Common use of OVERTIME AND OTHER ALLOWANCES Clause in Contracts

OVERTIME AND OTHER ALLOWANCES. (a) An employee shall be paid at the rate of time and one-half for work required to be performed in excess of the employee‟s normal number of daily hours of work in any one day or in any continuous period. (b) An employee shall be paid at the rate of time and one-half for work required to be performed on his / her assigned regular day of rest. It is understood that when an employee works seven consecutive normal eight hour days, none of which is a day of rest, the employee‟s eighth day will be deemed to be the employee‟s assigned regular day of rest. (c) If an employee is required by the Company to report to the said Site for work related purposes at other than his / her regularly scheduled working hours, the employee shall be paid at the rate of time and one-half for all hours worked at other than his / her regularly scheduled working hours provided. In any event the employee shall be paid at the employee‟s straight time rate only for regularly scheduled hours worked. The employee shall be paid a minimum amount of 3 hours pay at the applicable overtime rate if the employee‟s pay for the performance of such work is less than this amount, except when such work forms a continuous period with the employee‟s regularly scheduled working hours, in which case no minimum shall apply. If the said employee is entitled to the payment provided in clause (g) this minimum amount shall be paid in addition thereto for the performance of such work on a holiday. (d) If an employee is required by the Company to report to the said Site on less than twenty-two hours‟ notice, to perform work at other than said employee‟s regularly scheduled working hours, the Company will provide transportation to the said Site for the employee or will pay the employee one hours‟ pay at his / her straight time rate. If the employee is entitled to payment under the provisions of clause (b), (c), or (h) this travelling allowance shall be paid in addition thereto. (e) Whenever an employee‟s schedule is changed by the Company so as to result in regularly scheduled working hours with new starting and finishing times or a change between a day schedule and a shift schedule, the employee shall be paid at the rate of time and one-half for work performed during the employee‟s first working day following such change unless thirty or more hours‟ notice (Friday 1800 hours) prior to the commencement of the calendar week of the employee‟s new schedule in which the change occurs has been given to said employee by the Company. (f) Notwithstanding the foregoing provisions of this Article IX, and employee shall not be paid at the rate of time and one-half for overtime work if such overtime work, is performed by an employee in exchange for his / her regularly scheduled hours by special arrangement with another or other employees who may wish to change or exchange working hours. This opportunity is contingent upon meeting criteria established by the Company. (g) An employee shall, subject to the second paragraph of this clause, be paid an amount equivalent to eight hours‟ pay at said employee‟s straight time hourly rate for the following holidays whether or not the employee works on such holidays: New Year‟s Day, Family Day (third Monday in February), the first Monday in the mid-winter school break, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, and Boxing Day. However, an employee shall not be entitled to be so paid: i) if the employee does not work on such holidays when he / she is required or scheduled to do so. Notwithstanding the foregoing, the employee shall be entitled to be so paid when leave of absence has been granted for paid disability, jury duty, or bereavement; ii) if the employee is absent without good cause on the scheduled working day immediately preceding or succeeding such holiday; iii) if the employee is absent for any reason on both the scheduled working days immediately preceding and succeeding such holidays. Notwithstanding the foregoing the employee shall be entitled to be so paid if such absence is due to the employee‟s scheduled vacation or when leave of absence has been granted for paid disability, jury duty, or bereavement; iv) if such holiday occurs while the employee is on leave of absence. Notwithstanding the foregoing, the employee shall be entitled to be so paid if such absence is due to said employee‟s scheduled vacation or a disability. (h) An employee who works on any of the holidays mentioned in clause (g) whether or not the employee is entitled to the payment provided in clause (g) shall be paid at the rate of time and one-half for all hours worked. (i) If another day is substituted by statute or decree or by mutual agreement between the parties for the observation of any of the holidays listed in clause (g) the day of observance so substituted shall be deemed to be the holiday for the purpose of this Article IX. (j) An employee shall not be entitled to be paid under more than one clause of this Article unless otherwise specifically provided, and in any event the rate of payment including holiday and other allowances but excluding the minimum payment and travelling allowance provided in clauses (c) and (d) shall not exceed three times the straight time hourly rate. (k) For purposes of establishing which shift crew employees, regularly scheduled to work on Sunday, shall receive Sunday premium and premium pay for work performed on the holidays shown in clause (g) of this Article IX, the day shall extend from midnight to midnight for employees assigned to schedules with normal eight hours days and from 0700 hours to 0700 hours for employees assigned to schedules with normal 12 hour days. But for all other purposes any day shall be deemed to be a twenty-four hour period as shown in schedules established from time to time. (l) A meal up to the value of $9.25 shall be provided in accordance with the Meal Procurement Procedure. (m) When an employee is called upon to a jury selection process or to render jury duty by a duly constituted authority the employee will be paid for the time lost by reason of such duty on the basis of said employee‟s normal daily hours of work.

Appears in 2 contracts

Samples: Collective Bargaining Agreement, Collective Bargaining Agreement

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OVERTIME AND OTHER ALLOWANCES. (a) An employee shall be paid at the rate of time and one-half for work required to be performed in excess of the employee‟s employee's normal number of daily hours of work in any one day or in any continuous period, provided however that the said employee shall be paid at the rate of double time, instead of at the rate of time and one-half, for all hours worked in excess of four hours beyond the normal number of daily hours of work in any one day or in any continuous period. (b) An employee who works on a statutory holiday as noted in (a) above, outside of the regular schedule shall be paid at the rate of double time and one-half plus the regular pay for work required to be performed on his / her assigned regular day all hours worked, except in instances of rest. It is understood that when an employee works seven consecutive normal eight hour days, none of which is a day of rest, the employee‟s eighth day will be deemed to be the employee‟s assigned regular day of restmutual shift swapping. (c) If an employee is required by the Company to report to the said Site for work related purposes at other than his / his/her regularly scheduled working hours, the employee shall be paid at the rate of time and one-half for all hours worked at other than his / his/her regularly scheduled working hours providedhours. In any event the employee shall be paid at the employee‟s employee's straight time rate only for regularly scheduled hours worked. The employee shall be paid a minimum amount of 3 equivalent to pay for four (4) hours pay at the applicable overtime his/her over time rate if the employee‟s employee's pay for the performance of such work is less than this amount, except when such work forms a continuous period with the employee‟s employee's regularly scheduled working hours, in which case no minimum shall apply. If the said employee is entitled to the payment provided in clause (gf) this minimum amount shall be paid in addition thereto for the performance of such work on a holiday. (d) If an employee is required by the Company to report to the said Site on less than twenty-two hours‟ hours' notice, to perform work at other than said employee‟s employee's regularly scheduled working hours, the Company will provide transportation to the said Site for the employee or will pay the employee one hours‟ hours' pay at his / his/her straight time rate. If the employee is entitled to payment under the provisions of clause clause, (b), (c), ) or (h8(b) this travelling allowance shall be paid in addition thereto. (e) Whenever an employee‟s employee's schedule is changed by the Company so as to result in regularly scheduled working hours with new starting and finishing times or a change between a day schedule and a shift schedule, the employee shall be paid at the rate of time and one-half for work performed during the employee‟s employee's first working day following such change unless thirty or more hours‟ hours' notice is given (Friday 1800 hours) prior to the commencement of the calendar week of the employee‟s employee's new schedule in which the change occurs has been given to said employee by the Company. (f) Notwithstanding the foregoing provisions of this Article IX7, and an employee shall not be paid at the rate of time and one-half for overtime work if such overtime work, is performed by an employee in exchange for his / his/her regularly scheduled hours by special arrangement with another or other employees who may wish to change or exchange working hours. This opportunity is contingent upon meeting criteria established by the Company. (g) An employee shall, subject to the second paragraph of this clause, be paid an amount equivalent to eight hours‟ pay at said employee‟s straight time hourly rate for the following holidays whether or not the employee works on such holidays: New Year‟s Day, Family Day (third Monday in February), the first Monday in the mid-winter school break, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, and Boxing Day. However, an employee shall not be entitled to be so paid: i) if the employee does not work on such holidays when he / she is required or scheduled to do so. Notwithstanding the foregoing, the employee shall be entitled to be so paid when leave of absence has been granted for paid disability, jury duty, or bereavement; ii) if the employee is absent without good cause on the scheduled working day immediately preceding or succeeding such holiday; iii) if the employee is absent for any reason on both the scheduled working days immediately preceding and succeeding such holidays. Notwithstanding the foregoing the employee shall be entitled to be so paid if such absence is due to the employee‟s scheduled vacation or when leave of absence has been granted for paid disability, jury duty, or bereavement; iv) if such holiday occurs while the employee is on leave of absence. Notwithstanding the foregoing, the employee shall be entitled to be so paid if such absence is due to said employee‟s scheduled vacation or a disability. (h) An employee who works on any of the holidays mentioned in clause (g) whether or not the employee is entitled to the payment provided in clause (g) shall be paid at the rate of time and one-half for all hours worked. (i) If another day is substituted by statute or decree or by mutual agreement between the parties for the observation of any of the holidays listed in clause (g) the day of observance so substituted shall be deemed to be the holiday for the purpose of this Article IX. (j) An employee shall not be entitled to be paid under more than one clause of this Article unless otherwise specifically provided, and in any event the rate of payment including holiday and other allowances but excluding the minimum payment and travelling allowance provided in clauses (c) and (d) shall not exceed three times the straight time hourly rate. (k) For purposes of establishing which shift crew employees, regularly scheduled to work on Sunday, shall receive Sunday premium and premium pay for work performed on the holidays shown in clause (g) of this Article IX, the day shall extend from midnight to midnight for employees assigned to schedules with normal eight hours days and from 0700 hours to 0700 hours for employees assigned to schedules with normal 12 hour days. But for all other purposes any day shall be deemed to be a twenty-four hour period as shown in schedules established from time to time. (l) A meal up to the value of $9.25 shall be provided in accordance with the Meal Procurement Procedure. (m) When an employee is called upon to a jury selection process or to render jury duty by a duly constituted authority the employee will be paid for the time lost by reason of such duty on the basis of said employee‟s normal daily hours of work.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

OVERTIME AND OTHER ALLOWANCES. (a) An employee Employees shall be paid at the rate of time and one-half for work required to be performed in excess of the employee‟s normal number of daily hours of work in any one day or in any continuous period, provided however, that they shall be paid at the rate of double time, instead of at the rate of time and one-half, for all hours worked in excess of four (4) hours beyond the normal number of daily hours of work in any one day or in any continuous period. (b) An employee Employees shall be paid at the rate of time and one-half for work required to be performed on his / her their regularly assigned regular day of rest. It is understood that when an employee works seven consecutive normal eight hour days, none of which is a day of rest, the employee‟s eighth day will be deemed to be the employee‟s assigned regular day of rest. (c) If an employee is required by the Company to report to the said Site for work related purposes at other than his / her regularly scheduled working hours, the employee They shall be paid at the rate of time and one-half for all hours worked at other than his / her regularly scheduled working hours provided. In any event the employee work required to be performed on their extra day of rest, provided however, that they shall be paid at the employee‟s rate of double time instead of at the rate of time and one-half, for all hours worked in excess of four (4) hours beyond the normal number of daily hours of work on that day or in any continuous period. (c) An employee shall, subject to the second paragraph of this clause, be paid an amount equivalent to eight (8) hours pay at his/her straight time hourly rate only for the following holidays whether or not he/she works on such holidays: New Years Day, Third Monday in February, Monday of the School Winter Holidays, Good Friday, Victoria Day, Canada Day, Third Friday in July, Civic Holiday, Labour Day, Thanksgiving Day, Christmas Day and 26th December. However, employees shall not be entitled to be so paid: (i) if they do not work on such holidays when they are required or scheduled to do so. Notwithstanding the foregoing, they shall be entitled to be so paid when leave of absence has been granted for disability, jury duty or bereavement. (ii) if they were absent without good cause on the scheduled working day immediately preceding or succeeding such holiday. (iii) if they are absent for any reason on both the scheduled working days immediately preceding and succeeding such holidays. Notwithstanding the foregoing, they shall be entitled to be so paid if such absence is due to their scheduled vacation or when leave of absence has been granted for disability, jury duty or bereavement. (iv) if such holiday occurs while they are on leave of absence, subject to the same exceptions as set out in subsection (iii) above. (d) An employee who works on the following holidays: New Year’s Day, Third Monday in February, Monday of the School Winter Holidays, Victoria Day, Canada Day, Third Friday in July, Civic Holiday and 26th December shall be paid in addition thereto at the rate of time and one-half for all hours worked on that day or in any continuous period. An employee who works on any of the following holidays: Good Friday, Labour Day, Thanksgiving Day and Christmas Day shall be paid in addition thereto at the rate of double time for all hours worked on that day or in any continuous period. (e) If another day is substituted by statute or municipal proclamation or by mutual agreement between the parties for the observance of any of the holidays listed in clause (c) the day of observance so substituted shall be deemed to be the holiday for the purpose of this Article VI. (f) If employees are required by the Company to report to the said Site to perform work at other than their regularly scheduled hours worked. The employee working hours, they shall be paid a minimum amount of 3 equivalent to pay for three (3) hours pay at the their applicable overtime rate if the employee‟s their pay for the performance of such work is less than this amount, except when such work forms a continuous period with the employee‟s their regularly scheduled working hours, in which case no minimum shall apply. If the said employee is they are entitled to the payment provided in clause (g) c), this minimum amount shall be paid in addition thereto for the performance of such work on a holiday. If employees are required by the Company to report to the said Site to perform work at other than their regularly scheduled working hours, they shall be paid at the rate of time and one-half for all hours worked at other than their regularly scheduled working hours, provided however, that they shall be paid at the rate of double time instead of at the rate of time and one-half for all hours worked in excess of four (4) hours beyond the normal number of daily hours of work on that day or in any continuous period. In any event, they shall be paid at the straight time rate only, for regularly scheduled hours worked. When an employee is sent home by the Company during his/her regularly scheduled working hours to return later that day, premium rates under this provision shall be calculated as if he/she had completed his/her normal number of daily hours. (dg) If an employee is employees are required by the Company to report to the said Site on less than twenty-two hours‟ notice, four (4) hours' notice to perform work at other than said employee‟s their regularly scheduled working hours, the Company will provide transportation to the said Site for the employee those employees or will pay the employee them one hours‟ (1) hour's pay at his / her their straight time rate. If the employee is they are entitled to payment under the provisions of clause (a), (b), (cd), or (h) f), this travelling allowance shall be paid in addition thereto. (eh) If an employee reports for work when scheduled to do so without having been previously notified not to report he/she shall be provided three (3) hours' work at his/her straight time rate or, in lieu thereof, shall receive three (3) hours' pay at this straight time rate, provided however, that the employee shall not be entitled to such work or such pay: (i) if the failure to provide work is due to circumstances beyond the control of the Company. (ii) if the employee has not provided the Company with his/her correct telephone number or cannot be reached at that number. (i) Whenever an employee‟s employee's schedule is changed by the Company so as to result in regularly scheduled working hours with new starting and finishing times or a change between a day schedule and a shift scheduletimes, the employee shall be paid at the rate of time and one-half for work performed during the employee‟s his/her first working day following such change unless thirty (30) or more hours‟ hours' notice (Friday 1800 hours) prior to the commencement of the calendar week of the employee‟s employee's new schedule in which the change occurs has been given to said employee him/her by the Company, provided however, that he/she shall be paid at the rate of double time instead of at the rate of time and one-half, for all hours worked in excess of four (4) hours beyond the normal number of daily hours of work in any one day or in any continuous period. (fj) Notwithstanding the foregoing provisions of this Article IX, and VI an employee shall not be paid at the rate of time and one-half half, or double time as the case may be, for overtime work if such overtime work, with the permission of the foreperson, is performed by an the employee in exchange for his / at his/her regularly scheduled hours own request or by special arrangement with another or other employees who may wish to change or exchange working hours. This opportunity is contingent upon meeting criteria established by the Company. (g) An employee shall, subject to the second paragraph of this clause, be paid an amount equivalent to eight hours‟ pay at said employee‟s straight time hourly rate for the following holidays whether or not the employee works on such holidays: New Year‟s Day, Family Day (third Monday in February), the first Monday in the mid-winter school break, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, and Boxing Day. However, an employee shall not be entitled to be so paid: i) if the employee does not work on such holidays when he / she is required or scheduled to do so. Notwithstanding the foregoing, the employee shall be entitled to be so paid when leave of absence has been granted for paid disability, jury duty, or bereavement; ii) if the employee is absent without good cause on the scheduled working day immediately preceding or succeeding such holiday; iii) if the employee is absent for any reason on both the scheduled working days immediately preceding and succeeding such holidays. Notwithstanding the foregoing the employee shall be entitled to be so paid if such absence is due to the employee‟s scheduled vacation or when leave of absence has been granted for paid disability, jury duty, or bereavement; iv) if such holiday occurs while the employee is on leave of absence. Notwithstanding the foregoing, the employee shall be entitled to be so paid if such absence is due to said employee‟s scheduled vacation or a disability. (h) An employee who works on any of the holidays mentioned in clause (g) whether or not the employee is entitled to the payment provided in clause (g) shall be paid at the rate of time and one-half for all hours worked. (i) If another day is substituted by statute or decree or by mutual agreement between the parties for the observation of any of the holidays listed in clause (g) the day of observance so substituted shall be deemed to be the holiday for the purpose of this Article IX. (j) An employee shall not be entitled to be paid under more than one clause of this Article unless otherwise specifically provided, and in any event the rate of payment including holiday and other allowances but excluding the minimum payment and travelling allowance provided in clauses (c) and (d) shall not exceed three times the straight time hourly rate. (k) For purposes the purpose of establishing which shift crew employees, regularly scheduled to work on Sunday, shall receive Sunday premium and the premium pay for work performed on the holidays shown in clause (gc) of this Article IXVI, the day shall extend from midnight to midnight for employees assigned to schedules with normal eight hours eight-hour days and from 0700 1930 hours on one day to 0700 1930 hours on the next day for employees assigned to schedules with normal 12 twelve-hour days. But for all other purposes any day shall be deemed to be a twenty-four hour period as shown in schedules established from time to time. (l) A When hours of work which are paid at a premium rate under the provisions of this Article continue without interruption into a second day, such hours in the second day up to the starting time of an employee's regularly scheduled working hours will be treated for the purposes of applying provisions of this Article as if they had occurred in the previous day. (m) An employee shall not be entitled to be paid under more than one clause of this Article, unless otherwise specifically provided, and in any event the rate of payment including holiday and other allowances but excluding the minimum payment and travelling allowances provided in clauses (f) and (g) shall not exceed three (3) times the straight time hourly rate. (n) An overtime meal allowance up to the value of $9.25 8.25 shall be provided in accordance with the an Overtime Meal Procurement Allowance Procedure. (mo) When an employee is called upon to The Company may average the regular hours of scheduled work over a jury selection process or to render jury duty by a duly constituted authority the employee will be paid two (2) week period for the time lost by reason purpose of such duty on ensuring compliance with the basis overtime provisions of said employee‟s normal daily hours of workthe Ontario Employment Standards Act.

Appears in 1 contract

Samples: Memorandum of Agreement

OVERTIME AND OTHER ALLOWANCES. (a) Applicable overtime rates will apply after all regular scheduled shifts/hours for the week have been fulfilled (the regular rate of pay for a scheduled shift will not change as the result of an extra shift being worked). Regular scheduled hours in excess of forty-four (44) hours per week will be paid at the rate of time and one half (1 ½). Contractual and Legislated approved leaves will not count against regular scheduled hours for the application of overtime rates. An employee is ineligible for overtime during a pay period that the employee is serving a disciplinary suspension. (b) An 8-hour employee shall be paid at the rate of time and one-half for work required to be performed in excess of the employee‟s normal number of daily hours of work in any one day or in any continuous period. (b) An period up to a maximum of 4 hours. However, the same 8 hour employee shall be paid at the rate of double time and one-half for all hours worked required to be performed in excess of 12 hours in any one day or continuous period. (c) Employees shall be paid at the rate of double time for work required to be performed on his / his/her Regular assigned regular day of restrest (big R). It is understood that when an employee works seven consecutive normal eight Regular days of rest for 12-hour days, none workers fall Saturday and Sunday on their scheduled weekends off. Their double time pay starts at 08:00 hours Saturday and ends at 08:00 hours Monday. Regular days of which is a rest for 8-hour workers fall on Sunday of their weekends off. Double time pay on their Regular day of rest, the employee‟s eighth day will be deemed to be the employee‟s assigned regular day of restrest starts at 00:01 hours Sunday and ends at 24:00 hours Sunday. (cd) If an An 8 hour employee is required by the Company to report to the said Site for plant to perform work related purposes at other than his / her their regularly scheduled working hours, the employee shall be paid at the rate of time and one-half for all hours worked at other than his / her their regularly scheduled working hours providedup to a total of twelve (12) hours. In any event the employee However, they shall be paid at the employee‟s straight rate of double time for all hours worked in excess of twelve (12) hours on that day or in any continuous period. Twelve (12) hour shift employees shall be paid at time and one half for all hours worked up to a total of 16 hours. However they shall be paid at the rate only of double time for regularly scheduled all hours workedworked in excess of sixteen (16) hours on that day or in any continuous period. The employee They shall be paid a minimum amount of 3 equivalent to pay for three hours pay at the applicable overtime their straight time rate if the employee‟s his/her pay for the performance of such work is less than this amount, except when such work forms a continuous period with the employee‟s his/her regularly scheduled working hours, in which case no minimum shall apply. If the said employee is they are entitled to the payment provided in Article XVI, clause (ga) this minimum amount shall be paid in addition thereto for the performance of such work on a holiday. (de) If an employee is required by the Company to report to the said Site on less than twenty-two hours‟ notice, to perform work Plant at other than said employee‟s his/her regularly scheduled working hours, the Company will provide transportation to the said Site for the employee or will pay the employee one hours‟ pay at his / her straight time rate. If the employee is entitled to payment under the provisions of clause (b), (c), or (h) this travelling allowance he/she shall be paid in addition theretoa travel allowance of two hours' pay at straight time rate except when the work he/she is required to do carries over from his/her regularly scheduled working hours, or is for a period of four (4) hours or more on a day of rest provided the employee was notified to report prior to the completion of his/her last regularly scheduled working day preceding such day of rest. (ef) Whenever an employee‟s employee's schedule is changed by the Company so as to result in regularly scheduled working hours with new starting and finishing times or a change between a day schedule and a shift scheduletimes, the employee he/she shall be paid at the rate of time and one-half for work performed during the employee‟s his/her first working day following such change unless thirty or more hours‟ notice (Friday 1800 hours) prior to the commencement of the calendar week of the employee‟s new schedule in which the such change occurs has been given to said employee him/her by the CompanyCompany at least twenty-four (24) hours prior to the new starting time, provided, however, that he/she shall be paid at the rate of double time instead of at the rate of time and one-half, for all hours worked in excess of four (4) hours beyond the normal number of daily hours of work on that day or in any continuous period. (fg) Notwithstanding the foregoing provisions of this Article IXArticle, and an employee shall not be paid at the rate of time and one-half or double time for overtime work if such overtime work, with the permission of the Supervisor is performed by an the employee at his/her own request in exchange for his / his/her regularly scheduled working hours by special arrangement with another or other employees who may wish to change or exchange working hours. This opportunity is contingent upon meeting criteria established by the Company. (g) An employee shall, subject to the second paragraph of this clause, be paid an amount equivalent to eight hours‟ pay at said employee‟s straight time hourly rate for the following holidays whether or not the employee works on such holidays: New Year‟s Day, Family Day (third Monday in February), the first Monday in the mid-winter school break, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, and Boxing Day. However, an employee shall not be entitled to be so paid: i) if the employee does not work on such holidays when he / she is required or scheduled to do so. Notwithstanding the foregoing, the employee shall be entitled to be so paid when leave of absence has been granted for paid disability, jury duty, or bereavement; ii) if the employee is absent without good cause on the scheduled working day immediately preceding or succeeding such holiday; iii) if the employee is absent for any reason on both the scheduled working days immediately preceding and succeeding such holidays. Notwithstanding the foregoing the employee shall be entitled to be so paid if such absence is due to the employee‟s scheduled vacation or when leave of absence has been granted for paid disability, jury duty, or bereavement; iv) if such holiday occurs while the employee is on leave of absence. Notwithstanding the foregoing, the employee shall be entitled to be so paid if such absence is due to said employee‟s scheduled vacation or a disability. (h) An employee who works on any of the holidays mentioned in clause (g) whether or not the employee is entitled to the payment provided in clause (g) shall be paid at the rate of time and one-half for all hours worked. (i) If another day is substituted by statute or decree or by mutual agreement between the parties for the observation of any of the holidays listed in clause (g) the day of observance so substituted shall be deemed to be the holiday for the purpose of this Article IX. (j) An employee shall not be entitled to be paid under more than one clause of this Article Agreement, unless otherwise specifically provided, and in any event the rate of payment including holiday and other allowances but excluding the minimum payment and travelling travel allowance provided in clauses (cd) and (de) shall not exceed three (3) times the straight time hourly rate. (ki) For purposes Regular Overtime Call-in 1. The STC will issue the O/T Sign-up Sheet(s) dated for the next set of establishing which shift crew employeesDays Off. i.e. Mon/Tue, regularly scheduled Wed/Thurs., Fri/Sat/Sun for E/B and W/F. Overtime sign-up sheets with a one week duration (Sunday to Saturday) will be put out by the STC on the Monday prior to the overtime week and picked up by the STC and displayed in the STC office by 16:00 on the Friday prior to the overtime week. 2. All employees will be given an overtime number. It is the responsibility of the employee to provide the STC with a current phone number for O/T purposes. 3. Those employees on the “working” crews who want the opportunity for overtime call-ins on their Days Off, will indicate this by signing up on the O/T Sign-up Sheet(s). An employee may decline to work on Sunday, shall receive Sunday premium and premium pay a specific shift by “signing off” - initialing that shift. The employee will not be called for work performed that shift but will be counted as an opportunity for overtime. This will be recorded with an R on the holidays shown overtime sheet. 4. The employees wanting an overtime opportunity must indicate this by signing up on the O/T Sign-up Sheet(s) by 16:00 Hrs of the last working day shift. 5. Production employees currently assigned to the Weaving/Finishing Line of Progression or Extrusion/Beaming Line of Progression will enter their name, crew in clause the appropriate spot next to their “Order of Call-in Listing Number” for their current Line of Progression. Employees from all other Lines of Progression (gMaintenance Department, Quality Lab, Service Operators, and Material Handling) shall sign their name on the “off-the-list” sign-up sheet using their assigned overtime number. 6. The STC’s will pick up the O/T Sign-up Sheet(s) at 16:00 Hrs. of the last “working” day shift. The O/T Sign-up Sheet(s) will then be displayed in the STC’s office. 7. Employees wishing to sign up for an overtime opportunity after the 16:00 Hrs. cut-off time, can do so, but will not be given a sequence of call in number. Their name will be added in the late sign up section on the O/T sheets. They may be offered overtime only after the regular list and off-the-list has been exhausted. 8. The STC shall offer opportunities for regular O/T to employees in the following order of priority: • Employees on the regular O/T CALL-IN LIST for their Line of Progression. • Employees signed up on the “off-the-list” sign-up sheet provided they are qualified. • Students, provided they are qualified. 9. The STC will start with the next person after the last one called on the previous selection from the Order of Call-in Listing. 10. At times it may become necessary to call in employee(s) who are specifically trained and qualified for the assignment requiring O/T and it is not possible for the STC to fill this Article IXassignment through crew upgrading. In such a case the STC may skip over employee(s) on the O/T Sign-up Sheet(s) who lack the required training and qualifications to get to the employee(s) needed for the job. 11. As soon as a “special skills” O/T is filled, the day STC will go back to the skipped employee(s) and contact them in their call-in order before another employee is called. 12. An employee who has been skipped on the existing O/T Sign-up Sheets and did not get a catch-up opportunity, will be the first eligible candidate for an O/T opportunity on the next O/T Sign-up Sheet(s), providing the employee has signed up. If he did not sign up then the normal way of determining who will be called next will be resumed for this and the following O/T Sign-up Sheet(s). 13. Once the regular O/T list has been exhausted the STC will then proceed to the “Off-the-List” sign-up sheet and commence calling, picking up from the last number called from the previous “off-list” overtime opportunity. Calls to fill vacancies from the “Off-the-List” sign-up sheet will be made following the same rules as the regular O/T list. Non-production employees who wish to work overtime outside of their Line of Progression, or are on a different shift schedule will sign the “Off-the-List” sign-up sheet and include their name and overtime number. 14. The STC will record all pertinent data on the O/T Sign-up Sheet(s) such as: • the date and shift the O/T is required for, • the proper code describing the resolution of the call(s) for O/T, • the newly determined call-in order after the first round. 15. An employee is ineligible for overtime during a pay period that the employee is serving a disciplinary suspension. 16. Employees on Modified Hours or Medically Placed shall extend from midnight only be offered/accept O/T that is within their capabilities and limitations. They must sign the “off-the- list” sign-up sheet. 17. Employees are expected to midnight for employees assigned sign up in person but will have the option to schedules with normal eight hours call the STC if they are off work on the days and from 0700 hours at the time the sign-ups are to 0700 hours take place to get their name on the list. The STC will determine if the employee is qualified to go on the list. 18. The call-in Code System to be used shall be as follows: A - Accepted R - Refused U - Unavailable W- Work schedule conflict e.g. an employee worked the Night shift and thus cannot work O/T the next Day shift; or the employee is already committed to xxxxx stocking O/T, etc. S - Skipped because a specifically trained, skilled, or qualified operator is required to fill the O/T assignment and it was not possible to fill the position through upgrading within the crew. 19. Once the STC has gone through the formal O/T Sign-up Sheet(s) (both regular and “off-the-list”) and has had no response to the O/T call-ins, the STC will proceed to the Student List which is kept in the STC Office. Students will fill vacancies when no other regular employee is available. Students will work at straight time during the period of September through April (outside of the student’s summer vacation relief employment period- typically the period including May through August). STC’s can then go to any production person who they think may want to come in to work O/T. They will not be given a sequence of call in number and should only be called for employees assigned additional O/T opportunities if the same circumstances occur. 20. Hours of rest between worked shifts shall be equal to schedules with normal the length of the last shift worked. EXAMPLE: An eight hour non-continuous shift worker who works a twelve hour O/T shift would be required to have a 12 hour daysrest period before working another shift. But However, arrangements for O/T such as calling the employee can take place during the twelve or eight hour rest period. This should be done in a reasonable fashion and should take into consideration the employee’s sleep periods. 21. A Day Worker who is called to work OT shall have a twelve (12) hour rest period between work periods. This does not apply or include emergency call- ins in the employee’s own Line of Progression. 22. The maximum number of hours that can be worked by production employee’s within a normal pay week is sixty (60) 23. Whenever possible upgrade within a crew first, and have the overtime employee fill from the bottom. 24. Students will not be issued an overtime number. Students may sign the “off- the-list” sign-up sheet. Students will be offered an OT position only after all other purposes any day applicable OT lists have been exhausted and if the Student is trained and qualified for the job. 25. Probationary production employees shall be allowed to sign up for overtime as soon as they are deemed to qualified. Probationary employees will then be given an O/T number and follow the same overtime sign-up and call-in process as a twenty-four hour period as shown in schedules established from time to timeregular production employee. (l) A meal up to the value of $9.25 shall be provided in accordance with the Meal Procurement Procedure. (m) When an employee is called upon to a jury selection process or to render jury duty by a duly constituted authority the employee will be paid for the time lost by reason of such duty on the basis of said employee‟s normal daily hours of work.

Appears in 1 contract

Samples: Collective Bargaining Agreement

OVERTIME AND OTHER ALLOWANCES. (a) An employee shall be paid at the rate of time and one-half for work required to be performed in excess of the employee‟s normal employee’s nor- mal number of daily hours of work in any one day or in any continuous period., pro- vided however that the said employee shall be paid at the rate of double time, instead of at the rate of time and one-half, for all hours worked in excess of four hours beyond the normal number of daily hours of work in any one day or in any continuous (b) An employee shall be paid at the rate of dou- ble time for work required to be performed on his/her assigned regular day of rest. The employee shall be paid at the rate of time and one-half for work required to be performed on his / his/her assigned extra days of rest, provided however, that he/she shall be paid at the rate of double time instead of at the rate of time and one-half, for all hours worked in excess of four hours beyond the normal number of daily hours of work on that day or in any continuous period. The assigned extra days of rest (e.g. “r” or a, b, c, d, e) and the assigned regular day of restrest (e.g. “R” or A, B, C, D, E) shall be as shown on shift schedules. It is understood that when an employee works seven consecutive normal eight hour days, none of which is a day of rest, the employee‟s employee’s eighth day will be deemed to be the employee‟s employee’s assigned regular day of rest. (c) If an employee is required by the Company to report to the said Site for work related purposes at other than his / his/her regularly scheduled working hours, the employee shall be paid at the rate of time and one-one- half for all hours worked at other than his / his/her regularly scheduled working hours provided, however, that said employee shall be paid at the rate of double time instead of at the rate of time and one-half for all hours worked in excess of four hours beyond the normal number of daily hours of work on that day or in any continuous period. In any event the employee shall be paid at the employee‟s employee’s straight time rate only for regularly scheduled hours worked. The employee shall be paid a minimum amount of 3 equivalent to pay for four hours pay at the applicable overtime his/her straight time rate if the employee‟s employee’s pay for the performance of such work is less than this amount, except when such work forms a continuous period with the employee‟s employ- ee’s regularly scheduled working hours, in which case no minimum shall apply. If the said employee is entitled to the payment provided in clause (g) this minimum amount shall be paid in addition thereto for the performance of such work on a holiday. (d) If an employee is required by the Company to report to the said Site on less than twenty-twenty- two hours‟ hours’ notice, to perform work at other than said employee‟s employee’s regularly scheduled working hours, the Company will provide transportation to the said Site for the employee employ- ee or will pay the employee one hours‟ hours’ pay at his / his/her straight time rate. If the employee is entitled to payment under the provisions of clause (b), (c), ) or (h) this travelling allowance shall be paid in addition thereto. (e) Whenever an employee‟s employee’s schedule is changed by the Company so as to result in regularly scheduled working hours with new starting and finishing times or a change between a day schedule and a shift schedule, the employee shall be paid at the rate of time and one-half for work performed during the employee‟s employee’s first working day following fol- lowing such change unless thirty or more hours‟ hours’ notice (Friday 1800 hours) prior to the commencement of the calendar week of the employee‟s employee’s new schedule in which the change occurs has been given to said employee by the Company. However, the employee shall be paid at the rate of double time instead of at the rate of time and one- half for all hours worked in excess of four hours beyond the normal number of daily hours of work on that day or in any continu- ous period. (f) Notwithstanding the foregoing provisions of this Article IXVII, and an employee shall not be paid at the rate of time and one-half for overtime work if such overtime work, is performed by an employee in exchange for his / his/her regularly regular- ly scheduled hours by special arrangement with another or other employees who may wish to change or exchange working hours. This opportunity is contingent upon meeting criteria established by the Company. (g) An employee shall, subject to the second paragraph of this clause, be paid an amount equivalent to eight hours‟ hours’ pay at said employee‟s employee’s straight time hourly rate for the following holidays whether or not the employee works on such holidays: New Year‟s Year’s Day, Family Heritage Day (third the second Monday in February), the first Monday in the mid-winter win- ter school break, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Day and Boxing Day. However, an employee shall not be entitled to be so paid: (i) if the employee does not work on such holidays holi- day when he / she is the employee has been required or scheduled to do so. Notwithstanding the foregoing, the employee shall be entitled to be so paid when leave of if such absence has been granted for paid disability, jury duty, or bereavement;is due to disabili- (ii) if the employee is absent without good cause on the scheduled working day immediately preceding or succeeding such holiday; (iii) if the employee is absent for any reason on both the scheduled working days immediately immediate- ly preceding and succeeding such holidaysholiday. Notwithstanding the foregoing foregoing, the employee shall be entitled to be so paid if such absence is due to the employee‟s said employee’s scheduled vacation or when leave of absence has been granted for paid a disability, jury duty, or bereavement; (iv) if such holiday occurs while the employee is on leave of absence. Notwithstanding the foregoing, the employee shall be entitled to be so paid if such absence is due to said employee‟s employee’s scheduled vacation or a disability.; (h) An employee who works on any of the holidays holi- days mentioned in clause (g) whether or not the employee is entitled to the payment provided pro- vided in clause (g) shall be paid at the rate of double time and one-half for all hours worked. (i) If another day is substituted by statute or decree or by mutual agreement between the parties for the observation observance of any of the , holidays listed in clause (g) the day of observance so substituted shall be deemed to be the holiday for the purpose of this Article IXVII. (j) An employee shall not be entitled to be paid under more than one clause of this Article unless otherwise specifically providedprovid- ed, and in any event the rate of payment including holiday and other allowances but excluding the minimum payment and travelling trav- xxxxxx allowance provided in clauses (c) and (d) shall not exceed three times the straight time hourly rate. (k) For purposes of establishing which shift crew employees, regularly scheduled to work on Sunday, shall receive Sunday premium and premium pay for work performed on the holidays shown in clause (g) of this Article IX, the day shall extend from midnight to midnight for employees assigned to schedules with normal eight hours days and from 0700 hours to 0700 hours for employees assigned to schedules with normal 12 hour days. But for all other purposes any day shall be deemed to be a twenty-four hour period as shown in schedules established from time to time. (l) A meal up to the value of $9.25 shall be provided in accordance with the Meal Procurement Procedure. (m) When an employee is called upon to a jury selection process or to render jury duty by a duly constituted authority the employee will be paid for the time lost by reason of such duty on the basis of said employee‟s normal daily hours of work.and

Appears in 1 contract

Samples: Collective Bargaining Agreement

OVERTIME AND OTHER ALLOWANCES. (a) An employee shall be paid at the rate of time and one-half for work required to be performed in excess of the employee‟s normal number of daily hours of work in any one day or in any continuous period. (b) An employee shall be paid at the rate of time and one-half for work required to be performed on his / her assigned regular day of rest. It is understood that when an employee works seven consecutive normal eight hour days, none of which is a day of rest, the employee‟s eighth day will be deemed to be the employee‟s assigned regular day of rest. (c) If an employee is required by the Company to report to the said Site for work related purposes at other than his / her regularly scheduled working hours, the employee shall be paid at the rate of time and one-half for all hours worked at other than his / her regularly scheduled working hours provided. In any event the employee shall be paid at the employee‟s straight time rate only for regularly scheduled hours worked. The employee shall be paid a minimum amount of 3 hours pay at the applicable overtime rate if the employee‟s pay for the performance of such work is less than this amount, except when such work forms a continuous period with the employee‟s regularly scheduled working hours, in which case no minimum shall apply. If the said employee is entitled to the payment provided in clause (g) this minimum amount shall be paid in addition thereto for the performance of such work on a holiday. (d) If an employee is required by the Company to report to the said Site on less than twenty-two hours‟ notice, to perform work at other than said employee‟s regularly scheduled working hours, the Company will provide transportation to the said Site for the employee or will pay the employee one hours‟ hour‟s pay at his / her straight time rate. If the employee is entitled to payment under the provisions of clause (b), (c), or (h) this travelling allowance shall be paid in addition thereto. (e) Whenever an employee‟s schedule is changed by the Company so as to result in regularly scheduled working hours with new starting and finishing times or a change between a day schedule and a shift schedule, the employee shall be paid at the rate of time and one-half for work performed during the employee‟s first working day following such change unless thirty or more hours‟ notice (Friday 1800 hours) prior to the commencement of the calendar week of the employee‟s new schedule in which the change occurs has been given to said employee by the Company. (f) Notwithstanding the foregoing provisions of this Article IX, and employee shall not be paid at the rate of time and one-half for overtime work if such overtime work, is performed by an employee in exchange for his / her regularly scheduled hours by special arrangement with another or other employees who may wish to change or exchange working hours. This opportunity is contingent upon meeting criteria established by the Company. (g) An employee shall, subject to the second paragraph of this clause, be paid an amount equivalent to eight hours‟ pay at said employee‟s straight time hourly rate for the following holidays whether or not the employee works on such holidays: New Year‟s Day, Family Day (third Monday in February), the first Monday in the mid-winter school break, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, and Boxing Day. However, an employee shall not be entitled to be so paid: i) if the employee does not work on such holidays when he / she is required or scheduled to do so. Notwithstanding the foregoing, the employee shall be entitled to be so paid when leave of absence has been granted for paid disability, jury duty, or bereavement; ii) if the employee is absent without good cause on the scheduled working day immediately preceding or succeeding such holiday; iii) if the employee is absent for any reason on both the scheduled working days immediately preceding and succeeding such holidays. Notwithstanding the foregoing the employee shall be entitled to be so paid if such absence is due to the employee‟s scheduled vacation or when leave of absence has been granted for paid disability, jury duty, or bereavement; iv) if such holiday occurs while the employee is on leave of absence. Notwithstanding the foregoing, the employee shall be entitled to be so paid if such absence is due to said employee‟s scheduled vacation or a disability. (h) An employee who works on any of the holidays mentioned in clause (g) whether or not the employee is entitled to the payment provided in clause (g) shall be paid at the rate of time and one-half for all hours worked. (i) If another day is substituted by statute or decree or by mutual agreement between the parties for the observation of any of the holidays listed in clause (g) the day of observance so substituted shall be deemed to be the holiday for the purpose of this Article IX. (j) An employee shall not be entitled to be paid under more than one clause of this Article unless otherwise specifically provided, and in any event the rate of payment including holiday and other allowances but excluding the minimum payment and travelling allowance provided in clauses (c) and (d) shall not exceed three times the straight time hourly rate. (k) For purposes of establishing which shift crew employees, regularly scheduled to work on Sunday, shall receive Sunday premium and premium pay for work performed on the holidays shown in clause (g) of this Article IX, the day shall extend from midnight to midnight for employees assigned to schedules with normal eight hours days and from 0700 hours to 0700 hours for employees assigned to schedules with normal 12 hour days. But for all other purposes any day shall be deemed to be a twenty-four hour period as shown in schedules established from time to time. (l) A meal up to the value of $9.25 shall be provided in accordance with the Meal Procurement Procedure. (m) When an employee is called upon to a jury selection process or to render jury duty by a duly constituted authority the employee will be paid for the time lost by reason of such duty on the basis of said employee‟s normal daily hours of work.

Appears in 1 contract

Samples: Collective Bargaining Agreement

OVERTIME AND OTHER ALLOWANCES. (a) An employee shall be paid at the rate of time and one-half for work required to be performed in excess of the employee‟s his normal number of daily hours of work in any one day or in any continuous period. (b) An employee provided, however, that he shall be paid at the rate of double time instead of at the rate of time and one-half for all hours worked in excess of twelve consecutive hours. An employee shall be paid at the rate of double time for work required to be performed on his / her regularly assigned regular day of rest. It is understood that when an employee works seven consecutive normal eight hour days, none The regularly assigned day of which is rest for shift workers on a con- tinuous shift basis shall be the second day off where two or three days off are indi- cated by the shift schedule. The regularly assigned day of rest, for day workers on a day shift basis, shall be the employee‟s eighth second day will off where two days off are indicated by the schedule. Except as otherwise stipulated in this clause an employee shall be deemed paid an amount equivalent to eight hours’ pay at his straight time hourly rate for the following holidays whether or not he works on such holidays: Good Friday Thanksgiving Day Victoria Day Remembrance Day Second Monday Christmas Day in June Boxing Day Canada Day New Year’s Eve Civic Holiday New Year’s Day Labour Day However, an employee shall not be entitled to be paid for such a holiday: if he does not work on the employee‟s assigned regular day of rest.holiday when he has been required or scheduled to do so; or (cii) If an employee if he is required by absent without good cause on his scheduled working day immediately preceding or succeeding the holiday; or (iii) if he is absent for any reason except on vacation, on both the scheduled work- ing days immediately preceding and succeeding the holiday; or (iv) if such holiday occurs while he is on leave of absence; or if has been in the employ of the Company to report for less than sixty consecutive days. An employee who works on any of the holidays listed in clause shall, if entitled to the said Site payment in clause be paid in addition thereto at the rate of time and one-half for all hours so worked. Where the provisions of clause of this Article V would apply to the work related purposes at other than his / her regularly scheduled working hoursif the day was not a holiday, the mini- mum payment and travelling allowance shall also apply. If not entitled to the payment in clause an employee shall be paid at the rate of time and one-half for all hours worked at other than his / her regularly scheduled working hours provided. In any event on the employee shall be paid at the employee‟s straight time rate only for regularly scheduled hours worked. The employee shall be paid a minimum amount of 3 hours pay at the applicable overtime rate if the employee‟s pay for the performance of such work is less than this amount, except when such work forms a continuous period with the employee‟s regularly scheduled working hours, in which case no minimum shall apply. If the said employee is entitled to the payment provided holidays listed in clause (g) this minimum amount shall be paid in addition thereto for the performance of such work on a holiday. (d) If an employee is required by the Company to report to the said Site on less than twenty-two hours‟ notice, to perform work at other than said employee‟s regularly scheduled working hours, the Company will provide transportation to the said Site for the employee or will pay the employee one hours‟ pay at his / her straight time rate. If the employee is entitled to payment under the provisions of clause (b), (c), or (h) this travelling allowance shall be paid in addition thereto. (e) Whenever an employee‟s schedule is changed by the Company so as to result in regularly scheduled working hours with new starting and finishing times or a change between a day schedule and a shift schedule, the employee shall be paid at the rate of time and one-half for work performed during the employee‟s first working day following such change unless thirty or more hours‟ notice (Friday 1800 hours) prior to the commencement of the calendar week of the employee‟s new schedule in which the change occurs has been given to said employee by the Company. (f) Notwithstanding the foregoing provisions of this Article IX, and employee shall not be paid at the rate of time and one-half for overtime work if such overtime work, is performed by an employee in exchange for his / her regularly scheduled hours by special arrangement with another or other employees who may wish to change or exchange working hours. This opportunity is contingent upon meeting criteria established by the Company. (g) An employee shall, subject to the second paragraph of this clause, be paid an amount equivalent to eight hours‟ pay at said employee‟s straight time hourly rate for the following holidays whether or not the employee works on such holidays: New Year‟s Day, Family Day (third Monday in February), the first Monday in the mid-winter school break, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, and Boxing Day. However, an employee shall not be entitled to be so paid: i) if the employee does not work on such holidays when he / she is required or scheduled to do so. Notwithstanding the foregoing, the employee shall be entitled to be so paid when leave of absence has been granted for paid disability, jury duty, or bereavement; ii) if the employee is absent without good cause on the scheduled working day immediately preceding or succeeding such holiday; iii) if the employee is absent for any reason on both the scheduled working days immediately preceding and succeeding such holidays. Notwithstanding the foregoing the employee shall be entitled to be so paid if such absence is due to the employee‟s scheduled vacation or when leave of absence has been granted for paid disability, jury duty, or bereavement; iv) if such holiday occurs while the employee is on leave of absence. Notwithstanding the foregoing, the employee shall be entitled to be so paid if such absence is due to said employee‟s scheduled vacation or a disability. (h) An employee who works on any of the holidays mentioned in clause (g) whether or not the employee is entitled to the payment provided in clause (g) shall be paid at the rate of time and one-half for all hours worked. (i) If another day is substituted by statute or decree or by mutual agreement between the parties for the observation observance of any of the holidays listed in clause (g) the day of observance xxxxx- xxxxx so substituted shall be deemed to be the holiday for the purpose of this Article IX. If an employee is summoned by the Company on less than sixteen hours’ notice to the said Works for the performance of any work at other than his regularly scheduled working hours, he shall be paid at the rate of time and one-half for such unscheduled work or at his straight time rate for a minimum of four hours, whichever is the greater, except when such work continues into the employees’ regularly scheduled working hours, in which case no minimum shall apply. If an employee is advised after he has left the said Works to report for such unscheduled work, he shall, in addition, be paid a travelling allowance equivalent to pay for one hour at his straight time rate. Whenever an employee’s regularly sched- uled working hours are changed by the Com- pany, that is both starting and finishing times changed, he shall be paid at the rate of time and one-half for work performed during his first working day following such change, unless a minimum of twenty-four hours prior notice of such change has been given to him by the Company. Notwithstanding the foregoing provisions of this Article V an employee shall be paid at the straight time rate for overtime work performed, with the permission of the xxxxxxx, at the employee’s own request in substitution for his regularly scheduled working hours or in an exchange of working hours with another employee. If as a result of a change in schedule any employee is required to work in excess of seven consecutive days without having been paid at the rate of time and one-half or double time for an entire shift under the pro- visions of clause (j) a), or for one or more of such seven consecutive days, he will be paid at the rate of time and one-half for the eighth day worked. An employee shall not be entitled to be paid under more than one clause of this Article V unless otherwise specifically providedprovided and, and in any event event, the rate of payment including holiday and other allowances but payment, excluding the minimum payment and travelling allowance provided time provid- ed for in clauses (c) and (d) clause shall not exceed three twice the straight time hourly rate except in respect of work performed on a holiday speci- fied in clause in which case such rate, excluding the minimum payment and travelling time provided for in clause but including the holiday allowance provided for in clause shall not exceed two and one-half times the straight time hourly rate. (k) For purposes of establishing . An employee summoned to report for jury duty on a day on which shift crew employees, he is regularly scheduled sched- uled to work on Sunday, shall receive Sunday premium and premium pay for work performed on the holidays shown in clause (g) of this Article IX, the day shall extend from midnight to midnight for employees assigned to schedules with normal eight hours days and from 0700 hours to 0700 hours for employees assigned to schedules with normal 12 hour days. But for all other purposes any day would have worked had he not been so summoned shall be deemed to be a twenty-four hour period as shown in schedules established from time to time. (l) A meal up to paid the value of $9.25 shall be provided in accordance with amount, if any, by which the Meal Procurement Procedure. (m) When an employee is called upon to a jury selection process or to render payment re- ceived by him for jury duty by a duly constituted authority on any such day is less than the employee will be amount he would have been paid for the time lost he is required to be absent from his normal regularly scheduled hours of work on such day calculated at his applicable straight time hourly rate. To be eligible for such payment the employee must notify his immediate supervision as soon as possible following receipt of the notice to report for jury duty and must furnish to the Company satisfac- tory proof from the court, showing the dates, the time served and the amount paid for such service. It is understood that an employee shall report for his regular duties with the Company at such times as his services are not required by reason the Court for jury duty. (a) An employee who has been in the employ of such duty the Company for thirty consecutive calendar days shall be eligible for the following bereavement leave: in the case of an absence from work for the purpose of arranging and/or attending the funeral or service of a wife, husband, daughter, son, mother, father, sister, brother, mother-in-law, father-in-law, up to a maximum of three consecutive days within the period commencing on the basis date of said employee‟s normal daily hours death and extending up to and including the date of workthe funeral or service.

Appears in 1 contract

Samples: Collective Bargaining Agreement

OVERTIME AND OTHER ALLOWANCES. (a) An employee shall be paid at the rate of time and one-half for work required to be performed in excess of the employee‟s employee’s normal number of daily hours of work in any one day or in any continuous period. (b) , provided however that the said employee shall be paid at the rate of double time instead of at the rate for all hours worked in hours beyond the normal number of daily hours of work in any one day or in any continuous period. An employee shall be paid at the rate of double time for work required to be per- formed on his/her assigned regular day of rest. The employee shall be paid at the rate of time and one-half for work required to be performed on his / his/her assigned extra days of rest, provided however, that he/she shall be paid at the rate of double time instead of at the rate of time and one-half, for all hours worked in excess of four hours beyond the normal number of daily hours of work on that day or in any continuous period. The assigned extra days of rest (e.g. or a, and the assigned regular day of restrest (e.g. or A, shall be as shown on shift schedules. It is understood that when an employee works seven consecutive normal eight hour days, none of which is a day of rest, the employee‟s employee’s eighth day will be deemed to be the employee‟s employee’s assigned regular day of rest. (c) . If an employee is required by the Company to report to the said Site for to perform work related purposes at other than his / his/her regularly scheduled working hours, the employee shall be paid at the rate of time and one-half for all hours worked at other than his / his/her regularly regular- ly scheduled working hours provided, however, that said employee shall be paid at the rate of double time instead of at the rate of time and one-half for all hours worked in excess of four hours beyond the normal number of daily hours of work on that day or in any continuous period. In any event the employee shall be paid at the employee‟s employee’s straight time rate only for regularly scheduled hours worked. The employee shall be paid a minimum amount of 3 equivalent to pay for four hours pay at the applicable overtime his/her straight time rate if the employee‟s employee’s pay for the performance of such work is less than this amount, except when such work forms a continuous period with the employee‟s employee’s regularly scheduled working hours, in which case no minimum shall apply. If the said employee is entitled to the payment provided in clause (g) this minimum amount shall be paid in addition thereto for the performance of such work on a holiday. (d) . If an employee is required by the Company to report to the said Site on less than twentytwen- ty-two hours‟ hours’ notice, to perform work at et other than said employee‟s employee’s regularly scheduled working hours, the Company will provide transportation to the said Site for the employee or will pay the employee one hours‟ hours’ pay at his / his/her straight time rate. If the employee is entitled to payment under the provisions of clause (b), (c), or (h) this travelling allowance shall be paid in addition thereto. (e) . Whenever an employee‟s employee’s schedule is changed by the Company so as to result in regularly scheduled working hours with new starting and finishing times or a change between a day schedule and a shift schedule, the employee shall be paid at the rate of dou- ble time instead of at the rate of time and one-half for all hours worked in excess of four hours beyond the normal number of daily hours of work performed during the employee‟s first working on that day following such change unless thirty or more hours‟ notice (Friday 1800 hours) prior to the commencement of the calendar week of the employee‟s new schedule in which the change occurs has been given to said employee by the Company. (f) any continuous period. Notwithstanding the foregoing provisions of this Article IXVII, and an employee shall not be paid at the rate of time and one-half for overtime work if such overtime work, is performed by an employee in exchange for his / his/her regularly scheduled hours by special arrangement with another or other employees who may wish to change or exchange working hours. This opportunity is contingent upon meeting meet- ing criteria established by the Company. (g) . An employee shall, subject to the second paragraph of this clause, be paid an amount equivalent to eight hours‟ hours’ pay at said employee‟s employee’s straight time hourly rate for the following holidays whether or not the employee works on such holidays: New Year‟s Year’s Day, Family Heritage Day (third the second Monday in February), the first Monday in the mid-winter school break, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Day and Boxing Day. However, an employee shall not be entitled enti- tled to be so paid: i) : if the employee does not work on such holidays holiday when he / she is the employee has been required or scheduled to do so. Notwithstanding the foregoing, the employee shall be entitled to be so paid when leave of if such absence has been granted for paid is due to disability, jury duty, or bereavement; ii) ; if the employee is absent without good cause on the scheduled working day immediately preceding or succeeding such holiday; iii) if the employee is absent for any reason on both the scheduled working days immediately preceding and succeeding such holidays. Notwithstanding the foregoing the employee shall be entitled to be so paid if such absence is due to the employee‟s scheduled vacation or when leave of absence has been granted for paid disability, jury duty, or bereavement; iv) if such holiday occurs while the employee is on leave of absence. Notwithstanding the foregoing, the employee shall be entitled to be so paid if such absence is due to said employee‟s scheduled vacation or a disability. (h) An employee who works on any of the holidays mentioned in clause (g) whether or not the employee is entitled to the payment provided in clause (g) shall be paid at the rate of time and one-half for all hours worked. (i) If another day is substituted by statute or decree or by mutual agreement between the parties for the observation of any of the holidays listed in clause (g) the day of observance so substituted shall be deemed to be the holiday for the purpose of this Article IX. (j) An employee shall not be entitled to be paid under more than one clause of this Article unless otherwise specifically provided, and in any event the rate of payment including holiday and other allowances but excluding the minimum payment and travelling allowance provided in clauses (c) and (d) shall not exceed three times the straight time hourly rate. (k) For purposes of establishing which shift crew employees, regularly scheduled to work on Sunday, shall receive Sunday premium and premium pay for work performed on the holidays shown in clause (g) of this Article IX, the day shall extend from midnight to midnight for employees assigned to schedules with normal eight hours days and from 0700 hours to 0700 hours for employees assigned to schedules with normal 12 hour days. But for all other purposes any day shall be deemed to be a twenty-four hour period as shown in schedules established from time to time. (l) A meal up to the value of $9.25 shall be provided in accordance with the Meal Procurement Procedure. (m) When an employee is called upon to a jury selection process or to render jury duty by a duly constituted authority the employee will be paid for the time lost by reason of such duty on the basis of said employee‟s normal daily hours of work.

Appears in 1 contract

Samples: Collective Bargaining Agreement

OVERTIME AND OTHER ALLOWANCES. (a) An employee shall be paid at the rate of time and one-half half, calculatedto the nearest quarter hour, for work required to be performed in excess of the employee‟s their normal number of daily hours of work in any one day or in any continuous period. (b) An work. However, an employee shall be paid at the rate of double time and one-half for work required to be performed on his / her assigned regular day instead of rest. It is understood that when an employee works seven consecutive normal eight hour days, none of which is a day of rest, the employee‟s eighth day will be deemed to be the employee‟s assigned regular day of rest. (c) If an employee is required by the Company to report to the said Site for work related purposes at other than his / her regularly scheduled working hours, the employee shall be paid at the rate of time and one-half for all hours worked at other in excess of twelve in the case of an shift employee, or sixteen (16) in the case of a 12-hour shift employee in any one day, or, if not in one day, in excess of twelve (12) or sixteen (16) hours respectively, provided such hours have been worked consecutively or have not been interrupted otherwise than his / her regularly scheduled working by a period of two (2) hours providedor less. In any event the An employee shall be paid at the employee‟s straight rate of double time rate only for work required to be performed on their regularly assigned day of rest. The regularly assigned day of rest for shift workers on a two shift basis shall be the first day off where one (1)day off is indicated by the shift schedule and the first day off where two (2) days off are indicated by the shift schedule. The regularly assigned day of rest for day workers on a day shift basis and for employees assigned to twelve- hour shifts shall be the first day off in the calendar week. All numbered individual days off (numbered in the shift schedule in effect on the effective date of this Agreement) shall be considered regularly assigned days of rest for the purpose of this Clause; nothing in the foregoing excepted. A lieu number will be assignedto an employee at the time he or she reports to their continuous shift. Wherever practical, should retain the same lieu number. In the case of a lieu number change, the Company will endeavour to assign a number comparable to the lieu number previously held by that employee. If an employee is required to report to the said Site for the performance of any work at other than their regularly scheduled hours worked. The employee working hours, they shall be paid a minimum amount of 3 equivalent to pay for four (4) hours pay at the applicable overtime their straight time rate if the employee‟s their pay for the performance of such work performed is less than this amount, amount except when such unscheduled work forms a continuous period with the employee‟s employee's regularly scheduled working hours, in which case no minimum shall apply. If In addition in the said employee is entitled to the payment provided in clause (g) this minimum amount shall be paid in addition thereto for the performance absence of such work on a holiday. (d) If an employee is required by the Company to report to the said Site on less than twenty-two hours‟ notice, to perform work at other than said employee‟s regularly scheduled working hours, normal transportation facilities the Company will provide transportation to the said Site for the employee or will required to perform special work as outlined in the first paragraph of this Clause, or, if the Company has no transportation available the Companywill pay the employee one hours‟ (1)hour's pay at his / her their straight time rate. If the employee is entitled to payment under the provisions of clause (b)When an employee’s, (c)other than a twelvehour shift employee, or (h) this travelling allowance shall be paid in addition thereto. (e) Whenever an employee‟s schedule is changed by the Company so as to result in regularly scheduled working hours with new are changed by the Company, that is, both starting and finishing times or a change between a day schedule and a shift schedulechanged, the employee they shall continue to be paid at on the rate basis of time and one-half their former schedule for work performed during the employee‟s their first working day following such change unless thirty or more hours‟ notice (Friday 1800 hours) prior to the commencement of the calendar week of the employee‟s new schedule in which the such change occurs has been given to said employee them by the Company. Company four (f24) Notwithstanding the foregoing provisions of this Article IX, and employee shall not be paid at the rate of time and one-half for overtime work if such overtime work, is performed by an employee in exchange for his / her regularly scheduled hours by special arrangement with another or other employees who may wish to change or exchange working hours. This opportunity is contingent upon meeting criteria established by the Company. (g) An employee shall, subject more prior to the second paragraph of this clauseold starting or the new starting time, be paid an amount equivalent to eight hours‟ pay at said employee‟s straight time hourly rate for whichever is the following holidays whether or not the employee works on such holidays: New Year‟s Day, Family Day (third Monday in February), the first Monday in the mid-winter school break, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, and Boxing Dayearlier. However, an employee shall not be entitled to be so paid: i) if the employee does not work on such holidays when he / she is required or scheduled to do so. Notwithstanding the foregoing, the employee shall be entitled to be so paid when leave of absence has been granted for paid disability, jury duty, or bereavement; ii) if the employee is absent without good cause on the scheduled working day immediately preceding or succeeding such holiday; iii) if the employee is absent for any reason on both the scheduled working days immediately preceding and succeeding such holidays. Notwithstanding the foregoing the employee shall be entitled to be so paid if such absence is due to the employee‟s scheduled vacation or when leave of absence has been granted for paid disability, jury duty, or bereavement; iv) if such holiday occurs while the employee is on leave of absence. Notwithstanding the foregoing, the employee shall be entitled to be so paid if such absence is due to said employee‟s scheduled vacation or a disability. (h) An employee who works on any of reports for work at their scheduled starting time without having been notified not to report and for whom no work is by the holidays mentioned in clause (g) whether or not the employee is entitled to the payment provided in clause (g) Company shall be paid at for a minimum of four (4) hours in the rate case of time and oneemployeesassignedto eight-half for all hours worked. (i) If another day is substituted by statute hour shifts, or decree or by mutual agreement between the parties for the observation of any of the holidays listed in clause (g) the day of observance so substituted shall be deemed to be the holiday for the purpose of this Article IX. (j) An employee shall not be entitled to be paid under more than one clause of this Article unless otherwise specifically provided, and in any event the rate of payment including holiday and other allowances but excluding the minimum payment and travelling allowance provided in clauses (c) and (d) shall not exceed three times the straight time hourly rate. (k) For purposes of establishing which shift crew employees, regularly scheduled to work on Sunday, shall receive Sunday premium and premium pay for work performed on the holidays shown in clause (g) of this Article IX, the day shall extend from midnight to midnight for employees assigned to schedules with normal eight hours days and from 0700 hours to 0700 hours for employees assigned to schedules with normal 12 hour days. But for all other purposes any day shall be deemed to be a twenty-four hour period as shown in schedules established from time to time. (l) A meal up to the value of $9.25 shall be provided in accordance with the Meal Procurement Procedure. (m) When an employee is called upon to a jury selection process or to render jury duty by a duly constituted authority the employee will be paid for the time lost by reason of such duty on the basis of said employee‟s normal daily hours of work.six

Appears in 1 contract

Samples: Collective Bargaining Agreement

OVERTIME AND OTHER ALLOWANCES. (a) In order to equitably provide opportunities for overtime, the Company will maintain and publish a Crew Overtime Opportunity List by line of progression and a Call In List for unscheduled overtime by line of progression. Employees may add or remove their names from the Call In List at their own discretion. No employee will be scheduled to work overtime on a Saturday or Sunday if scheduled on vacation on that or the next week. Prior to scheduling an employee to work overtime on a Saturday or Sunday, the Company will canvass the employees who normally perform the work for volunteers to work the required overtime. (i) In the event that it is accepted by the Company during the grievance process that the wrong individual has been given an overtime opportunity or call-in, the Company will provide remedy in kind by offering an opportunity to work the equivalent amount of overtime within a one (1) month period from the date of the grievance settlement. This overtime work will be provided to the individual at a time mutually agreeable to the Company and the employee in a good faith effort to implement the settlement. If it is shown that the Company did not fulfill a good faith obligation to provide the remedy in kind within the one (1) month period, the individual will be paid an equivalent amount for the overtime. (b) An employee shall be paid at the rate of time and one-half for work required to be performed in excess of the employee‟s normal number of daily hours of work in any one day or in any continuous period, provided, however, that he shall be paid at the rate of double time, instead of at the rate of time and one-half, for all hours worked in excess of four (4) hours beyond the normal number of daily hours of work in any one day or in any continuous period. (bc) An employee shall be paid at the rate of double time for work required to be performed on his regularly assigned day of rest. He shall be paid at the rate of time and one-one half for work required to be performed on his / her assigned regular day of rest. It is understood that when an employee works seven consecutive normal eight hour days, none of which is a extra day of rest, provided, however, that he shall be paid at the employee‟s eighth rate of double time, instead of at the rate of time and one half, for all hours worked in excess of four (4) hours beyond the normal number of daily hours of work on that day will be deemed to be the employee‟s assigned regular day of restor in any continuous period. (cd) If an employee is required by the Company to report to the said Site for to perform work related purposes at other than his / her regularly scheduled working hours, the employee he shall be paid at the rate of time and one-half for all hours worked at other than his / her regularly scheduled working hours hours, provided. In any event the employee , however, that he shall be paid at the employee‟s rate of double time instead of at the rate of time and one-half for all hours worked in excess of four (4) hours beyond the normal number of daily hours of work on that day or in any continuous period. In any event he shall be paid at his straight time rate only for regularly scheduled hours worked. The employee He shall be paid a minimum amount of 3 equivalent to pay for three hours pay at the applicable overtime his straight time rate if the employee‟s his pay for the performance of such work is less than this amount, except when such work forms a continuous period with the employee‟s his regularly scheduled working hours, in which case no minimum shall apply. If the said employee he is entitled to the payment provided in clause (gh) this minimum amount shall be paid in addition thereto for the performance of such work on a holiday. (de) If an employee is required by the Company to report to the said Site on less than twenty-two hours‟ notice, to perform work at other than said employee‟s his regularly scheduled working hours, the Company will provide transportation to the said Site for the employee or will pay the employee one hours‟ pay at his / her straight time rate. If the employee is entitled to payment under the provisions of clause (b), (c), or (h) this travelling allowance he shall be paid in addition theretoa travel allowance of two (2) hours' pay at straight time rate except when the work he is required to do forms a continuous period with his regularly scheduled working hours, or is for a period of four (4) hours or more on a day of rest provided the employee was notified to report prior to the completion of his last scheduled working day preceding such day of rest. (ef) Whenever an employee‟s employee's schedule is changed by the Company so as to result in regularly scheduled working hours with new starting and finishing times or a change between a day schedule and a shift scheduletimes, the employee he shall be paid at the rate of time and one-one half for work performed during the employee‟s his first working day following such change unless thirty or more hours‟ notice (Friday 1800 hours) prior to the commencement of the calendar week of the employee‟s new schedule in which the such change occurs has been given to said employee him by the CompanyCompany at least twenty-four (24) hours prior to the new starting time excluding scheduled days off, provided, however, that he shall be paid at the rate of double time instead of at the rate of time and one half, for all hours worked in excess of four (4) hours beyond the normal number of daily hours of work on that day or in any continuous period. (fg) Notwithstanding the foregoing provisions of this Article IXV, and an employee shall not be paid at the rate of time and one-one half or double time for overtime work if such overtime work, work is performed by an the employee at his own request in exchange for his / her regularly scheduled working hours or by special arrangement with another or other employees who may wish to change or exchange working hours. This opportunity It is contingent upon meeting criteria established understood that any change or exchange of hours or special arrangement must be approved in advance by the Companyemployee’s Site Supervisor. (gh) An employee shall, subject to the second paragraph of this clause, be paid an amount equivalent to eight hours‟ (8) hours' pay at said employee‟s his straight time hourly rate for the following holidays whether or not the employee he works on such holidays: New Year‟s Year's Day, Family Day (third Monday in February), the first Monday in the mid-winter school breakDay, Good Friday, Victoria Day, Summer Holiday, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Day and Boxing Day. However, an employee shall not be entitled to be so paidpaid for any such holiday: (i) if the employee If he does not work on such holidays that holiday when he / she is has been required or scheduled to do so. Notwithstanding the foregoing, the employee shall be entitled to be so paid when leave of absence has been granted for paid disability, jury duty, or bereavement; ii) if the employee is absent without good cause on the scheduled working day immediately preceding or succeeding such holiday; iii) if the employee is absent for any reason on both the scheduled working days immediately preceding and succeeding such holidays. Notwithstanding the foregoing the employee he shall be entitled to be so paid if such absence is due to a disability. (ii) If he is absent without prior permission on the employee‟s scheduled vacation working day immediately preceding or when leave of absence has been granted succeeding that holiday. (iii) If he is absent for paid disabilityany reason, jury duty, or bereavement; iv) if such holiday occurs while on both the employee is on leave of absencescheduled working days immediately preceding and succeeding that holiday. Notwithstanding the foregoing, the employee he shall be entitled to be so paid if such absence is due to said employee‟s his scheduled vacation or a disability. (hiv) If that holiday occurs while he is on leave of absence. Notwithstanding the foregoing, he shall be entitled to be so paid if such absence is due to his scheduled vacation or a disability. (i) An employee who works on any of the holidays mentioned in clause (g) whether or not the employee is entitled to the payment provided in clause (gh) shall be paid at the rate of time and one-one half for all hours workedworked up to the normal number of daily hours of work except in the case of a holiday which is also a regularly assigned day of rest when the rate of double time will be paid. Payment for hours worked in excess of the normal number of the daily hours of work on that day or in any continuous period shall be at the rate of double time. (ij) If another day is substituted by statute or decree or by mutual agreement between the parties for the observation observance of any of the holidays listed in clause (g) h), the day of observance so substituted shall be deemed to be the holiday for the purpose of this Article IX.V. (jk) An employee shall not be entitled to be paid under more than one clause of this Article Article, unless otherwise specifically provided, and in any event the rate of payment including holiday and other allowances but excluding the minimum payment and travelling travel allowance provided in clauses (cd) and (de) shall not exceed three (3) times the straight time hourly rate. (kl) For purposes of establishing which Employees who work an eight (8) hour or a ten (10) hour shift crew employees, regularly scheduled will be permitted to work up to a maximum of sixty (60) hours per week. However, if there are employees on Sunday, shall receive Sunday premium and premium pay for work performed on the holidays shown in clause (g) layoff from a particular line of this Article IXprogression, the day shall extend from midnight overtime for that line of progression will be limited to midnight for employees assigned to schedules with a four (4) week average of forty-eight (48) hours per employee. It is understood that all hours worked over the normal eight number of daily hours days and from 0700 hours to 0700 hours for employees assigned to schedules with normal 12 hour days. But for all other purposes any day shall be deemed to voluntary. This agreement regarding overtime limits is revocable on two (2) weeks written notice by either party. Such notice shall be a twenty-four hour period as shown in schedules established from time to time. (l) A meal up addressed to the value of $9.25 shall be provided in accordance with Site Operations Manager or the Meal Procurement ProcedureLocal Unit Chair Person, as the case may be. (m) When an employee is called upon to a jury selection process or to render jury duty by a duly constituted authority the employee will be paid for the time lost by reason of such duty on the basis of said employee‟s normal daily hours of work.

Appears in 1 contract

Samples: Collective Bargaining Agreement

OVERTIME AND OTHER ALLOWANCES. (a) An employee shall be paid at the rate of time and one-half for work required to be performed in excess of the employee‟s his normal number of daily hours of work in any one day or in any continuous period. (b) An employee provided, however, that he shall be paid at the rate of double time instead of at the rate of time and one-half for all hours worked in excess of twelve con- secutive hours. An employee shall be paid at the rate of double time for work required to be performed per- formed on his / her regularly assigned regular day of rest. It is understood that when an employee works seven consecutive normal eight hour days, none The regularly assigned day of which is rest for shift workers on a continuous shift basis shall be the second day off where two or three days off are indicated by the shift schedule. The regularly assigned day of rest, for day workers on a day shift basis, shall be the employee‟s eighth second day will off where two days off are indicated by the schedule. Except as otherwise stipulated in this clause an employee shall be deemed paid an amount equivalent to eight hours’ pay at his straight time hourly rate for the following holidays whether or not he works on such holidays: Good Friday Thanksgiving Day Victoria Day Remembrance Day Second Monday Christmas Day in June Boxing Day Canada Day New Year’s Eve Civic Holiday New Year’s Day Labour Day However, an employee shall not be entitled to be paid for such a holiday: If he does not work on the employee‟s assigned regular day of rest.holiday when he has been required or sche- duled to do so; or (cii) If an employee if he is required by absent without good cause on his scheduled working day imme- diately preceding or succeeding the holiday; or (iii) if he is absent for any reason except on vacation, on both the scheduled working days immediately preceding and succeeding the holiday; or (iv) if such holiday occurs while he is on leave of absence; or if he has been in the employ of the Company to report for less than sixty consecutive days. An employee who works on any of the holidays listed in clause shall, if entitled to the said Site payment in clause be paid in addition thereto at the rate of time and half for all hours so worked. Where the provisions of clause of this Article V would apply to the work related purposes at other than his / her regularly scheduled working hoursif the day was not a holiday, the minimum payment and travelling allowance shall also apply. If not entitled to the payment in clause an employee shall be paid at the rate of time and one-half for all hours worked at other than his / her regularly scheduled working hours provided. In any event on the employee shall be paid at the employee‟s straight time rate only for regularly scheduled hours worked. The employee shall be paid a minimum amount of 3 hours pay at the applicable overtime rate if the employee‟s pay for the performance of such work is less than this amount, except when such work forms a continuous period with the employee‟s regularly scheduled working hours, in which case no minimum shall apply. If the said employee is entitled to the payment provided holidays listed in clause (g) this minimum amount shall be paid in addition thereto for the performance of such work on a holiday. (d) If an employee is required by the Company to report to the said Site on less than twenty-two hours‟ notice, to perform work at other than said employee‟s regularly scheduled working hours, the Company will provide transportation to the said Site for the employee or will pay the employee one hours‟ pay at his / her straight time rate. If the employee is entitled to payment under the provisions of clause (b), (c), or (h) this travelling allowance shall be paid in addition thereto. (e) Whenever an employee‟s schedule is changed by the Company so as to result in regularly scheduled working hours with new starting and finishing times or a change between a day schedule and a shift schedule, the employee shall be paid at the rate of time and one-half for work performed during the employee‟s first working day following such change unless thirty or more hours‟ notice (Friday 1800 hours) prior to the commencement of the calendar week of the employee‟s new schedule in which the change occurs has been given to said employee by the Company. (f) Notwithstanding the foregoing provisions of this Article IX, and employee shall not be paid at the rate of time and one-half for overtime work if such overtime work, is performed by an employee in exchange for his / her regularly scheduled hours by special arrangement with another or other employees who may wish to change or exchange working hours. This opportunity is contingent upon meeting criteria established by the Company. (g) An employee shall, subject to the second paragraph of this clause, be paid an amount equivalent to eight hours‟ pay at said employee‟s straight time hourly rate for the following holidays whether or not the employee works on such holidays: New Year‟s Day, Family Day (third Monday in February), the first Monday in the mid-winter school break, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, and Boxing Day. However, an employee shall not be entitled to be so paid: i) if the employee does not work on such holidays when he / she is required or scheduled to do so. Notwithstanding the foregoing, the employee shall be entitled to be so paid when leave of absence has been granted for paid disability, jury duty, or bereavement; ii) if the employee is absent without good cause on the scheduled working day immediately preceding or succeeding such holiday; iii) if the employee is absent for any reason on both the scheduled working days immediately preceding and succeeding such holidays. Notwithstanding the foregoing the employee shall be entitled to be so paid if such absence is due to the employee‟s scheduled vacation or when leave of absence has been granted for paid disability, jury duty, or bereavement; iv) if such holiday occurs while the employee is on leave of absence. Notwithstanding the foregoing, the employee shall be entitled to be so paid if such absence is due to said employee‟s scheduled vacation or a disability. (h) An employee who works on any of the holidays mentioned in clause (g) whether or not the employee is entitled to the payment provided in clause (g) shall be paid at the rate of time and one-half for all hours worked. (i) If another day is substituted by statute or decree or by mutual agreement between the parties for the observation observance of any of the holidays listed in clause (g) the day of observance so substituted shall be deemed to be the holiday for the purpose of this Article IX. (j) An If an employee is summoned by the Company on less than sixteen hours notice to the said Works for the performance of any work at other than his regularly scheduled working hours, he shall not be entitled to be paid under more than one clause of this Article unless otherwise specifically provided, and in any event at the rate of payment including holiday time and other allowances but excluding the minimum payment and travelling allowance provided in clauses (c) and (d) shall not exceed three times the one-half for such unscheduled work or at his straight time hourly rate. (k) For purposes rate for a minimum of establishing four hours, whichever is the greater, except when such work continues into the employee’s regu- larly scheduled working hours, in which shift crew employees, regularly scheduled to work on Sunday, case no minimum shall receive Sunday premium and premium pay for work performed on the holidays shown in clause (g) of this Article IX, the day shall extend from midnight to midnight for employees assigned to schedules with normal eight hours days and from 0700 hours to 0700 hours for employees assigned to schedules with normal 12 hour daysapply. But for all other purposes any day shall be deemed to be a twenty-four hour period as shown in schedules established from time to time. (l) A meal up to the value of $9.25 shall be provided in accordance with the Meal Procurement Procedure. (m) When If an employee is called upon advised after he has left the said Works to a jury selection process or to render jury duty by a duly constituted authority the employee will report for such unscheduled work, he shall, in addi- tion, be paid a travelling allowance equivalent to pay for the one hour at his straight time lost by reason of such duty on the basis of said employee‟s normal daily hours of workrate.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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OVERTIME AND OTHER ALLOWANCES. (a) Applicable overtime rates will apply after all regular scheduled shifts/hours for the week have been fulfilled (the regular rate of pay for a scheduled shift will not change as the result of an extra shift being worked). Regular scheduled hours in excess of forty-four (44) hours per week will be paid at the rate of time and one half (1 ½). Contractual and Legislated approved leaves will not count against regular scheduled hours for the application of overtime rates. An employee is ineligible for overtime during a pay period that the employee is serving a disciplinary suspension. (b) An 8-hour employee shall be paid at the rate of time and one-half for work required to be performed in excess of the employee‟s normal number of daily hours of work in any one day or in any continuous period. (b) An period up to a maximum of 4 hours. However, the same 8 hour employee shall be paid at the rate of double time and one-half for all hours worked required to be performed in excess of 12 hours in any one day or continuous period. (c) Employees shall be paid at the rate of double time for work required to be performed on his / his/her Regular assigned regular day of restrest (big R). It is understood that when an employee works seven consecutive normal eight Regular days of rest for 12-hour days, none workers fall Saturday and Sunday on their scheduled weekends off. Their double time pay starts at 08:00 hours Saturday and ends at 08:00 hours Monday. Regular days of which is a rest for 8-hour workers fall on Sunday of their weekends off. Double time pay on their Regular day of rest, the employee‟s eighth day will be deemed to be the employee‟s assigned regular day of restrest starts at 00:01 hours Sunday and ends at 24:00 hours Sunday. (cd) If an An 8 hour employee is required by the Company to report to the said Site for plant to perform work related purposes at other than his / her their regularly scheduled working hours, the employee shall be paid at the rate of time and one-half for all hours worked at other than his / her their regularly scheduled working hours providedup to a total of twelve (12) hours. In any event the employee However, they shall be paid at the employee‟s straight rate of double time for all hours worked in excess of twelve (12) hours on that day or in any continuous period. Twelve (12) hour shift employees shall be paid at time and one half for all hours worked up to a total of 16 hours. However they shall be paid at the rate only of double time for regularly scheduled all hours workedworked in excess of sixteen (16) hours on that day or in any continuous period. The employee They shall be paid a minimum amount of 3 equivalent to pay for three hours pay at the applicable overtime their straight time rate if the employee‟s his/her pay for the performance of such work is less than this amount, except when such work forms a continuous period with the employee‟s his/her regularly scheduled working hours, in which case no minimum shall apply. If the said employee is they are entitled to the payment provided in Article 16, clause (ga) this minimum amount shall be paid in addition thereto for the performance of such work on a holiday. (de) If an employee is required by the Company to report to the said Site on less than twenty-two hours‟ notice, to perform work Plant at other than said employee‟s his/her regularly scheduled working hours, the Company will provide transportation to the said Site for the employee or will pay the employee one hours‟ pay at his / her straight time rate. If the employee is entitled to payment under the provisions of clause (b), (c), or (h) this travelling allowance he/she shall be paid in addition theretoa travel allowance of two hours' pay at straight time rate except when the work he/she is required to do carries over from his/her regularly scheduled working hours, or is for a period of four (4) hours or more on a day of rest provided the employee was notified to report prior to the completion of his/her last shift worked preceding such day of rest. (ef) Whenever an employee‟s employee's schedule is changed by the Company so as to result in regularly scheduled working hours with new starting and finishing times or a change between a day schedule and a shift scheduletimes, the employee he/she shall be paid at the rate of time and one-half for work performed during the employee‟s his/her first working day following such change unless thirty or more hours‟ notice (Friday 1800 hours) prior to the commencement of the calendar week of the employee‟s new schedule in which the such change occurs has been given to said employee him/her by the Company. Company at least twenty-four (f24) Notwithstanding hours prior to the foregoing provisions of this Article IXnew starting time, and employee provided, however, that he/she shall not be paid at the rate of double time instead of at the rate of time and one-half half, for overtime all hours worked in excess of four (4) hours beyond the normal number of daily hours of work if such overtime work, is performed by an employee on that day or in exchange for his / her regularly scheduled hours by special arrangement with another or other employees who may wish to change or exchange working hours. This opportunity is contingent upon meeting criteria established by the Companyany continuous period. (g) An employee shall, subject to Notwithstanding the second paragraph provisions of this clauseArticle, if an employee mutually exchanges a shift with another employee, with the permission of the supervisor, the employee who was originally scheduled to do the work will be provided with premium payments he/she would have otherwise been entitled to receive for all hours worked in excess of 44 hours in a week. The individual who actually performed the work as part of a mutual will be paid an amount equivalent to eight hours‟ pay at said employee‟s in straight time hourly rate for the following holidays whether or not regardless of how many hours the employee works on such holidays: New Year‟s Day, Family Day (third Monday in February), the first Monday has worked in the mid-winter school break, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, week and Boxing Day. However, an employee shall not be entitled to be so paid: i) if the employee does not work on such holidays when he / she is required or scheduled to do soovertime. Notwithstanding the foregoingHowever, the employee shall who gave up his shift as part of the mutual exchange will only be entitled able to put his name on the ‘off the list’ (and not the O/T Sign-Up sheet) with respect to additional shifts that could become available in the same week. If the employee who gave up his shift works any additional shifts in the same week as a result of being called in from the ‘off the list’ will be so paid when leave the applicable overtime rate for all work performed for this shift. For example, if an employee is scheduled to work 36 hours in a week and gives up a shift to another employee as part of absence has been granted for paid disabilitya mutual exchange, jury dutywith the permission of his supervisor, or bereavement; ii) the employee will still be eligible to earn the applicable overtime rate if the employee is absent without good cause on called into work from the scheduled working day immediately preceding or succeeding such holiday; iii) if ‘off the list’. In the circumstances where an employee is absent simply gives his shift away, with the permission of the supervisor, the individual who performs the work will be paid straight time in all circumstances not overtime for any reason on both of the scheduled working days immediately preceding and succeeding such holidays. Notwithstanding the foregoing the employee shall be entitled to be so paid if such absence is due to the employee‟s scheduled vacation or when leave of absence has been granted for paid disability, jury duty, or bereavement; iv) if such holiday occurs while the employee is on leave of absence. Notwithstanding the foregoing, the employee shall be entitled to be so paid if such absence is due to said employee‟s scheduled vacation or a disabilitywork performed. (h) An employee who works on any of the holidays mentioned in clause (g) whether or not the employee is entitled to the payment provided in clause (g) shall be paid at the rate of time and one-half for all hours worked. (i) If another day is substituted by statute or decree or by mutual agreement between the parties for the observation of any of the holidays listed in clause (g) the day of observance so substituted shall be deemed to be the holiday for the purpose of this Article IX. (j) An employee shall not be entitled to be paid under more than one clause of this Article Agreement, unless otherwise specifically provided, and in any event the rate of payment including holiday and other allowances but excluding the minimum payment and travelling travel allowance provided in clauses (cd) and (de) shall not exceed three (3) times the straight time hourly rate. (ki) For purposes Regular Overtime Call-in 1. The Shift Supervisor will issue the OT Sign-up Sheet(s) dated for the next set of establishing which Days Off. i.e. Mon/Tue, Wed/Thurs., Fri/Sat/Sun for E/B and W/F. The Shift Set OT sheets will be picked up before 16:00 of the last working day shift crew employeesprior to the OT period and displayed in the Shift Supervisor’s office window. 2. Off the List OT Signup Sheets with one week duration (Sunday to Saturday) will be put out by the Shift Supervisor on the Monday prior to the overtime week and picked up by the Shift Supervisor and displayed in the Shift Supervisor’s office by 16:00 on the Thursday prior to the overtime week. 3. All employees will be given an overtime number. It is the responsibility of the employee to provide the Shift Supervisor with a current phone number for O/T purposes. 4. Those employees on the “working” crews who want the opportunity for overtime call-ins on their Days Off, regularly scheduled will indicate this by signing up on the O/T Sign-up Sheet(s). An employee may decline to work on Sunday, shall receive Sunday premium and premium pay a specific shift by “signing off” - initialing that shift. The employee will not be called for work performed that shift but will be counted as an opportunity for overtime. This will be recorded with an R on the holidays shown overtime sheet. 5. The employees wanting an overtime opportunity must indicate this by signing up on the O/T Sign-up Sheet(s) by 16:00 Hrs of the last working day shift. 6. Production employees currently assigned to the Weaving/Finishing Line of Progression or Extrusion/Beaming Line of Progression will enter their name, crew in clause the appropriate spot next to their “Order of Call-in Listing Number” for their current Line of Progression. Employees from all other Lines of Progression (gMaintenance Department, Quality Lab, Service Operators, and Material Handling) can request a call in sequence number for the Off the List signup sheet through their Supervisor providing they are qualified. They shall sign their name on the “Off the List” signup sheet using their assigned OT number to indicate they are interested in working an OT shift for the specified period. 7. Employees wishing to sign up for an overtime opportunity after the 16:00 Hrs. cut-off time, can do so, but will not be given a sequence of call in number. Their name will be added in the late sign up section on the O/T sheets. They may be offered overtime only after the regular list and off-the-list has been exhausted. 8. The Shift Supervisor shall offer opportunities for regular O/T to employees in the following order of priority: • Employees on the regular O/T CALL-IN LIST for their Line of Progression. • Employees signed up on the “off-the-list” sign-up sheet provided they are qualified. • Students, provided they are qualified. 9. The Shift Supervisor will start with the next person after the last one called on the previous selection from the Order of Call-in Listing. 10. At times it may become necessary to call in employee(s) who are specifically trained and qualified for the assignment requiring O/T and it is not possible for the Shift Supervisor to fill this Article IXassignment through crew upgrading. In such a case the Shift Supervisor may skip over employee(s) on the O/T Sign-up Sheet(s) who lack the required training and qualifications to get to the employee(s) needed for the job. 11. As soon as a “special skills” O/T is filled, the day Shift Supervisor will go back to the skipped employee(s) and contact them in their call-in order before another employee is called. 12. An employee who has been skipped on the existing O/T Sign-up Sheets and did not get a catch-up opportunity, will be the first eligible candidate for an O/T opportunity on the next O/T Sign-up Sheet(s), providing the employee has signed up. If he did not sign up then the normal way of determining who will be called next will be resumed for this and the following O/T Sign-up Sheet(s). 13. Once the regular O/T list has been exhausted the Shift Supervisor will then proceed to the “Off-the-List” sign-up sheet and commence calling, picking up from the last number called from the previous “off-list” overtime opportunity. Calls to fill vacancies from the “Off-the-List” sign-up sheet will be made following the same rules as the regular O/T list. Non-production employees who wish to work overtime outside of their Line of Progression, or are on a different shift schedule will sign the “Off-the-List” sign-up sheet and include their name and overtime number. 14. The Shift Supervisor will record all pertinent data on the O/T Sign-up Sheet(s) such as: • the date and shift the O/T is required for, • the proper code describing the resolution of the call(s) for O/T, • the newly determined start point after the last round. 15. An employee is ineligible for overtime during a pay period that the employee is serving a disciplinary suspension. 16. Employees on Modified Hours or Medically Placed shall extend from midnight only be offered/accept O/T that is within their capabilities and limitations. They must sign the “off-the- list” sign-up sheet. 17. Employees are expected to midnight for employees assigned sign up in person but will have the option to schedules with normal eight hours call the Shift Supervisor if they are off work on the days and from 0700 hours at the time the sign-ups are to 0700 hours take place to get their name on the list. The Shift Supervisor will determine if the employee is qualified to go on the list. 18. The call-in Code System to be used shall be as follows: A - Accepted R - Refused U - Unavailable W- Work schedule conflict e.g. an employee worked the Night shift and thus cannot work O/T the next Day shift; or the employee is already committed to xxxxx stocking O/T, etc. S - Skipped because a specifically trained, skilled, or qualified operator is required to fill the O/T assignment and it was not possible to fill the position through upgrading within the crew. 19. Once the Shift Supervisor has gone through the formal O/T Sign-up Sheet(s) (both regular and “off-the-list”) and has had no response to the O/T call-ins, the Shift Supervisor will proceed to the Student List which is kept in the Shift Supervisor’s Office. Students will fill vacancies when no other regular employee is available. Students will work at straight time during the period of September through April (outside of the student’s summer vacation relief employment period- typically the period including May through August). Shift Supervisors can then go to any production person who they think may want to come in to work O/T. They will not be given a sequence of call in number and should only be called for employees assigned additional O/T opportunities if the same circumstances occur. 20. Hours of rest between worked shifts shall be equal to schedules with normal the length of the last shift worked. EXAMPLE: An eight hour non-continuous shift worker who works a twelve hour O/T shift would be required to have a 12 hour daysrest period before working another shift. But However, arrangements for O/T such as calling the employee can take place during the twelve or eight hour rest period. This should be done in a reasonable fashion and should take into consideration the employee’s sleep periods. 21. A Day Worker who is called to work OT shall have a twelve (12) hour rest period between work periods. This does not apply or include emergency call- ins in the employee’s own Line of Progression. 22. The maximum number of hours that can be worked by production employee’s within a normal pay week is sixty (60). 23. Whenever possible upgrade within a crew first, and have the overtime employee fill from the bottom. 24. Students will not be issued an overtime number. Students may sign the “off- the-list” sign-up sheet. Students will be offered an OT position only after all other purposes any day applicable OT lists have been exhausted and if the Student is trained and qualified for the job. 25. Probationary production employees shall be allowed to sign up for overtime as soon as they are deemed to qualified. Probationary employees will then be given an O/T number and follow the same overtime sign-up and call-in process as a twenty-four hour period as shown in schedules established from time to timeregular production employee. (l) A meal up to the value of $9.25 shall be provided in accordance with the Meal Procurement Procedure. (m) When an employee is called upon to a jury selection process or to render jury duty by a duly constituted authority the employee will be paid for the time lost by reason of such duty on the basis of said employee‟s normal daily hours of work.

Appears in 1 contract

Samples: Collective Bargaining Agreement

OVERTIME AND OTHER ALLOWANCES. (a) An employee shall be paid at the rate of time and one-half for work required to be performed in excess of the employee‟s employee’s normal number of daily hours of work in any one day or in any continuous period. (b) An employee shall be paid at the rate of time and one-half for work required to be performed on his / her assigned regular day of rest. It is understood that when an employee works seven consecutive normal eight hour days, none of which is a day of rest, the employee‟s employee’s eighth day will be deemed to be the employee‟s employee’s assigned regular day of rest. (c) If an employee is required by the Company to report to the said Maitland Site for work related purposes at other than his / her regularly scheduled working hours, the employee shall be paid at the rate of time and one-half for all hours worked at other than his / her regularly scheduled working hours provided. In any event the employee shall be paid at the employee‟s employee’s straight time rate only for regularly scheduled hours worked. The employee shall be paid a minimum amount of 3 hours pay at the applicable overtime rate if the employee‟s employee’s pay for the performance of such work is less than this amount, except when such work forms a continuous period with the employee‟s employee’s regularly scheduled working hours, in which case no minimum shall apply. If the said employee is entitled to the payment provided in clause (g) this minimum amount shall be paid in addition thereto for the performance of such work on a holiday. (d) If an employee is required by the Company to report to the said Maitland Site on less than twenty-two hours‟ hours’ notice, to perform work at other than said employee‟s employee’s regularly scheduled working hours, the Company will provide transportation to the said Site for the employee or will pay the employee one hours‟ hour’s pay at his / her straight time rate. If the employee is entitled to payment under the provisions of clause (b), (c), or (h) this travelling allowance shall be paid in addition thereto. (e) Whenever an employee‟s employee’s schedule is changed by the Company so as to result in regularly scheduled working hours with new starting and finishing times or a change between a day schedule and a shift schedule, the employee shall be paid at the rate of time and one-half for work performed during the employee‟s employee’s first working day following such change unless thirty or more hours‟ hours’ notice (Friday 1800 hours) prior to the commencement of the calendar week of the employee‟s employee’s new schedule in which the change occurs has been given to said employee by the Company. (f) Notwithstanding the foregoing provisions of this Article IX, and an employee shall not be paid at the rate of time and one-half for overtime work if such overtime work, is performed by an employee in exchange for his / her regularly scheduled hours by special arrangement with another or other employees who may wish to change or exchange working hours. This opportunity is contingent upon meeting criteria established by the Company. (g) An employee shall, subject to the second paragraph of this clause, be paid an amount equivalent to eight hours‟ hours’ pay at said employee‟s employee’s straight time hourly rate for the following holidays whether or not the employee works on such holidays: New Year‟s Year’s Day, Family Day (third Monday in February), the first Monday in the mid-winter school break, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, and Boxing Day. However, an employee shall not be entitled to be so paid: i) if the employee does not work on such holidays when he / she is required or scheduled to do so. Notwithstanding the foregoing, the employee shall be entitled to be so paid when leave of absence has been granted for paid disability, jury duty, or bereavement; ii) if the employee is absent without good cause on the scheduled working day immediately preceding or succeeding such holiday; iii) if the employee is absent for any reason on both the scheduled working days immediately preceding and succeeding such holidays. Notwithstanding the foregoing the employee shall be entitled to be so paid if such absence is due to the employee‟s employee’s scheduled vacation or when leave of absence has been granted for paid disability, jury duty, or bereavement; iv) if such holiday occurs while the employee is on leave of absence. Notwithstanding the foregoing, the employee shall be entitled to be so paid if such absence is due to said employee‟s employee’s scheduled vacation or a disability. (h) An employee who works on any of the holidays mentioned in clause (g) whether or not the employee is entitled to the payment provided in clause (g) shall be paid at the rate of time and one-half for all hours worked. (i) If another day is substituted by statute or decree or by mutual agreement between the parties for the observation of any of the holidays listed in clause (g) the day of observance so substituted shall be deemed to be the holiday for the purpose of this Article IX. (j) An employee shall not be entitled to be paid under more than one clause of this Article unless otherwise specifically provided, and in any event the rate of payment including holiday and other allowances but excluding the minimum payment and travelling allowance provided in clauses (c) and (d) shall not exceed three times the straight time hourly rate. (k) For purposes of establishing which shift crew employees, regularly scheduled to work on Sunday, shall receive Sunday premium and premium pay for work performed on the holidays shown in clause (g) of this Article IX, the day shall extend from midnight to midnight for employees assigned to schedules with normal eight hours days and from 0700 hours to 0700 hours for employees assigned to schedules with normal 12 hour days. But for all other purposes any day shall be deemed to be a twenty-four hour period as shown in schedules established from time to time. (l) A meal up to the value of $9.25 10.00 shall be provided in accordance with the Meal Procurement Procedure. (m) When an employee is called upon to a jury selection process or to render jury duty by a duly constituted authority the employee will be paid for the time lost by reason of such duty on the basis of said employee‟s employee’s normal daily hours of work. (n) The Company may average the regular hours of scheduled work over a two (2) week period for the purpose of insuring compliance with the overtime provisions of the Ontario Employment Standards Act.

Appears in 1 contract

Samples: Collective Bargaining Agreement

OVERTIME AND OTHER ALLOWANCES. (a) An employee Employees shall be paid at the rate of time and one-half for work required to be performed in excess of the employee‟s normal number of daily hours of work in any one day or in any continuous period. , provided however, that they shall be paid at the rate of double time, instead of at the rate of time and one-half, for all hours worked in excess of four (b4) An employee hours beyond the normal number of daily hours of work in any one day or in any continuous period. Employees shall be paid at the rate of time and one-half for work required to be performed on his / her their regularly assigned regular day of rest. It is understood that when an employee works seven consecutive normal eight hour days, none of which is a day of rest, the employee‟s eighth day will be deemed to be the employee‟s assigned regular day of rest. (c) If an employee is required by the Company to report to the said Site for work related purposes at other than his / her regularly scheduled working hours, the employee shall be paid at the rate of time and one-half for all hours worked at other than his / her regularly scheduled working hours provided. In any event the employee shall be paid at the employee‟s straight time rate only for regularly scheduled hours worked. The employee shall be paid a minimum amount of 3 hours pay at the applicable overtime rate if the employee‟s pay for the performance of such work is less than this amount, except when such work forms a continuous period with the employee‟s regularly scheduled working hours, in which case no minimum shall apply. If the said employee is entitled to the payment provided in clause (g) this minimum amount shall be paid in addition thereto for the performance of such work on a holiday. (d) If an employee is required by the Company to report to the said Site on less than twenty-two hours‟ notice, to perform work at other than said employee‟s regularly scheduled working hours, the Company will provide transportation to the said Site for the employee or will pay the employee one hours‟ pay at his / her straight time rate. If the employee is entitled to payment under the provisions of clause (b), (c), or (h) this travelling allowance shall be paid in addition thereto. (e) Whenever an employee‟s schedule is changed by the Company so as to result in regularly scheduled working hours with new starting and finishing times or a change between a day schedule and a shift schedule, the employee They shall be paid at the rate of time and one-half for work required to be performed during the employee‟s first working on their extra day following such change unless thirty or more hours‟ notice (Friday 1800 hours) prior to the commencement of the calendar week of the employee‟s new schedule in which the change occurs has been given to said employee by the Company. (f) Notwithstanding the foregoing provisions of this Article IXrest, and employee provided however, that they shall not be paid at the rate of double time instead of at the rate of time and one-half half, for overtime all hours worked in excess of four (4) hours beyond the normal number of daily hours of work if such overtime work, is performed by an employee on that day or in exchange for his / her regularly scheduled hours by special arrangement with another or other employees who may wish to change or exchange working hoursany continuous period. This opportunity is contingent upon meeting criteria established by the Company. (g) An employee shall, subject to the second paragraph of this clause, be paid an amount equivalent to eight hours‟ (8) hours pay at said employee‟s straight time hourly rate for the following holidays whether or not the employee works on such holidays: New Year‟s Years Day, Family Day (third Day, Monday in February), of the first Monday in the mid-winter school breakSchool Winter Holidays, Good Friday, Victoria Day, Canada Day, Third in July, Civic Holiday, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Day and Boxing DayDecember. However, an employee employees shall not be entitled to be so paid: i) : if the employee does they do not work on such holidays when he / she is they are required or scheduled to do so. Notwithstanding the foregoing, the employee they shall be entitled to be so paid when leave of absence has been granted for paid disability, jury duty, duty or bereavement; ii) . if the employee is they were absent without good cause on the scheduled working day immediately preceding or succeeding such holiday; iii) . if the employee is they are absent for any reason on both the scheduled working days immediately preceding and succeeding such holidays. Notwithstanding the foregoing the employee foregoing, they shall be entitled to be so paid if such absence is due to the employee‟s their scheduled vacation or when leave of absence has been granted for paid disability, jury duty, duty or bereavement; iv) . if such holiday occurs while the employee is they are on leave of absence, subject to the same exceptions as set out in subsection above. Notwithstanding the foregoing, the employee shall be entitled to be so paid if such absence is due to said employee‟s scheduled vacation or a disability. (h) An employee who works on any the following holidays: New Year’s Day, Family Day, Monday of the holidays mentioned School Winter Holidays, Victoria Day, Canada Day, Third Friday in clause (g) whether or not the employee is entitled to the payment provided in clause (g) July, Civic Holiday and 26th December shall be paid in addition thereto at the rate of time and one-half for all hours worked. (i) If another worked on that day is substituted by statute or decree or by mutual agreement between the parties for the observation of in any continuous period. An employee who works on any of the holidays listed in clause (g) the day of observance so substituted following holidays: Good Friday, Labour Day, Thanksgiving Day and Christmas Day shall be deemed to be the holiday for the purpose of this Article IX. (j) An employee shall not be entitled to be paid under more than one clause of this Article unless otherwise specifically provided, and in any event addition thereto at the rate of payment including holiday and other allowances but excluding the minimum payment and travelling allowance provided in clauses (c) and (d) shall not exceed three times the straight double time hourly rate. (k) For purposes of establishing which shift crew employees, regularly scheduled to work on Sunday, shall receive Sunday premium and premium pay for work performed on the holidays shown in clause (g) of this Article IX, the day shall extend from midnight to midnight for employees assigned to schedules with normal eight hours days and from 0700 hours to 0700 hours for employees assigned to schedules with normal 12 hour days. But for all other purposes hours worked on that day or in any day shall be deemed to be a twenty-four hour period as shown in schedules established from time to timecontinuous period. (l) A meal up to the value of $9.25 shall be provided in accordance with the Meal Procurement Procedure. (m) When an employee is called upon to a jury selection process or to render jury duty by a duly constituted authority the employee will be paid for the time lost by reason of such duty on the basis of said employee‟s normal daily hours of work.

Appears in 1 contract

Samples: Memorandum of Agreement

OVERTIME AND OTHER ALLOWANCES. (a) An employee shall be paid at the rate of time and one-half half, calculated to the nearest quarter hour, for work required to be performed in excess of the employee‟s their normal number of daily hours of work in any one day or in any continuous period. (b) An work. However, an employee shall be paid at the rate of double time and one-half for work required to be performed on his / her assigned regular day instead of rest. It is understood that when an employee works seven consecutive normal eight hour days, none of which is a day of rest, the employee‟s eighth day will be deemed to be the employee‟s assigned regular day of rest. (c) If an employee is required by the Company to report to the said Site for work related purposes at other than his / her regularly scheduled working hours, the employee shall be paid at the rate of time and one-half for all hours worked at other in excess of twelve in the case of an 8-hour shift employee, or sixteen (16) in the case of a 12-hour shift employee in any one day, or, if not in one day, in excess of twelve (12) or sixteen (16) hours respectively, provided such hours have been worked consecutively or have not been interrupted otherwise than his / her regularly scheduled working by a period of two (2) hours providedor less. In any event the An employee shall be paid at the employee‟s straight rate of double time rate only for work required to be performed on their regularly assigned day of rest. The regularly assigned day of rest for shift workers on a two shift basis shall be the first day off where one (1) day off is indicated by the shift schedule and the first day off where two (2) days off are indicated by the shift schedule. The regularly assigned day of rest for day workers on a day shift basis and for employees assigned to twelve-hour shifts shall be the first day off in the calendar week. All numbered individual days off (numbered in the shift schedule in effect on the effective date of this Agreement) shall be considered regularly assigned days of rest for the purpose of this Clause; nothing in the foregoing excepted. If an employee is required to report to the said Plant for the performance of any work at other than their regularly scheduled hours worked. The employee working hours, they shall be paid a minimum amount of 3 equivalent to pay for four (4) hours pay at the applicable overtime their straight time rate if the employee‟s their pay for the performance of such work performed is less than this amount, amount except when such unscheduled work forms a continuous period with the employee‟s employee's regularly scheduled working hours, in which case no minimum shall apply. If lo In addition in the said employee is entitled to the payment provided in clause (g) this minimum amount shall be paid in addition thereto for the performance absence of such work on a holiday. (d) If an employee is required by the Company to report to the said Site on less than twenty-two hours‟ notice, to perform work at other than said employee‟s regularly scheduled working hours, normal transportation facilities the Company will provide transportation to the said Site for the employee or required to perform special work as outlined in the first paragraph of this Clause, or, if the Company has no transportation available the Company will pay the employee one hours‟ (1) hour‘s pay at his / her their straight time rate. If the employee is entitled to payment under the provisions of clause (b)When an employee’s, (c)other than a twelve-hour employee, or (h) this travelling allowance shall be paid in addition thereto. (e) Whenever an employee‟s schedule is changed by the Company so as to result in regularly scheduled working hours with new are changed by the Company, that is, both starting and finishing times changed, they shall continue to be paid on the basis of their former schedule for work performed during their first working day following such change unless notice of such change has been given to them by the Company four (24) hours or more prior to the old starting or the new starting time, whichever is the earlier. An employee who reports for work at their scheduled starting time without having been notified not to report and for whom no work is provided by the Company shall be paid for a minimum of four (4) hours in the case of employees assigned to eight-hour shifts, or six (6) hours, in the case of employees assigned to hour shifts, at their straight time rate provided that such failure to provide work due to circumstances within the control of the Company. If as a result of a change between a day in schedule and a any employee not on the twelve-hour shift schedule, the employee shall schedule is required to work in excess of six (6) consecutive they will be paid at the rate of time and one-half for work performed during the employee‟s first working seventh day following such change unless thirty or more hours‟ worked, or, when six (36) hours notice (Friday 1800 hours) prior has not been provided to the commencement of the calendar week of the employee‟s new schedule in which the change occurs has been given to said an employee by the Company. (f) Notwithstanding the foregoing provisions of this Article IXon continuous operations, and employee shall not be paid at the rate of time and one-half for overtime work if such overtime work, is performed by an employee in exchange for his / her regularly scheduled hours by special arrangement with another or other employees who may wish to change or exchange working hours. This opportunity is contingent upon meeting criteria established by the Company. (g) An employee shall, subject to the second paragraph of this clause, will be paid an amount equivalent to eight hours‟ pay at said employee‟s straight time hourly rate for the following holidays whether or not first work period performed on any change of schedule unless such change of schedule commences on an employee’s days-off in which case they shall continue to be paid on the basis of their former schedule for the first such day worked and the employee works on such holidays: New Year‟s Day, Family Day (third Monday in February), the first Monday in the mid-winter school break, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, and Boxing Day. However, an employee shall will not be entitled to be so paid: i) if any other premium for the employee does not work on such holidays when he / she is required or change of schedule. Except, however, all hours scheduled to do so. Notwithstanding the foregoing, the employee shall be entitled to be so paid when leave and worked in excess of absence has been granted their former schedule for paid disability, jury duty, or bereavement; ii) if the employee is absent without good cause on the scheduled working day immediately preceding or succeeding such holiday; iii) if the employee is absent for any reason on both the scheduled working days immediately preceding and succeeding such holidays. Notwithstanding the foregoing the employee shall be entitled to be so paid if such absence is due to the employee‟s scheduled vacation or when leave of absence has been granted for paid disability, jury duty, or bereavement; iv) if such holiday occurs while the employee is on leave of absence. Notwithstanding the foregoing, the employee shall be entitled to be so paid if such absence is due to said employee‟s scheduled vacation or a disability. (h) An employee who works on any of the holidays mentioned in clause (g) whether or not the employee is entitled to the payment provided in clause (g) that pay period shall be paid at the rate of time and one-half for all half. Employees shall not have their scheduled hours worked. (i) If another day reduced to avoid overtime or premium payment. In the event the change of schedule is substituted by statute or decree or by mutual agreement between the parties for the observation of any as a result of the holidays listed employee’s initiative, no premium payment need apply, unless the employee’s new schedule requires them to work in clause (g) excess of the day normal number of observance so substituted shall be deemed to be the holiday for the purpose of this Article IX. (j) scheduled days in that pay period. An employee shall not be entitled to be paid under more than one clause Clause of this Article Articles and unless otherwise specifically providedprovided and, and in any event event, the rate of payment including holiday and other allowances but payment, excluding the minimum payment and travelling allowance provided for in clauses (c) Clause shall not exceed twice the straight time hourly rate except in respect of work performed on a recognized holiday specified in Clause in which case such rate, excluding the travelling allowance and (d) minimum payment provided for in Clause but including the holiday allowance provided for in Clause shall not exceed three (3) times the straight time hourly rate. (k) For purposes of establishing which shift crew employees, regularly scheduled to work on Sunday, shall receive Sunday premium and premium pay for work performed on the holidays shown in clause (g) of this Article IX, the day shall extend from midnight to midnight for employees assigned to schedules with normal eight hours days and from 0700 hours to 0700 hours for employees assigned to schedules with normal 12 hour days. But for all other purposes any day shall be deemed to be a twenty-four hour period as shown in schedules established from time to time. (l) A meal up to the value of $9.25 shall be provided in accordance with the Meal Procurement Procedure. (m) When an employee is called upon to a jury selection process or to render jury duty by a duly constituted authority the employee will be paid for the time lost by reason of such duty on the basis of said employee‟s normal daily hours of work.

Appears in 1 contract

Samples: Memorandum of Agreement

OVERTIME AND OTHER ALLOWANCES. (a) An employee Employees shall be paid at the rate of time and one-half for work required to be performed in excess of the employee‟s normal number of daily hours of work in any one day or in any continuous period, provided however, that they shall be paid at the rate of double time, instead of at the rate of time and one-half, for all hours worked in excess of four (4) hours beyond the normal number of daily hours of work in any one day or in any continuous period. (b) An employee Employees shall be paid at the rate of time and one-half for work required to be performed on his / her their regularly assigned regular day of rest. It is understood that when an employee works seven consecutive normal eight hour days, none of which is a day of rest, the employee‟s eighth day will be deemed to be the employee‟s assigned regular day of rest. (c) If an employee is required by the Company to report to the said Site for work related purposes at other than his / her regularly scheduled working hours, the employee They shall be paid at the rate of time and one-half for all hours worked at other than his / her regularly scheduled working hours provided. In any event the employee work required to be performed on their extra day of rest, provided however, that they shall be paid at the employee‟s rate of double time instead of at the rate of time and one-half, for all hours worked in excess of four (4) hours beyond the normal number of daily hours of work on that day or in any continuous period. (c) An employee shall, subject to the second paragraph of this clause, be paid an amount equivalent to eight (8) hours pay at his/her straight time hourly rate only for the following holidays whether or not he/she works on such holidays: New Years Day, Family Day, Monday of the School Winter Holidays, Good Friday, Victoria Day, Canada Day, Third Friday in July, Civic Holiday, Labour Day, Thanksgiving Day, Christmas Day and 26th December. However, employees shall not be entitled to be so paid: (i) if they do not work on such holidays when they are required or scheduled to do so. Notwithstanding the foregoing, they shall be entitled to be so paid when leave of absence has been granted for paid disability, jury duty or bereavement. (ii) if they were absent without good cause on the scheduled working day immediately preceding or succeeding such holiday. (iii) if they are absent for any reason on both the scheduled working days immediately preceding and succeeding such holidays. Notwithstanding the foregoing, they shall be entitled to be so paid if such absence is due to their scheduled vacation or when leave of absence has been granted for paid disability, jury duty or bereavement. (iv) if such holiday occurs while they are on leave of absence, subject to the same exceptions as set out in subsection (iii) above. (d) An employee who works on the following holidays: New Year’s Day, Family Day, Monday of the School Winter Holidays, Victoria Day, Canada Day, Third Friday in July, Civic Holiday and 26th December shall be paid in addition thereto at the rate of time and one-half for all hours worked on that day or in any continuous period. An employee who works on any of the following holidays: Good Friday, Labour Day, Thanksgiving Day and Christmas Day shall be paid in addition thereto at the rate of double time for all hours worked on that day or in any continuous period. (e) If another day is substituted by statute or municipal proclamation or by mutual agreement between the parties for the observance of any of the holidays listed in clause (c) the day of observance so substituted shall be deemed to be the holiday for the purpose of this Article VI. (f) If employees are required by the Company to report to the said Site to perform work at other than their regularly scheduled hours worked. The employee working hours, they shall be paid a minimum amount of 3 equivalent to pay for three (3) hours pay at the their applicable overtime rate if the employee‟s their pay for the performance of such work is less than this amount, except when such work forms a continuous period with the employee‟s their regularly scheduled working hours, in which case no minimum shall apply. If the said employee is they are entitled to the payment provided in clause (g) c), this minimum amount shall be paid in addition thereto for the performance of such work on a holiday. If employees are required by the Company to report to the said Site to perform work at other than their regularly scheduled working hours, they shall be paid at the rate of time and one-half for all hours worked at other than their regularly scheduled working hours, provided however, that they shall be paid at the rate of double time instead of at the rate of time and one-half for all hours worked in excess of four (4) hours beyond the normal number of daily hours of work on that day or in any continuous period. In any event, they shall be paid at the straight time rate only, for regularly scheduled hours worked. When an employee is sent home by the Company during his/her regularly scheduled working hours to return later that day, premium rates under this provision shall be calculated as if he/she had completed his/her normal number of daily hours. (dg) If an employee is employees are required by the Company to report to the said Site on less than twenty-two hours‟ notice, four (4) hours' notice to perform work at other than said employee‟s their regularly scheduled working hours, the Company will provide transportation to the said Site for the employee those employees or will pay the employee them one hours‟ (1) hour's pay at his / her their straight time rate. If the employee is they are entitled to payment under the provisions of clause (a), (b), (cd), or (h) f), this travelling allowance shall be paid in addition thereto. (eh) If an employee reports for work when scheduled to do so without having been previously notified not to report he/she shall be provided three (3) hours' work at his/her straight time rate or, in lieu thereof, shall receive three (3) hours' pay at this straight time rate, provided however, that the employee shall not be entitled to such work or such pay: (i) if the failure to provide work is due to circumstances beyond the control of the Company. (ii) if the employee has not provided the Company with his/her correct telephone number or cannot be reached at that number. (i) Whenever an employee‟s employee's schedule is changed by the Company so as to result in regularly scheduled working hours with new starting and finishing times or a change between a day schedule and a shift scheduletimes, the employee shall be paid at the rate of time and one-half for work performed during the employee‟s his/her first working day following such change unless thirty (30) or more hours‟ hours' notice (Friday 1800 hours) prior to the commencement of the calendar week of the employee‟s employee's new schedule in which the change occurs has been given to said employee him/her by the Company, provided however, that he/she shall be paid at the rate of double time instead of at the rate of time and one-half, for all hours worked in excess of four (4) hours beyond the normal number of daily hours of work in any one day or in any continuous period. (fj) Notwithstanding the foregoing provisions of this Article IX, and VI an employee shall not be paid at the rate of time and one-half half, or double time as the case may be, for overtime work if such overtime work, with the permission of the foreperson, is performed by an the employee in exchange for his / at his/her regularly scheduled hours own request or by special arrangement with another or other employees who may wish to change or exchange working hours. This opportunity is contingent upon meeting criteria established by the Company. (g) An employee shall, subject to the second paragraph of this clause, be paid an amount equivalent to eight hours‟ pay at said employee‟s straight time hourly rate for the following holidays whether or not the employee works on such holidays: New Year‟s Day, Family Day (third Monday in February), the first Monday in the mid-winter school break, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, and Boxing Day. However, an employee shall not be entitled to be so paid: i) if the employee does not work on such holidays when he / she is required or scheduled to do so. Notwithstanding the foregoing, the employee shall be entitled to be so paid when leave of absence has been granted for paid disability, jury duty, or bereavement; ii) if the employee is absent without good cause on the scheduled working day immediately preceding or succeeding such holiday; iii) if the employee is absent for any reason on both the scheduled working days immediately preceding and succeeding such holidays. Notwithstanding the foregoing the employee shall be entitled to be so paid if such absence is due to the employee‟s scheduled vacation or when leave of absence has been granted for paid disability, jury duty, or bereavement; iv) if such holiday occurs while the employee is on leave of absence. Notwithstanding the foregoing, the employee shall be entitled to be so paid if such absence is due to said employee‟s scheduled vacation or a disability. (h) An employee who works on any of the holidays mentioned in clause (g) whether or not the employee is entitled to the payment provided in clause (g) shall be paid at the rate of time and one-half for all hours worked. (i) If another day is substituted by statute or decree or by mutual agreement between the parties for the observation of any of the holidays listed in clause (g) the day of observance so substituted shall be deemed to be the holiday for the purpose of this Article IX. (j) An employee shall not be entitled to be paid under more than one clause of this Article unless otherwise specifically provided, and in any event the rate of payment including holiday and other allowances but excluding the minimum payment and travelling allowance provided in clauses (c) and (d) shall not exceed three times the straight time hourly rate. (k) For purposes the purpose of establishing which shift crew employees, regularly scheduled to work on Sunday, shall receive Sunday premium and the premium pay for work performed on the holidays shown in clause (gc) of this Article IXVI, the day shall extend from midnight to midnight for employees assigned to schedules with normal eight hours eight-hour days and from 0700 1930 hours on one day to 0700 1930 hours on the next day for employees assigned to schedules with normal 12 twelve-hour days. But for all other purposes any day shall be deemed to be a twenty-four hour period as shown in schedules established from time to time. (l) A When hours of work which are paid at a premium rate under the provisions of this Article continue without interruption into a second day, such hours in the second day up to the starting time of an employee's regularly scheduled working hours will be treated for the purposes of applying provisions of this Article as if they had occurred in the previous day. (m) An employee shall not be entitled to be paid under more than one clause of this Article, unless otherwise specifically provided, and in any event the rate of payment including holiday and other allowances but excluding the minimum payment and travelling allowances provided in clauses (f) and (g) shall not exceed three (3) times the straight time hourly rate. (n) An overtime meal allowance up to the value of $9.25 shall be provided in accordance with the an Overtime Meal Procurement Allowance Procedure. (mo) When an employee is called upon to The Company may average the regular hours of scheduled work over a jury selection process or to render jury duty by a duly constituted authority the employee will be paid two (2) week period for the time lost by reason purpose of such duty on ensuring compliance with the basis overtime provisions of said employee‟s normal daily hours of workthe Ontario Employment Standards Act.

Appears in 1 contract

Samples: Memorandum of Agreement

OVERTIME AND OTHER ALLOWANCES. V (a) An Add the following to clause V (a): “Where, pursuant to clause IV (a), the schedule for employees assigned to twelve hour shifts is so arranged as to provide an average work week of two hours, the hours which are in excess of an employee’s normal number of daily hours of work and for which time and one-half will be paid shall be deemed to be the last four hours of the fourth p.m. to a.m. night shift which the employee has worked and the last four hours of the fourth a.m. to p.m. day shift which has been worked in the two forty-eight hour work weeks in each four week cycle. Notwithstanding the foregoing an employee who is absent from scheduled work for any reason during a week in which the employee is scheduled to work eight hours shall be paid at the rate of straight time and one-half for work required to be performed in excess of the employee‟s normal number of daily hours of work in any one day or in any continuous period. (b) An employee shall be paid at the rate instead of time and one-half for the last four hours of the fourth p.m. to a.m. night shift or the last four hours of the a.m. to p.m. day shift, referred to (a) (I), as the case may be, except when such absence occurs on the first or second or third scheduled working day in a week in which four working days are scheduled and is due to an illness of one day or less, an approved bereavement leave of one day or less, an approved absence on an employee’s first scheduled working day following his vacation which may be granted under the provisions of the addition to Clause V noted below, or any absence of three scheduled working hours or less. It is understood that the foregoing exceptions relating to absences due to illness and bereavement shall only apply when an employee has advised the Company of such absence on the date the absence occurs or in the case of an approved absence on the first scheduled working day following an employee’s vacation when an employee has received approval for such absence from the Company prior to the date that the absence occurs. V Add the following to Clause V Employees regularly assigned to twelve hour shifts whose work required schedule requires that they work on one or more of the holidays stipulated in Article V may request one scheduled work day off without pay in each calendar year for each such holiday so worked up to be performed on his / her assigned regular day a maximum of restthree. Subject to production requirements the Company agrees to make every reasonable effort to grant such time off from scheduled work. It is understood that when an employee works seven consecutive normal eight hour days, none of which is a day of rest, the employee‟s eighth day will be deemed to be the employee‟s assigned regular day of rest. (c) If an employee is required by the Company to report to the said Site for work related purposes at other than his / her regularly such time off from scheduled working hours, the employee shall be paid at the rate of time and one-half for all hours worked at other than his / her regularly scheduled working hours provided. In any event the employee shall be paid at the employee‟s straight time rate only for regularly scheduled hours worked. The employee shall be paid a minimum amount of 3 hours pay at the applicable overtime rate if the employee‟s pay for the performance of such work is less than this amount, except when such work forms a continuous period with the employee‟s regularly scheduled working hours, in which case no minimum shall apply. If the said employee is entitled to the payment provided in clause (g) this minimum amount shall be paid in addition thereto for the performance of such work on a holiday. (d) If an employee is required by the Company to report to the said Site on less than twenty-two hours‟ notice, to perform work at other than said employee‟s regularly scheduled working hours, the Company will provide transportation to the said Site for the employee or will pay the employee one hours‟ pay at his / her straight time rate. If the employee is entitled to payment under the provisions of clause (b), (c), or (h) this travelling allowance shall be paid in addition thereto. (e) Whenever an employee‟s schedule is changed by the Company so as to result in regularly scheduled working hours with new starting and finishing times or a change between a day schedule and a shift schedule, the employee shall be paid at the rate of time and one-half for work performed during the employee‟s first working day following such change unless thirty or more hours‟ notice (Friday 1800 hours) prior to the commencement of not requested within the calendar week of the employee‟s new schedule in which the change occurs has been given to said employee by the Company. (f) Notwithstanding the foregoing provisions of this Article IX, and employee year it shall not be paid at the rate of time and one-half for overtime work if such overtime work, is performed by an employee in exchange for his / her regularly scheduled hours by special arrangement with another or other employees who may wish to change or exchange working hours. This opportunity is contingent upon meeting criteria established by the Company. (g) An employee shall, subject carried over to the second paragraph of this clause, be paid an amount equivalent next calendar year. V Amend to eight hours‟ pay at said employee‟s straight time hourly rate for the following holidays whether or not the employee works on such holidaysread as follows: New Year‟s Day, Family Day (third Monday in February), the first Monday in the mid-winter school break, Good Friday, Victoria Day, Canada Day, Civic Holiday, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, and Boxing Day. However, an employee shall not be entitled to be so paid: i) if the employee does not work on such holidays when he / she is required or scheduled to do so. Notwithstanding the foregoing, the employee shall be entitled to be so paid when leave of absence has been granted for paid disability, jury duty, or bereavement; ii) if the employee is absent without good cause on the scheduled working day immediately preceding or succeeding such holiday; iii) if the employee is absent for any reason on both the scheduled working days immediately preceding and succeeding such holidays. Notwithstanding the foregoing the employee shall be entitled to be so paid if such absence is due to the employee‟s scheduled vacation or when leave of absence has been granted for paid disability, jury duty, or bereavement; iv) if such holiday occurs while the employee is on leave of absence. Notwithstanding the foregoing, the employee shall be entitled to be so paid if such absence is due to said employee‟s scheduled vacation or a disability. (h) An employee who works on any of the holidays mentioned in clause (g) whether or not the employee is entitled to the payment provided in clause (g) shall be paid at the rate of time and one-half for all hours worked. (i) If another day is substituted by statute or decree or by mutual agreement between the parties for the observation of any of the holidays listed in clause (g) the day of observance so substituted shall be deemed to be the holiday for the purpose of this Article IX. (j) An employee shall not be entitled to be paid under more than one clause of this Article V or Schedule unless otherwise specifically provided, provided and in any event the rate of payment including holiday and other allowances but payment, excluding the minimum payment and travelling allowance provided for in clauses Article V (cf)(i) shall not exceed time and three-quarters except in respect of work performed on the holidays specified in Article V in which case such rate, excluding the travelling allowance and minimum payment provided for in Article V (df)(i) but including the holiday allowance specified in Article V shall not exceed three times the straight time hourly rate. (k) For purposes ” SCHEDULE SHIFT PREMIUM Replace the paragraph concerning shift premiums with the following: “A premium of establishing which shift crew employees, seventy cents per hour will be paid for regularly scheduled to work on Sunday, shall receive Sunday premium and premium pay for shift work performed on the holidays shown in clause (g) twelve hour night shifts.” Effective February this premium is amended to read seventy-two cents. CRITERIA FOR TERMINATION OF TWELVE HOUR SHIFTS Twelve hour shifts may be terminated by the Company or the Union on thirty days’ notice for any of this Article IX, the day shall extend from midnight following reasons: the costs to midnight for the Company of the twelve hour shift arrangement exceed the costs of the previous eight hour shift schedule; withdrawal by the Ministry of Labour of permission to work such shifts; fifty-one percent of employees assigned to schedules with normal eight twelve hour shifts vote in favour of the termination of such shifts: passage of government legislation which requires premium payments in excess of those currently applicable; unfavourable rulings or penalties imposed by the Workers’ Compensation Board attributable to the working of twelve hours days and from 0700 hours shins: failure of the Replacement System to 0700 hours effectively provide replacements for employees assigned absent due to schedules with normal 12 hour days. But sickness or for all other purposes any day shall be deemed to be a twenty-four hour period as shown in schedules established from time to time. (l) A meal up reasons: deterioration of safety, health or absenteeism experienced attributable to the value working of $9.25 shall be provided twelve hour shifts; adverse sociological effects or deterioration of productivity attributable to the working of twelve hour shins. REVERSION COSTS It is understood and agreed that in the event twelve hour shifts are terminated in accordance with the Meal Procurement Procedureprovisions of item 4 of this Schedule premium payments provided under Article V which arise as a direct result of such termination shall not be applicable. An employee who because of the termination of twelve hour shifts is unable to work the normal average weekly hours shall, provided it is practicable to do so, be given an opportunity to make up such loss of normal working hours at the straight time hourly rate. “It is understood that Vacations and Vacation Allowances provided under this Schedule to an employee assigned to twelve hour shifts shall not exceed those which they would have received had he been assigned to an eight hour continuous shift Schedule:’ The vacation year shall be the twelve month period from May of one calendar year to April inclusive, of the following calendar year. (ma) When an employee is called upon Vacations in respect of service rendered during the preceding vacation year shall be granted to a jury selection process or to render jury duty by a duly constituted authority the employee will be paid regular employees who have completed periods of service as follows: Less than 1 year One-twelfth of 2 weeks vacation for the time lost by reason each month of such duty on the basis of said employee‟s normal daily hours of work.service since employment year but less than 3 years 2 weeks

Appears in 1 contract

Samples: Collective Bargaining Agreement

OVERTIME AND OTHER ALLOWANCES. (a) An employee Employees shall be paid at the rate of time and one-half for work required to be performed in excess of the employee‟s normal number of daily hours of work in any one day or in any continuous peri- od, provided however, that they shall be paid at the rate of double time, instead of at the rate of time and one-half, for all hours worked in excess of four (4) hours beyond the normal number of daily hours of work in any one day or in any con- tinuous period. (b) An employee . Employees shall be paid at the rate of dou- ble time for work required to be performed on their regularly assigned day of rest. They shall be paid at the rate of time and one-half for work required to be performed on his / her assigned regular their extra day of rest, provided however, that they shall be paid at the rate of double time instead of at the rate of time and one-half, for all hours worked in excess of four (4) hours beyond the normal number of daily hours of work on that day or in any contin- uous period. It is understood that when an employee works seven consecutive normal days or eight hour consecutive days, none of which is a day of rest, according to schedules established from time to time and is further required to work on the employee‟s next following day, namely the eighth day or the ninth day as the case may be, then such eighth or ninth day will be deemed to be the employee‟s regularly assigned regular day of rest. (c) If an employee is required by the Company to report to the said Site for work related purposes at other than his / her regularly scheduled working hours, the employee shall be paid at the rate of time and one-half for all hours worked at other than his / her regularly scheduled working hours provided. In any event the employee shall be paid at the employee‟s straight time rate only for regularly scheduled hours worked. The employee shall be paid a minimum amount of 3 hours pay at the applicable overtime rate if the employee‟s pay for the performance of such work is less than this amount, except when such work forms a continuous period with the employee‟s regularly scheduled working hours, in which case no minimum shall apply. If the said employee is entitled to the payment provided in clause (g) this minimum amount shall be paid in addition thereto for the performance of such work on a holiday. (d) If an employee is required by the Company to report to the said Site on less than twenty-two hours‟ notice, to perform work at other than said employee‟s regularly scheduled working hours, the Company will provide transportation to the said Site for the employee or will pay the employee one hours‟ pay at his / her straight time rate. If the employee is entitled to payment under the provisions of clause (b), (c), or (h) this travelling allowance shall be paid in addition thereto. (e) Whenever an employee‟s schedule is changed by the Company so as to result in regularly scheduled working hours with new starting and finishing times or a change between a day schedule and a shift schedule, the employee shall be paid at the rate of time and one-half for work performed during the employee‟s first working day following such change unless thirty or more hours‟ notice (Friday 1800 hours) prior to the commencement of the calendar week of the employee‟s new schedule in which the change occurs has been given to said employee by the Company. (f) Notwithstanding the foregoing provisions of this Article IX, and employee shall not be paid at the rate of time and one-half for overtime work if such overtime work, is performed by an employee in exchange for his / her regularly scheduled hours by special arrangement with another or other employees who may wish to change or exchange working hours. This opportunity is contingent upon meeting criteria established by the Company. (g) An employee shall, subject to the second paragraph of this clause, be paid an amount equivalent to eight hours‟ (8) hours' pay at said employee‟s straight time hourly rate for the following holidays holi- days whether or not the employee works on such holidaysholi- days: New Year‟s Year's Day, Family Day (third Third Monday in February), Monday of the first Monday in the mid-winter school breakSchool Winter Holidays, Good Friday, Victoria Day, Canada Dominion Day, Third Friday in July, Civic Holiday, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Day and Boxing Day26th December. However, an employee employees shall not be entitled to be so paid: i) : if the employee does they do not work on such holidays when he / she is they are required or scheduled to do so. Notwithstanding the foregoing, the employee they shall be entitled to be so paid when leave of absence has been granted for paid disability, jury duty, duty or bereavement; ii) . if the employee is they are absent without good cause on the scheduled working day immediately preceding or succeeding such holiday; iii) . if the employee is they are absent for any reason on both the scheduled working days immediately preceding and succeeding such holidays. Notwithstanding the foregoing the employee foregoing, they shall be entitled to be so paid if such absence is due to the employee‟s their scheduled vacation or when leave of absence has been granted for paid disability, jury duty, duty or bereavement; iv) . if such holiday occurs while the employee is they are on leave of absence, subject to the same exceptions as set out in subsection above. Notwithstanding the foregoing, the employee shall be entitled to be so paid if such absence is due to said employee‟s scheduled vacation or a disability. (h) An employee who works on any of the holidays holi- days mentioned in clause (g) whether or not the employee is entitled to the payment provided in clause (g) shall be paid in addition thereto at the rate of double time and one-half for all hours worked. (i) If another worked on that day is substituted by statute or decree or by mutual agreement between the parties for the observation of any of the holidays listed in clause (g) the day of observance so substituted shall be deemed to be the holiday for the purpose of this Article IX. (j) An employee shall not be entitled to be paid under more than one clause of this Article unless otherwise specifically provided, and in any event the rate of payment including holiday and other allowances but excluding the minimum payment and travelling allowance provided in clauses (c) and (d) shall not exceed three times the straight time hourly ratecontinuous period. (k) For purposes of establishing which shift crew employees, regularly scheduled to work on Sunday, shall receive Sunday premium and premium pay for work performed on the holidays shown in clause (g) of this Article IX, the day shall extend from midnight to midnight for employees assigned to schedules with normal eight hours days and from 0700 hours to 0700 hours for employees assigned to schedules with normal 12 hour days. But for all other purposes any day shall be deemed to be a twenty-four hour period as shown in schedules established from time to time. (l) A meal up to the value of $9.25 shall be provided in accordance with the Meal Procurement Procedure. (m) When an employee is called upon to a jury selection process or to render jury duty by a duly constituted authority the employee will be paid for the time lost by reason of such duty on the basis of said employee‟s normal daily hours of work.

Appears in 1 contract

Samples: Collective Bargaining Agreement

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