Unpaid Leave - Union Business
(a) Short-term leave of absence without pay to a maximum of fourteen (14) days at one time shall be granted to employees designated by the Union to transact Union business including conventions and conferences unless this would unduly interrupt the operation of the department provided, however, that these designated employees shall be paid by the Employer for time lost in attending meetings during working hours whenever their attendance is requested by the Employer. The Union shall give reasonable notice to minimize disruption of the department and the Union shall make every effort to give a minimum of seven (7) days’ notice.
(b) Long-term leave of absence without pay shall be granted to employees designated by the Union to transact Union business for specific periods of not less than fourteen (14) days unless this would unduly interrupt the operation of the department. Such requests shall be made in writing sufficiently in advance to minimize disruption of the department. Employees granted such leave of absence shall retain all rights and privileges accumulated prior to obtaining such leave. Seniority shall continue to accumulate during such leave and shall apply to such provisions as annual vacations, increments and promotions.
(c) Leave of absence without pay shall be granted to employees designated by the Union for the purpose of collective bargaining. Seniority and all benefits shall accumulate during such leave.
(d) The foregoing provisions shall not limit the provisions of Article 5.10, 9.01, 9.02, 9.03, 11.05, 11.06, 12.01, 12.
(e) Every effort will be made by the Employer to retain employees on unpaid leave of absence for Union business on the Employer’s payroll and where such employees are retained, the Union shall reimburse the Employer for the wages and benefits involved. This provision does not apply to employees on extended leaves of absence who are employed by the Union on a regular full-time basis.
Union Business Leave
1. The officers and representatives of the Union are as follows: President, Vice President, Secretary/Treasurer, and Stewards. The President of the Union shall provide the City with a roster of officers and representatives and keep the City informed of any changes in that roster.
2. Up to three (3) representatives of the Union shall be allowed time off for negotiations or conferences with City Officials, without loss of pay or benefits, provided that the City’s operations shall always take priority over other business. Off-duty personnel will not be compensated for such negotiations, conferences or hearings.
3. Officers of the Union shall be granted time off, without loss of pay, to conduct union business that cannot be conducted during off-duty time.
4. Officers and/or representatives of the Union shall be granted time off, without loss of pay, to attend training classes without loss of pay or benefits to further management-employee relations.
5. The number of days off with pay and benefits under paragraphs 3 and 4 shall not exceed an aggregate of four (4) days for the entire bargaining unit per calendar year. All requests for leave pursuant to paragraphs 3 and 4 shall be submitted in writing to the City Manager no less than ten (10) working days prior to the date of the requested leave.
6. Any Officer or Xxxxxxx of the Union shall be allowed to investigate any situation/issue brought to his/her attention by either union members or management. If the nature of the issue is such that expedited handling will result in prompt disposition thereof without interference to department operations then management shall allow the Officer/Xxxxxxx to investigate the matter while on duty, provided that City operations will always take priority over other business. It is further understood that time spent by Officers/Stewards on Union related matters while off duty is non-compensable. Time spent by Officers/Stewards processing matters through the grievance procedure, attending disciplinary sessions with supervisors, and attending disciplinary and/or administrative hearings before appropriate authorities shall only be paid during their regularly scheduled workweek.
7. Staff representatives of the Union shall be allowed to meet with employees during unpaid lunch and/or coffee breaks to the degree the meetings do not disrupt the workplace.
Union Leaves Employees on Union Leaves will be treated as provided in Article 18 (Q) while working on Union leave.
Union Leave Leave of absence for Union business shall be given without pay up to a maximum of (as per the local provisions under L19) days per calendar year provided such leave does not interfere with the continuance of efficient operation of the Hospital. Such leave shall be subject to the following conditions:
(a) not more than (as per the local provisions under L19) employees of the Hospital are absent on any such leave at the same time, and not more than (as per the local provisions under L19) employee from a department;
(b) a request must be made in writing at least twenty-one days prior to the commencement of the function for which leave is requested, unless it is not reasonably possible to give such notice;
(c) such request shall state the general nature of the function to be attended;
(d) employees on a Union Leave which is approved by the Hospital in accordance with the above conditions shall be paid for such leave by the Hospital. The Hospital shall then forward a statement of such wages paid to the employee affected to the union for reimbursement of the amount stated;
(e) an employee who is elected or appointed to office with the CAW, shall upon application by the Union in writing, be granted a leave of absence without loss of seniority and benefits for up to three (3) years. An extension shall be granted upon written application by the employee to the administration of the Hospital. During such leaves of absence, salary and benefits shall be kept whole by the Hospital and the Union agrees to reimburse the Hospital for such salary and the Hospital's contribution to said benefits. The employee agrees to notify the Hospital of the employee's intention to return to work within two (2) weeks following the termination of office for which the leave was granted. The union agrees to notify the Hospital five (5) months in advance of the Local Union election. The union further agrees that the requirement to meet under Article 14 will be waived. At the end of such leave, any employee hired or placed as a substitute for the employee on such absence, may be terminated or laid off by the Hospital as required, or may be transferred to the employee's previous position if the substitution was a transfer. An employee on leave of absence under this provision shall continue to accumulate all rights and privileges under this Agreement. It is understood that the intent of this article is that it shall normally apply to only one employee at a time per circumstance as noted above, and that the Union shall provide adequate notice prior to an employee commencing Union Leave of Absence. Further applications may be granted consistent with the Hospital’s staffing requirements. In addition, it is understood that any employee so elected or appointed is required to maintain their competence in the event that they are to return to the workplace.
Leave of Absence for Union Business 20.1 On reasonable notice in writing and where operational requirements permit the Employer may grant a leave of absence without pay to an Employee who is elected or selected:
(a) as a member of the Board of Directors of the Union for the attendance at Board meetings;
(b) as a delegate to attend special conventions, conferences and/or educational programs of the Union and affiliated bodies including the National Union of Public and General Employees Canadian Labour Congress and the Nova Scotia Federation of Labour;
(c) as members of standing Committees of the Union for the attendance at meetings of the standing Committees;
(d) as members of the Bargaining Union negotiating committee of the Local for attendance at Committee meetings;
(e) as members of the Executive to attend Executive Meetings of the Nova Scotia Government and General Employees Union and the Nova Scotia Federation of Labour; or
(f) for such other Union business as may be authorized by the Union. Such leaves will not be unreasonably refused. Such leaves shall be without pay but without loss of benefits or seniority during the period of the leave. The Employer will continue the salary and benefits of an Employee, who is granted leave without pay for Union business, and will invoice the Union for the Employee's salary and benefits.
20.2 On reasonable notice in writing and where operational requirements permit, an Employee who is seconded for a position with the Union or anybody with which the Union is affiliated may be granted a leave of absence without loss of seniority and benefits during the period of the leave. Such leave shall not be unreasonably refused. The Employer will continue the salary of an Employee who is seconded without pay and will invoice the Union for the Employee's salary and the Union shall reimburse the Employer for all pay or benefits during the period of the leave.
Disabled Veteran Business Enterprises This section is applicable if Contractor received a disabled veteran business enterprise (“DVBE”) incentive in connection with this Agreement. Contractor’s failure to meet the DVBE commitment set forth in its bid or proposal constitutes a breach of the Agreement. If Contractor used DVBE subcontractor(s) in connection with this Agreement: (i) Contractor must use the DVBE subcontractors identified in its bid or proposal, unless the Judicial Council approves in writing replacement by another DVBE subcontractor in accordance with the terms of this Agreement; and (ii) Contractor must within sixty (60) days of receiving final payment under this Agreement certify in a report to the Judicial Council: (1) the total amount of money Contractor received under the Agreement; (2) the name and address of each DVBE subcontractor to which Contractor subcontracted work in connection with the Agreement; (3) the amount each DVBE subcontractor received from Contractor in connection with the Agreement; and (4) that all payments under the Agreement have been made to the applicable DVBE subcontractors. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation.
Leave for Union Business The Hospital agrees to grant leaves of absence, without pay, to nurses selected by the Union to attend Union business including conferences, conventions and Provincial Committee meetings and to any nurse elected to the position of Local Co-ordinator. The cumulative total leave of absence, the amount of notice, the number of nurses that may be absent at any time from one area and the number of days (including those of the Local Co-ordinator) is set out in the Appendix of Local Provisions. During such leave of absence, a nurse's salary and applicable benefits or percentage in lieu of fringe benefits shall be maintained by the Hospital and the local Union agrees to reimburse the Hospital in the amount of the daily rate of the full-time nurse or in the amount of the full cost of such salary and percentage in lieu of fringe benefits of a part-time nurse except for Provincial Committee meetings which will be reimbursed by the Union. The Hospital will xxxx the local Union within a reasonable period of time. Part-time nurses will receive service and seniority credit for all leaves granted under this Article.
Local Union Leave Upon written request, leave of absence without pay shall be granted to employees for Union business in accordance with the following provisions:
i) In bargaining units with up to 12 members, no more than one (1) employee shall be on leave at any one time. In bargaining units with 13 or more members, no more than two (2) employees shall be on leave at any one time.
ii) The aggregate total number of days of leave, including Provincial Committee Leave, will not exceed sixty-five (65) working days in a calendar year.
iii) The Union will give at least four (4) weeks’ written notice where practicable.
iv) Replies to request for leaves of absence shall be given within two
Union Leave of Absence An employee on an unpaid Union leave of absence shall have her wages, benefits and seniority continued by the Employer, and the Union agrees to reimburse the Employer for the costs of such wages and benefits. Employees requesting leave under this article will provide the Employer with as much advance notice as possible of the dates of the leave. Where there are less than fifteen (15) regular employees at a workstation at the time the leave request is submitted, and subject to operational requirements, unpaid Union leave of absence will be granted to one employee for the purpose of conducting Union business. This would be an additional person on Union leave at worksites where the position of the Union President or Council member has been backfilled for the duration of their term of office. A leave of absence without pay shall be granted to an employee who is a member of the Union and who is:
A) a Union Council/Board member. Such leave shall be granted for the purpose of attending regular or special meetings of the Council/Board and shall include reasonable travel time.
B) either elected or appointed to represent the Union and/or a region at annual or special conventions of the Union.
C) a member of the Union’s bargaining committee. Such leave (including travelling time) shall be granted to attend preparatory negotiating meetings, to conduct negotiations, and to participate in mediation, industrial inquiry commissioner hearings and arbitrations.
D) selected by the Union or its members as a delegate to attend the Provincial Bargaining Conference.
E) selected by the Union or its members as a delegate to attend regional Bargaining Conference.
Union Business (a) The Hospital shall grant leave of absence without pay to employees to attend Union conventions, seminars, education classes and other Union business in connection with the administration of the collective agreement provided that such leave will not interfere with the efficient operation of the Hospital. Such leave will not be unreasonably denied. In requesting such leave of absence for an employee or employees, the Union must give at least fourteen (14) days clear notice in writing to the Hospital, unless not reasonably possible to give such notice. The cumulative total leave of absence, the number of employees that may be absent at any one time from any one area, and the number of days of absence shall be negotiated locally and are set out in the Local Provisions Appendix. During such leave of absence, the employee's salary and applicable benefits shall be maintained by the Hospital on the basis of what his normal regular hours of work would have been, provided that the Union reimburses the Hospital in the amount of such salary and applicable benefits within thirty (30) days of billing. Notwithstanding the above, time spent by the eight (8) Executive Board members and seven (7) Alternate Executive Board members of the Ontario Council of Hospital Unions to fulfill the duties of the position shall be in addition to leave for Union Business under this clause. Part-time and casual employees will be given full credit for seniority purposes for regularly scheduled hours missed in accordance with this provision.
(b) In addition to the above, a part-time or casual employee who is attending to union business when not regularly scheduled to work shall be deemed to be on union leave and the amount of such leave shall not be deducted from the number of days of absence identified above. Such part-time or casual employee will be credited with seniority for the number of hours of such leave to a maximum of thirty-seven and one-half (37.5) hours per week. The Union will advise the Hospital of the number of such hours.
