Vacation Pay Paid Union leaves. All other payments, premiums, allowances etc. are excluded.
Separation Pay (a) A core employee shall be entitled to separation pay as set out in subsection “c” provided they have not been excluded by subsection “b” and provided they meet any of the following eligibility provisions:
(i) if they are terminated for a reason other than set out in subsection “b”.
(ii) if they are laid off and on any date during their layoff the hours scheduled for them during the previous twelve (12) consecutive months were less than fifty (50%) percent of normal full-time hours provided they are not eligible for any Company or Government pension or for benefits under the Company’s insured Weekly Indemnity or Long Term Disability Plans;
(iii) in special cases where a laid off employee appear to have little prospect of recall to regular work within a period of six months they may request immediate termination and separation pay, and with the concurrence of the Company and the Union this may be granted notwithstanding the eligibility clause in (ii) above;
(iv) if they are ultimately designated for indefinite layoff as a result of a major technological change as provided in Section 10.10. An employee eligible for a separation payment hereunder must apply for it not later than six months after they first become eligible therefore, otherwise their right to such payment shall be cancelled. Notwithstanding the above if the Company permanently discontinues an operation, an employee laid off as a result thereof must apply for and shall receive any separation pay to which they are entitled without waiting the six month period. Operation will be interpreted as meaning:
1. plant, branch or warehouse
2. department or part department in which ten (10) or more employees are permanently laid off.
(b) Notwithstanding subsection “a”, an employee shall be excluded from separation pay eligibility if:
(i) They quit;
(ii) They are terminated for just cause;
(iii) They are terminated under Section 5.03 (loss of seniority provision) of this Collective Agreement.
(iv) They have been terminated because of specific direction or decree from any Government authority which has the effect of curtailing any of the Company’s operations; unless
(1) the direction or decree is the result of an illegal act committed by the Company or one of its representatives, or
(2) the direction or decree purports to change the method of beer retailing within the Province;
(v) They have been laid off because of any act of war or the hostile act of any foreign power or by any act of sabotage or insurrection or by any act of God;
(vi) They are laid off and have arranged with the Company to take leave of absence without pay for a specific period in lieu of their layoff;
(vii) They are in receipt of income replacement benefits under the Weekly Indemnity or Long Term Disability Plans or the Workers Compensation Act;
(viii) the employee is entitled to receive full pension under the Company or Government Pension Plan. At no time will the number of weeks of separation pay exceed the number of weeks to an employee’s normal retirement date (NRD as of June 1st, 2014 age 65) and/or the date the employee has announced as their retirement date.
(c) The amount of the separation payment of an eligible employee shall be equal to:
(i) one week’s base earnings (computed on the basis of their hourly rate in effect as of time of layoff) multiplied by the number of their completed years of seniority (as used for vacation entitlement) as of the last day they actively worked in the Bargaining Unit, plus
(ii) for employees classified as probationary or core employees prior to July 22, 1988, an additional three hundred and seventy-five ($375.00) dollars multiplied by their completed years of seniority used in (i) above to a maximum of 15 years. However, such eligible employee who applies for separation pay at the time they first becomes eligible therefore shall have their separation pay under this part (ii) calculated as seven hundred and fifty ($750.00) dollars multiplied by their completed years of seniority used in (i) above to a maximum of 15 years. If there is a permanent closure of the complete operations of B.D.L. the 15 year maximum is replaced with a 22 year maximum.
(d) If an employee applies for and accepts a separation payment hereunder, their employment is terminated and their seniority and other rights under the Collective Bargaining Agreement are cancelled.
Part-time Vacation Pay If the Employer currently has the computer systems’ capability to implement bi- weekly vacation pay, they shall do so by the start of the next vacation year or earlier. Those Employers with no computer capability will endeavour to implement bi- weekly vacation pay if there is no significant administrative burden, by the start of the next vacation year or earlier. If the Employer does not so implement, it will provide reasons in writing to the Union. Where possible without extensive programming changes, the amount of vacation pay will be separately identified on the pay stub.
VACATION AND VACATION PAY 9.01 All employees who are covered under this agreement shall receive as vacation pay in accordance with the schedule under Article 9.04, the appropriate percentage of the employee's total earnings exclusive of the Employer's contribution to the Union's Benefit Plan.
9.02 When vacations are requested by more employees than can be reasonably scheduled to be away at any one time and still carry on efficient company operations, then the choice of those employees permitted to take their vacation will be insofar as possible based on customer requirements, efficient operation of the Shop, ability of employees to perform available work and length of service of the employees.
9.03 The Employer shall post annually during January a sheet on which employees may choose their vacation period. This list shall be completed by the employees no later than May 1. Any employee failing to select vacation time by May 1 will be deemed to have forfeited their privilege based on service credit, at that time, for vacation selection purposes. The Employer shall post the final vacation schedule no later than May 31. Any request for further changes to the final schedule must be made to the Employer giving the Employer at least four (4) weeks’ notice. If a Statutory holiday (as listed under Article 10.01) falls during an employee's vacation time, the employee will have the option to take that holiday at the end of the vacation period. This will be scheduled at the time the employee schedules his vacation.
9.04 Employees shall receive vacation time if requested in accordance with the provisions outlined below. Generally, two weeks may be taken in June, July and August, but with advance notice (per Article 9.03) and as mutually agreed, more may be taken. LENGTH OF SERVICE BASED ON DATE OF HIRING (as of July 1st of the current year) Vacation Pay Vacation Time 0 – 3 Months 4% 2 weeks After 3 Months 10% 3 weeks
9.05 The above amounts of vacation pay are remitted to the Union office with the regular monthly remittance.
Vacation Benefits During the Term, the Executive shall be eligible for 20 vacation days annually, which shall be accrued and used in accordance with the applicable policies of the Company. During the Term, the Executive shall be eligible to participate in such medical, dental and life insurance, retirement and other plans as the Company may have or establish from time to time on terms and conditions applicable to other senior executives of the Company generally. The foregoing, however, shall not be construed to require the Company to establish any such plans or to prevent the modification or termination of such plans once established.
VACATIONS AND VACATION PAY 9.01 All employees who are covered under this Agreement shall receive vacation pay as a percent of the employee's total earnings exclusive of the Employer's contribution to the Union's Pension, Health Benefit Plan, Education and Assistance Fund and Industry Fund. Income tax shall be deducted weekly from the employee's earnings increased by the amount of vacation pay.
a. Employees shall, upon hire, receive ten percent (10%) vacation pay, and up to three weeks of vacation.
b. Employees with ten or more years of service with the Employer shall receive twelve percent (12%) vacation pay, and up to four weeks of vacation.
9.02 Vacation periods shall be arranged by mutual agreement between the Employer and each employee. Employees shall be granted their vacation periods as requested insofar as it is practical and in accordance with seniority, unless the Employer decides to grant all vacations at one time, in which case the Employer shall give the employees at least six (6) weeks advance notice.
9.03 The Employer agrees to remit the Vacation Pay of each employee as agreed upon in 9.01 of this Agreement and in accordance with the regulation set by the Employment Standards Branch, Ministry of Labour, monthly before, but not later than the fifteenth of the following month to the Union using a separate cheque marked "Vacation Pay", accompanied by a list on which all deductions and contributions as mentioned in 6.01, 13.02, 14.02a, 14.02b, 18.01, 19.01 and Schedule "A" are recorded.
9.04 In accordance with the agreement with the Employment Standards Branch, Ministry of Labour, the Board of Trustees of the Union's Vacation Pay Trust Fund, is obligated to take any steps which may be available to them either in law or in equity or in bankruptcy as may be necessary or desirable to effect collection from delinquent Employers. All costs incurred in the collection of said payment will be charged to such defaulting Employer.
9.05 The Employer agrees to give the auditor of the Union's Trust Fund the privilege to examine the Employer's records concerning hours and monies forwarded to the Union, if and when the auditor so desires. Any date for such an examination will be pre-arranged in writing between the auditor, the Employer and the Union.
Benefits; Vacation Employee shall be eligible to receive all benefits as are available to similarly situated employees of Employer generally, and any other benefits that Employer may, in its sole discretion, elect to grant to Employee from time to time. In addition, Employee shall be entitled to four (4) weeks paid vacation per year, which shall be pro-rated for the first partial year of employment and shall accrue in accordance with Employer’s policies applicable to similarly situated employees of Employer.
Sick Leave Without Pay A leave of absence without pay, may be granted at the sole discretion of the Board to an Employee who does not qualify for sick leave pay or who is unable to return to work when that Employee’s sick leave terminates.
SICK LEAVE WITH PAY Sick leave with pay for employees shall be determined in the following manner:
Relocation Benefits If the Executive moves his residence in order to pursue other business or employment opportunities during the Continuation Period and requests in writing that the Company provide relocation services, he will be reimbursed for any expenses incurred in that initial relocation (including taxes payable on the reimbursement) which are not reimbursed by another employer. Benefits under this provision will include assistance in selling the Executive's home and all other assistance and benefits which were customarily provided by the Company to transferred executives prior to the Change in Control.
