HOURS OF WORK i) Where employees are now working a longer daily tour, the provisions set out in this Article governing the regular hours of work on a daily tour shall be adjusted accordingly.
ii) The normal daily extended tour shall be 11.25 consecutive hours in any 24-hour period, exclusive of a total of forty-five (45) minutes of unpaid meal time. For hybrid schedules, there will be scheduled normal daily tours of seven and one-half (7½) hours and 11.25 consecutive hours per day.
iii) Employees working an extended tour shall be entitled, subject to the exigencies of resident care, to paid relief periods during the tour of a total of forty-five (45) minutes. For hybrid schedules, there will also be shifts that provide for relief periods in accordance with Article 15.02.
iv) Scheduling issues will be resolved at the local level.
v) Where the union and the employer have agreed to or agree to an extended daily tour or hybrid schedule that differs from the normal daily extended tour, the proportion of unpaid time to hours of work shall maintain the same ratio as set out in paragraph ii) and iii) of this Article.
SENIORITY 14.1 Employees working seven (7) or more hours per day on a full time basis will accrue to a maximum two hundred and sixty (260) seniority days per calendar year. Employee’s working less than seven (7) hours per day shall accrue one (1) day of seniority for every seven (7) hours worked to a maximum of two hundred and sixty (260) days per calendar year. Employees working a flexible or compressed work schedule and who work less than five (5) days per week shall accrue five (5) days of seniority (pro- rated) for every week worked to a maximum of two hundred and sixty (260) days per calendar year. Notwithstanding the above, as of January 1, 2020, no Employee will accrue more than ten (10) seniority days in any pay period. The seniority list will be converted to a “days worked list” removing the actual seniority date.
a) Part-Time Seniority Rating Part time Employees shall be considered probationary Employees and will have no seniority rights until they have worked one hundred and twenty (120) working days or accumulated twelve (12) months aggregate service with the Employer, whichever occurs first. The Employer shall have the exclusive right to discharge Employees during the probationary period provided the decision to discharge is not made in bad faith, or in an arbitrary or discriminatory manner, or in violation of the Human Rights Code, the Employment Standards Act or other employment related legislation.
b) Seniority shall be calculated in the following manner: Part time Employee’s shall accrue one (1) day of seniority for every seven (7) hours worked to a maximum of two hundred and sixty (260) days per calendar year.
14.2 Employees shall be considered probationary Employees and will have no seniority rights until they have worked one hundred and twenty (120) working days or accumulated six (6) months aggregate service with the Employer, whichever occurs first. The Employer shall have the exclusive right to discharge Employees during the probationary period provided the decision to discharge is not made in bad faith, or in an arbitrary or discriminatory manner, or in violation of the Human Rights Code, the Employment Standards Act or other employment related legislation.
14.3 Seniority for the purpose of this Agreement shall be defined as the length of accumulated aggregate service of an Employee in the scope of Local 5167 with the Employer, uninterrupted by either a break or severance of service for any reason.
14.4 For the purposes of the probationary period, absences that interrupt the period of active employment may, at the discretion of the Employer, result in the extension of an employee’s probationary period, no greater than the period of absence(s). In such cases the Union and the Employee shall be informed at least fourteen (14) calendar days in advance of the extension. For the purpose of service credits an Employee's length of service shall commence and accumulate from the date on which they entered the service of the Employer as a permanent Employee.
(a) An Employee's seniority rating, credited service and employment shall be severed by reason of:
(i) dismissal for just cause, or
(ii) voluntary resignation, or
(iii) failure to report for work within a period of seven (7) calendar days after receipt of written notice to return to work after lay- off, or
(iv) a lay-off extending continuously for a period of ten (10) months, or
(v) absence without leave without sufficient reason.
(b) An Employee’s seniority rating shall be deemed frozen by reason of:
(i) A lay-off extending beyond one month, or
(ii) A temporary transfer/posting into a managerial position or a non-union position outside the bargaining unit as per Article 13.14, or
(iii) Any unpaid leave of absence period other than those defined by this Collective Agreement, legislated by the Employment Standards or Employment Insurance Act.
14.6 The seniority list shall be posted in each workplace as early as practicable but no later than March 1st and September 1st of each calendar year. The Union has thirty (30) calendar days from September 1st to challenge this list. The seniority list shall include the Employee's name, days worked, Employee number, classification, position title and wage grade. For the purposes of layoff and bumping, the seniority list used shall be a current list generated by Human Resources within one (1) week of the date of notice.
14.7 Employees with the same days worked shall have their seniority determined by lottery, as administered by the Union. Once seniority status has been established through the lottery it will be maintained accordingly. If an Employee’s seniority is adjusted due to any of the reasons listed in 14.5 (b) and that adjustment results in them having the same seniority date as one or more other Employees they shall be listed at the top of the group that shares the same days worked.
14.8 The Union will be notified of all new Employees, their start date, department, Employee number, position title and classification. In addition, the Employer will notify the Union upon an Employee's successful completion of their probationary period.
14.9 No seniority will be lost as a result of taking courses related to an Employee’s job and falling within the Employer’s tuition reimbursement policy.
14.10 Once established, an Employee’s seniority ranking shall be used in the determination of all seniority based issues.
Sick Leave 16.01 Employees shall earn sick leave at the rate of 7.0 hours for each payroll period worked or when on an authorized leave. Sick leave accumulation shall be unlimited.
16.02 Sick leave shall be defined as an absence with pay necessitated by: 1) illness or injury to the employee; 2) exposure by the employee to a contagious disease communicable to other em- ployees; 3) serious illness or injury in the employee's immediate family; or 4) death in the employee's extended family, as defined in Article 29, Funeral Leave; or 5) pregnancy related condition of the employee or spouse of the affected employee.
16.03 A sick leave affidavit or a doctor's excuse is required to justify the use of sick leaves for illness. If the use of sick leave for such illness exceeds two (2) consecutive scheduled shifts, a certificate stating the nature of the illness from a licensed physician shall be required to justify the use of sick leave. Falsification or alteration of a written, signed statement or a physician's certificate shall be grounds for disciplinary action. Any abuse or patterned use of sick leave shall be just and sufficient cause for disciplinary action.
16.04 Before the time when an employee is scheduled to start work on a shift, said employee requesting sick leave shall inform the officer in charge of the shift of the fact that said employee is ill and is requesting sick leave, except in case of provable inability to make a phone call. Failure so to do shall result in the denial of sick leave by the Employer. When an employee seeks to use sick leave for an absence due to personal illness, injury, or exposure to contagious disease communicable to other employees, the employee will be expected to be reachable at a provided telephone number unless, when calling in to report off, he provides the employer with an alternative number at which the employee may be reached.
16.05 Absence for a fraction of a day, when such absence is chargeable to sick leave accumulation in accordance with these provisions, shall be charged in increments of whole hours and never less than one (1) hour. Sick leave, when used, shall be consumed on the basis of one hour of sick leave for each hour of absence.
16.06 An employee who is laid off or on unpaid disability leave will, upon reinstatement to service, retain credit for all accumulated and unused sick leave available to such employee at the time of layoff or leave.
16.07 When sick leave is requested to care for members in the immediate family, the department head may require a physician's certificate to the effect that the specific presence of the employee is necessary to care for the ill or injured member. In the event of a prolonged illness of a member of the immediate family, it is understood that the employee will make arrangements as soon as possible for outside assistance to care for the afflicted member of the family. Paid sick leave will be granted for only a reasonable period of time to enable the employee to make the necessary arrangements, normally not in excess of five (5) calendar days.
16.08 For purposes of this article, "immediate family" is defined to include only the employee's spouse, child, father, mother, xxxxxxx, stepchild, grandparents, or a dependent who lives in the household and the employee is the primary caregiver, legal guardian, or person who stands in place of a parent (in loco parentis).
16.09 Xxxx leave may be granted as additional time off for a death in the family, in accordance with Article 29.
16.10 Upon retirement after completion of ten (10) years or more of service with the Employer, death, or permanent disability of a nature which renders the employee incapable of continued service with the Employer, and for which the employee has qualified for retirement benefits from a State of Ohio public employees retirement system, the employee may sell out accrued sick leave and shall be paid an amount of money equal to the number of accrued hours of sick leave up to a maximum of 2800 hours divided by two (2) multiplied by the employee’s annual salary, as said salary exists at the date of death or retirement, divided by 2548.
A) Subject to the provisions of this paragraph, an employee shall have the option to convert to cash benefit or carry forward the balance of any unused sick leave credit at year's end. For purposes of this paragraph 16.11, the term year's end" means the last day of the last full pay period of any calendar year.
B) An employee who is credited sick leave pursuant to this Article 16, shall have at year's end the following options with regard to the portion of sick leave credit accumulated during the current calendar year:
1) Carry forth the balance of sick leave credit; or
2) Receive a cash benefit conversion for the unused balance of sick leave credit equal to one hour of the employee's base rate of pay for every two hours of unused sick leave credit that is converted; or
3) Carry forward a portion of the balance of sick leave credit and receive a cash benefit conversion of a portion of the sick leave credit.
C) A cash benefit conversion for unused sick leave credit can only be utilized for sick leave credited an employee in the year in which the credit is given. All sick leave credit balances that are carried forward at the year's end are excluded from any future cash benefit conversion option. The failure of an employee to utilize the cash benefit conversion shall result in the automatic carry forward of any balance of sick leave credit.
D) In order to receive a cash conversion of sick leave credit at year's end, an employee must, after exercise of the cash conversion option, have at least the following minimum accumulated sick leave credit at year's end: year's end in 2002: 375 hours
E) An employee who separates from service prior to year's end (as defined in “A” above) shall not be eligible for the cash conversion benefit of the unused sick leave credit.
F) Any cash benefit conversion of sick leave made at year's end shall not be subject to contributions to any of the retirement systems either by the employee or the City.
G) An employee eligible to receive a cash conversion of sick leave credit at year's end must indicate their desire to convert any sick leave no later than the end of the pay period that includes the first day of November.
16.12 An employee who is approved for extended sick leave will be considered to be on a forty hour per week schedule until they return to their normal shift. All employees shall be charged forty (40) hours of sick leave for each week they are on extended leave. Extended sick leave is defined as use of leave for three full consecutive tours of duty or more. This section will invoke on the first Monday following the onset of the injury, or illness, unless the absence is medically determined in advance. The forty hour benefit will continue through the return to duty. The first sick days preceding the first Monday will be charged at the normal rate. If a return to duty is during a partial week, sick leave will be charged for the partial week at a rate of 40 hours less the actual hours worked.
16.13 In case of birth by an Employee’s spouse, an Employee assigned to twenty four (24) hour shifts may use up to two (2) tours of duty (five (5) eight-hour tours of duty for personnel assigned to a 2080 hrs. 5 day-week schedule) of sick leave for the purpose of “Maternity Leave”, unless serious health conditions require additional time off and is certified by the attending physician.
Training a. The employer, in consultation with the local, shall be responsible for developing and implementing an ongoing harassment and sexual harassment awareness program for all employees. Where a program currently exists and meets the criteria listed in this agreement, such a program shall be deemed to satisfy the provisions of this article. This awareness program shall initially be for all employees and shall be scheduled at least once annually for all new employees to attend.
b. The awareness program shall include but not be limited to:
i. the definitions of harassment and sexual harassment as outlined in this Agreement;
ii. understanding situations that are not harassment or sexual harassment, including the exercise of an employer's managerial and/or supervisory rights and responsibilities;
iii. developing an awareness of behaviour that is illegal and/or inappropriate;
iv. outlining strategies to prevent harassment and sexual harassment;
v. a review of the resolution of harassment and sexual harassment as outlined in this Agreement;
vi. understanding malicious complaints and the consequences of such;
vii. outlining any Board policy for dealing with harassment and sexual harassment;
viii. outlining laws dealing with harassment and sexual harassment which apply to employees in B.C.
Scope of Services The specific scope of work for each job shall be determined in advance and in writing between TIPS Member, Member’s design professionals and Vendor. It is permitted for the TIPS Member to provide a general scope description, but the awarded vendor should provide a written scope of work, and if applicable, according to the TIPS Member’s design Professional as part of the proposal. Once the scope of the job is agreed to, the TIPS Member will issue a PO and/or an Agreement or Contract with the Job Order Contract Proposal referenced or as an attachment along with bond and any other special provisions agreed by the TIPS Member. If special terms and conditions other than those covered within this solicitation and awarded Agreements are required, they will be attached to the PO and/or an Agreement or Contract and shall take precedence over those in this base TIPS Vendor Agreement.
HOLIDAYS Section 10.1 The following days shall be holidays for employees: New Year's Day Xxxxxx Xxxxxx Xxxx Day Washington’s Birthday Patriot's Day Memorial Day Juneteenth National Independence Day Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas Day
Section 10.2 All holidays shall be observed on the Commonwealth's legal holiday unless an alternative day is designated by the Employer.
Section 10.3 When a holiday occurs on the regular scheduled workday of a full-time employee, he/she, if not required to work that day, shall be entitled to receive his/her regular day's pay for such holiday. An employee required to work on a holiday shall receive compensatory day off with pay within sixty (60) days following the holiday to be taken at a time approved by the agency head or if a compensatory day cannot be granted by the Agency/Department because of a shortage of personnel or other reason, then he/she shall be entitled to pay for one day at his/her regular rate of pay in addition to pay for the holiday worked.
Section 10.4 When a holiday occurs on a day that is not an employee's regular workday, he/she, at the option of the Employer shall receive pay for one day at his/her regular rate or one compensatory day off with pay within sixty (60) days following the holiday to be taken at a time approved by the agency head.
Section 10.5 Effective January 1, 2008, notwithstanding any other contract provisions, an employee who is required to work his/her regular shift on a holiday (and the employee was otherwise not scheduled to work said holiday), shall be entitled to elect, for the first five times per calendar year that such occurs, to receive either: (a) one day’s pay in addition to regular pay for compensation for working on the holiday; or (b) a compensatory day off with pay within sixty days following the holiday to be taken at a time requested by the employee and approved by the agency head or if a compensatory day cannot be granted by the agency/department because of a shortage of personnel or other reasons then he/she shall be entitled to pay for one day at his/her regular rate of pay in addition to pay for the holiday worked. Once five such occasions per calendar year have passed the employee shall then receive a compensatory day off with pay within sixty days following the holiday to be taken at a time requested by the employee and approved by the agency head or if a compensatory day cannot be granted by the agency/department because of a shortage of personnel or other reasons then he/she shall be entitled to pay for one day at his/her regular rate of pay in addition to pay for the holiday worked.
A. A part-time employee shall earn pay for a holiday or compensatory time in the same proportion that his/her part-time service bears to full-time service.
B. A part-time employee who is scheduled but not required to work on a holiday, who receives less holiday credit than the number of hours he/she is regularly scheduled to work, may use other available leave time, or upon the request of the employee and approval by the Appointing Authority, subject to operational needs, may make up the difference in hours that same workweek. The scheduling of these hours will be at a time requested by the employee and approved by the Appointing Authority, subject to operational needs.
A. An employee who is on leave without pay or absent without pay for that part of his/her scheduled workday immediately preceding or immediately following a holiday that occurs on a regularly scheduled workday for which the employee is not required to work shall not receive holiday pay for that holiday.
B. The above procedure may be waived by the Employer if an employee is tardy due to severe weather conditions or if an employee is tardy for not more than two (2) hours due to events beyond the control of the employee. Denial of said waiver by the employee may be appealed up to Step III of the grievance procedure if the Union feels that said denial was arbitrary or capricious.
Section 10.8 An employee who is granted sick leave for a holiday or part of a holiday on which she/he is scheduled to work shall not receive holiday pay or a compensatory day off for that portion of the holiday not worked.
Section 10.9 For the purposes of ARTICLE 8-LEAVE, ARTICLE 9-VACATIONS, and ARTICLE 10- HOLIDAYS, the term "day" with respect to employees who work an irregular workday or whose regular workday is longer than the normal seven and one-half (7.5) or eight (8.0) hour workday shall mean seven and one-half (7.5) or eight (8.0) hours, whichever is appropriate, and for the purpose of ARTICLE 9-VACATIONS, the term "week" with respect to such employees shall mean thirty-seven and one-half (37.5) or forty (40) hours, whichever is appropriate. For the purposes of ARTICLE 8-LEAVE, ARTICLE 9-VACATIONS, and ARTICLE 10- HOLIDAYS, all paid leave time shall be prorated for regular part-time employees.
Dimensions Education Bachelor’s Degree in Computer Science, Information Systems, or other related field. Or equivalent work experience. A minimum of 3 years of IT work experience in supporting desktop software and hardware products and problem solving/troubleshooting.
Subcontractors The Contractor will not subcontract any work under the Contract without prior written consent of the Department. The Contractor is fully responsible for satisfactory completion of all its subcontracted work. The Department supports diversity in its procurements and contracts, and requests that the Contractor offer subcontracting opportunities to certified woman-, veteran-, and minority-owned small businesses. The Contractor may contact the OSD at xxxxxxx@xxx.xxxxxxxxx.xxx for information on certified small business enterprises available for subcontracting opportunities.
Overtime Overtime will begin to accrue after sixty (60) hours in a two (2) week period averaged over the scheduling period determined by the local parties. Overtime will apply if the employee works in excess of the normal daily hours. Payment for overtime is as in Article 16.01.
GRIEVANCE PROCEDURE 8.01 It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible and it is generally understood that an employee has no grievance until he has first given to his immediate Supervisor, or his designate, an opportunity of adjusting his complaint. For the purposes of this Article, “working days” shall be defined as Monday to Friday.
(a) If an employee has any complaint or questions which he wishes to discuss with the Company, he shall take the matter up with his immediate Supervisor, or his designate. The Company shall not be required to consider any grievance which is not presented within seven (7) working days after the grievor first became aware or ought to have become aware of the alleged violation of the Agreement.
(b) If such complaint or question is not settled to the satisfaction of the employee concerned within three (3) full working day, then the following steps of the grievance procedure may be invoked in order;
8.03 A grievance properly arising under this Agreement shall be adjusted and settled as follows: STEP NO. 1 If no satisfactory resolution is reached above, within five (5) working days after the decision of the immediate Supervisor is given to the employee, the employee must, with a Union xxxxxxx, present his grievance, which shall be reduced to writing stating the specific article(s) and section(s) of this agreement allegedly violated on a form supplied by the Union, signed by the employee, to the Human Resources Manager, or his designate, who shall consider it in the presence of the person or persons presenting same and the Human Resources Manager, or his designate, shall render his decision in writing within five (5) working days following the presentation of the grievance to him. STEP NO. 2 Within six (6) working days after the decision is given at Step No. 1, or the time limit has expired, whichever occurs first, the grievance may be referred to the Vice President or his designate. A meeting shall be held between the Union Grievance Committee and the Company within twelve (12) working days. At this meeting, a representative of the International Union and the Grievor may be present. The decision of the Vice-President or his designate shall be given within seven (7) working days after the meeting referred to herein is held.
8.04 A policy grievance arising directly between the Company and the Union concerning the interpretation, application or alleged violation of this Agreement shall be originated under Step 2, and shall be submitted in writing, and shall provide the information as spelled out in Step 1 hereof. However, the provisions of this paragraph must not be used to institute any grievance directly affecting an employee which could have been instituted through the regular grievance procedure as the individual and policy grievance procedures are mutually exclusive. Any grievance by the Company or the Union as provided in this paragraph must be commenced within twelve (12) working days after the Company or the Union became aware or ought to have become aware of the circumstances giving rise to the grievance.
8.05 All decisions arrived at between the employer and the Union shall be final and binding upon the Company, the Union, and the employee or employees concerned.
8.06 Time limits may only be extended by mutual written consent of the parties to this Agreement.
