Common use of Work Schedules Clause in Contracts

Work Schedules. (a) Component Agreements shall establish shift patterns, length of scheduled work days and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer shall 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 Xxxxxxx 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 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 xxxxxxx or designated 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 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 Master 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 Master or Component Collective 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 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 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. (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

Samples: Extension to the Thirteenth Master Agreement, Master Agreement, Extension to the Thirteenth Master Agreement

AutoNDA by SimpleDocs

Work Schedules. (a) Component Agreements agreements shall establish shift patterns, length of scheduled work days workdays and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer shall 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 Xxxxxxx union xxxxxxx at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the relevant Component Agreement component agreement and the provisions of this article including the following: (1) if either Party party wishes a change to existing work schedules 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 xxxxxxx or designated Employer employer representative. If a change is requested which involves more than one work siteworksite, notice shall be given to the President of the Union or designated Ministry 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 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 Master Main and Component Agreementscomponent 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 relevant Component Agreement 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 relevant Component Agreement 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 Master Main or Component Collective Agreements 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 work day 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 Umpireumpire'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 Agreementcomponent agreement, the provisions of this article will apply.

Appears in 5 contracts

Samples: Public Service Agreement, Public Service Agreement, Public Service Agreement

Work Schedules. (a) Component Agreements agreements shall establish shift patterns, length of scheduled work days workdays and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer shall 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 Xxxxxxx union xxxxxxx at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the relevant Component Agreement component agreement and the provisions of this article including the following: (1) if either Party party wishes a change to existing work schedules 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 xxxxxxx or designated Employer employer representative. If a change is requested which involves more than one work siteworksite, notice shall be given to the President of the Union or designated Ministry 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 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 Master 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 Partyparty, however only work schedules which are consistent with the 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 Master or Component Collective Agreements 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 work day 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 Umpireumpire'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 Agreementcomponent agreement, the provisions of this article will apply.

Appears in 3 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

Work Schedules. (a) Component Agreements shall This article will establish shift patterns, length of scheduled work days workdays and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer Commission shall 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 Xxxxxxx union xxxxxxx at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the relevant Component this Agreement and the provisions of this article including the following: (1) if either Party party wishes a change to existing work schedules 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 xxxxxxx or designated Employer Commission representative. If a change is requested which involves more than one work site(1) worksite, notice shall be given to the President of the Union or designated Ministry Commission official; (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 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 Master and Component AgreementsCollective 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 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 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 Master or Component Collective Agreements except for the provisions of Clauses 14.2(e)(415.2(d) and 14.2(f15.2(e). (fe) 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 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 parties at the local level, the Employer Commission may implement, on an interim basis, a new or changed work schedule by giving 14 days fourteen (14) days’ notice, providing the length of work day 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 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. (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

Samples: Collective Agreement, Collective Agreement

Work Schedules. (a) Component Agreements This Agreement shall establish shift patterns, length of scheduled work days workdays and, where appropriate, averaging periods to meet the annual hours of work, pursuant to Clause 14.9. (b) The Employer shall 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 Xxxxxxx employees' representative at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the relevant Component this Agreement and the provisions of this article Article including the following: (1) if either Party wishes a change to existing work schedules 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 xxxxxxx or designated Employer representative. If a change is requested which involves more than one work site(1) worksite, notice shall be given to the President of the Union or designated Ministry officialthe Company President or his designate; (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 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 Master and Component Agreementsreference 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 relevant Component 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 relevant Component 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 Master or Component Collective Agreements 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 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 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. (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.reference referred to in

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Work Schedules. (a) Component Agreements This agreement shall establish shift patterns, length of scheduled work days workdays and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer shall determine, pursuant to the appropriate statutory authority, 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 Xxxxxxx union xxxxxxx at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the relevant Component Agreement agreement and the provisions of this article including the following: (1) if either Party party wishes a change to existing work schedules it they 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 xxxxxxx 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 Master and Component Agreementsagreement. (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 relevant Component Agreement 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 relevant Component Agreement 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 Master or Component Collective Agreements collective 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 days' notice, providing the length of work day 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 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

Samples: Collective Agreement, Collective Agreement

Work Schedules. (a) Component Agreements agreements shall establish shift patterns, length of scheduled work days workdays and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer shall 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 Xxxxxxx union xxxxxxx at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the relevant Component Agreement component agreement and the provisions of this article including the following: (1) if either Party party wishes a change to existing work schedules 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 xxxxxxx or designated Employer employer representative. If a change is requested which involves more than one work siteworksite, notice shall be given to the President of the Union or designated Ministry 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 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 Master and Component Agreements.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 in the 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 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 Master or Component Collective Agreements 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 work day 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 Umpireumpire'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 Agreementcomponent agreement, the provisions of this article will apply.

Appears in 2 contracts

Samples: Master Agreement, Master Agreement

Work Schedules. (a) Component Agreements This Agreement shall establish shift patterns, length of scheduled work days workdays and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer shall determine, pursuant to the appropriate statutory authority, 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 Xxxxxxx union xxxxxxx 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 party wishes a change to existing work schedules it they 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 xxxxxxx 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 Master and Component AgreementsAgreement. (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 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 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 Master or Component Collective Agreements 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 work day 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. (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

Samples: Collective Agreement, Collective Agreement

Work Schedules. (a) Component Agreements This Agreement shall establish shift patterns, length of scheduled work days workdays and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer shall 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. 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 Xxxxxxx employees' representative at the local level will establish seasonal work schedules based upon the shift patterns and hours of work clauses in the relevant Component this Agreement and the provisions of this article including the following: (1) if either Party party wishes a change to existing seasonal work schedules 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 xxxxxxx or designated Employer employer representative. If a change is requested which involves more than one work siteworksite, notice shall be given to the President of the Union or designated Ministry officialGeneral Manager; (3) the Parties parties shall have 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 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 Master and Component Agreementsreference 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 relevant Component 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 relevant Component 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 Master or Component Collective Agreements 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 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 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 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. (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

Samples: Collective Agreement, Collective Agreement

Work Schedules. (a) Component Agreements This article shall establish shift patterns, length of scheduled work days workdays and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer shall 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 Xxxxxxx union xxxxxxx 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 agreement including the following: (1) if If either Party party wishes a change to existing work 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 xxxxxxx or designated Employer employer representative. If a change is requested which involves more than one work siteworksite, notice shall be given to the President of the Union Union, or their designate, or designated Ministry employer official; (3) the Parties The parties shall have 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 days either Party 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 Master and Component Agreementsthis agreement. (1e) 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 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 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 an interim basis, assignment at a new or changed work schedule by giving 14 days notice, providing the length of work day location so far removed from their respective headquarters that overnight accommodation is not increased beyond nine hours required and providing the change is necessary because who are carrying out a project of an introduction expected or actual duration of a new program or a change to the hours of operation. However, under extenuating circumstances the over 14 days notice may be concurrent with the period of notice in (c)(3) abovedays. (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 mutual agreement or an Umpire's a day of rest. Notwithstanding the foregoing, a divisional field crew may by majority decision. (h) Either Party may grieve an Hours , 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 Work Umpire decision made 140 hours in a 28-day period shall, for record-keeping purposes 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 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 conflict with, equivalent time off. Such time off shall be scheduled by mutual agreement at the local level pursuant to (3) or are restricted by(4) below. For auxiliary employees, any provision uncompensated surplus hours will be adjusted in cash. (3) Banked time may 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 a Component Agreementthe annual schedule. (4) For each 28 days worked, the provisions employee shall earn eight days of this article will applyrest. 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 16.9 of the agreement. Time worked in excess of 10 hours per day shall be compensated at the applicable overtime rates.

Appears in 2 contracts

Samples: Collective Agreement, Collective Agreement

Work Schedules. (a) Component Agreements This agreement shall establish shift patterns, length of scheduled work days workdays and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer shall 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 Xxxxxxx union xxxxxxx at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the relevant Component Agreement agreement and the provisions of this article including the following: (1) if either Party party wishes a change to existing work schedules 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 levelrequested, the notice shall be given to the appropriate Union union xxxxxxx or designated Employer employer representative. If a change is requested which involves more than one work siteworksite, notice shall be given to the President of the Union or designate or to the designated Ministry officialemployer official whichever is applicable; (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 Master and Component Agreementsagreement. (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 relevant Component Agreement 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 relevant Component Agreement 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 Master or Component Collective Agreements 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 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 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 work day 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 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 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

Samples: Collective Agreement, Collective Agreement

Work Schedules. (a) Component Agreements shall This article will establish shift patterns, length of scheduled work days workdays and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer Authority shall 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 Xxxxxxx union xxxxxxx 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 agreement including the following: (1) if either Party party wishes a change to existing work schedules 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 xxxxxxx or designated Employer representativeAuthority representative and copied to the Joint Consultation Committee Co-Chairpersons. If a change is requested which involves more than one work siteworksite, notice shall be given to the President of the Union or designated Ministry Authority 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 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 Master and Component Agreementscollective 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 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 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 Master or Component Collective Agreements collective agreement except for the provisions of Clauses 14.2(e)(415.2(d) and 14.2(f15.2(e). (fe) 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 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 parties at the local level, the Employer Authority may implement, on an interim basis, a new or changed work schedule by giving 14 days notice, providing the length of work day 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. (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

Samples: Collective Agreement, Collective Agreement

Work Schedules. (a) Component Agreements This agreement shall establish shift patterns, length of scheduled work days workdays and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer shall determine, pursuant to the appropriate statutory authority, 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 Xxxxxxx union xxxxxxx at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the relevant Component Agreement agreement and the provisions of this article including the following: (1) if either Party party wishes a change to existing work schedules it they 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 xxxxxxx 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 Master and Component Agreementsagreement. (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 relevant Component Agreement 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 relevant Component Agreement 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 Master or Component Collective Agreements collective 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 days' notice, providing the length of work day 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 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

Samples: Collective Agreement, Collective Agreement

Work Schedules. (a) Component Agreements This Agreement shall establish shift patterns, length of scheduled work days workdays and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer shall 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 Xxxxxxx 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 relevant Component Agreement and the provisions of this article including the followingshift scheduling per year except by mutual agreement: (1) if either Party wishes a change to existing seasonal work schedules 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 xxxxxxx or designated Employer representative. If a change is requested which involves more than one work site(1) worksite, notice shall be given to the President of the Union or designated Ministry official;the Executive Vice-President or his designate. (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 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 Master and Component Agreementsmatter 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 relevant Component 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 relevant Component 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 Master or Component Collective Agreements 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 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 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 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. (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

Samples: Collective Agreement

Work Schedules. (a) Component Agreements agreements shall establish shift patterns, length of scheduled work days workdays and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer shall 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 Xxxxxxx union xxxxxxx at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the relevant Component Agreement component agreement and the provisions of this article including the following: (1) if either Party party wishes a change to existing work schedules 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 xxxxxxx or designated Employer employer representative. If a change is requested which involves more than one work siteworksite, notice shall be given to the President of the Union or designated Ministry 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 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 Master and Component Agreements.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 in the 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 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 Master or Component Collective Agreements 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 work day 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 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 1 contract

Samples: Master Agreement

Work Schedules. (a) Component Agreements shall establish shift patterns, length Shift patterns and lengths of scheduled work days and, where appropriate, averaging periods workdays to meet the annual hours of workwork shall be established by mutual agreement. (b) The Employer shall determine, pursuant to the appropriate statutory authority, 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 Xxxxxxx employee's representative 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 Agreement, including the following: (1) if If either Party party wishes a change to existing work 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 xxxxxxx or designated Employer employer representative. If a change is requested which involves more than one work site(1) worksite, notice shall be given to the President of the Union or designated Ministry 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 Master 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 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 Agreements 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 fourteen (14) days notice, providing the length of work day 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 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 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.Existing shift patterns are as follows: (i) If any 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 provisions of this article are in conflict with, or are restricted by, any provision of a Component Agreement, employee's work schedule shall be maintained at the provisions of this article will applylocal level.

Appears in 1 contract

Samples: Collective Agreement

Work Schedules. (a) Component Agreements shall establish shift patterns, length of scheduled work days and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer shall determine, pursuant to the appropriate statutory authority, 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 Xxxxxxx 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 relevant Component Agreement and schedules the provisions of this article shall apply including the following: (1) if If either Party party wishes a change to the existing work 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 xxxxxxx or designated Employer representative. If a change is requested which involves more than one (1) work site, notice shall be given to the President of Union Staff Representative or the Union or designated Ministry official;Company President. (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 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 Master and Component Agreementsreference 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 relevant Component 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 relevant Component 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 Master or Component Collective Agreements Agreement except for the provisions of Clauses 14.2(e)(414.2(c)(3) and 14.2(f14.2(d). (fd) The 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 fourteen (14) days' notice, providing the length of 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)(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. (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

Samples: Collective Agreement

Work Schedules. ‌‌ (a) Component Agreements This Agreement shall establish shift patterns, length of scheduled work days workdays and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer shall determine, pursuant to the appropriate statutory authority, 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 Xxxxxxx union xxxxxxx 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 party wishes a change to existing work schedules 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 xxxxxxx or designated Employer employer representative. If a change is requested which involves more than one work siteworksite, notice shall be given to the President of the Union or designated Ministry employer 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 Master and Component AgreementsAgreement. (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 Partyparty, however only work schedules which are consistent with the 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 Master or Component Collective Agreements 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 work day 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 — 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 a Component Agreementan agreement, the provisions of this article will apply.

Appears in 1 contract

Samples: Collective Agreement

Work Schedules. (a) Component Agreements shall establish shift patterns, length Shift patterns and lengths of scheduled work days and, where appropriate, averaging periods workdays to meet the annual hours of workwork shall be established by mutual agreement. (b) The Employer shall determine, pursuant to the appropriate statutory authority, 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 Xxxxxxx employee's representative 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 Agreement, including the following: (1) if If either Party wishes a change to existing work schedules 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 xxxxxxx or designated Employer representative. If a change is requested which involves more than one work site(1) worksite, notice shall be given to the President of the Union or designated Ministry 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 Master 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. (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 Master or Component Collective Agreements 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 fourteen (14) days notice, providing the length of work day 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 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 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.Existing shift patterns are as follows: (i) If any 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 provisions of this article are in conflict with, or are restricted by, any provision of a Component Agreement, employee's work schedule shall be maintained at the provisions of this article will applylocal level.

Appears in 1 contract

Samples: Collective Agreement

Work Schedules. (a) Component Agreements This Agreement shall establish shift patterns, length of scheduled work days workdays and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer shall 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 Xxxxxxx employee's representative at the local level will establish seasonal work schedules based upon the shift patterns and hours of work clauses in the relevant Component 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 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 xxxxxxx or designated Employer employer representative. If a change is requested which involves more than one work site(1) worksite, notice shall be given to the President of the Union or designated Ministry officialGeneral 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 Master and Component Agreementsreference 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 relevant Component 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 relevant Component 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 Master or Component Collective Agreements 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 fourteen (14) days notice, providing the length of work day 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 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. (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

Samples: Collective Agreement

Work Schedules. (a) Component Agreements This Agreement shall establish shift patterns, length of scheduled work days and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer shall 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 Xxxxxxx 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 relevant Component 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 wishes a change to existing work schedules schedules, 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 xxxxxxx or designated 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 designated Ministry officialGeneral Manager; (3) the 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 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 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 Master and Component Agreementsreference 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 relevant Component 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 relevant Component 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 Master or Component Collective Agreements 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 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 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 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 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. (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

Samples: Collective Agreement

Work Schedules. (a) Component Agreements This Agreement shall establish shift patterns, patterns and length of scheduled work days and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer shall 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 Xxxxxxx employees' representative at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the relevant Component this Agreement and the provisions of this article Article including the following: (1) if either Party wishes a change to existing work schedules 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 xxxxxxx or designated Employer representative. If a change is requested which involves more than one work site(1) worksite, notice shall be given to the President of the Union or designated Ministry officialGeneral Manager; (3) the Parties shall have 14 five (5) days, from the date notice is given to reach agreement Agreement on work schedules; (4) if the Parties are unable to reach agreement Agreement within 14 five (5) days either 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 Master and Component Agreementsreference 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 relevant Component 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 relevant Component 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 Master or Component Collective Agreements 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 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 fourteen (14) days' notice, providing the length of 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. (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

Samples: Collective Agreement

Work Schedules. (a) Component Agreements This Agreement shall establish shift patterns, length of scheduled work days and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer shall 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. 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 Xxxxxxx employees' representative at the local level will establish seasonal work schedules based upon the shift patterns and hours of work clauses in the relevant Component 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 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 xxxxxxx or designated 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 designated Ministry officialGeneral 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 Master and Component Agreementsreference 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 relevant Component 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 relevant Component Agreement may be consideredparty. (31) The Party 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 Master or Component Collective Agreements 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 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 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. (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

Samples: Collective Agreement

Work Schedules. (a) Component Agreements shall This Article will establish shift patterns, length of scheduled work days and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer shall 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 Xxxxxxx 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 agreement including the following: (1) if either Party party wishes a change to existing work schedules 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 xxxxxxx or designated 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 Employer official; (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 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 Master and Component AgreementsCollective 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 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 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 Master or Component Collective Agreements Agreement except for the provisions of Clauses 14.2(e)(415.2(d) and 14.2(f15.2(e). (fe) 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 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 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 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 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. (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

Samples: Collective Agreement

Work Schedules. (a) Component Agreements Appendices A, B, C, D, E or F, as appropriate, shall establish shift patterns, length of scheduled work days workdays and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer shall determine, pursuant to the appropriate statutory authority, 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 Xxxxxxx xxxxxxx at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the relevant Component Agreement appendices and the provisions of this article including the following: (1) if either Party party wishes a change to existing work schedules 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 xxxxxxx or designated Employer employer representative. If a change is requested which involves more than one work siteworksite, notice shall be given to the President of the Union or designated Ministry employer 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 Master and Component AgreementsAppendices 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 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 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 Partyparty, however only work schedules which are consistent with the relevant Component Agreement appendices 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 Master or Component Collective Agreements 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 days' notice, providing the length of work day 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 Umpireumpire'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 AgreementAppendices A, B, C, D, E or F, the provisions of this article will apply.

Appears in 1 contract

Samples: Collective Agreement

Work Schedules. (a) Component Agreements This agreement shall establish shift patterns, length of scheduled work days workdays and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer shall determine, pursuant to the appropriate statutory authority, 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 Xxxxxxx union xxxxxxx at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the relevant Component Agreement agreement and the provisions of this article including the following: (1) if either Party party wishes a change to existing work schedules 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 xxxxxxx or designated Employer employer representative. If a change is requested which involves more than one work siteworksite, notice shall be given to the President of the Union or designated Ministry employer 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 Master and Component Agreementsagreement. (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 relevant Component Agreement 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 relevant Component Agreement 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 Master or Component Collective Agreements 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 days' notice, providing the length of work day 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 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 a Component Agreementan agreement, the provisions of this article will apply.

Appears in 1 contract

Samples: Collective Agreement

Work Schedules. (a) Component Agreements This article shall establish shift patterns, length of scheduled work days workdays and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer shall 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 Xxxxxxx union xxxxxxx 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 agreement including the following: (1) if If either Party party wishes a change to existing work 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 xxxxxxx or designated Employer employer representative. If a change is requested which involves more than one work siteworksite, notice shall be given to the President of the Union Union, or their designate, or designated Ministry employer official; (3) the Parties The parties shall have 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 days either Party 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 Master and Component Agreementsthis agreement. (1e) 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 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 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 an interim basis, assignment at a new or changed work schedule by giving 14 days notice, providing the length of work day location so far removed from their respective headquarters that overnight accommodation is not increased beyond nine hours required and providing the change is necessary because who are carrying out a project of an introduction expected or actual duration of a new program or a change to the hours of operation. However, under extenuating circumstances the over 14 days notice may be concurrent with the period of notice in (c)(3) abovedays. (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 mutual agreement or an Umpire's a day of rest. Notwithstanding the foregoing, a divisional field crew may by majority decision. (h) Either Party may grieve an Hours , 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 Work Umpire decision made 140 hours in a 28-day period shall, for record-keeping purposes 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 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 conflict with, equivalent time off. Such time off shall be scheduled by mutual agreement at the local level pursuant to (3) or are restricted by(4) below. For auxiliary employees, any provision uncompensated surplus hours will be adjusted in cash. (3) Banked time may 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 a Component Agreementthe annual schedule. (4) For each 28 days worked, the provisions employee shall earn eight days of this article will applyrest. 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 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

Samples: Collective Agreement

Work Schedules. (a) Component Agreements This Agreement shall establish shift patterns, length of scheduled work days and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer shall 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 Xxxxxxx employee's representative at the local level will establish seasonal work schedules based upon the shift patterns and hours of work clauses in the relevant Component this Agreement and the provisions of this article Article including the following: (1) if either Party wishes a change to existing seasonal work schedules 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 xxxxxxx or designated 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 designated Ministry officialGeneral 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 Master and Component Agreementsreference 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 relevant Component 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 relevant Component 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 Master or Component Collective Agreements 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 fourteen (14) days notice, providing the length of 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. (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

Samples: Collective Agreement

Work Schedules. (a) Component Agreements This Agreement shall establish shift patterns, length of scheduled work days workdays and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer shall determine, pursuant to the appropriate statutory authority, 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 Xxxxxxx employees' representative at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the relevant Component 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 operational requirements, as well as the following: (1) if If either Party party wishes a change to existing work 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 xxxxxxx or designated Employer representative. If a change is requested which involves more than one work site(1) worksite, notice shall be given to the President of the Union BCGEU Area Staff Representative or designated Ministry officialGeneral Manager; (3) the Parties 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 parties are unable to reach agreement within 14 fourteen (14) days either Party party may refer the matter to an expedited arbitration, pursuant to Clause 9.6 or Section 87 pursuant to Clause 8.4 and the terms of reference within this Article. (5) Where no agreement has been reached, there shall be no change to the Hours of Work Umpire on 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 appropriate form. date that the parties agree to refer the matter to an Arbitrator pursuant to (dc) 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 Master and Component Agreements.(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 relevant Component 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 relevant Component 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 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 Master or Component Collective Agreements Agreement except for the provisions of Clauses 14.2(e)(44.2(d)(3) and 14.2(f14.2(e). (fiv) The Parties 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 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 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 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. (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

Samples: Collective Agreement

Work Schedules. (a) Component Agreements agreements shall establish shift patterns, length of scheduled work days workdays and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer shall 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 Xxxxxxx union xxxxxxx at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the relevant Component Agreement agreement and the provisions of this article including the following: (1) if either Party party wishes a change to existing work schedules 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 xxxxxxx or designated Employer employer representative. If a change is requested which involves more than one work site(1) worksite, notice shall be given to the President of the Union or designated Ministry BPCPA official; (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 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 Master and Component Agreementsagreements. (1) The Umpire shall have 14 fourteen (14) days, which may be extended by mutual agreement of the principals 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 Component Agreement 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 relevant Component Agreement 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 Master or Component Collective Agreements collective 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 fourteen (14) days' notice, providing the length of work day 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 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 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 a Component Agreementthe agreement, the provisions of this article will apply.

Appears in 1 contract

Samples: Collective Agreement

Work Schedules. The Employer shall schedule the hours of work as follows: (a) Component Agreements before posting a schedule the Employer shall establish shift patterns, length of scheduled work days 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, pursuant to be posted at least fourteen (14) days before the appropriate statutory authority, when various services are provided (hours 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 Xxxxxxx 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:regular employee(s); (1) if either Party wishes once a change shift is assigned to existing a regular or auxiliary employee, the employee is entitled and obligated to work schedules it shall provide that shift, except the other Party with the earliest possible advance notice in writingemployee may exchange shifts as per (d)(2) below; (2) if employees may exchange shifts with the approval of the Employer, provided that whenever possible, sufficient advance notice is given and provided that there is not an increased cost to the Employer; (e) a change 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, depending on the program; (f) the Employer shall schedule no less than two (2) consecutive days off in any calendar week; (g) the Employer agrees not to schedule split shifts. The regular full-time employees shall not be required to work three (3) different shifts in any six (6) consecutive day period posted in their work schedules. (h) the Employer shall schedule in a manner that will allow full-time employees to have as many weekends off as possible; (i) in the event there is requested only a dispute between the Parties at the local level, the notice shall be given Employer may implement, on an interim basis, a new or changed work schedule by giving fourteen (14) days notice, providing the length of work day 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 appropriate Union xxxxxxx or designated Employer representative. If a change is requested which involves more than one work site, notice shall be given to the President hours of the Union or designated Ministry officialoperation; (3j) any dispute over hours of work or scheduling may be referred by the Parties Union to arbitration. Where the proposed change is within existing hours of operation, no change shall have 14 days, from the date notice is given to reach be made without mutual agreement on work schedulesor an arbitrator's award; (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 Master 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: (ik) 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 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 arbitrator or arbitration board is determining a schedule in accordance with the provisions of this article the following will also applybe met: (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 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) if the above criteria are satisfied, consideration shall also be given to regular 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 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 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. (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

Samples: Collective Agreement

Work Schedules. (a) Component Agreements This article shall establish shift patterns, length of scheduled work days workdays and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer shall 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 Xxxxxxx union xxxxxxx at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the relevant Component this Agreement and the provisions of this article including the following: (1) if If either Party party wishes a change to existing work 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 xxxxxxx or designated Employer employer representative. If a change is requested which involves more than one work siteworksite, notice shall be given to the President of the Union Union, or their designate, or designated Ministry employer official; (3) the Parties The parties shall have 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 days either Party 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 Master and Component Agreementsthis Agreement. (1e) 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 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 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 scheduled days notice, providing the length shall be of 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 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 an Hours incorporate "seasonal periods". The seasonal periods shall not exceed a total of Work Umpire decision made pursuant to Clause 14.2 on six months. Both the grounds 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 award contravenes number of consecutive days worked does not exceed 14. For the requirements purpose of Clause 14.2(e) or Clause 14.2(f). The grievance may this Agreement, the term "seasonal period" shall be filed considered to a mutually agreed upon Hours be the traditional seasonal period of Work Arbitrator within 14 days of increased activity for the receipt of the Umpire's award. The Hours of Work Arbitrator shall render a decision within 14 days of the conclusion of the hearingemployees involved. (i1) If 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 expected or actual duration of 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 the provisions of this article are 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 conflict with, equivalent time off. Such time off shall be scheduled by mutual agreement at the local level pursuant to (3) or are restricted by(4) below. For auxiliary employees, any provision uncompensated surplus hours will be adjusted in cash. (3) Banked time may 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 a Component Agreementthe annual schedule. (4) For each 28 days worked, the provisions employee shall earn eight days of this article will applyrest. 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 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

Samples: Collective Agreement

Work Schedules. (a) Component Agreements The appropriate classification series appendix shall establish shift patterns, length of scheduled work days workdays and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer shall 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 Xxxxxxx union xxxxxxx at the local level will establish work schedules based upon the shift patterns and hours of work clauses articles as contained in the relevant Component Agreement appropriate classification series appendix of this agreement and the provisions of this article including the following: (1) if either Party party wishes a change to existing work schedules 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 levelrequested, the notice shall be given to the appropriate Union union xxxxxxx or designated Employer representative. If a change is requested which involves more than one work site, employer representative and notice shall be given to the President of the Union or designated Ministry officialtheir 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 Master and Component Agreementsdisputes. (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 relevant Component 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 relevant Component Agreement appropriate classification series appendix 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 Master or Component Collective Agreements this agreement except for the provisions of Clauses Articles 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 work day 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) 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 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. . (iHours) If any (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 the provisions 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 this article are in conflict with, or are restricted by, any provision 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 a Component Agreement, the provisions of this article will apply.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

Samples: Collective Agreement

Work Schedules. (a) Component Agreements shall This article will establish shift patterns, length of scheduled work days workdays and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer Authority shall 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 Xxxxxxx union xxxxxxx at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the relevant Component this Agreement and the provisions of this article including the following: (1) if either Party party wishes a change to existing work schedules 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 xxxxxxx or designated Employer representativeAuthority representative and copied to the Joint Consultation Committee Co-Chairpersons. If a change is requested which involves more than one work siteworksite, notice shall be given to the President of the Union or designated Ministry Authority 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 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 Master and Component AgreementsCollective 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 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 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 Master or Component Collective Agreements 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 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 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. (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

Samples: Collective Agreement

Work Schedules. (a) Component Agreements This Agreement shall establish shift patterns, length of scheduled work days workdays and, where appropriate, averaging periods to meet the annual hours of work, pursuant to Clause 14.9. (b) The Employer shall 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 Xxxxxxx employees' representative at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the relevant Component this Agreement and the provisions of this article Article including the following: (1) if either Party wishes a change to existing work schedules 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 xxxxxxx or designated Employer representative. If a change is requested which involves more than one work site(1) worksite, notice shall be given to the President of the Union or designated Ministry officialthe Company President or his designate; (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 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 Master and Component Agreementsreference 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 relevant Component 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 relevant Component 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 Master or Component Collective Agreements 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 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 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 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. (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

Samples: Collective Agreement

Work Schedules. (a) Component Agreements shall This article will establish shift patterns, length of scheduled work days workdays and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer BCER shall 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 Xxxxxxx union xxxxxxx 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 agreement including the following: (1) if either Party party wishes a change to existing work schedules 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 xxxxxxx or designated Employer BCER representative. If a change is requested which involves more than one work siteworksite, notice shall be given to the President of the Union or designated Ministry BCER 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 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 Master and Component Agreementscollective 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 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 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 Master or Component Collective Agreements collective agreements except for the provisions of Clauses 14.2(e)(415.2(d) and 14.2(f15.2(e). (fe) 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 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 parties at the local level, the Employer BCER may implement, on an interim basis, a new or changed work schedule by giving 14 days days’ notice, providing the length of work day 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. (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

Samples: Collective Agreement

AutoNDA by SimpleDocs

Work Schedules. (a) Component Agreements shall establish shift patterns, length of scheduled work days and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer shall 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 Xxxxxxx 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 it shall provide the other 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 xxxxxxx or designated 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 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 Master 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;retroactive;‌‌‌‌‌‌‌ (ii) the hours of work schedule awarded shall not contain scheduled overtime; (iii) the decision must not interpret the Master or Component Collective 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 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 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 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

Samples: Master Agreement

Work Schedules. (a) Component Agreements This Agreement shall establish shift patterns, length of scheduled work days and, where appropriate, averaging periods to meet the annual hours of work, pursuant to Clause 14.9. (b) The Employer shall 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 Xxxxxxx employees' representative at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the relevant Component this Agreement and the provisions of this article Article including the following: (1) if either Party wishes a change to existing work schedules 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 xxxxxxx or designated Employer representative. If a change is requested which involves more than one work site(1) worksite, notice shall be given to the President of the Union or designated Ministry officialthe Company President or his designate; (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 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 Master and Component Agreementsreference 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 relevant Component 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 relevant Component 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 Master or Component Collective Agreements 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 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 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 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. (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

Samples: Collective Agreement

Work Schedules. (a) Component Agreements This Agreement shall establish shift patterns, length of scheduled work days workdays and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer shall 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. 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 Xxxxxxx employees' representative at the local level will establish seasonal work schedules based upon the shift patterns and hours of work clauses in the relevant Component this Agreement and the provisions of this article Article including the following: (1) if either Party wishes a change to existing seasonal work schedules 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 xxxxxxx or designated 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 designated Ministry officialGeneral 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 Master and Component Agreementsreference 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 relevant Component 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 relevant Component 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 Master or Component Collective Agreements 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 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 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 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. (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

Samples: Collective Agreement

Work Schedules. The Employer shall include the hours of work as follows: (a) Component Agreements Before posting a schedule, the Employer shall establish shift patterns, length of scheduled work days 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, pursuant to be posted at least fourteen (14) days before the appropriate statutory authority, when various services are provided (hours 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 Xxxxxxx 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 it shall provide the other Party with the earliest possible advance notice in writingregular employee(s); (2d) if A shift, for the purpose of this Article, shall be defined as seven (7) working hours in any eight (8) hour period a change 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, depending on the program; (e) The Employer shall schedule in a manner that will allow full-time employees to have as many weekends off as possible; (f) In the event that there is requested only a dispute between the Parties at the local level, the notice shall be given 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 appropriate Union xxxxxxx or designated Employer representative. If a change is requested which involves more than one work site, notice shall be given to the President hours of the Union or designated Ministry officialoperation; (3g) Any dispute over hours of work or scheduling may be referred by the Parties Union to arbitration. Where the proposed change is within existing hours of operation, no change shall have 14 days, from the date notice is given to reach be made without mutual agreement on work schedulesor an arbitrator’s award; (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 Master 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 Master or Component Collective Agreements except for the provisions of Clauses 14.2(e)(4) and 14.2(f). (fh) The Parties recognize that 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 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 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. (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

Samples: Collective Agreement

Work Schedules. (a) Component Agreements shall establish shift patterns, length Shift patterns and lengths of scheduled work days and, where appropriate, averaging periods workdays to meet the annual hours of workwork shall be established by mutual agreement. (b) The Employer shall determine, pursuant to the appropriate statutory authority, 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 Xxxxxxx employee's representative 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 Agreement, including the following: (1) if If either Party party wishes a change to existing work 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 xxxxxxx or designated Employer employer representative. If a change is requested which involves more than one work site(1) worksite, notice shall be given to the President of the Union or designated Ministry 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 Master 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 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 Agreements 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 fourteen (14) days notice, providing the length of work day 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 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 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.Existing shift patterns are as follows: (i) If any 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 provisions of this article are in conflict with, or are restricted by, any provision of a Component Agreement, employee's work schedule shall be maintained at the provisions of this article will applylocal level.

Appears in 1 contract

Samples: Collective Agreement

Work Schedules. (a) Component Agreements The appropriate Appendices 6, 7 or 8 shall establish shift patterns, length of scheduled work days workdays and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer shall 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 Xxxxxxx xxxxxxx at the local level will establish work schedules based upon the shift patterns and hours of work clauses as contained in the relevant Component 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 it shall provide the other Party with the earliest possible advance notice in writing; (2) if a change is requested only at the local levelrequested, the notice shall be given to the appropriate Union xxxxxxx or designated Employer representative. If a change is requested which involves more than one work site, representative and notice shall be given to the President of the Union or designated Ministry officialtheir 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 Master and Component Agreementsdisputes. (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 relevant Component 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 relevant Component 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 Master or Component Collective Agreements 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 days’ notice, providing the length of work day 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. (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

Samples: Collective Agreement

Work Schedules. (a) Component Agreements The appropriate Appendices 7 or 8 and Article 14 shall establish shift patterns, length of scheduled work days workdays and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer shall 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 Xxxxxxx union xxxxxxx at the local level will establish work schedules based upon the shift patterns and hours of work clauses as contained in the relevant Component Agreement appropriate Appendices 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 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 levelrequested, the notice shall be given to the appropriate Union union xxxxxxx or designated Employer representative. If a change is requested which involves more than one work site, employer representative and notice shall be given to the President of the Union or designated Ministry officialtheir 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 Master and Component Agreements.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 contained in the relevant Component 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 relevant Component Agreement appropriate Appendices 7 or 8 and Article 14 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 Master or Component Collective Agreements 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 days' notice, providing the length of work day 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 Umpireumpire'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 1 contract

Samples: Collective Agreement

Work Schedules. (a) Component Agreements shall This article will establish shift patterns, length of scheduled work days workdays and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer Commission shall 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 Xxxxxxx union xxxxxxx 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 agreement including the following: (1) if either Party party wishes a change to existing work schedules 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 xxxxxxx or designated Employer Commission representative. If a change is requested which involves more than one work siteworksite, notice shall be given to the President of the Union or designated Ministry Commission 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 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 Master and Component Agreementscollective 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 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 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 Master or Component Collective Agreements collective agreements except for the provisions of Clauses 14.2(e)(415.2(d) and 14.2(f15.2(e). (fe) 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 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 parties at the local level, the Employer Commission may implement, on an interim basis, a new or changed work schedule by giving 14 days days’ notice, providing the length of work day 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. (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

Samples: Collective Agreement

Work Schedules. ‌‌ (a) Component Agreements shall establish shift patterns, length Shift patterns and lengths of scheduled work days and, where appropriate, averaging periods workdays to meet the annual hours of workwork shall be established by mutual agreement. (b) The Employer shall determine, pursuant to the appropriate statutory authority, 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 Xxxxxxx employee's representative 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 Agreement, including the following: (1) if If either Party wishes a change to existing work schedules 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 xxxxxxx or designated Employer representative. If a change is requested which involves more than one work site(1) worksite, notice shall be given to the President of the Union or designated Ministry 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 Master 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. (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 Master or Component Collective Agreements 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 fourteen (14) days notice, providing the length of work day 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 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 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.Existing shift patterns are as follows: (i) If any 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 provisions 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 article are in conflict withagreement, or are restricted by, any provision new positions created and vacant positions may include Saturday and/or Sunday as a regular workday. Postings for these positions shall state the consecutive days of a Component Agreement, work. (3) No regular employee hired prior to the provisions date of ratification of this agreement shall be required to work Saturday or Sunday as a regular workday, unless the employee 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. This article will applycease to apply effective April 1, 2005. All employees currently entitled to this benefit will be grandfathered for the duration of their employment with the Employer. (5) No employee shall be laid off or have their hours of work reduced as a result of this Article.

Appears in 1 contract

Samples: Collective Agreement

Work Schedules. (a) Component Agreements shall establish shift patterns, length Shift patterns and lengths of scheduled work days and, where appropriate, averaging periods workdays to meet the annual hours of workwork shall be established by mutual agreement. (b) The Employer shall determine, pursuant to the appropriate statutory authority, 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 Xxxxxxx employee's representative 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 Agreement, including the following: (1) if If either Party party wishes a change to existing work 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 xxxxxxx or designated Employer employer representative. If a change is requested which involves more than one work site(1) worksite, notice shall be given to the President of the Union or designated Ministry employer official;. (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 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 Master 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 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 Agreements 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 fourteen (14) days notice, providing the length of work day 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 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 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.Existing shift patterns are as follows: (i) If any 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 provisions of this article are in conflict with, or are restricted by, any provision of a Component Agreement, employee's work schedule shall be maintained at the provisions of this article will applylocal level.

Appears in 1 contract

Samples: Collective Agreement

Work Schedules. 24.01 Work schedules covering a four (a4) Component Agreements week period will be posted at least one (1) week in advance. No changes shall establish shift patternsbe made in the schedule of the employees once the schedule has been posted, length unless the Employer and the affected employee(s) concerned agree otherwise which agreement shall not be unreasonably withheld. Employee requests for a specific day off must be submitted to the Administrator two (2) weeks in advance of scheduled work days and, where appropriate, averaging periods to meet posting. The granting or denial of such requests shall be at the annual hours discretion of workthe Employer and such discretion shall not be unreasonably withheld. (b) 24.02 The Employer shall determinearrange shifts so that each employee shall have a free weekend every second weekend unless weekend work is agreed to by the employee or the employee is hired for the purposes of working on weekends. For the purposes of this Article, pursuant a weekend is considered to be a Saturday and Sunday, unless otherwise mutually agreed. 24.03 Except where mutually agreed otherwise between the Employer and an employee, shift schedules shall be arranged so that an employee is not scheduled to work more than seven (7) consecutive days. 24.04 Employees will not be required to rotate over three shifts unless mutually agreed upon or unless they were hired with the understanding that they would be required to rotate their shifts. 24.05 The Employer will arrange shifts such that there will be a minimum of ten (10) hours between shifts and change over of shifts except in the cases of emergency and/or call-ins to which overtime will not be paid until seven and one-half (7.5) hours have been completed in any calendar day. a. An employee who wishes to exchange workday(s) or give away shift(s) to other qualified employees must make a request twenty-four (24) business hours in advance and receive their Supervisor's written approval. Approval will be subject to the appropriate statutory authority, when various services are provided (hours staffing needs of operation), the classifications facility. The resulting staff changes to accommodate the request will not require the payment by the Employer of positions any overtime. b. If a request is denied and the numbers of employees employee fails to report for the shift then she will be required to provide the services. (c) The Employer's designate and the Union Xxxxxxx submit a medical certificate indicating illness 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 it shall provide the other Party with the earliest possible advance notice in writing; (2) if a change is requested only at the local levelemployee’s expense except where extenuating circumstances, the notice shall be given to the appropriate Union xxxxxxx or designated 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 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 Master 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 Master or Component Collective 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 acceptable 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 equityprevail. (1) In c. An employee who accepts a shift outside of her classification must be willing and able to perform 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 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 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 duties 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 hearingjob without additional training. (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

Samples: Collective Agreement

Work Schedules. (a) Component Agreements This Agreement shall establish shift patterns, patterns and length of scheduled work days workdays and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer shall 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 Xxxxxxx employees' representative at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the relevant Component this Agreement and the provisions of this article Article including the following: (1) if either Party wishes a change to existing work schedules 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 xxxxxxx or designated Employer representative. If a change is requested which involves more than one work site(1) worksite, notice shall be given to the President of the Union or designated Ministry officialGeneral Manager; (3) the Parties shall have 14 five (5) days, from the date notice is given to reach agreement Agreement on work schedules; (4) if the Parties are unable to reach agreement Agreement within 14 five (5) days either 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 Master and Component Agreementsreference 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 relevant Component 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 relevant Component 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 Master or Component Collective Agreements 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 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 fourteen (14) days' notice, providing the length of 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. (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

Samples: Collective Agreement

Work Schedules. (a) Component Agreements This article shall establish shift patterns, length of scheduled work days workdays and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer shall 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 Xxxxxxx union xxxxxxx at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the relevant Component Agreement this agreement and the provisions of this article including the following: (1) if either Party party wishes a change to existing work schedules 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 xxxxxxx or designated Employer employer representative. If a change is requested which involves more than one work siteworksite, notice shall be given to the President of the Union or designated Ministry employer 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 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 Master and Component Agreementsthis agreement. (1e) 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 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 Master or Component Collective Agreements collective agreement except for the provisions of Clauses 14.2(e)(414.2(c)(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 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 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 work day 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 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 1 contract

Samples: Collective Agreement

Work Schedules. (a) Component Agreements shall establish shift patterns, length of 3.1 The regularly scheduled work days andweek shall be forty (40) hours per week five (5) consecutive days, where appropriateexcept for employees in continuous operations not normally scheduled Monday to Friday. Those employees in continuous operations will be assigned a schedule. The Authority shall continue to normally schedule those employees who are now working a five (5) day - forty (40) hour, averaging periods Monday to meet Friday schedule in the annual same manner. Where necessary, the Authority may assign weekend duty to any employees provided such employee(s) have been given forty-eight (48) hours advance notice except in a bona fide emergency. If an employee feels he or she has been assigned an excessive amount of workweekend duty, he or she may file a grievance through the grievance procedure at either Step 1 or Step 3. Schedules will not be changed to avoid overtime. (b) The Employer shall determine, pursuant 3.2 In the event it becomes necessary to change the appropriate statutory authority, when various services are provided (hours starting time of operation)a shift, the classifications Authority will post a notice seventy-two (72) hours in advance of positions such change. The manager of the Installation shall notify and confer (explain) with the numbers President and/or Vice President of employees required the Union. If they are not at work, then the Chief Shop Xxxxxxx of the Union, before effecting a change. This shall be done to provide ensure that the servicesrotation of the seniority roster will be followed. These changes shall not require the approval of the Union before effecting this change. (c) The Employer's designate and the Union Xxxxxxx 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 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 xxxxxxx or designated Employer representative. If a change is requested which involves 3.3 When more than one work site, 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 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 Master 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 Master or Component Collective 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 shift per day with a given classification is in effect, employees within such classification will be given preference of shifts in accordance with their seniority and qualifications. Such preference will be exercised only when vacancies occur or when for other reasons changes in the number of employees per shift are being made. 3.4 When exercising his/her preference of shift over a less senior employee in accordance with Section 3.3 above, a senior employee with qualifications will not be required to wait longer than ninety (90) days. 3.5 Shift changes, or changes in hours of operation work, will not be used for disciplinary action. 3.6 Wherein the nature of work involved requires continuous operations on a twenty-four (24) hour per day, seven (7) days per week basis, employees will have their schedules arranged in a manner which will provide adequate coverage on all shifts. Management shall set this schedule. 3.7 If an employee is less than fifteen (15) minutes late, he or she will not be sent home, even if a replacement has been obtained, unless the employee has abused this privilege or is a chronic absentee. Even if an employee is not sent home, he or she is still subject to disciplinary action. Abuse shall be defined as more than one day per month. It is expressly understood, however, that employees may be docked for the loss of such time. 3.8 Employees working late shifts and shall consider unusual or seasonal demands and functionally linked work groups within and without employees who are on vacation may pick up paychecks on the bargaining unit;normal payday at the Authority's office during its normal business hours, 9:00 A.M. to 4:30 P.M. 3.9 Sick call-in is required by all employees. Operators are required to call in at least two (2) work schedule changes, within existing hours of operation, must not result before their scheduled shift. Outside employees are required to call in increased cost at a reasonable time before their scheduled workday. All employees are required to the Employer and where possible shall result call in decreased cost to the Employer and/or improved efficiency and/or improved service to the public. The onus of proof shall if they will be on the Employer to prove decreased cost; (3) consideration shall also be given to employee preferences, fairness and equitylate at a reasonable time before their scheduled workday. (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 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 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. (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

Samples: Collective Bargaining Agreement

Work Schedules. (a) Component Agreements This Agreement shall establish shift patterns, length of scheduled work days workdays and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer shall 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 Xxxxxxx union xxxxxxx at the local level will establish work schedules based upon the shift patterns and hours of work clauses articles in the relevant Component this Agreement and the provisions of this article including the following: (1) if either Party party wishes a change to existing work schedules 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 xxxxxxx or designated Employer employer representative. If a change is requested which involves more than one work siteworksite, notice shall be given to the President of the Union or designated Ministry officialemployer representative; (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 grievance, pursuant to Article 8, to Xxxxx Xxxxxxxx, 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 Master and Component Agreementsmutually 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 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 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 Master or Component Collective Agreements 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 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 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 work day 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)(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. (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

Samples: Collective Agreement

Work Schedules. (a) Component Agreements This agreement shall establish shift patterns, length of scheduled work days workdays and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer shall 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. 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 Xxxxxxx employees' representative at the local level will establish seasonal work schedules based upon the shift patterns and hours of work clauses in the relevant Component Agreement this agreement and the provisions of this article including the following: (1) if either Party party wishes a change to existing seasonal work schedules 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 xxxxxxx or designated Employer employer representative. If a change is requested which involves more than one work site(1) worksite, notice shall be given to the President of the Union or designated Ministry officialGeneral 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 Master and Component Agreementsreference 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 relevant Component 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 relevant Component 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 Master or Component Collective Agreements 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 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 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 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. (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

Samples: Collective Agreement

Work Schedules. (a) Component Agreements shall establish The following table establishes full-time shift patterns, length of scheduled work days 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, pursuant to the appropriate statutory authority, 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 Xxxxxxx xxxxxxx at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the relevant Component Agreement appendices and the provisions of this article including the following: (1) if either Party party wishes a change to existing work schedules 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 xxxxxxx or designated Employer employer representative. If a change is requested which involves more than one work siteworksite, notice shall be given to the President of the Union or designated Ministry employer 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 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 Master and Component Agreementscollective agreement. (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 collective agreement and the relevant Component Agreement appendix, as appropriate, 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 collective agreement and relevant Component Agreement appendix 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 Master or Component Collective Agreements 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 days' notice, providing the length of work day 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 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 1 contract

Samples: Collective Agreement

Work Schedules. (a) Component Agreements shall establish shift patterns, length Shift patterns and lengths of scheduled work days and, where appropriate, averaging periods workdays to meet the annual hours of workwork shall be established by mutual agreement. (b) The Employer shall determine, pursuant to the appropriate statutory authority, 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 Xxxxxxx employee's representative 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 Agreement, including the following: (1) if If either Party party wishes a change to existing work 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 xxxxxxx or designated Employer employer representative. If a change is requested which involves more than one work site(1) worksite, notice shall be given to the President of the Union or designated Ministry 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 Master 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 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 Agreements 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 fourteen (14) days notice, providing the length of work day 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 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 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.Existing shift patterns are as follows: (i) If any 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 provisions of this article are in conflict with, or are restricted by, any provision of a Component Agreement, employee's work schedule shall be maintained at the provisions of this article will applylocal level.

Appears in 1 contract

Samples: Collective Agreement

Work Schedules. (a) Component Agreements The appropriate Appendices 6, 7 or 8 shall establish shift patterns, length of scheduled work days workdays and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer shall 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 Xxxxxxx union xxxxxxx at the local level will establish work schedules based upon the shift patterns and hours of work clauses as contained in the relevant Component 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 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 levelrequested, the notice shall be given to the appropriate Union union xxxxxxx or designated Employer representative. If a change is requested which involves more than one work site, employer representative and notice shall be given to the President of the Union or designated Ministry officialtheir 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 Master and Component Agreementsdisputes. (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 relevant Component 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 relevant Component 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 Master or Component Collective Agreements 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 days’ notice, providing the length of work day 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 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. (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

Samples: Collective Agreement

Work Schedules. (a) Component Agreements This Agreement shall establish shift patterns, start and finish times, length of scheduled work days and, where appropriate, appropriate averaging periods to meet the annual hours of work. (b) The Employer shall determine, pursuant to the appropriate statutory authority, determine when various services are provided (hours of operation), the classifications of positions and the numbers number of employees required to provide the services. (c) The Employer's designate and the Union Xxxxxxx at xxxxxxx within the local level work group will by mutual agreement 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 it shall provide the other Party with the earliest possible advance notice in writing; (2) if a change is requested only at within the local levelwork group, the notice shall be given to the appropriate Union xxxxxxx or designated Employer representative. If a change is requested which involves more than one work site, (1) seniority block notice shall be given to the President of the Union Union's Area Representative or designated Ministry officialGeneral Manager; (3) the Parties shall have 14 days, 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 expedited arbitration, pursuant to Article 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 the provisions of the Master and Component Agreementsschedule until mutual agreement has been achieved or an arbitrators decision has been rendered. (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 relevant Component 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 relevant Component 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 Master or Component Collective 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 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 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. (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

Samples: Collective Agreement

Work Schedules. (a) Component Agreements shall establish shift patterns, length Shift patterns and lengths of scheduled work days and, where appropriate, averaging periods workdays to meet the annual hours of workwork shall be established by mutual agreement. Agreement will not be unreasonably withheld. (b) The Employer shall determine, pursuant to the appropriate statutory authority, 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 Xxxxxxx employee's representative 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 Agreement, including the following: (1) if If either Party party wishes a change to existing work 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 xxxxxxx or designated Employer employer representative. If a change is requested which involves more than one work site(1) worksite, notice shall be given to the President of the Union or designated Ministry 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 Master 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 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 Agreements 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 fourteen (14) days notice, providing the length of work day 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 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 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.Existing shift patterns are as follows: (i) If any 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. Agreement will not be unreasonably withheld. (3) A record of the provisions of this article are in conflict with, or are restricted by, any provision of a Component Agreement, employee's work schedule shall be maintained at the provisions of this article will applylocal level.

Appears in 1 contract

Samples: Collective Agreement

Work Schedules. (a) Component Agreements This Agreement shall establish shift patterns, length of scheduled work days workdays and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer shall determine, pursuant to the appropriate statutory authority, 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 Xxxxxxx employees' representative at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the relevant Component 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 party wishes a change to existing work 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 xxxxxxx or designated Employer representative. If a change is requested which involves more than one work site(1) worksite, notice shall be given to the President of the Union or designated Ministry official;General Manager. (3) the Parties 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 parties are unable to reach agreement within 14 fourteen (14) days either Party 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 Master and Component Agreementsparties 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 relevant Component 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 relevant Component 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 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 Master or Component Collective Agreements Agreement except for the provisions of Clauses 14.2(e)(414.2(d)(3) and 14.2(f14.2(e). (fiv) The Parties 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 parties at the local level, the Employer may implement, on an interim basis, a new or changed work schedule by giving 14 days noticefourteen (14) days' notice subject to the provisions of (c)(5) above, providing the length of 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 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. (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

Samples: Collective Agreement

Work Schedules. (a) Component Agreements agreements shall establish shift patterns, length of scheduled work days workdays and, where appropriate, averaging periods to meet the annual hours of work. (b) The Employer shall 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 Xxxxxxx union xxxxxxx at the local level will establish work schedules based upon the shift patterns and hours of work clauses in the relevant Component Agreement component agreement and the provisions of this article including the following: (1) if either Party party wishes a change to existing work schedules 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 xxxxxxx or designated Employer employer representative. If a change is requested which involves more than one work siteworksite, notice shall be given to the President of the Union or designated Ministry 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 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 Master Main and Component Agreementscomponent 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 relevant Component Agreement 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 relevant Component Agreement 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 Master Main or Component Collective Agreements 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 work day 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 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 1 contract

Samples: Public Service Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!