Work Schedules. (a) This agreement shall establish shift patterns, length of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer shall determine when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services. (c) The Employer's designate and the union ▇▇▇▇▇▇▇ at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the agreement and the provisions of this article including the following: (1) if either party wishes a change to existing work schedules they shall provide the other party with the earliest possible advance notice in writing; (2) if a change is requested the notice shall be given to the appropriate union ▇▇▇▇▇▇▇ or designated employer representative; (3) the parties shall have 14 days, from the date notice is given to reach agreement on work schedules; (4) if the parties are unable to reach agreement within 14 days either party may refer the matter to an Hours of Work Umpire on the appropriate form. (d) The Employer and the Union shall agree on a list of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreement. (1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision. (2) The Umpire shall base their decision on work schedule information in the agreement and the criteria to be applied in this section. The Umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement may be considered. (3) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change. (4) In coming to a decision, the Umpire shall abide by the following rules: (i) the decision must not be retroactive; (ii) the hours of work schedule awarded shall not contain scheduled overtime; (iii) the decision must not interpret the collective agreement except for the provisions of Clauses 14.2(e)(4) and 14.2(f). (f) The parties recognize that in reaching mutual agreement on work schedules, or where the Umpire is determining a schedule in accordance with the provisions of this article the following will also apply: (1) work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit; (2) work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost; (3) consideration shall also be given to employee preferences, fairness and equity. (1) In the event there is a dispute between the parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 days' notice, providing the length of workday is not increased beyond nine hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' notice may be concurrent with the period of notice in (c)(3) above. (2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpire's decision. (h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
Appears in 5 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Work Schedules. (a) This agreement Component agreements shall establish shift patterns, length of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer shall determine determine, pursuant to the appropriate statutory authority, when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the relevant component agreement and the provisions of this article including the following:
(1) if either party wishes a change to existing work schedules they it shall provide the other party with the earliest possible advance notice in writing;
(2) if a change is requested only at the local level, the notice shall be given to the appropriate union ▇▇▇▇▇▇▇ or designated employer representative. If a change is requested which involves more than one worksite, notice shall be given to the President of the Union or designated ministry official;
(3) the parties shall have 14 days, from the date notice is given to reach agreement on work schedules;
(4) if the parties are unable to reach agreement within 14 days either party may refer the matter to an Hours of Work Umpire on the appropriate formform through the Union or the BC Public Service Agency.
(d) The Employer and the Union shall agree on a list of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreementMain and component agreements.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire shall base their decision on work schedule information in the relevant component agreement and the criteria to be applied in this section. The Umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the relevant component agreement may be considered.
(3) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(4) In coming to a decision, the Umpire shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the Main or Component collective agreement agreements except for the provisions of Clauses 14.2(e)(4) and 14.2(f).
(f) The parties recognize that in reaching mutual agreement on work schedules, or where the Umpire is determining a schedule in accordance with the provisions of this article the following will also apply:
(1) work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2) work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 days' notice, providing the length of workday is not increased beyond nine hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpireumpire's decision.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
(i) If any of the provisions of this article are in conflict with, or are restricted by, any provision of a component agreement, the provisions of this article will apply.
Appears in 5 contracts
Sources: Public Service Agreement, Public Service Agreement, Public Service Agreement
Work Schedules. (a) This agreement Component Agreements shall establish shift patterns, length of scheduled workdays work days and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer shall determine determine, pursuant to the appropriate statutory authority, when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The Employer's designate and the union Union ▇▇▇▇▇▇▇ at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the agreement relevant Component Agreement and the provisions of this article including the following:
(1) if either party Party wishes a change to existing work schedules they it shall provide the other party Party with the earliest possible advance notice in writing;
(2) if a change is requested only at the local level, the notice shall be given to the appropriate union Union ▇▇▇▇▇▇▇ or designated employer Employer representative. If a change is requested which involves more than one work site, notice shall be given to the President of the Union or designated Ministry official;
(3) the parties Parties shall have 14 days, from the date notice is given to reach agreement on work schedules;
(4) if the parties Parties are unable to reach agreement within 14 days either party Party may refer the matter to an Hours of Work Umpire on the appropriate form.
(d) The Employer and the Union shall agree on a list of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreementMaster and Component Agreements.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals principals by a further seven days, in which to bring in a decision.
(2) The Umpire shall base their decision on work schedule information in the agreement relevant Component Agreement and the criteria to be applied in this section. The Umpire may consider a work schedule proposed by either partyParty, however only work schedules which are consistent with the agreement relevant Component Agreement may be considered.
(3) The party Party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(4) In coming to a decision, the Umpire shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement Master or Component Collective Agreements except for the provisions of Clauses 14.2(e)(4) and 14.2(f).
(f) The parties Parties recognize that in reaching mutual agreement on work schedules, or where the Umpire is determining a schedule in accordance with the provisions of this article the following will also apply:
(1) work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2) work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties Parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 days' days notice, providing the length of workday work day is not increased beyond nine hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' days notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpire's decision.
(h) Either party Party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
(i) If any of the provisions of this article are in conflict with, or are restricted by, any provision of a Component Agreement, the provisions of this article will apply.
Appears in 5 contracts
Sources: Master Agreement, Extension to the Thirteenth Master Agreement, Extension to the Thirteenth Master Agreement
Work Schedules.
(a) This agreement shall establish shift patterns, length of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer shall determine when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the agreement and the provisions of this article including the following:
(1) if either party wishes a change to existing work schedules they shall provide the other party with the earliest possible advance notice in writing;
(2) if a change is requested the notice shall be given to the appropriate union ▇▇▇▇▇▇▇ or designated employer representative;
(3) the parties shall have 14 days, from the date notice is given to reach agreement on work schedules;
(4) if the parties are unable to reach agreement within 14 days either party may refer the matter to an Hours of Work Umpire on the appropriate form.
(d) The Employer and the Union shall agree on a list of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreement.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire shall base their decision on work schedule information in the agreement and the criteria to be applied in this section. The Umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement may be considered.
(3) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(4) In coming to a decision, the Umpire shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement except for the provisions of Clauses 14.2(e)(4) and 14.2(f).
(f) The parties recognize that in reaching mutual agreement on work schedules, or where the Umpire is determining a schedule in accordance with the provisions of this article the following will also apply:
(1) work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2) work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 days' notice, providing the length of workday is not increased beyond nine hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpire's decision.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
Appears in 3 contracts
Sources: Collective Agreement, Collective Agreement, Collective Agreement
Work Schedules.
(a) This agreement Component agreements shall establish shift patterns, length of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer shall determine determine, pursuant to the appropriate statutory authority, when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the relevant component agreement and the provisions of this article including the following:
(1) if either party wishes a change to existing work schedules they it shall provide the other party with the earliest possible advance notice in writing;
(2) if a change is requested only at the local level, the notice shall be given to the appropriate union ▇▇▇▇▇▇▇ or designated employer representative. If a change is requested which involves more than one worksite, notice shall be given to the President of the Union or designated ministry official;
(3) the parties shall have 14 days, from the date notice is given to reach agreement on work schedules;
(4) if the parties are unable to reach agreement within 14 days either party may refer the matter to an Hours of Work Umpire on the appropriate formform through the Union or the BC Public Service Agency.
(d) The Employer and the Union shall agree on a list of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreementMaster and Component Agreements.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals principals by a further seven days, in which to bring in a decision.
(2) The Umpire shall base their decision on work schedule information in the agreement relevant Component Agreement and the criteria to be applied in this section. The Umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement relevant Component Agreement may be considered.
(3) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(4) In coming to a decision, the Umpire shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the Master or Component collective agreement agreements except for the provisions of Clauses 14.2(e)(4) and 14.2(f).
(f) The parties recognize that in reaching mutual agreement on work schedules, or where the Umpire is determining a schedule in accordance with the provisions of this article the following will also apply:
(1) work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2) work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 days' notice, providing the length of workday is not increased beyond nine hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpireumpire's decision.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
(i) If any of the provisions of this article are in conflict with, or are restricted by, any provision of a component agreement, the provisions of this article will apply.
Appears in 3 contracts
Sources: Master Agreement, Master Agreement, Master Agreement
Work Schedules.
(a) This agreement Agreement shall establish shift patterns, length of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer shall determine when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the agreement Agreement and the provisions of this article including the following:
(1) if either party wishes a change to existing work schedules they shall provide the other party with the earliest possible advance notice in writing;
(2) if a change is requested the notice shall be given to the appropriate union ▇▇▇▇▇▇▇ or designated employer representative;
(3) the parties shall have 14 days, from the date notice is given to reach agreement on work schedules;
(4) if the parties are unable to reach agreement within 14 days either party may refer the matter to an Hours of Work Umpire on the appropriate form.
(d) The Employer and the Union shall agree on a list of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreementAgreement.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire shall base their decision on work schedule information in the agreement Agreement and the criteria to be applied in this section. The Umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement Agreement may be considered.
(3) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(4) In coming to a decision, the Umpire shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement Collective Agreement except for the provisions of Clauses 14.2(e)(4) and 14.2(f).
(f) The parties recognize that in reaching mutual agreement on work schedules, or where the Umpire is determining a schedule in accordance with the provisions of this article the following will also apply:
(1) work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2) work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 days' days notice, providing the length of workday is not increased beyond nine hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' days notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpire's decision.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Work Schedules.
(a) This agreement shall article will establish shift patterns, length of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer Commission shall determine determine, pursuant to the appropriate statutory authority, when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The EmployerCommission's designate and the union ▇▇▇▇▇▇▇ at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the agreement and the provisions of this article Agreement including the following:
(1) if either party wishes a change to existing work schedules they it shall provide the other party with the earliest possible advance notice in writing;
(2) if a change is requested only at the local level, the notice shall be given to the appropriate union ▇▇▇▇▇▇▇ or designated employer Commission representative. If a change is requested which involves more than one (1) worksite, notice shall be given to the President of the Union or designated Commission official;
(3) the parties shall have 14 fourteen (14) days, from the date notice is given to reach agreement on work schedules;
(4) if the parties are unable to reach agreement within 14 fourteen (14) days either party may refer the matter to an Hours of Work Umpire on the appropriate formgrievance and arbitration procedure pursuant to Articles 8 and 9.
(d) The Employer Commission and the Union shall agree on a list of persons designated as "Hours of Work Umpires" who shall resolve that hours of work disputes shall be resolved in accordance with the provisions of the agreementCollective Agreement.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire shall base their decision on work schedule information in the agreement and the criteria to be applied in this section. The Umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement may be considered.
(3) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(42) In coming to a decision, the Umpire parties shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement Collective Agreements except for the provisions of Clauses 14.2(e)(415.2(d) and 14.2(f15.2(e).
(fe) The parties recognize that in reaching mutual agreement on work schedules, or where the Umpire is determining a schedule in accordance with the provisions of this article the following will also apply:
(1) work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2) work schedule changes, within existing hours of operation, must not result in increased cost to the Employer Commission and where possible shall result in decreased cost to the Employer Commission and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer Commission to prove decreased cost;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties at the local level, the Employer Commission may implement, on an interim basis, a new or changed work schedule by giving 14 fourteen (14) days' ’ notice, providing the length of workday is not increased beyond nine (9) hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 fourteen (14) days' ’ notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpire's decisionagreement.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Work Schedules. (a) This agreement shall establish shift patterns, length Shift patterns and lengths of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of workwork shall be established by mutual agreement. Agreement will not be unreasonably withheld.
(b) The Employer shall determine when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services. This provision will not nullify the application of the other articles of this Agreement.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ employee's representative at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the agreement and the provisions of this article Agreement, including the following:
(1) if If either party wishes a change to existing work schedules they it shall provide the other party with the earliest possible advance notice in writing;.
(2) if If a change is requested only at the local level, the notice shall be given to the appropriate union ▇▇▇▇▇▇▇ or designated employer representative;. If a change is requested which involves more than one (1) worksite, notice shall be given to the President of the Union or designated employer official.
(3) the The parties shall have 14 ten (10) days, from the date notice is given to reach agreement on work schedules;.
(4) if If the parties are unable to reach agreement within 14 ten (10) days either party may refer the matter to an Hours of Work Umpire on the appropriate formarbitration pursuant to Article 9.
(d) The Employer and the Union shall agree on a list of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreement.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire shall base their decision on work schedule information in the agreement and the criteria to be applied in this section. The Umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement may be considered.
(35) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(4) In coming to a decision, the Umpire shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement except for the provisions of Clauses 14.2(e)(4) and 14.2(f).
(fd) The parties recognize that in reaching mutual agreement on work schedules, or where the Umpire an arbitration board is determining a schedule in accordance with the provisions of this article clause the following will also applybe met:
(1) work Work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;.
(2) work Work schedule changes, within existing hours of operation, must should not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;Employer.
(3) If the above criteria are satisfied, consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 days' fourteen (14) days notice, providing the length of workday is not increased beyond nine (9) hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' fourteen (14) days notice may be concurrent with the period of notice in (c)(3Clause 17.2(c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpirearbitrator's decision.
(h1) Either party may grieve an Hours Existing shift patterns are as follows:
(i) five (5) days on/two (2) days off;
(ii) four (4) days on/two (2) days off;
(iii) four (4) days on/three (3) days off.
(2) Starting and finishing times of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(eworkdays shall be established by mutual agreement. Agreement will not be unreasonably withheld.
(3) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days A record of the receipt of employee's work schedule shall be maintained at the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearinglocal level.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Work Schedules.
(a) This agreement shall establish shift patterns, length of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer shall determine determine, when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the agreement and the provisions of this article including the following:
(1) if either party wishes a change to existing work schedules they it shall provide the other party with the earliest possible advance notice in writing;
(2) if a change is requested requested, the notice shall be given to the appropriate union ▇▇▇▇▇▇▇ or designated employer representative. If a change is requested which involves more than one worksite, notice shall be given to the President of the Union or designate or to the designated employer official whichever is applicable;
(3) the parties shall have 14 days, from the date notice is given to reach agreement on work schedules;
(4) if the parties are unable to reach agreement within 14 days either party may refer the matter to an Hours of Work Umpire on the appropriate form.
(d) The Employer and the Union shall agree on a list of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreement.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire shall base their decision on work schedule information in the relevant agreement and the criteria to be applied in this section. The Umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement may be considered.
(3) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(4) In coming to a decision, the Umpire shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement except for the provisions of Clauses 14.2(e)(4) and 14.2(f).
(f) The parties recognize that in reaching mutual agreement on work schedules, or where the Umpire is determining a schedule in accordance with the provisions of this article the following will also apply:
(1) work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2) work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the publiccustomer. The onus of proof shall be on the Employer to prove decreased cost;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 days' notice, providing the length of workday is not increased beyond nine 10 hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpireumpire's decision.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Work Schedules. (a) This agreement shall article will establish shift patterns, length of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer Authority shall determine determine, pursuant to the appropriate statutory authority, when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The EmployerAuthority's designate and the union ▇▇▇▇▇▇▇ at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the this agreement and the provisions of this article including the following:
(1) if either party wishes a change to existing work schedules they it shall provide the other party with the earliest possible advance notice in writing;
(2) if a change is requested only at the local level, the notice shall be given to the appropriate union ▇▇▇▇▇▇▇ or designated employer representativeAuthority representative and copied to the Joint Consultation Committee Co-Chairpersons. If a change is requested which involves more than one worksite, notice shall be given to the President of the Union or designated Authority official;
(3) the parties shall have 14 days, from the date notice is given to reach agreement on work schedules;
(4) if the parties are unable to reach agreement within 14 days either party may refer the matter to an Hours of Work Umpire on the appropriate formgrievance and arbitration procedure pursuant to Articles 8 and 9.
(d) The Employer Authority and the Union shall agree on a list of persons designated as "Hours of Work Umpires" who shall resolve that hours of work disputes shall be resolved in accordance with the provisions of the collective agreement.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire shall base their decision on work schedule information in the agreement and the criteria to be applied in this section. The Umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement may be considered.
(3) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(42) In coming to a decision, the Umpire parties shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement except for the provisions of Clauses 14.2(e)(415.2(d) and 14.2(f15.2(e).
(fe) The parties recognize that in reaching mutual agreement on work schedules, or where the Umpire is determining a schedule in accordance with the provisions of this article schedules the following will also apply:
(1) work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2) work schedule changes, within existing hours of operation, must not result in increased cost to the Employer Authority and where possible shall result in decreased cost to the Employer Authority and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer Authority to prove decreased cost;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties at the local level, the Employer Authority may implement, on an interim basis, a new or changed work schedule by giving 14 days' days notice, providing the length of workday is not increased beyond nine hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' days notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpire's decisionagreement.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Work Schedules. (a) This agreement Agreement shall establish shift patterns, length of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer shall determine determine, when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services. The Employer agrees to meet with the Union to advise them of their needs 30 days in advance of intended change to the work schedule.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ employees' representative at the local level will establish seasonal work schedules based upon the shift patterns and hours of work clauses in the agreement this Agreement and the provisions of this article including the following:
(1) if either party wishes a change to existing seasonal work schedules they it shall provide the other party with the earliest possible advance notice in writing;
(2) if a change is requested only at the local level, the notice shall be given to the appropriate union ▇▇▇▇▇▇▇ or designated employer representative. If a change is requested which involves more than one worksite, notice shall be given to the President of the Union or General Manager;
(3) the parties shall have 14 days, from the date notice is given to reach agreement on seasonal work schedules;
(4) if the parties are unable to reach agreement within 14 days either party may refer the matter to an Hours of Work Umpire on the appropriate form.
(d) The Employer umpire, pursuant to Article 8, and the Union shall agree on a list terms of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreementreference within this article.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire umpire shall base their his decision on work schedule information in the agreement this Agreement and the criteria to be applied in this section. The Umpire umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement may be considered.
(32) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(43) In coming to a decision, the Umpire umpire shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement this Agreement except for the provisions of Clauses 14.2(e)(414.2(d)(3) and 14.2(f14.2(e);
(iv) the decision must accord with the agreed upon terms of reference as noted in this Agreement.
(fe) The parties recognize that in reaching mutual agreement on seasonal work schedules, or where the Umpire umpire is determining recommending a schedule in accordance with the provisions of this article the following will also apply:
(1) work Work schedules shall meet the hours of operation and shall consider unusual or seasonal seasonable demands and functionally linked work groups within and without the bargaining unit;.
(2) Seasonal work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;.
(3) consideration Consideration shall also be given to employee preferences, fairness and equity.
(1f) In the event there is a dispute between the parties at the local level, the The Employer may implement, on an interim basis, will give 14 days' notice when implementing a new or changed seasonal work schedule by giving 14 days' notice, providing the length of workday is not increased beyond nine hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' notice may be concurrent with the period of notice in (c)(3) aboveschedule.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpire's decision.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Work Schedules.
(a) This agreement article shall establish shift patterns, length of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer shall determine determine, pursuant to the appropriate statutory authority, when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the this agreement and the provisions of this article including the following:
(1) if If either party wishes a change to existing work schedules they it shall provide the other party with the earliest possible advance notice in writing;
(2) if If a change is requested only at the local level, the notice shall be given to the appropriate union ▇▇▇▇▇▇▇ or designated employer representative. If a change is requested which involves more than one worksite, notice shall be given to the President of the Union, or their designate, or designated employer official;
(3) the The parties shall have 14 days, from the date notice is given to reach agreement on work schedules;
(4) if If the parties are unable to reach agreement within 14 days either party may refer the matter to an Hours of Work Umpire on the appropriate formgrievance and arbitration procedures pursuant to Articles 8 and 9.
(d) The Employer and the Union shall agree on a list of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes shall be resolved in accordance with the provisions of the this agreement.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire shall base their decision on work schedule information in the agreement and the criteria to be applied in this section. The Umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement may be considered.
(3) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(4) In coming to a decision, the Umpire shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement except for the provisions of Clauses 14.2(e)(4) and 14.2(f).
(fe) The parties recognize that in reaching mutual agreement on work schedules, or where the Umpire is determining a schedule in accordance with the provisions of this article the following will also apply:
(1) work Work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2) work Work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the publicservice. The onus of proof shall be on the Employer to prove decreased cost;
(3) consideration Consideration shall also be given to employee preferences, fairness and equity.
(f) Work schedules for all employees will be guided by the provision of (1), (2) and (3) below except as otherwise provided.
(1) In The annual work schedule shall consist of either four or five consecutive days in each week so that the event there total regular hours of work, exclusive of meal periods, is 35, providing that within a dispute between the parties at the local levelseven-day period, the Employer scheduled days shall be of equal length. Except as otherwise provided, the standard workweek for employees formerly covered by the Administrative Services Component agreement shall consist of five consecutive days from Monday to Friday, inclusive, and the workday shall be seven hours duration, exclusive of meal periods, and these hours shall be scheduled between 8:00 a.m. and 5:00 p.m.
(2) The annual work schedules drawn from Appendix 4 may implementincorporate shift patterns using multiples of the ratios listed in Appendix 4, provided that the number of consecutive days worked does not exceed 14.
(3) Annual work schedules may incorporate "seasonal periods". The seasonal periods shall not exceed a total of six months. Both the seasonal and non-seasonal parts of the schedule shall be drawn from Appendix 4 and may incorporate shift patterns using multiples of the ratios in Appendix 4, provided that the number of consecutive days worked does not exceed 14. For the purpose of this agreement, the term "seasonal period" shall be considered to be the traditional seasonal period of increased activity for the employees involved.
(1) A divisional field crew shall mean any employee or group of employees who are on assignment at a location so far removed from their respective headquarters that overnight accommodation is required and who are carrying out a project of an interim basis, a new expected or changed work schedule by giving actual duration of over 14 days' notice, providing the length of workday is not increased beyond nine hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change A divisional field crew shall be made scheduled for a seven hour workday, exclusive of meal period, and up to a maximum of 10 days without a day of rest. Notwithstanding the foregoing, a divisional field crew may by majority decision, work at its discretion up to 10 hours per day to complete daily assignments. Such time shall be considered as regular working time. Any regular working time within the foregoing limits which is in excess of 140 hours in a 28-day period shall, for record-keeping purposes pursuant to the provisions of this clause, be defined as surplus time. For periods of less than 28 days, the calculation shall be prorated accordingly. Any surplus time thus accumulated by any employee shall be recorded and banked, and taken in equivalent time off. Such time off shall be scheduled by mutual agreement at the local level pursuant to (3) or an Umpire's decision(4) below. For auxiliary employees, any uncompensated surplus hours will be adjusted in cash.
(h3) Either party Banked time may grieve an Hours be utilized by mutual agreement, on a crew basis, for a mid-season or project break. Any unused days shall be carried over to the non-seasonal part of Work Umpire decision made pursuant the annual schedule.
(4) For each 28 days worked, the employee shall earn eight days of rest. These shall be recorded and banked, and any days off in the 28-day cycle shall be deducted there from. For the purpose of carrying forward to the non-seasonal part of the working year, any such days which are not used, shall be considered as being seven hours each. Where by mutual agreement between the employee and their supervisor, more days of rest are arranged than can be covered by the above-mentioned days of rest, such additional days may be granted and the working time so missed shall be deducted from the employee's surplus time in the amount of the number of hours per day called for in the schedule applicable at that time.
(5) Notwithstanding any other compensation, time worked in excess of 10 days continuously without a day of rest shall be compensated at double-time rate and be subject to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days 16.9 of the receipt agreement. Time worked in excess of 10 hours per day shall be compensated at the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearingapplicable overtime rates.
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Work Schedules.
(a) This agreement Component agreements shall establish shift patterns, length of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer shall determine determine, pursuant to the appropriate statutory authority, when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the relevant component agreement and the provisions of this article including the following:
(1) if either party wishes a change to existing work schedules they it shall provide the other party with the earliest possible advance notice in writing;
(2) if a change is requested only at the local level, the notice shall be given to the appropriate union ▇▇▇▇▇▇▇ or designated employer representative. If a change is requested which involves more than one worksite, notice shall be given to the President of the Union or designated ministry official;
(3) the parties shall have 14 days, from the date notice is given to reach agreement on work schedules;
(4) if the parties are unable to reach agreement within 14 days either party may refer the matter to an Hours of Work Umpire on the appropriate formform through the Union or the BC Public Service Agency.
(d) The Employer and the Union shall agree on a list of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreement.Work
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals principals by a further seven days, in which to bring in a decision.
(2) The Umpire shall base their decision on work schedule information in the agreement relevant Component Agreement and the criteria to be applied in this section. The Umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement relevant Component Agreement may be considered.
(3) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(4) In coming to a decision, the Umpire shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the Master or Component collective agreement agreements except for the provisions of Clauses 14.2(e)(4) and 14.2(f).
(f) The parties recognize that in reaching mutual agreement on work schedules, or where the Umpire is determining a schedule in accordance with the provisions of this article the following will also apply:
(1) work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2) work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 days' notice, providing the length of workday is not increased beyond nine hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpireumpire's decision.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
(i) If any of the provisions of this article are in conflict with, or are restricted by, any provision of a component agreement, the provisions of this article will apply.
Appears in 2 contracts
Sources: Master Agreement, Master Agreement
Work Schedules. (a) This agreement Agreement shall establish shift patterns, length of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of work, pursuant to Clause 14.9.
(b) The Employer shall determine determine, when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ employees' representative at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the agreement this Agreement and the provisions of this article Article including the following:
(1) if either party Party wishes a change to existing work schedules they it shall provide the other party Party with the earliest possible advance notice in writing;
(2) if a change is requested only at the local level, the notice shall be given to the appropriate union Union ▇▇▇▇▇▇▇ or designated employer Employer representative. If a change is requested which involves more than one (1) worksite, notice shall be given to the President of the Union or the Company President or his designate;
(3) the parties Parties shall have 14 fourteen (14) days, from the date notice is given to reach agreement on work schedules;
(4) if the parties Parties are unable to reach agreement within 14 fourteen (14) days either party Party may refer the matter to an Hours of Work Umpire on the appropriate form.
(d) The Employer expedited arbitration, pursuant to Clause 9.6 and the Union shall agree on a list terms of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreementreference within this Article.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire arbitrator shall base their his/her decision on work schedule information in the agreement this Agreement and the criteria to be applied in this section. The Umpire arbitrator may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement may be consideredParty.
(32) The party Party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(43) In coming to a decision, the Umpire arbitrator shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement Master Agreement except for the provisions of Clauses 14.2(e)(4) and 14.2(f)14.2.
(fiv) The parties recognize that in reaching mutual agreement on work schedules, or where the Umpire is determining a schedule in accordance decision must accord with the provisions of this article the following will also apply:
(1) work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2) work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 days' notice, providing the length of workday is not increased beyond nine hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpire's decision.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours terms of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.reference referred to in
Appears in 2 contracts
Sources: Collective Agreement, Collective Agreement
Work Schedules.
(a) This agreement The appropriate Appendices 7 or 8 and Article 14 shall establish shift patterns, length of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer shall determine determine, pursuant to the appropriate statutory authority, when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ at the local level will establish work schedules based upon the shift patterns and hours of work clauses as contained in the appropriate Appendices 7 or 8 of this agreement and the provisions of this article including the following:
(1) if either party wishes a change to existing work schedules they it shall provide the other party with the earliest possible advance notice in writing;
(2) if a change is requested requested, the notice shall be given to the appropriate union ▇▇▇▇▇▇▇ or designated employer representativerepresentative and notice shall be given to the President of the Union or their designate;
(3) the parties shall have 14 days, from the date notice is given to reach agreement on work schedules;
(4) if the parties are unable to reach agreement within 14 days either party may refer the matter to an Hours of Work Umpire on the appropriate form.
(d) The Employer and the Union shall agree on a list of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreement.Work
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire shall base their decision on work schedule information contained in the agreement appropriate Appendices 7 or 8 and Article 14 and the criteria to be applied in this section. The Umpire may consider a work schedule proposed by either party, party however only work schedules which are consistent with the agreement appropriate Appendices 7 or 8 and Article 14 may be considered.
(3) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(4) In coming to a decision, the Umpire shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective this agreement except for the provisions of Clauses 14.2(e)(4) and 14.2(f).
(f) The parties recognize that in reaching mutual agreement on work schedules, or where the Umpire is determining a schedule in accordance with the provisions of this article the following will also apply:
(1) work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2) work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 days' notice, providing the length of workday is not increased beyond nine hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpireumpire's decision.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
Appears in 1 contract
Sources: Collective Agreement
Work Schedules.
(a) This agreement Appendices A, B, C, D, E or F, as appropriate, shall establish shift patterns, length of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer shall determine when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The Employer's designate and the union Union ▇▇▇▇▇▇▇ at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the agreement relevant appendices and the provisions of this article including the following:
(1) if either party wishes a change to existing work schedules they it shall provide the other party with the earliest possible advance notice in writing;
(2) if a change is requested only at the local level, the notice shall be given to the appropriate union Union ▇▇▇▇▇▇▇ or designated employer representative. If a change is requested which involves more than one worksite, notice shall be given to the President of the Union or designated employer official;
(3) the parties shall have 14 days, from the date notice is given to reach agreement on work schedules;
(4) if the parties are unable to reach agreement within 14 days either party may refer the matter to an Hours of Work Umpire on the appropriate form.
(d) The Employer and the Union shall agree on a list of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreementAppendices A, B, C, D, E or F, as appropriate.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire shall base their decision on work schedule information in the agreement Appendices A, B, C, or D, E or F, as appropriate, and the criteria to be applied in this section. The Umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement relevant appendices may be considered.
(3) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(4) In coming to a decision, the Umpire shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective this agreement except for the provisions of Clauses 14.2(e)(4) and 14.2(f).
(f) The parties recognize that in reaching mutual agreement on work schedules, or where the Umpire is determining a schedule in accordance with the provisions of this article the following will also apply:
(1) work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2) work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 days' notice, providing the length of workday is not increased beyond nine hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpireumpire's decision.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
(i) If any of the provisions of this article are in conflict with, or are restricted by, any provision of Appendices A, B, C, D, E or F, the provisions of this article will apply.
Appears in 1 contract
Sources: Collective Agreement
Work Schedules.
(a) This agreement shall establish shift patterns, length Shift patterns and lengths of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of workwork shall be established by mutual agreement.
(b) The Employer shall determine when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services. This provision will not nullify the application of the other Articles of this Agreement.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ employee's representative at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the agreement and the provisions of this article Agreement, including the following:
(1) if If either party Party wishes a change to existing work schedules they it shall provide the other party Party with the earliest possible advance notice in writing;.
(2) if If a change is requested only at the local level, the notice shall be given to the appropriate union Union ▇▇▇▇▇▇▇ or designated employer Employer representative;. If a change is requested which involves more than one (1) worksite, notice shall be given to the President of the Union or designated Employer official.
(3) the parties The Parties shall have 14 ten (10) days, from the date notice is given to reach agreement on work schedules;.
(4) if If the parties Parties are unable to reach agreement within 14 ten (10) days either party Party may refer the matter to an Hours of Work Umpire on the appropriate formarbitration pursuant to Article 9.
(d5) The Employer and the Union shall agree on a list of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreement.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire shall base their decision on work schedule information in the agreement and the criteria to be applied in this section. The Umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement may be considered.
(3) The party Party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(4) In coming to a decision, the Umpire shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement except for the provisions of Clauses 14.2(e)(4) and 14.2(f).
(fd) The parties Parties recognize that in reaching mutual agreement on work schedules, or where the Umpire an arbitration board is determining a schedule in accordance with the provisions of this article clause the following will also applybe met:
(1) work Work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;.
(2) work Work schedule changes, within existing hours of operation, must should not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;Employer.
(3) If the above criteria are satisfied, consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties Parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 days' fourteen (14) days notice, providing the length of workday is not increased beyond nine (9) hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' fourteen (14) days notice may be concurrent with the period of notice in (c)(3Clause 17.2(c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an UmpireArbitrator's decision.
(h1) Either party Existing shift patterns are as follows:
(i) five (5) days on/two (2) days off;
(ii) four (4) days on/two (2) days off;
(iii) four (4) days on/three (3) days off.
(2) Starting and finishing times of workdays shall be established by mutual agreement.
(3) A record of the employee's work schedule shall be maintained at the local level.
(g) Workplace Flexibility
(1) Local Collective Agreement language shall apply except as expressly provided below.
(2) After the date of ratification of this agreement, new positions created and vacant positions may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on include Saturday and/or Sunday as a regular workday. Postings for these positions shall state the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 consecutive days of work.
(3) No regular employee hired prior to the receipt date of ratification of this agreement shall be required to work Saturday or Sunday as a regular workday, unless the Umpire's awardemployee is currently scheduled to work Saturday or Sunday.
(4) A premium of one additional hour of pay per shift shall apply to all regularly scheduled work on Saturday and Sunday. The Hours This article will cease to apply effective April 1, 2005. All employees currently entitled to this benefit will be grandfathered for the duration of Work Arbitrator their employment with the Employer.
(5) No employee shall render be laid off or have their hours of work reduced as a decision within 14 days result of the conclusion of the hearingthis Article.
Appears in 1 contract
Sources: Collective Agreement
Work Schedules. (a) This agreement shall establish shift patterns, length Shift patterns and lengths of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of workwork shall be established by mutual agreement.
(b) The Employer shall determine when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services. This provision will not nullify the application of the other Articles of this Agreement.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ employee's representative at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the agreement and the provisions of this article Agreement, including the following:
(1) if If either party Party wishes a change to existing work schedules they it shall provide the other party Party with the earliest possible advance notice in writing;.
(2) if If a change is requested only at the local level, the notice shall be given to the appropriate union Union ▇▇▇▇▇▇▇ or designated employer Employer representative;. If a change is requested which involves more than one (1) worksite, notice shall be given to the President of the Union or designated Employer official.
(3) the parties The Parties shall have 14 ten (10) days, from the date notice is given to reach agreement on work schedules;.
(4) if If the parties Parties are unable to reach agreement within 14 ten (10) days either party Party may refer the matter to an Hours of Work Umpire on the appropriate formarbitration pursuant to Article 9.
(d5) The Employer and the Union shall agree on a list of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreement.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire shall base their decision on work schedule information in the agreement and the criteria to be applied in this section. The Umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement may be considered.
(3) The party Party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(4) In coming to a decision, the Umpire shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement except for the provisions of Clauses 14.2(e)(4) and 14.2(f).
(fd) The parties Parties recognize that in reaching mutual agreement on work schedules, or where the Umpire an arbitration board is determining a schedule in accordance with the provisions of this article clause the following will also applybe met:
(1) work Work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;.
(2) work Work schedule changes, within existing hours of operation, must should not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;Employer.
(3) If the above criteria are satisfied, consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties Parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 days' fourteen (14) days notice, providing the length of workday is not increased beyond nine (9) hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' fourteen (14) days notice may be concurrent with the period of notice in (c)(3Clause 17.2(c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an UmpireArbitrator's decision.
(h1) Either party may grieve an Hours Existing shift patterns are as follows:
(i) five (5) days on/two (2) days off;
(ii) four (4) days on/two (2) days off;
(iii) four (4) days on/three (3) days off.
(2) Starting and finishing times of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(eworkdays shall be established by mutual agreement.
(3) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days A record of the receipt of employee's work schedule shall be maintained at the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearinglocal level.
Appears in 1 contract
Sources: Collective Agreement
Work Schedules.
(a) This agreement shall establish shift patterns, length of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer shall determine when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the agreement and the provisions of this article including the following:
(1) if either party wishes a change to existing work schedules they it shall provide the other party with the earliest possible advance notice in writing;
(2) if a change is requested only at the local level, the notice shall be given to the appropriate union ▇▇▇▇▇▇▇ or designated employer representative. If a change is requested which involves more than one worksite, notice shall be given to the President of the Union or designated employer official;
(3) the parties shall have 14 days, from the date notice is given to reach agreement on work schedules;
(4) if the parties are unable to reach agreement within 14 days either party may refer the matter to an Hours of Work Umpire on the appropriate form.
(d) The Employer and the Union shall agree on a list of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreement.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire shall base their decision on work schedule information in the relevant agreement and the criteria to be applied in this section. The Umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement may be considered.
(3) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(4) In coming to a decision, the Umpire shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement except for the provisions of Clauses 14.2(e)(4) and 14.2(f).
(f) The parties recognize that in reaching mutual agreement on work schedules, or where the Umpire is determining a schedule in accordance with the provisions of this article the following will also apply:
(1) work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2) work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 days' notice, providing the length of workday is not increased beyond nine hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpire's decision.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 - Work Schedules on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
(i) If any of the provisions of this article are in conflict with, or are restricted by, any provision of an agreement, the provisions of this article will apply.
Appears in 1 contract
Sources: Collective Agreement
Work Schedules. (a) This agreement shall establish shift patterns, length of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer shall determine determine, when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services. The Employer agrees to meet with the Union to advise them of their needs thirty (30) days in advance of intended change to the work schedule.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ employees' representative at the local level will establish seasonal work schedules based upon the shift patterns and hours of work clauses in the this agreement and the provisions of this article including the following:
(1) if either party wishes a change to existing seasonal work schedules they it shall provide the other party with the earliest possible advance notice in writing;
(2) if a change is requested only at the local level, the notice shall be given to the appropriate union ▇▇▇▇▇▇▇ or designated employer representative. If a change is requested which involves more than one (1) worksite, notice shall be given to the President of the Union or General Manager;
(3) the parties shall have 14 fourteen (14) days, from the date notice is given to reach agreement on seasonal work schedules;
(4) if the parties are unable to reach agreement within 14 fourteen (14) days either party may refer the matter to an Hours of Work Umpire on the appropriate form.
(d) The Employer umpire, pursuant to Article 8, and the Union shall agree on a list terms of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreementreference within this article.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire umpire shall base their decision on work schedule information in the this agreement and the criteria to be applied in this section. The Umpire umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement may be considered.
(32) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(43) In coming to a decision, the Umpire umpire shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective this agreement except for the provisions of Clauses 14.2(e)(414.2(d)(3) and 14.2(f14.2(e);
(iv) the decision must accord with the agreed upon terms of reference as noted in this agreement.
(fe) The parties recognize that in reaching mutual agreement on seasonal work schedules, or where the Umpire umpire is determining recommending a schedule in accordance with the provisions of this article the following will also apply:
(1) work Work schedules shall meet the hours of operation and shall consider unusual or seasonal seasonable demands and functionally linked work groups within and without the bargaining unit;.
(2) Seasonal work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;.
(3) consideration Consideration shall also be given to employee preferences, fairness and equity.
(1f) In the event there is a dispute between the parties at the local level, the The Employer may implement, on an interim basis, will give fourteen (14) days' notice when implementing a new or changed seasonal work schedule by giving 14 days' notice, providing the length of workday is not increased beyond nine hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' notice may be concurrent with the period of notice in (c)(3) aboveschedule.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpire's decision.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
Appears in 1 contract
Sources: Collective Agreement
Work Schedules. (a) This agreement Component Agreements shall establish shift patterns, length of scheduled workdays work days and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer shall determine determine, pursuant to the appropriate statutory authority, when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The Employer's designate and the union Union ▇▇▇▇▇▇▇ at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the agreement relevant Component Agreement and the provisions of this article including the following:
(1) if either party Party wishes a change to existing work schedules they it shall provide the other party Party with the earliest possible advance notice in writing;writing;
(2) if a change is requested only at the local level, the notice shall be given to the appropriate union Union ▇▇▇▇▇▇▇ or designated employer Employer representative. If a change is requested which involves more than one work site, notice shall be given to the President of the Union or designated Ministry official;
(3) the parties Parties shall have 14 days, from the date notice is given to reach agreement on work schedules;
(4) if the parties Parties are unable to reach agreement within 14 days either party Party may refer the matter to an Hours of Work Umpire on the appropriate form.
(d) The Employer and the Union shall agree on a list of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreementMaster and Component Agreements.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals principals by a further seven days, in which to bring in a decision.
(2) The Umpire shall base their decision on work schedule information in the agreement relevant Component Agreement and the criteria to be applied in this section. The Umpire may consider a work schedule proposed by either partyParty, however only work schedules which are consistent with the agreement relevant Component Agreement may be considered.
(3) The party Party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(4) In coming to a decision, the Umpire shall abide by the following rules:
(i) the decision must not be retroactive;retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement Master or Component Collective Agreements except for the provisions of Clauses 14.2(e)(4) and 14.2(f).
(f) The parties Parties recognize that in reaching mutual agreement on work schedules, or where the Umpire is determining a schedule in accordance with the provisions of this article the following will also apply:
(1) work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2) work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties Parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 days' days notice, providing the length of workday work day is not increased beyond nine hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' days notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpire's decision.decision.
(h) Either party Party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
(i) If any of the provisions of this article are in conflict with, or are restricted by, any provision of a Component Agreement, the provisions of this article will apply.
Appears in 1 contract
Sources: Master Agreement
Work Schedules. (a) This agreement Agreement shall establish shift patterns, patterns and length of scheduled workdays work days and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer shall determine determine, when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ employees' representative at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the agreement this Agreement and the provisions of this article Article including the following:
(1) if either party Party wishes a change to existing work schedules they it shall provide the other party Party with the earliest possible advance notice in writing;
(2) if a change is requested only at the local level, the notice shall be given to the appropriate union Union ▇▇▇▇▇▇▇ or designated employer Employer representative. If a change is requested which involves more than one (1) worksite, notice shall be given to the President of the Union or General Manager;
(3) the parties Parties shall have 14 five (5) days, from the date notice is given to reach agreement Agreement on work schedules;
(4) if the parties Parties are unable to reach agreement Agreement within 14 five (5) days either party Party may refer the matter to an Hours of Work Umpire on the appropriate form.
(d) The Employer expedited arbitration, pursuant to Article 9.6 and the Union shall agree on a list terms of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreementreference within this Article.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire arbitrator shall base their his/her decision on work schedule information in the agreement this Agreement and the criteria to be applied in this section. The Umpire arbitrator may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement may be consideredParty.
(32) The party Party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(43) In coming to a decision, the Umpire arbitrator shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement this Agreement except for the provisions of Clauses 14.2(e)(4Clause 14.2(e);
(iv) and 14.2(f)the decision must accord with the agreed upon terms of reference referred to in Clause 14.2(d)(1) above.
(fe) The parties Parties recognize that in reaching mutual agreement on work schedules, or where the Umpire arbitrator is determining a schedule in accordance with the provisions of this article Article the following will also apply:
(1) work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2) work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties Parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 fourteen (14) days' notice, providing the length of workday work day is not increased beyond nine ten (10) hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpirearbitrator's decision.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
Appears in 1 contract
Sources: Collective Agreement
Work Schedules. (a) This agreement The appropriate Appendices 6, 7 or 8 shall establish shift patterns, length of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer shall determine determine, pursuant to the appropriate statutory authority, when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The Employer's designate and the union Union ▇▇▇▇▇▇▇ at the local level will establish work schedules based upon the shift patterns and hours of work clauses as contained in the agreement appropriate Appendices 6, 7 or 8 of this Agreement and the provisions of this article including the following:
(1) if either party Party wishes a change to existing work schedules they it shall provide the other party Party with the earliest possible advance notice in writing;
(2) if a change is requested requested, the notice shall be given to the appropriate union Union ▇▇▇▇▇▇▇ or designated employer representativeEmployer representative and notice shall be given to the President of the Union or their designate;
(3) the parties Parties shall have 14 days, from the date notice is given to reach agreement on work schedules;
(4) if the parties Parties are unable to reach agreement within 14 days either party Party may refer the matter to an Hours of Work Umpire on the appropriate form.
(d) The Employer and the Union shall agree on a list of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreementdisputes.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals principals by a further seven days, in which to bring in a decision.
(2) The Umpire shall base their decision on work schedule information contained in the agreement appropriate Appendices 6, 7 or 8 and the criteria to be applied in this section. The Umpire may consider a work schedule proposed by either party, Party however only work schedules which are consistent with the agreement appropriate Appendices 6, 7 or 8 may be considered.
(3) The party Party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(4) In coming to a decision, the Umpire shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement this Agreement except for the provisions of Clauses 14.2(e)(4) and 14.2(f).
(f) The parties Parties recognize that in reaching mutual agreement on work schedules, or where the Umpire is determining a schedule in accordance with the provisions of this article the following will also apply:
(1) work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2) work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties Parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 days' ’ notice, providing the length of workday is not increased beyond nine hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' ’ notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpire's decision.
(h) Either party Party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
Appears in 1 contract
Sources: Collective Agreement
Work Schedules. (a) This agreement The appropriate classification series appendix shall establish shift patterns, length of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer shall determine determine, pursuant to the appropriate statutory authority, when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ at the local level will establish work schedules based upon the shift patterns and hours of work clauses articles as contained in the appropriate classification series appendix of this agreement and the provisions of this article including the following:
(1) if either party wishes a change to existing work schedules they it shall provide the other party with the earliest possible advance notice in writing;
(2) if a change is requested requested, the notice shall be given to the appropriate union ▇▇▇▇▇▇▇ or designated employer representativerepresentative and notice shall be given to the President of the Union or their designate;
(3) the parties shall have 14 days, from the date notice is given to reach agreement on work schedules;
(4) if the parties are unable to reach agreement within 14 days either party may refer the matter to an Hours of Work Umpire on the appropriate form.
(d) The Employer and the Union shall agree on a list of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreementdisputes.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire shall base their decision on work schedule information contained in the agreement appropriate classification series appendix and the criteria to be applied in this sectionarticle. The Umpire may consider a work schedule proposed by either party, party however only work schedules which are consistent with the agreement appropriate classification series appendix may be considered.
(3) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(4) In coming to a decision, the Umpire shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective this agreement except for the provisions of Clauses Articles 14.2(e)(4) and 14.2(f).
(f) The parties recognize that in reaching mutual agreement on work schedules, or where the Umpire is determining a schedule in accordance with the provisions of this article the following will also apply:
(1) work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2) work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 days' notice, providing the length of workday is not increased beyond nine hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' notice may be concurrent with the period of notice in (c)(3) aboveArticle 14.2(c)(3).
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpire's decision.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause Article 14.2 on the grounds that the award contravenes the requirements of Clause Article 14.2(e) or Clause Article 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.. (Hours) (Days) (Days) (Days) (Days) (Days) (Percent) 8.25 6:3 22.0 10.2 12.7 44.9 6x6=36 7x6=42 8.9 2.9 73.4 23.9 146.8 47.8 8 2.6 8.5 6:3 28.6 9.9 12.4 50.9 7x6=42 8x6=48 8.9 2.9 75.7 24.7 151.4 49.4 8.3 2.7 8.75 6:3 34.7 9.6 12.0 56.3 8x6=48 9x6=54 8.3 2.3 72.6 20.1 145.2 40.2 8 2.2 9 6:3 40.5 9.3 11.7 61.5 9x6=54 10x6=60 7.5 1.5 67.5 13.5 135 27 7.4 1.5 9.25 6:3 46.0 9.1 11.4 66.5 9x6=54 10x6=60 12.5 6.5 115.6 60.1 231.2 120.2 12.6 6.6 9.5 6:3 51.2 8.8 11.1 71.1 10x6=60 11x6=66 11.1 5.1 105.45 48.45 210.9 96.9 11.5 5.3 10 1:1 -0.2 8.4 10.5 18.7 1x14=14 4.7 47.0 94 5.1 7.5 14:7 -0.1 11.2 14.0 25.1 3x7=21 4.1 30.75 61.5 3.4 7.75 14:7 7.8 10.8 13.5 32.1 4x7=28 4.1 31.8 63.6 3.5 Page 29 Length of Scheduled Workday Shift Pattern Annual Earned Time Off (ETO) Statutory Lieu Days Minimum Annual Vacation Annual Surplus Time Annual Scheduled Time Off Annual Excess Days Worked Annual Excess Hours Worked (AEHW) (2.0) * (AEHW) Scheduled Surplus Differential (2.0 * AEHW * 100)/1827 (Hours) (Days) (Days) (Days) (Days) (Days) (Percent) 8.75 4:2 34.7 9.6 12.00 56.3 12x4=48 13x4=52 8.3 4.3 72.6 37.6 145.2 75.2 7.9 4.1 9 4:2 40.5 9.3 11.7 61.5 13x4=52 14x4=56 15x4=60 9.5 5.5 1.5 85.5 49.5 13.5 171 99 27 9.4 5.4 1.5 9.25 4:2 46.0 9.1 11.4 66.5 14x4=56 15x4=60 16x4=64 10.5 6.5 2.5 97.1 60.1 23.1 194.2 120.2 46.2 10.6 6.6 2.5 9.5 4:2 51.2 8.8 11.1 71.1 15x4=60 16x4=64 17x4=68 11.1 7.1 3.1 105.45 67.45 29.45 210.90 134.90 58.9 11.5 7.4 3.2 7.5 6:3 -0.1 11.2 14.0 25.1 3x6=18 4x6=24 7.1 1.1 53.25 8.25 106.5 16.5 5.8 .9 7.75 6:3 7.8 10.8 13.5 32.1 4x6=24 5x6=30 8.1 2.1 62.8 16.3 125.6 32.3 6.9 1.8 8 6:3 15.3 10.5 13.1 38.9 5x6=30 6x6=36 8.9 2.9 71.2 23.2 142.4 46.4 7.8 2.5 Page 30 Length of Scheduled Workday Shift Pattern Annual Earned Time Off (ETO) Statutory Lieu Days Minimum Annual Vacation Annual Surplus Time Annual Scheduled Time Off Annual Excess Days Worked Annual Excess Hours Worked (AEHW) (2.0) * (AEHW) Scheduled Surplus Differential (2.0 * AEHW * 100)/1827 (Hours) (Days) (Days) (Days) (Days) (Days) (Percent) 7.5 4:2 -0.1 11.2 14.0 25.1 5x4=20 6x4=24 5.1 1.1 38.25 8.25 76.5 16.5 4.2 .9 7.75 4:2 7.8 10.8 13.5 32.1 6x4=24 7x4=28 8.1 4.1 62.8 31.8 125.6 63.6 6.9 3.5 8 4:2 15.3 10.5 13.1 38.9 7x4=28 8x4=32 9x4=36 10.9 6.9 2.9 87.2 55.2 23.2 174.4 110.4 46.4 9.6 6.0 2.5 8.25 4:2 22.0 10.2 12.7 44.9 9x4=36 10x4=40 11x4=44 8.9 4.9 .9 73.4 40.4 7.4 146.8 80.8 14.8 8 4.4 .8 8.5 4:2 28.6 9.9 12.4 50.9 10x4=40 11x4=44 12x4=48 10.9 6.9 2.9 92.7 58.7 24.7 185.4 117.4 49.4 10.1 6.4 2.7 8 14:7 15.3 10.5 13.1 38.9 4x7=28 5x7=35 10.9 3.9 87.2 31.2 174.4 62.4 9.6 3.4 8.25 14:7 22.0 10.2 12.7 44.9 5x7=35 6x7=42 9.9 2.9 81.7 23.9 163.4 47.8 8.9 2.6 Page 31 Length of Scheduled Workday Shift Pattern Annual Earned Time Off (ETO) Statutory Lieu Days Minimum Annual Vacation Annual Surplus Time Annual Scheduled Time Off Annual Excess Days Worked Annual Excess Hours Worked (AEHW) (2.0) * (AEHW) Scheduled Surplus Differential (2.0 * AEHW * 100)/1827 (Hours) (Days) (Days) (Days) (Days) (Days) (Percent) 8.5 14:7 28.6 9.9 12.4 50.9 6x7=42 7x7=49 8.9 1.9 75.7 16.2 151.4 32.4 8.3 1.8 8.75 14:7 34.7 9.6 12.0 56.3 7x7=49 7.3 63.9 127.8 7.0 9 14:7 40.5 9.3 11.7 61.5 8x7=56 5.5 49.5 99 5.4 9.25 14:7 46.0 9.1 11.4 66.5 8x7=56 9x7=63 10.5 3.5 97.1 32.4 194.2 64.8 10.6 3.6 9.5 14:7 51.2 8.8 11.1 71.1 9x7=63 10x7=70 8.1 1.1 76.9 10.5 153.8 21 8.4 1.2 12 14:14 30.3 7 8.8 46.1 2x14=28 3x14=42 18.1 4.1 217.2 49.2 434.4 98.4 23.8 5.4 12 15:15 30.3 7 8.8 46.1 2x15=30 3x15=45 16.1 1.1 193.2 13.2 386.4 26.4 21.2 1.5 9.5 7:7 -9.8 8.84 11.05 10.09 1x7=7 3.09 29.35 58.71 3.21
Appears in 1 contract
Sources: Collective Agreement
Work Schedules. (a) This agreement Agreement shall establish shift patterns, length of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer shall determine determine, when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services. The Employer agrees to meet with the Union to advise them of their needs thirty (30) days in advance of intended change to the work schedule.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ employees' representative at the local level will establish seasonal work schedules based upon the shift patterns and hours of work clauses in the agreement this Agreement and the provisions of this article Article including the following:
(1) if either party Party wishes a change to existing seasonal work schedules they it shall provide the other party Party with the earliest possible advance notice in writing;
(2) if a change is requested only at the local level, the notice shall be given to the appropriate union Union ▇▇▇▇▇▇▇ or designated employer Employer representative. If a change is requested which involves more than one (1) work site, notice shall be given to the President of the Union or General Manager;
(3) the parties Parties shall have 14 fourteen (14) days, from the date notice is given to reach agreement on seasonal work schedules;
(4) if the parties Parties are unable to reach agreement within 14 fourteen (14) days either party Party may refer the matter to an Hours of Work Umpire on the appropriate form.
(d) The Employer umpire, pursuant to Article 8, and the Union shall agree on a list terms of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreementreference within this Article.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire umpire shall base their his/her decision on work schedule information in the agreement this Agreement and the criteria to be applied in this section. The Umpire umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement may be consideredParty.
(32) The party Party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(43) In coming to a decision, the Umpire umpire shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement this Agreement except for the provisions of Clauses 14.2(e)(414.2(d)(3) and 14.2(f14.2(e);
(iv) the decision must accord with the agreed upon terms of reference as noted in this Agreement.
(fe) The parties Parties recognize that in reaching mutual agreement on seasonal work schedules, or where the Umpire umpire is determining recommending a schedule in accordance with the provisions of this article Article the following will also apply:
(1) work Work schedules shall meet the hours of operation and shall consider unusual or seasonal seasonable demands and functionally linked work groups within and without the bargaining unit;
(2) Seasonal work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;
(3) consideration Consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties Parties at the local level, the Employer may implement, on an interim basis, a new or changed seasonal work schedule by giving 14 fourteen (14) days' notice, providing the length of workday work day is not increased beyond nine (9) hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 fourteen (14) days' notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or until an Umpireumpire's decisionrecommendation to the Joint Labour/Management Committee.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
Appears in 1 contract
Sources: Collective Agreement
Work Schedules. (a) This agreement article shall establish shift patterns, length of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer shall determine determine, pursuant to the appropriate statutory authority, when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the agreement and the provisions of this article Agreement including the following:
(1) if If either party wishes a change to existing work schedules they it shall provide the other party with the earliest possible advance notice in writing;
(2) if If a change is requested only at the local level, the notice shall be given to the appropriate union ▇▇▇▇▇▇▇ or designated employer representative. If a change is requested which involves more than one worksite, notice shall be given to the President of the Union, or their designate, or designated employer official;
(3) the The parties shall have 14 days, from the date notice is given to reach agreement on work schedules;
(4) if If the parties are unable to reach agreement within 14 days either party may refer the matter to an Hours of Work Umpire on the appropriate formgrievance and arbitration procedures pursuant to Articles 8 and 9.
(d) The Employer and the Union shall agree on a list of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes shall be resolved in accordance with the provisions of the agreementthis Agreement.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire shall base their decision on work schedule information in the agreement and the criteria to be applied in this section. The Umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement may be considered.
(3) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(4) In coming to a decision, the Umpire shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement except for the provisions of Clauses 14.2(e)(4) and 14.2(f).
(fe) The parties recognize that in reaching mutual agreement on work schedules, or where the Umpire is determining a schedule in accordance with the provisions of this article the following will also apply:
(1) work Work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2) work Work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the publicservice. The onus of proof shall be on the Employer to prove decreased cost;
(3) consideration Consideration shall also be given to employee preferences, fairness and equity.
(f) Work schedules for all employees will be guided by the provision of (1), (2) and (3) below except as otherwise provided.
(1) In The annual work schedule shall consist of either four or five consecutive days in each week so that the event there total regular hours of work, exclusive of meal periods, is 35, providing that within a dispute between the parties at the local levelseven-day period, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 days' notice, providing the length scheduled days shall be of workday is not increased beyond nine hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' notice may be concurrent with the period of notice in (c)(3) aboveequal length.
(2) Where The annual work schedules drawn from Appendix 4 may incorporate shift patterns using multiples of the proposed change is within existing hours ratios listed in Appendix 4, provided that the number of operation, no change shall be made without mutual agreement or an Umpire's decisionconsecutive days worked does not exceed 14.
(h3) Either party Annual work schedules may grieve incorporate "seasonal periods". The seasonal periods shall not exceed a total of six months. Both the seasonal and non-seasonal parts of the schedule shall be drawn from Appendix 4 and may incorporate shift patterns using multiples of the ratios in Appendix 4, provided that the number of consecutive days worked does not exceed 14. For the purpose of this Agreement, the term "seasonal period" shall be considered to be the traditional seasonal period of increased activity for the employees involved.
(1) A divisional field crew shall mean any employee or group of employees who are on assignment at a location so far removed from their respective headquarters that overnight accommodation is required and who are carrying out a project of an Hours expected or actual duration of Work Umpire decision made over 14 days.
(2) A divisional field crew shall be scheduled for a seven hour workday, exclusive of meal period, and up to a maximum of 10 days without a day of rest. Notwithstanding the foregoing, a divisional field crew may by majority decision, work at its discretion up to 10 hours per day to complete daily assignments. Such time shall be considered as regular working time. Any regular working time within the foregoing limits which is in excess of 140 hours in a 28-day period shall, for record-keeping purposes pursuant to Clause 14.2 on the grounds that provisions of this clause, be defined as surplus time. For periods of less than 28 days, the award contravenes calculation shall be prorated accordingly. Any surplus time thus accumulated by any employee shall be recorded and banked, and taken in equivalent time off. Such time off shall be scheduled by mutual agreement at the requirements of Clause 14.2(elocal level pursuant to (3) or Clause 14.2(f)(4) below. The grievance For auxiliary employees, any uncompensated surplus hours will be adjusted in cash.
(3) Banked time may be filed utilized by mutual agreement, on a crew basis, for a mid-season or project break. Any unused days shall be carried over to a mutually agreed upon Hours the non-seasonal part of Work Arbitrator within 14 the annual schedule.
(4) For each 28 days worked, the employee shall earn eight days of rest. These shall be recorded and banked, and any days off in the receipt 28-day cycle shall be deducted there from. For the purpose of carrying forward to the non-seasonal part of the Umpire's awardworking year, any such days which are not used, shall be considered as being seven hours each. The Hours of Work Arbitrator shall render a decision within 14 Where by mutual agreement between the employee and their supervisor, more days of rest are arranged than can be covered by the conclusion above-mentioned days of rest, such additional days may be granted and the working time so missed shall be deducted from the employee's surplus time in the amount of the hearingnumber of hours per day called for in the schedule applicable at that time.
(5) Notwithstanding any other compensation, time worked in excess of 10 days continuously without a day of rest shall be compensated at double-time rate and be subject to Clause 16.9 of the Agreement. Time worked in excess of 10 hours per day shall be compensated at the applicable overtime rates.
Appears in 1 contract
Sources: Collective Agreement
Work Schedules. (a) This agreement Agreement shall establish shift patterns, length of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer shall determine determine, when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ employee's representative at the local level will establish seasonal work schedules based upon the shift patterns and hours of work clauses in the agreement this Agreement and the provisions of this article Article including the following:
(1) if either party wishes a change to existing seasonal work schedules they it shall provide the other party with the earliest possible advance notice in writing;
(2) if a change is requested only at the local level, the notice shall be given to the appropriate union ▇▇▇▇▇▇▇ or designated employer representative. If a change is requested which involves more than one (1) worksite, notice shall be given to the President of the Union or General Manager;
(3) the parties shall have 14 fourteen (14) days, from the date notice is given to reach agreement on seasonal work schedules;
(4) if the parties are unable to reach agreement within 14 fourteen (14) days either party may refer the matter to an Hours of Work Umpire on the appropriate form.
(d) The Employer umpire, pursuant to Article 8, and the Union shall agree on a list terms of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreementreference within this Article.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire umpire shall base their his/her decision on work schedule information in the agreement this Agreement and the criteria to be applied in this section. The Umpire umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement may be considered.
(32) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(43) In coming to a decision, the Umpire umpire shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement this Agreement except for the provisions of Clauses 14.2(e)(414.2(d)(3) and 14.2(f14.2(e);
(iv) the decision must accord with the agreed upon terms of reference as noted in this Agreement.
(fe) The parties recognize that in reaching mutual agreement on seasonal work schedules, or where the Umpire umpire is determining recommending a schedule in accordance with the provisions of this article Article the following will also apply:
(1) work schedules shall meet the hours of operation and shall consider unusual or seasonal seasonable demands and functionally linked work groups within and without the bargaining unit;
(2) seasonal work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties at the local level, the Employer may implement, on an interim basis, a new or changed seasonal work schedule by giving 14 days' fourteen (14) days notice, providing the length of workday is not increased beyond nine (9) hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' fourteen (14) days notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or until an Umpireumpire's decisionrecommendation to the Joint Labour/Management Committee.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
Appears in 1 contract
Sources: Collective Agreement
Work Schedules.
(a) This agreement shall establish shift patterns, length Shift patterns and lengths of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of workwork shall be established by mutual agreement.
(b) The Employer shall determine when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services. This provision will not nullify the application of the other articles of this Agreement.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ employee's representative at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the agreement and the provisions of this article Agreement, including the following:
(1) if If either party wishes a change to existing work schedules they it shall provide the other party with the earliest possible advance notice in writing;.
(2) if If a change is requested only at the local level, the notice shall be given to the appropriate union ▇▇▇▇▇▇▇ or designated employer representative;. If a change is requested which involves more than one (1) worksite, notice shall be given to the President of the Union or designated employer official.
(3) the The parties shall have 14 fourteen (14) days, from the date notice is given to reach agreement on work schedules;.
(4) if If the parties are unable to reach agreement within 14 fourteen (14) days either party may refer the matter to an Hours of Work Umpire on the appropriate formarbitration pursuant to Article 9.
(d) The Employer and the Union shall agree on a list of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreement.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire shall base their decision on work schedule information in the agreement and the criteria to be applied in this section. The Umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement may be considered.
(35) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(4) In coming to a decision, the Umpire shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement except for the provisions of Clauses 14.2(e)(4) and 14.2(f).
(fd) The parties recognize that in reaching mutual agreement on work schedules, or where the Umpire an arbitration board is determining a schedule in accordance with the provisions of this article clause the following will also applybe met:
(1) work Work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;.
(2) work Work schedule changes, within existing hours of operation, must should not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;Employer.
(3) If the above criteria are satisfied, consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 days' fourteen (14) days notice, providing the length of workday is not increased beyond nine (9) hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 fourteen (14) days' notice may be concurrent with the period of notice in (c)(3Clause 14.2(c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpirearbitrator's decision.
(h1) Either party may grieve an Hours Existing shift patterns are as follows:
(i) five (5) days on/two (2) days off;
(ii) four (4) days on/two (2) days off;
(iii) four (4) days on/three (3) days off.
(2) Starting and finishing times of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(eworkdays shall be established by mutual agreement.
(3) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days A record of the receipt of employee's work schedule shall be maintained at the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearinglocal level.
Appears in 1 contract
Sources: Collective Agreement
Work Schedules.
(a) This agreement Component agreements shall establish shift patterns, length of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer shall determine determine, pursuant to the appropriate statutory authority, when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the relevant component agreement and the provisions of this article including the following:
(1) if either party wishes a change to existing work schedules they it shall provide the other party with the earliest possible advance notice in writing;
(2) if a change is requested only at the local level, the notice shall be given to the appropriate union ▇▇▇▇▇▇▇ or designated employer representative. If a change is requested which involves more than one worksite, notice shall be given to the President of the Union or designated ministry official;
(3) the parties shall have 14 days, from the date notice is given to reach agreement on work schedules;
(4) if the parties are unable to reach agreement within 14 days either party may refer the matter to an Hours of Work Umpire on the appropriate formform through the Union or the BC Public Service Agency.
(d) The Employer and the Union shall agree on a list of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreement.Work
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals principals by a further seven days, in which to bring in a decision.
(2) The Umpire shall base their decision on work schedule information in the agreement relevant Component Agreement and the criteria to be applied in this section. The Umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement relevant Component Agreement may be considered.
(3) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(4) In coming to a decision, the Umpire shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the Master or Component collective agreement agreements except for the provisions of Clauses 14.2(e)(4) and 14.2(f).
(f) The parties recognize that in reaching mutual agreement on work schedules, or where the Umpire is determining a schedule in accordance with the provisions of this article the following will also apply:
(1) work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2) work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 days' notice, providing the length of workday is not increased beyond nine hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpireumpire's decision.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
Appears in 1 contract
Sources: Master Agreement
Work Schedules.
(a) This agreement Agreement shall establish shift patterns, length of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer shall determine when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The Employeremployer's designate and the union ▇▇▇▇▇▇▇ at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the agreement Agreement and the provisions of this article including the following:
(1) if either party wishes a change to existing work schedules they it shall provide the other party with the earliest possible advance notice in writing;
(2) if a change is requested only at the local level, the notice shall be given to the appropriate union ▇▇▇▇▇▇▇ or designated employer representative. If a change is requested which involves more than one worksite, notice shall be given to the President of the Union or designated employer official;
(3) the parties shall have 14 days, from the date notice is given to reach agreement on work schedules;
(4) if the parties are unable to reach agreement within 14 days either party may refer the matter to an Hours of Work Umpire on the appropriate form.
(d) The Employer and the Union shall agree on a list of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreementAgreement.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals principals by a further seven days, in which to bring in a decision.
(2) The Umpire shall base their decision on work schedule information in the agreement relevant Agreement and the criteria to be applied in this section. The Umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement Agreement may be considered.
(3) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(4) In coming to a decision, the Umpire shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement Agreement except for the provisions of Clauses 14.2(e)(4) and 14.2(f).
(f) The parties recognize that in reaching mutual agreement on work schedules, or where the Umpire is determining a schedule in accordance with the provisions of this article the following will also apply:
(1) work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2) work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 days' days notice, providing the length of workday is not increased beyond nine hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' days notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpire's decision.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 — Work Schedules on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
(i) If any of the provisions of this article are in conflict with, or are restricted by, any provision of an agreement, the provisions of this article will apply.
Appears in 1 contract
Sources: Collective Agreement
Work Schedules. (a) This agreement Agreement shall establish shift patterns, length of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer shall determine determine, pursuant to the appropriate statutory authority, when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ at the local level will establish work schedules based upon the shift patterns and hours of work clauses articles in the agreement this Agreement and the provisions of this article including the following:
(1) if either party wishes a change to existing work schedules they it shall provide the other party with the earliest possible advance notice in writing;
(2) if a change is requested only at the local level, the notice shall be given to the appropriate union ▇▇▇▇▇▇▇ or designated employer representative. If a change is requested which involves more than one worksite, notice shall be given to the President of the Union or designated employer representative;
(3) the parties shall have 14 days, from the date notice is given to reach agreement on work schedules;
(4) if the parties are unable to reach agreement within 14 days either party may refer the matter to an grievance, pursuant to Article 8, to ▇▇▇▇▇ ▇▇▇▇▇▇▇▇, the designated Hours of Work Umpire on the appropriate form.
(d) The Employer and the Union shall agree on Arbitrator, or a list of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreementmutually agreed alternate.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire shall base their decision on work schedule information in the agreement and the criteria to be applied in this section. The Umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement may be considered.
(3) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(42) In coming to a decision, the Umpire arbitrator shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement except for the provisions of Clauses 14.2(e)(4Articles 15.2(d) (2) and 14.2(f15.2(e).
(fe) The parties recognize that in reaching mutual agreement on work schedules, or where the Umpire is determining a schedule in accordance with the provisions of this article schedules the following will also apply:
(1) work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without outside of the bargaining unit;
(2) work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) Unless mutually agreed between the Union and the Employer, the regular shift in any schedule shall not exceed ten hours, exclusive of meal periods.
(2) Except for part-time employees, the minimum scheduled shift, exclusive of meal periods, shall be seven hours.
(3) The maximum number of consecutive days worked without a day of rest shall not exceed 14 days.
(4) Regular hours worked shall not exceed seventy hours in a 14 day averaging period or by mutual agreement, 140 hours in a 28 day averaging period.
(5) The averaging periods in (4) do no preclude the introduction through mutual agreement of a seasonal flextime arrangement where up to the number of hours contained in one averaging period may be accumulated as surplus during the seasonal period to be taken as time off during the non-seasonal period. The accumulation and scheduling of surplus time is by mutual agreement.
(1) In the event there is a dispute between the parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 days' days notice, providing the length of workday is not increased beyond nine hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' days notice may be concurrent with the period of notice in (c)(3Article 15.2(c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpirearbitrator's decision.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
Appears in 1 contract
Sources: Collective Agreement
Work Schedules. The Employer shall include the hours of work as follows:
(a) This agreement Before posting a schedule, the Employer shall establish shift patterns, length of scheduled workdays and, where appropriate, averaging periods to meet consult as much as possible with the annual hours of work.regular employees;
(b) The Employer Schedules shall determine when various services are provided be posted at least fourteen (hours 14) days before the commencement of operation), the classifications of positions and the numbers of employees required to provide the services.next shift rotation;
(c) The Employer's designate Schedules, once posted, shall not be changed except by written mutual agreement between the Employer and the union ▇▇▇▇▇▇▇ at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the agreement and the provisions of this article including the following:
(1) if either party wishes a change to existing work schedules they shall provide the other party with the earliest possible advance notice in writingregular employee(s);
(2) if a change is requested the notice shall be given to the appropriate union ▇▇▇▇▇▇▇ or designated employer representative;
(3) the parties shall have 14 days, from the date notice is given to reach agreement on work schedules;
(4) if the parties are unable to reach agreement within 14 days either party may refer the matter to an Hours of Work Umpire on the appropriate form.
(d) The A shift, for the purpose of this Article, shall be defined as seven (7) working hours in any eight (8) hour period a shift for the purpose of this Article shall be defined as seven (7) hours, eight (8) hours, twelve (12) hours, or any other mutually agreed to number of hours to by the Employer and the Union shall agree Union, depending on a list of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreement.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire shall base their decision on work schedule information in the agreement and the criteria to be applied in this section. The Umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement may be considered.
(3) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(4) In coming to a decision, the Umpire shall abide by the following rules:
(i) the decision must not be retroactiveprogram;
(iie) the hours of work The Employer shall schedule awarded shall not contain scheduled overtimein a manner that will allow full-time employees to have as many weekends off as possible;
(iii) the decision must not interpret the collective agreement except for the provisions of Clauses 14.2(e)(4) and 14.2(f).
(f) In the event that there is a dispute between the Parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving fourteen (14) days’ notice, providing the length of workday is not increased beyond eight (8) hours, and providing the change is necessary because of an introduction of a new program or a change to the hours of operation;
(g) Any dispute over hours of work or scheduling may be referred by the Union to arbitration. Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an arbitrator’s award;
(h) The parties recognize that Parties recognise that, in reaching mutual agreement on work schedules, or where the Umpire arbitrator or arbitration board is determining a schedule in accordance with the provisions of this article Article, the following will also applybe met:
(1) work Work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2) work Work schedule changes, within existing hours of operation, must should not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased costEmployer;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 days' notice, providing the length of workday is not increased beyond nine hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpire's decision.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
Appears in 1 contract
Sources: Collective Agreement
Work Schedules.
(a) This agreement shall establish shift patterns, length Shift patterns and lengths of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of workwork shall be established by mutual agreement.
(b) The Employer shall determine when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services. This provision will not nullify the application of the other articles of this Agreement.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ employee's representative at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the agreement and the provisions of this article Agreement, including the following:
(1) if If either party wishes a change to existing work schedules they it shall provide the other party with the earliest possible advance notice in writing;.
(2) if If a change is requested only at the local level, the notice shall be given to the appropriate union ▇▇▇▇▇▇▇ or designated employer representative;. If a change is requested which involves more than one (1) worksite, notice shall be given to the President of the Union or designated employer official.
(3) the The parties shall have 14 ten (10) days, from the date notice is given to reach agreement on work schedules;.
(4) if If the parties are unable to reach agreement within 14 ten (10) days either party may refer the matter to an Hours of Work Umpire on the appropriate formarbitration pursuant to Article 9.
(d) The Employer and the Union shall agree on a list of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreement.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire shall base their decision on work schedule information in the agreement and the criteria to be applied in this section. The Umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement may be considered.
(35) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(4) In coming to a decision, the Umpire shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement except for the provisions of Clauses 14.2(e)(4) and 14.2(f).
(fd) The parties recognize that in reaching mutual agreement on work schedules, or where the Umpire an arbitration board is determining a schedule in accordance with the provisions of this article clause the following will also applybe met:
(1) work Work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;.
(2) work Work schedule changes, within existing hours of operation, must should not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;Employer.
(3) If the above criteria are satisfied, consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 days' fourteen (14) days notice, providing the length of workday is not increased beyond nine (9) hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' fourteen (14) days notice may be concurrent with the period of notice in (c)(3Clause 17.2(c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpirearbitrator's decision.
(h1) Either party may grieve an Hours Existing shift patterns are as follows:
(i) five (5) days on/two (2) days off;
(ii) four (4) days on/two (2) days off;
(iii) four (4) days on/three (3) days off.
(2) Starting and finishing times of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(eworkdays shall be established by mutual agreement.
(3) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days A record of the receipt of employee's work schedule shall be maintained at the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearinglocal level.
Appears in 1 contract
Sources: Collective Agreement
Work Schedules.
(a) This agreement shall article will establish shift patterns, length of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer Commission shall determine determine, pursuant to the appropriate statutory authority, when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The EmployerCommission's designate and the union ▇▇▇▇▇▇▇ at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the this agreement and the provisions of this article including the following:
(1) if either party wishes a change to existing work schedules they it shall provide the other party with the earliest possible advance notice in writing;
(2) if a change is requested only at the local level, the notice shall be given to the appropriate union ▇▇▇▇▇▇▇ or designated employer Commission representative. If a change is requested which involves more than one worksite, notice shall be given to the President of the Union or designated Commission official;
(3) the parties shall have 14 days, from the date notice is given to reach agreement on work schedules;
(4) if the parties are unable to reach agreement within 14 days either party may refer the matter to an Hours of Work Umpire on the appropriate formgrievance and arbitration procedure pursuant to Articles 8 and 9.
(d) The Employer Commission and the Union shall agree on a list of persons designated as "Hours of Work Umpires" who shall resolve that hours of work disputes shall be resolved in accordance with the provisions of the collective agreement.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire shall base their decision on work schedule information in the agreement and the criteria to be applied in this section. The Umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement may be considered.
(3) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(42) In coming to a decision, the Umpire parties shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement agreements except for the provisions of Clauses 14.2(e)(415.2(d) and 14.2(f15.2(e).
(fe) The parties recognize that in reaching mutual agreement on work schedules, or where the Umpire is determining a schedule in accordance with the provisions of this article the following will also apply:
(1) work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2) work schedule changes, within existing hours of operation, must not result in increased cost to the Employer Commission and where possible shall result in decreased cost to the Employer Commission and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer Commission to prove decreased cost;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties at the local level, the Employer Commission may implement, on an interim basis, a new or changed work schedule by giving 14 days' ’ notice, providing the length of workday is not increased beyond nine hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' ’ notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpire's decisionagreement.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
Appears in 1 contract
Sources: Collective Agreement
Work Schedules.
(a) This agreement article shall establish shift patterns, length of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer shall determine determine, pursuant to the appropriate statutory authority, when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the this agreement and the provisions of this article including the following:
(1) if either party wishes a change to existing work schedules they it shall provide the other party with the earliest possible advance notice in writing;
(2) if a change is requested only at the local level, the notice shall be given to the appropriate union ▇▇▇▇▇▇▇ or designated employer representative. If a change is requested which involves more than one worksite, notice shall be given to the President of the Union or designated employer official;
(3) the parties shall have 14 days, from the date notice is given to reach agreement on work schedules;
(4) if the parties are unable to reach agreement within 14 days either party may refer the matter to an Hours the grievance and arbitration procedures in Articles 8 and 9 of Work Umpire on the appropriate formthis agreement.
(d) The Employer and the Union shall agree on a list of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes shall be resolved in accordance with the provisions of the this agreement.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire shall base their decision on work schedule information in the agreement and the criteria to be applied in this section. The Umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement may be considered.
(3e) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(41) In coming to a decision, the Umpire parties shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement except for the provisions of Clauses 14.2(e)(414.2(c)(4) and 14.2(f).
(f) The parties recognize that in reaching mutual agreement on work schedules, or where the Umpire is determining a schedule in accordance with the provisions of this article the following will also apply:
(1) work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2) work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the publicservice. The onus of proof shall be on the Employer to prove decreased cost;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 days' notice, providing the length of workday is not increased beyond nine hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpireumpire's decision.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
Appears in 1 contract
Sources: Collective Agreement
Work Schedules. (a) This agreement Agreement shall establish shift patterns, length of scheduled workdays work days and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer shall determine determine, when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ employee's representative at the local level will establish seasonal work schedules based upon the shift patterns and hours of work clauses in the agreement this Agreement and the provisions of this article Article including the following:
(1) if either party Party wishes a change to existing seasonal work schedules they it shall provide the other party Party with the earliest possible advance notice in writing;
(2) if a change is requested only at the local level, the notice shall be given to the appropriate union Union ▇▇▇▇▇▇▇ or designated employer Employer representative. If a change is requested which involves more than one (1) work site, notice shall be given to the President of the Union or General Manager;
(3) the parties Parties shall have 14 fourteen (14) days, from the date notice is given to reach agreement on seasonal work schedules;
(4) if the parties Parties are unable to reach agreement within 14 fourteen (14) days either party Party may refer the matter to an Hours of Work Umpire on the appropriate form.
(d) The Employer umpire, pursuant to Article 8, and the Union shall agree on a list terms of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreementreference within this Article.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire umpire shall base their his/her decision on work schedule information in the agreement this Agreement and the criteria to be applied in this section. The Umpire umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement may be consideredParty.
(32) The party Party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(43) In coming to a decision, the Umpire umpire shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement this Agreement except for the provisions of Clauses 14.2(e)(414.2(d)(3) and 14.2(f14.2(e);
(iv) the decision must accord with the agreed upon terms of reference as noted in this Agreement.
(fe) The parties Parties recognize that in reaching mutual agreement on seasonal work schedules, or where the Umpire umpire is determining recommending a schedule in accordance with the provisions of this article Article the following will also apply:
(1) work schedules shall meet the hours of operation and shall consider unusual or seasonal seasonable demands and functionally linked work groups within and without the bargaining unit;
(2) seasonal work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties Parties at the local level, the Employer may implement, on an interim basis, a new or changed seasonal work schedule by giving 14 days' fourteen (14) days notice, providing the length of workday work day is not increased beyond nine (9) hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' fourteen (14) days notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or until an Umpireumpire's decisionrecommendation to the Joint Labour/Management Committee.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
Appears in 1 contract
Sources: Collective Agreement
Work Schedules. (a) This agreement Component agreements shall establish shift patterns, length of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer shall determine determine, pursuant to the appropriate statutory authority, when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the relevant component agreement and the provisions of this article including the following:
(1) if either party wishes a change to existing work schedules they it shall provide the other party with the earliest possible advance notice in writing;
(2) if a change is requested only at the local level, the notice shall be given to the appropriate union ▇▇▇▇▇▇▇ or designated employer representative. If a change is requested which involves more than one worksite, notice shall be given to the President of the Union or designated ministry official;
(3) the parties shall have 14 days, from the date notice is given to reach agreement on work schedules;
(4) if the parties are unable to reach agreement within 14 days either party may refer the matter to an Hours of Work Umpire on the appropriate formform through the Union or the BC Public Service Agency.
(d) The Employer and the Union shall agree on a list of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreementMain and component agreements.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire shall base their decision on work schedule information in the relevant component agreement and the criteria to be applied in this section. The Umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the relevant component agreement may be considered.
(3) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(4) In coming to a decision, the Umpire shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the Main or Component collective agreement agreements except for the provisions of Clauses 14.2(e)(4) and 14.2(f).
(f) The parties recognize that in reaching mutual agreement on work schedules, or where the Umpire is determining a schedule in accordance with the provisions of this article the following will also apply:
(1) work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2) work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 days' notice, providing the length of workday is not increased beyond nine hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpireumpire's decision.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
Appears in 1 contract
Sources: Public Service Agreement
Work Schedules. (a) This agreement article shall establish shift patterns, length of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer shall determine determine, pursuant to the appropriate statutory authority, when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the this agreement and the provisions of this article including the following:
(1) if If either party wishes a change to existing work schedules they it shall provide the other party with the earliest possible advance notice in writing;
(2) if If a change is requested only at the local level, the notice shall be given to the appropriate union ▇▇▇▇▇▇▇ or designated employer representative. If a change is requested which involves more than one worksite, notice shall be given to the President of the Union, or their designate, or designated employer official;
(3) the The parties shall have 14 days, from the date notice is given to reach agreement on work schedules;
(4) if If the parties are unable to reach agreement within 14 days either party may refer the matter to an Hours of Work Umpire on the appropriate formgrievance and arbitration procedures pursuant to Articles 8 and 9.
(d) The Employer and the Union shall agree on a list of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes shall be resolved in accordance with the provisions of the this agreement.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire shall base their decision on work schedule information in the agreement and the criteria to be applied in this section. The Umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement may be considered.
(3) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(4) In coming to a decision, the Umpire shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement except for the provisions of Clauses 14.2(e)(4) and 14.2(f).
(fe) The parties recognize that in reaching mutual agreement on work schedules, or where the Umpire is determining a schedule in accordance with the provisions of this article the following will also apply:
(1) work Work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2) work Work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the publicservice. The onus of proof shall be on the Employer to prove decreased cost;
(3) consideration Consideration shall also be given to employee preferences, fairness and equity.
(f) Work schedules for all employees will be guided by the provision of (1), (2) and (3) below except as otherwise provided.
(1) In The annual work schedule shall consist of either four or five consecutive days in each week so that the event there total regular hours of work, exclusive of meal periods, is 35, providing that within a dispute between the parties at the local levelseven-day period, the Employer scheduled days shall be of equal length. Except as otherwise provided, the standard workweek for employees formerly covered by the Administrative Services Component agreement shall consist of five consecutive days from Monday to Friday, inclusive, and the workday shall be seven hours duration, exclusive of meal periods, and these hours shall be scheduled between 8:00 a.m. and 5:00 p.m.
(2) The annual work schedules drawn from Appendix 4 may implementincorporate shift patterns using multiples of the ratios listed in Appendix 4, provided that the number of consecutive days worked does not exceed 14.
(3) Annual work schedules may incorporate "seasonal periods". The seasonal periods shall not exceed a total of six months. Both the seasonal and non-seasonal parts of the schedule shall be drawn from Appendix 4 and may incorporate shift patterns using multiples of the ratios in Appendix 4, provided that the number of consecutive days worked does not exceed 14. For the purpose of this agreement, the term "seasonal period" shall be considered to be the traditional seasonal period of increased activity for the employees involved.
(1) A divisional field crew shall mean any employee or group of employees who are on assignment at a location so far removed from their respective headquarters that overnight accommodation is required and who are carrying out a project of an interim basis, a new expected or changed work schedule by giving actual duration of over 14 days' notice, providing the length of workday is not increased beyond nine hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change A divisional field crew shall be made scheduled for a seven hour workday, exclusive of meal period, and up to a maximum of 10 days without a day of rest. Notwithstanding the foregoing, a divisional field crew may by majority decision, work at its discretion up to 10 hours per day to complete daily assignments. Such time shall be considered as regular working time. Any regular working time within the foregoing limits which is in excess of 140 hours in a 28-day period shall, for record-keeping purposes pursuant to the provisions of this clause, be defined as surplus time. For periods of less than 28 days, the calculation shall be prorated accordingly. Any surplus time thus accumulated by any employee shall be recorded and banked, and taken in equivalent time off. Such time off shall be scheduled by mutual agreement at the local level pursuant to (3) or an Umpire's decision(4) below. For auxiliary employees, any uncompensated surplus hours will be adjusted in cash.
(h3) Either party Banked time may grieve an Hours be utilized by mutual agreement, on a crew basis, for a mid-season or project break. Any unused days shall be carried over to the non-seasonal part of Work Umpire decision made pursuant the annual schedule.
(4) For each 28 days worked, the employee shall earn eight days of rest. These shall be recorded and banked, and any days off in the 28-day cycle shall be deducted there from. For the purpose of carrying forward to the non-seasonal part of the working year, any such days which are not used, shall be considered as being seven hours each. Where by mutual agreement between the employee and their supervisor, more days of rest are arranged than can be covered by the above-mentioned days of rest, such additional days may be granted and the working time so missed shall be deducted from the employee's surplus time in the amount of the number of hours per day called for in the schedule applicable at that time.
(5) Notwithstanding any other compensation, time worked in excess of 10 days continuously without a day of rest shall be compensated at double-time rate and be subject to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days 16.9 of the receipt agreement. Time worked in excess of 10 hours per day shall be compensated at the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearingapplicable overtime rates.
Appears in 1 contract
Sources: Collective Agreement
Work Schedules. (a) This agreement Agreement shall establish shift patterns, length of scheduled workdays work days and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer shall determine determine, when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ employees' representative at the local level will establish seasonal work schedules based upon the shift patterns and hours of work clauses in this Agreement. There shall be a maximum of six (6) changes to the agreement and the provisions shift scheduling per year with two (2) of this article including the following:these changes allowed to be made on short notice with a minimum notice of forty-eight (48) hours. In addition, members may volunteer to sign up for a different schedule for special projects.
(1) if If either party Party wishes a change to existing work schedules they schedules, it shall provide the other party Party with the earliest possible advance notice in writing;
(2) if If a change is requested only at the local level, the notice shall be given to the appropriate union Union ▇▇▇▇▇▇▇ or designated employer Employer representative. If a change is requested which involves more than one (1) work site, notice shall be given to the President of the Union or General Manager;
(3) the parties The Parties shall have 14 fourteen (14) days, from the date notice is given given, to reach agreement on work schedules;
(4) if If the parties Parties are unable to reach agreement within 14 fourteen (14) days either party Party may refer the matter to an Hours of Work Umpire on the appropriate form.
(d) The Employer arbitrator, pursuant to Article 9, and the Union shall agree on a list terms of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreementreference within this Article.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire arbitrator shall base their his/her decision on work schedule information in the agreement this Agreement and the criteria to be applied in this section. The Umpire arbitrator may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement may be consideredParty.
(32) The party Party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(43) In coming to a decision, the Umpire arbitrator shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement this Agreement except for the provisions of Clauses 14.2(e)(4Articles 14.2(d)(3) and 14.2(f14.2(e);
(iv) the decision must accord with the agreed upon terms of reference as noted in this Agreement.
(fe) The parties Parties recognize that in reaching mutual agreement on seasonal work schedules, or where the Umpire arbitrator is determining recommending a schedule in accordance with the provisions of this article Article the following will also apply:
(1) work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2) seasonal work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties Parties at the local level, the Employer may implement, on an interim basis, a new or changed seasonal work schedule by giving 14 days' fourteen (14) days notice, providing the length of workday work day is not increased beyond nine (9) hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' fourteen (14) days notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or until after an Umpirearbitrator's decisiondecision to the Labour/Management Committee.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
Appears in 1 contract
Sources: Collective Agreement
Work Schedules. (a) This agreement Agreement shall establish shift patterns, length of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer shall determine determine, when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ employees' representative at the local level will establish seasonal work schedules based upon the shift patterns and hours of work clauses in this Agreement. There shall be a maximum of three (3) changes (per work group) to the agreement and the provisions of this article including the followingshift scheduling per year except by mutual agreement:
(1) if either party Party wishes a change to existing seasonal work schedules they it shall provide the other party Party with the earliest possible advance notice in writing;
(2) if a change is requested only at the local level, the notice shall be given to the appropriate union Union ▇▇▇▇▇▇▇ or designated employer Employer representative;. If a change is requested which involves more than one (1) worksite, notice shall be given to the President of the Union or the Executive Vice-President or his designate.
(3) the parties Parties shall have 14 fourteen (14) days, from the date notice is given to reach agreement on seasonal work schedules;
(4) if the parties Parties are unable to reach agreement within 14 fourteen (14) days either party Party may refer the matter to an Hours umpire, pursuant to Article 8 and Clause 9.6, and the terms of Work Umpire on the appropriate formreference within this article.
(d5) The Employer and where no agreement has been reached, there shall be no change to the Union shall agree on a list of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with schedule until mutual agreement has been achieved or an arbitrator's decision has been rendered. However, should the provisions of matter remain unresolved after thirty (30) days from when the agreementmatter is referred to the umpire, pursuant to (4) above the Employer may implement a new work schedule.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire umpire shall base their his decision on work schedule information in the agreement this Agreement and the criteria to be applied in this section. The Umpire umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement may be consideredParty.
(32) The party Party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(43) In coming to a decision, the Umpire umpire shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement this Agreement except for the provisions of Clauses 14.2(e)(414.2(d)(3) and 14.2(f14.2(e);
(iv) the decision must accord with the agreed upon terms of reference as noted in this Agreement.
(fe) The parties Parties recognize that in reaching mutual agreement on seasonal work schedules, or where the Umpire umpire is determining recommending a schedule in accordance with the provisions of this article the following will also apply:
(1) work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2) seasonal work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 days' notice, providing the length of workday is not increased beyond nine hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpire's decision.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
Appears in 1 contract
Sources: Collective Agreement
Work Schedules.
(a) This agreement shall establish shift patterns, length of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer shall determine determine, when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ at the local level will establish and/or review work schedules at a minimum of once a year based upon the shift patterns and hours of work clauses in the agreement and the provisions of this article including the following:
(1) if either party wishes a change to existing work schedules they it shall provide the other party with the earliest possible advance notice in writing;
(2) if a change is requested requested, the notice shall be given to the appropriate union ▇▇▇▇▇▇▇ or designated employer representative. If a change is requested which involves more than one worksite, notice shall be given to the President of the Union or designate or to the designated employer official whichever is applicable;
(3) the parties shall have 14 days, from the date notice is given to reach agreement on work schedules;
(4) if the parties are unable to reach agreement within 14 days either party may refer the matter to an Hours of Work Umpire on the appropriate form.
(d) The Employer and the Union shall agree on a list of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreement.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire shall base their decision on work schedule information in the relevant agreement and the criteria to be applied in this section. The Umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement may be considered.
(3) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(4) In coming to a decision, the Umpire shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement except for the provisions of Clauses 14.2(e)(4) and 14.2(f).
(f) The parties recognize that in reaching mutual agreement on work schedules, or where the Umpire is determining a schedule in accordance with the provisions of this article the following will also apply:
(1) work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2) work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the publiccustomer. The onus of proof shall be on the Employer to prove decreased cost;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 days' notice, providing the length of workday is not increased beyond nine 10 hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpireumpire's decision.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause Article 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
Appears in 1 contract
Sources: Collective Agreement
Work Schedules.
(a) This agreement shall article will establish shift patterns, length of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer BCER shall determine determine, pursuant to the appropriate statutory authority, when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The Employer's BCER’s designate and the union ▇▇▇▇▇▇▇ at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the this agreement and the provisions of this article including the following:
(1) if either party wishes a change to existing work schedules they it shall provide the other party with the earliest possible advance notice in writing;
(2) if a change is requested only at the local level, the notice shall be given to the appropriate union ▇▇▇▇▇▇▇ or designated employer BCER representative. If a change is requested which involves more than one worksite, notice shall be given to the President of the Union or designated BCER official;
(3) the parties shall have 14 days, from the date notice is given to reach agreement on work schedules;
(4) if the parties are unable to reach agreement within 14 days either party may refer the matter to an Hours of Work Umpire on the appropriate formgrievance and arbitration procedure pursuant to Articles 8 and 9.
(d) The Employer BCER and the Union shall agree on a list of persons designated as "Hours of Work Umpires" who shall resolve that hours of work disputes shall be resolved in accordance with the provisions of the collective agreement.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire shall base their decision on work schedule information in the agreement and the criteria to be applied in this section. The Umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement may be considered.
(3) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(42) In coming to a decision, the Umpire parties shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement agreements except for the provisions of Clauses 14.2(e)(415.2(d) and 14.2(f15.2(e).
(fe) The parties recognize that in reaching mutual agreement on work schedules, or where the Umpire is determining a schedule in accordance with the provisions of this article the following will also apply:
(1) work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2) work schedule changes, within existing hours of operation, must not result in increased cost to the Employer BCER and where possible shall result in decreased cost to the Employer BCER and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer BCER to prove decreased cost;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties at the local level, the Employer BCER may implement, on an interim basis, a new or changed work schedule by giving 14 days' ’ notice, providing the length of workday is not increased beyond nine hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' ’ notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpire's decisionagreement.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
Appears in 1 contract
Sources: Collective Agreement
Work Schedules. (a) This agreement Agreement shall establish shift patterns, length of scheduled workdays work days and, where appropriate, averaging periods to meet the annual hours of work, pursuant to Clause 14.9.
(b) The Employer shall determine determine, when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ employees' representative at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the agreement this Agreement and the provisions of this article Article including the following:
(1) if either party Party wishes a change to existing work schedules they it shall provide the other party Party with the earliest possible advance notice in writing;
(2) if a change is requested only at the local level, the notice shall be given to the appropriate union Union ▇▇▇▇▇▇▇ or designated employer Employer representative. If a change is requested which involves more than one (1) worksite, notice shall be given to the President of the Union or the Company President or his designate;
(3) the parties Parties shall have 14 fourteen (14) days, from the date notice is given to reach agreement on work schedules;
(4) if the parties Parties are unable to reach agreement within 14 fourteen (14) days either party Party may refer the matter to an Hours of Work Umpire on the appropriate form.
(d) The Employer expedited arbitration, pursuant to Clause 9.6 and the Union shall agree on a list terms of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreementreference within this Article.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire arbitrator shall base their his/her decision on work schedule information in the agreement this Agreement and the criteria to be applied in this section. The Umpire arbitrator may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement may be consideredParty.
(32) The party Party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(43) In coming to a decision, the Umpire arbitrator shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement Master Agreement except for the provisions of Clauses 14.2(e)(4) and 14.2(f)14.2.
(fiv) the decision must accord with the agreed upon terms of reference referred to in (d) above.
(e) The parties Parties recognize that in reaching mutual agreement on work schedules, or where the Umpire arbitrator is determining a schedule in accordance with the provisions of this article Article the following will also apply:
(1) work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2) work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 days' notice, providing the length of workday is not increased beyond nine hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpire's decision.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
Appears in 1 contract
Sources: Collective Agreement
Work Schedules. (a) This agreement shall establish shift patterns, length of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer shall determine when various services are provided (to be provided, the hours of operation)operation of all services and facilities, the classifications of positions and the numbers of employees required to provide the services.
(cb) The Employer's designate and the union ▇▇▇▇▇▇▇ employee's representative at the local level will establish work schedules, provided that such work schedules based upon are compatible with the shift patterns and hours of operation determined by the Employer and Article
14.1. In establishing or changing work clauses in the agreement and schedules the provisions of this article shall apply including the following:
(1) if If either party wishes a change to the existing work schedules they it shall provide the other party with the earliest possible advance notice in writing;.
(2) if If a change is requested only at the local level, the notice shall be given to the appropriate union Union ▇▇▇▇▇▇▇ or designated employer Employer representative;. If a change is requested which involves more than one (1) work site, notice shall be given to the Union Staff Representative or the Company President.
(3) the parties The Parties shall have 14 fourteen (14) days, from the date notice is given to reach agreement on work schedules;.
(4) if If the parties Parties are unable to reach agreement within 14 fourteen (14) days either party may refer the matter to an Hours of Work Umpire on the appropriate form.
(d) The Employer arbitration, pursuant to Article 9 and the Union shall agree on a list terms of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreementreference within this article.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire arbitrator shall base their his/her decision on work schedule information in the agreement this Agreement and the criteria to be applied in this section. The Umpire arbitrator may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement may be considered.
(32) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(43) In coming to a decision, the Umpire arbitrator shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement Agreement except for the provisions of Clauses 14.2(e)(414.2(c)(3) and 14.2(f14.2(d).
(fd) The parties Parties recognize that in reaching mutual agreement on work schedules, or where the Umpire arbitrator is determining a schedule in accordance with the provisions of this article Article the following will also apply:
(1) work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2) work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties Parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 fourteen (14) days' notice, providing the length of workday work day is not increased beyond nine (9) hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 fourteen (14) days' notice may be concurrent with the period of notice in (c)(3Clause 14.2(b)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpirearbitrator's decision.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
Appears in 1 contract
Sources: Collective Agreement
Work Schedules. (a) This agreement Agreement shall establish shift patterns, patterns and length of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer shall determine determine, when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ employees' representative at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the agreement this Agreement and the provisions of this article Article including the following:
(1) if either party Party wishes a change to existing work schedules they it shall provide the other party Party with the earliest possible advance notice in writing;
(2) if a change is requested only at the local level, the notice shall be given to the appropriate union Union ▇▇▇▇▇▇▇ or designated employer Employer representative. If a change is requested which involves more than one (1) worksite, notice shall be given to the President of the Union or General Manager;
(3) the parties Parties shall have 14 five (5) days, from the date notice is given to reach agreement Agreement on work schedules;
(4) if the parties Parties are unable to reach agreement Agreement within 14 five (5) days either party Party may refer the matter to an Hours of Work Umpire on the appropriate form.
(d) The Employer expedited arbitration, pursuant to Article 9.6 and the Union shall agree on a list terms of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreementreference within this Article.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire arbitrator shall base their his/her decision on work schedule information in the agreement this Agreement and the criteria to be applied in this section. The Umpire arbitrator may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement may be consideredParty.
(32) The party Party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(43) In coming to a decision, the Umpire arbitrator shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement this Agreement except for the provisions of Clauses 14.2(e)(4Clause 14.2(e);
(iv) and 14.2(f)the decision must accord with the agreed upon terms of reference referred to in Clause 14.2(d)(1) above.
(fe) The parties Parties recognize that in reaching mutual agreement on work schedules, or where the Umpire arbitrator is determining a schedule in accordance with the provisions of this article Article the following will also apply:
(1) work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2) work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties Parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 fourteen (14) days' notice, providing the length of workday work day is not increased beyond nine ten (10) hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpirearbitrator's decision.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
Appears in 1 contract
Sources: Collective Agreement
Work Schedules. (a) This agreement The appropriate Appendices 6, 7 or 8 shall establish shift patterns, length of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer shall determine determine, pursuant to the appropriate statutory authority, when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ at the local level will establish work schedules based upon the shift patterns and hours of work clauses as contained in the appropriate Appendices 6, 7 or 8 of this agreement and the provisions of this article including the following:
(1) if either party wishes a change to existing work schedules they it shall provide the other party with the earliest possible advance notice in writing;
(2) if a change is requested requested, the notice shall be given to the appropriate union ▇▇▇▇▇▇▇ or designated employer representativerepresentative and notice shall be given to the President of the Union or their designate;
(3) the parties shall have 14 days, from the date notice is given to reach agreement on work schedules;
(4) if the parties are unable to reach agreement within 14 days either party may refer the matter to an Hours of Work Umpire on the appropriate form.
(d) The Employer and the Union shall agree on a list of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreementdisputes.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire shall base their decision on work schedule information contained in the agreement appropriate Appendices 6, 7 or 8 and the criteria to be applied in this section. The Umpire may consider a work schedule proposed by either party, party however only work schedules which are consistent with the agreement appropriate Appendices 6, 7 or 8 may be considered.
(3) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(4) In coming to a decision, the Umpire shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective this agreement except for the provisions of Clauses 14.2(e)(4) and 14.2(f).
(f) The parties recognize that in reaching mutual agreement on work schedules, or where the Umpire is determining a schedule in accordance with the provisions of this article the following will also apply:
(1) work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2) work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 days' ’ notice, providing the length of workday is not increased beyond nine hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' ’ notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpire's decision.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
Appears in 1 contract
Sources: Collective Agreement
Work Schedules.
(a) This agreement shall establish shift patterns, length Shift patterns and lengths of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of workwork shall be established by mutual agreement.
(b) The Employer shall determine when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services. This provision will not nullify the application of the other articles of this Agreement.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ employee's representative at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the agreement and the provisions of this article Agreement, including the following:
(1) if If either party wishes a change to existing work schedules they it shall provide the other party with the earliest possible advance notice in writing;.
(2) if If a change is requested only at the local level, the notice shall be given to the appropriate union ▇▇▇▇▇▇▇ or designated employer representative;. If a change is requested which involves more than one (1) worksite, notice shall be given to the President of the Union or designated employer official.
(3) the The parties shall have 14 ten (10) days, from the date notice is given to reach agreement on work schedules;.
(4) if If the parties are unable to reach agreement within 14 ten (10) days either party may refer the matter to an Hours of Work Umpire on the appropriate formarbitration pursuant to Article 9.
(d) The Employer and the Union shall agree on a list of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreement.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire shall base their decision on work schedule information in the agreement and the criteria to be applied in this section. The Umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement may be considered.
(35) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(4) In coming to a decision, the Umpire shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement except for the provisions of Clauses 14.2(e)(4) and 14.2(f).
(fd) The parties recognize that in reaching mutual agreement on work schedules, or where the Umpire an arbitration board is determining a schedule in accordance with the provisions of this article clause the following will also applybe met:
(1) work Work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;.
(2) work Work schedule changes, within existing hours of operation, must should not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;Employer.
(3) If the above criteria are satisfied, consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 days' fourteen (14) days notice, providing the length of workday is not increased beyond nine (9) hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' fourteen (14) days notice may be concurrent with the period of notice in (c)(3Clause 17.2(c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpirearbitrator's decision.
(h1) Either party may grieve an Hours Existing shift patterns are as follows:
(i) five (5) days on/two (2) days off;
(ii) four (4) days on/two (2) days off;
(iii) four (4) days on/three (3) days off.
(2) Starting and finishing times of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(eworkdays shall be established by mutual agreement.
(3) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days A record of the receipt of employee's work schedule shall be maintained at the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearinglocal level.
Appears in 1 contract
Sources: Collective Agreement
Work Schedules. (a) This agreement shall establish shift patterns, length Shift patterns and lengths of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of workwork shall be established by mutual agreement.
(b) The Employer shall determine when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services. This provision will not nullify the application of the other articles of this Agreement.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ employee's representative at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the agreement and the provisions of this article Agreement, including the following:
(1) if If either party wishes a change to existing work schedules they it shall provide the other party with the earliest possible advance notice in writing;.
(2) if If a change is requested only at the local level, the notice shall be given to the appropriate union ▇▇▇▇▇▇▇ or designated employer representative;. If a change is requested which involves more than one (1) worksite, notice shall be given to the President of the Union or designated employer official.
(3) the The parties shall have 14 ten (10) days, from the date notice is given to reach agreement on work schedules;.
(4) if If the parties are unable to reach agreement within 14 ten (10) days either party may refer the matter to an Hours of Work Umpire on the appropriate formarbitration pursuant to Article 9.
(d) The Employer and the Union shall agree on a list of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreement.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire shall base their decision on work schedule information in the agreement and the criteria to be applied in this section. The Umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement may be considered.
(35) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(4) In coming to a decision, the Umpire shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement except for the provisions of Clauses 14.2(e)(4) and 14.2(f).
(fd) The parties recognize that in reaching mutual agreement on work schedules, or where the Umpire an arbitration board is determining a schedule in accordance with the provisions of this article clause the following will also applybe met:
(1) work Work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;.
(2) work Work schedule changes, within existing hours of operation, must should not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;Employer.
(3) If the above criteria are satisfied, consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 days' fourteen (14) days notice, providing the length of workday is not increased beyond nine (9) hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' fourteen (14) days notice may be concurrent with the period of notice in (c)(3Clause 17.2(c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpirearbitrator's decision.
(h1) Either party may grieve an Hours Existing shift patterns are as follows:
(i) five (5) days on/two (2) days off;
(ii) four (4) days on/two (2) days off;
(iii) four (4) days on/three (3) days off.
(2) Starting and finishing times of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(eworkdays shall be established by mutual agreement.
(3) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days A record of the receipt of employee's work schedule shall be maintained at the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearinglocal level.
Appears in 1 contract
Sources: Collective Agreement
Work Schedules.
(a) This agreement shall establish The following table establishes full-time shift patterns, length of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of work.work consistent with the collective agreement and any relevant appendix. Shift Pattern Length of Scheduled Workdays Total Hours Per Cycle Shifts Per Cycle Total Annual Hours Statutory Holidays Statutory Holiday Hours #1 5:2 7.5 37.5 5 1950 Worked 90.0 #2 5:2 7.5 37.5 5 1950 Not Worked #3 5:2 7.0 35 5 1827 Worked 81.9 #4 5:2 7.0 35 5 1827 Not Worked #5 4:2 7.5 30 4 1827 Worked 81.9 #6 4:2 7.5 30 4 1827 Not Worked
(b) The Employer shall determine when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The Employer's designate and the union Union ▇▇▇▇▇▇▇ at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the agreement relevant appendices and the provisions of this article including the following:
(1) if either party wishes a change to existing work schedules they it shall provide the other party with the earliest possible advance notice in writing;
(2) if a change is requested only at the local level, the notice shall be given to the appropriate union Union ▇▇▇▇▇▇▇ or designated employer representative. If a change is requested which involves more than one worksite, notice shall be given to the President of the Union or designated employer official;
(3) the parties shall have 14 days, from the date notice is given to reach agreement on work schedules;
(4) if the parties are unable to reach agreement within 14 days either party may refer the matter to an Hours of Work Umpire on the appropriate formUmpire.
(d) The Employer and the Union shall agree on a list of persons designated as to an "Hours of Work UmpiresUmpire" who shall resolve hours at the time of work disputes the dispute in accordance with the provisions of the collective agreement.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire shall base their decision on work schedule information in the collective agreement and the relevant appendix, as appropriate, and the criteria to be applied in this section. The Umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the collective agreement and relevant appendix may be considered.
(3) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(4) In coming to a decision, the Umpire shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective this agreement except for the provisions of Clauses 14.2(e)(4) and 14.2(f).
(f) The parties recognize that in reaching mutual agreement on work schedules, or where the Umpire is determining a schedule in accordance with the provisions of this article the following will also apply:
(1) work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2) work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 days' notice, providing the length of workday is not increased beyond nine hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpireumpire's decision.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
Appears in 1 contract
Sources: Collective Agreement
Work Schedules. (a) This agreement agreements shall establish shift patterns, length of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer shall determine determine, pursuant to the appropriate statutory authority, when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the relevant agreement and the provisions of this article including the following:
(1) if either party wishes a change to existing work schedules they it shall provide the other party with the earliest possible advance notice in writing;
(2) if a change is requested only at the local level, the notice shall be given to the appropriate union ▇▇▇▇▇▇▇ or designated employer representative. If a change is requested which involves more than one (1) worksite, notice shall be given to the President of the Union or designated BPCPA official;
(3) the parties shall have 14 fourteen (14) days, from the date notice is given to reach agreement on work schedules;
(4) if the parties are unable to reach agreement within 14 fourteen (14) days either party may refer the matter to an Hours of Work Umpire on the appropriate form.
(d) The Employer and the Union shall agree on a list of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreementagreements.
(1) The Umpire shall have 14 fourteen (14) days, which may be extended by mutual agreement of the Principals by a further seven (7) days, in which to bring in a decision.
(2) The Umpire shall base their decision on work schedule information in the relevant agreement and the criteria to be applied in this section. The Umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the relevant agreement may be considered.
(3) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(4) In coming to a decision, the Umpire shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement except for the provisions of Clauses 14.2(e)(4) and 14.2(f).
(f) The parties recognize that in reaching mutual agreement on work schedules, or where the Umpire is determining a schedule in accordance with the provisions of this article the following will also apply:
(1) work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2) work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 fourteen (14) days' notice, providing the length of workday is not increased beyond nine (9) hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 fourteen (14) days' notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpire's decision.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 fourteen (14) days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 fourteen (14) days of the conclusion of the hearing.
(i) If any of the provisions of this article are in conflict with, or are restricted by, any provision of the agreement, the provisions of this article will apply.
Appears in 1 contract
Sources: Collective Agreement
Work Schedules. (a) This agreement shall article will establish shift patterns, length of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer Authority shall determine determine, pursuant to the appropriate statutory authority, when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The EmployerAuthority's designate and the union ▇▇▇▇▇▇▇ at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the agreement and the provisions of this article Agreement including the following:
(1) if either party wishes a change to existing work schedules they it shall provide the other party with the earliest possible advance notice in writing;
(2) if a change is requested only at the local level, the notice shall be given to the appropriate union ▇▇▇▇▇▇▇ or designated employer representativeAuthority representative and copied to the Joint Consultation Committee Co-Chairpersons. If a change is requested which involves more than one worksite, notice shall be given to the President of the Union or designated Authority official;
(3) the parties shall have 14 days, from the date notice is given to reach agreement on work schedules;
(4) if the parties are unable to reach agreement within 14 days either party may refer the matter to an Hours of Work Umpire on the appropriate formgrievance and arbitration procedure pursuant to Articles 8 and 9.
(d) The Employer Authority and the Union shall agree on a list of persons designated as "Hours of Work Umpires" who shall resolve that hours of work disputes shall be resolved in accordance with the provisions of the agreementCollective Agreement.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire shall base their decision on work schedule information in the agreement and the criteria to be applied in this section. The Umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement may be considered.
(3) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(42) In coming to a decision, the Umpire parties shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement Collective Agreement except for the provisions of Clauses 14.2(e)(415.2(d) and 14.2(f15.2(e).
(f) The parties recognize that in reaching mutual agreement on work schedules, or where the Umpire is determining a schedule in accordance with the provisions of this article the following will also apply:
(1) work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2) work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 days' notice, providing the length of workday is not increased beyond nine hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpire's decision.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
Appears in 1 contract
Sources: Collective Agreement
Work Schedules. (a) This agreement shall Article will establish shift patterns, length of scheduled workdays work days and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer shall determine determine, pursuant to the appropriate statutory authority, when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The Employer's ’s designate and the union Union ▇▇▇▇▇▇▇ at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the this agreement and the provisions of this article including the following:
(1) if either party wishes a change to existing work schedules they it shall provide the other party with the earliest possible advance notice in writing;
(2) if a change is requested only at the local level, the notice shall be given to the appropriate union Union ▇▇▇▇▇▇▇ or designated employer Employer representative. If a change is requested which involves more than one work site, notice shall be given to the President of the Union or designated Employer official;
(3) the parties shall have 14 fourteen (14) days, from the date notice is given to reach agreement on work schedules;
(4) if the parties are unable to reach agreement within 14 fourteen (14) days either party may refer the matter to an Hours of Work Umpire on the appropriate formgrievance and arbitration procedure pursuant to Articles 8 and 9.
(d) The Employer and the Union shall agree on a list of persons designated as "Hours of Work Umpires" who shall resolve that hours of work disputes shall be resolved in accordance with the provisions of the agreementCollective Agreement.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire shall base their decision on work schedule information in the agreement and the criteria to be applied in this section. The Umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement may be considered.
(3) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(42) In coming to a decision, the Umpire Parties shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement Collective Agreement except for the provisions of Clauses 14.2(e)(415.2(d) and 14.2(f15.2(e).
(fe) The parties recognize that in reaching mutual agreement on work schedules, or where the Umpire is determining a schedule in accordance with the provisions of this article schedules the following will also apply:
(1) work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2) work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 days' fourteen (14) days notice, providing the length of workday work day is not increased beyond nine hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' fourteen (14) days notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpire's decisionagreement.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
Appears in 1 contract
Sources: Collective Agreement
Work Schedules. (a) This agreement Agreement shall establish shift patterns, length of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer shall determine when various services are provided (hours of operation), the classifications of positions positions, and the numbers of employees required to provide the services.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ employees' representative at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the agreement this Agreement and the provisions of this article including Article. In the discussion, the parties shall consider start and finish times that are needed for operation requirements, as well as the following:
(1) if If either party wishes a change to existing work schedules they it shall provide the other party with the earliest possible advance notice in writing;.
(2) if If a change is requested only at the local level, the notice shall be given to the appropriate union Union ▇▇▇▇▇▇▇ or designated employer Employer representative;. If a change is requested which involves more than one (1) worksite, notice shall be given to the President of the Union or General Manager.
(3) the The parties shall have 14 days, fourteen (14) days from the date notice is given to reach agreement on work schedules;.
(4) if If the parties are unable to reach agreement within 14 fourteen (14) days either party may refer the matter to an Hours expedited arbitration, pursuant to Clause 9.6 or Section 87 pursuant to Clause 8.4 and the terms of Work Umpire reference within this Article. Matters referred to expedited Arbitration shall be heard within fourteen (14) days of the referral, or as soon as possible depending on the appropriate formavailability of the Arbitrator.
(d5) The Employer and Where no agreement has been reached, there shall be no change to the Union shall agree on a list of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with schedule until mutual agreement has been achieved or an arbitrator's decision has been rendered. However, this restriction shall not exceed thirty (30) calendar days from the provisions of date that the agreementparties agree to refer the matter to an Arbitrator pursuant to (c)(4) above.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire arbitrator shall base their his decision on work schedule information in the agreement this Agreement and the criteria to be applied in this section. The Umpire arbitrator may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement may be considered.
(32) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(43) In coming to a decision, the Umpire arbitrator shall abide by the following rules:
(i) the The decision must not be retroactive;.
(ii) the The hours of work schedule awarded shall not contain scheduled overtime;.
(iii) the The decision must not interpret the collective agreement Agreement except for the provisions of Clauses 14.2(e)(414.2(d)(3) and 14.2(f14.2(e).
(fiv) The decision must accord with the agreed upon terms of reference referred to in (c) above.
(e) The parties recognize that in reaching mutual agreement on work schedules, schedules or where the Umpire arbitrator is determining a schedule in accordance with the provisions of this article Article, the following will also apply:
(1) work Work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally functionally-linked work groups within and without the bargaining unit;
(2) work Work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;.
(3) consideration Consideration shall also be given to employee preferences, fairness fairness, and equity.
(1) In the event there is a dispute between the parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 fourteen (14) days' noticenotice subject to the provisions of (c)(5) above, providing the length of workday work day is not increased beyond nine ten (10) hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 fourteen (14) days' notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpirearbitrator's decision.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
Appears in 1 contract
Sources: Collective Agreement
Work Schedules. (a) This agreement Agreement shall establish shift patterns, length of scheduled workdays work days and, where appropriate, averaging periods to meet the annual hours of work.
(b) The Employer shall determine determine, when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services. The Employer agrees to meet with the Union to advise them of their needs thirty (30) days in advance of intended change to the work schedule.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ employees' representative at the local level will establish seasonal work schedules based upon the shift patterns and hours of work clauses in the agreement this Agreement and the provisions of this article Article including the following:
(1) if either party wishes a change to existing seasonal work schedules they it shall provide the other party with the earliest possible advance notice in writing;
(2) if a change is requested only at the local level, the notice shall be given to the appropriate union Union ▇▇▇▇▇▇▇ or designated employer Employer representative. If a change is requested which involves more than one (1) work site, notice shall be given to the President of the Union or General Manager;
(3) the parties shall have 14 fourteen (14) days, from the date notice is given to reach agreement on seasonal work schedules;
(4) if the parties are unable to reach agreement within 14 fourteen (14) days either party may refer the matter to an Hours of Work Umpire on the appropriate form.
(d) The Employer umpire, pursuant to Article 8, and the Union shall agree on a list terms of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreementreference within this Article.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire umpire shall base their his/her decision on work schedule information in the agreement this Agreement and the criteria to be applied in this section. The Umpire umpire may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement may be considered.
(31) The party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(42) In coming to a decision, the Umpire umpire shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement this Agreement except for the provisions of Clauses 14.2(e)(414.2(d)(3) and 14.2(f14.2(e).
(f) The parties recognize that in reaching mutual agreement on work schedules, or where the Umpire is determining a schedule in accordance with the provisions of this article the following will also apply:
(1) work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2iv) work schedule changes, within existing hours of operation, the decision must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 days' notice, providing the length of workday is not increased beyond nine hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' notice may be concurrent accord with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpire's decision.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours terms of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearingreference as noted in this Agreement.
Appears in 1 contract
Sources: Collective Agreement
Work Schedules.
(a) This agreement Agreement shall establish shift patterns, length of scheduled workdays and, where appropriate, averaging periods to meet the annual hours of work, pursuant to Clause 14.9.
(b) The Employer shall determine determine, when various services are provided (hours of operation), the classifications of positions and the numbers of employees required to provide the services.
(c) The Employer's designate and the union ▇▇▇▇▇▇▇ employees' representative at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the agreement this Agreement and the provisions of this article Article including the following:
(1) if either party Party wishes a change to existing work schedules they it shall provide the other party Party with the earliest possible advance notice in writing;
(2) if a change is requested only at the local level, the notice shall be given to the appropriate union Union ▇▇▇▇▇▇▇ or designated employer Employer representative. If a change is requested which involves more than one (1) worksite, notice shall be given to the President of the Union or the Company President or his designate;
(3) the parties Parties shall have 14 fourteen (14) days, from the date notice is given to reach agreement on work schedules;
(4) if the parties Parties are unable to reach agreement within 14 fourteen (14) days either party Party may refer the matter to an Hours of Work Umpire on the appropriate form.
(d) The Employer expedited arbitration, pursuant to Clause 9.6 and the Union shall agree on a list terms of persons designated as "Hours of Work Umpires" who shall resolve hours of work disputes in accordance with the provisions of the agreementreference within this Article.
(1) The Umpire shall have 14 days, which may be extended by mutual agreement of the Principals by a further seven days, in which to bring in a decision.
(2) The Umpire arbitrator shall base their his/her decision on work schedule information in the agreement this Agreement and the criteria to be applied in this section. The Umpire arbitrator may consider a work schedule proposed by either party, however only work schedules which are consistent with the agreement may be consideredParty.
(32) The party Party requesting a change from what has been previously agreed to shall bear the onus for justifying the change.
(43) In coming to a decision, the Umpire arbitrator shall abide by the following rules:
(i) the decision must not be retroactive;
(ii) the hours of work schedule awarded shall not contain scheduled overtime;
(iii) the decision must not interpret the collective agreement Master Agreement except for the provisions of Clauses 14.2(e)(4) and 14.2(f)14.2.
(fiv) the decision must accord with the agreed upon terms of reference referred to in
(e) The parties Parties recognize that in reaching mutual agreement on work schedules, or where the Umpire arbitrator is determining a schedule in accordance with the provisions of this article Article the following will also apply:
(1) work schedules shall meet the hours of operation and shall consider unusual or seasonal demands and functionally linked work groups within and without the bargaining unit;
(2) work schedule changes, within existing hours of operation, must not result in increased cost to the Employer and where possible shall result in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall be on the Employer to prove decreased cost;
(3) consideration shall also be given to employee preferences, fairness and equity.
(1) In the event there is a dispute between the parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 days' notice, providing the length of workday is not increased beyond nine hours and providing the change is necessary because of an introduction of a new program or a change to the hours of operation. However, under extenuating circumstances the 14 days' notice may be concurrent with the period of notice in (c)(3) above.
(2) Where the proposed change is within existing hours of operation, no change shall be made without mutual agreement or an Umpire's decision.
(h) Either party may grieve an Hours of Work Umpire decision made pursuant to Clause 14.2 on the grounds that the award contravenes the requirements of Clause 14.2(e) or Clause 14.2(f). The grievance may be filed to a mutually agreed upon Hours of Work Arbitrator within 14 days of the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearing.
Appears in 1 contract
Sources: Collective Agreement