employees are working on a night shift in a store where regular or systematic night stocking is in effect and there is not a premium rate Clerkclerk, Assistant Manager assistant manager or Management management personnel in charge, the person in charge shall not be compensated at less than the Lead Hand rate which shall be forty-five (45¢) cents per hour over the employee's regular rate. Effective the Sunday after ratification the amount shall be increased to one dollar ($1.00) per hour over the employee's regular rate. Senior employees whose years of service plus age equals seventy (70), may opt out of night stocking crew. The following rules shall apply to night stocking: (1) Night stocking shifts shall commence at 12:01 a.m. five (5) nights per week except as hereinafter provided. (2) As an alternative to point number (1) above, one 12:01 a.m. shift may be worked on any night of the week with the remaining shifts falling within the time outlined in point number (3). (3) Shifts not commencing at 12:01 a.m. shall start on or after 5:00 a.m. and shall end before 12:00 midnight. (4) An employee's shift during one (1) week shall fall within the same eighteen (18) hour span. (5) Employees regularly assigned to stocking shifts while the store is closed for business shall be rotated to a shift every three (3) months which does not involve regular night stocking unless otherwise mutually agreed in writing between the employee and the Employer (a copy to be sent to the Union). If this is not practically possible in certain stores, the Employer and the Union representative will discuss alternatives that may provide a fair rotation system. The Employer agrees to schedule Stocking Crews stocking crews consecutive days of work wherever possible, subject to the operational needs of the store. Where it can be demonstrated that the scheduling of consecutive days of work can be scheduled, the Union and the Employer shall meet and determine a method of solution. The Manager, Lead Hand and the Crew shall institute a fair system of scheduling for Night Crews. In the event this should fail, the Union Representative and the Crew shall have the right to file a grievance under the Collective Agreement, "Fair Rotation of Shift" Section. The above shall be subject to emergencies as defined in Section 9.14 5 (c) of this Agreement. No Clerk clerk shall be required to work alone on the premises on night shift. In stores below $400,000 in volume, the Assistant Produce Manager will be included in the night crew rotation.