AGREEMENT

BETWEEN

THE BOARD OF TRUSTEES

AND

THE CANADIAN UNION OF PUBLIC EMPLOYEES

1996-1999

ARTICLE -   1  Relations
ARTICLE -   2  Term of Agreement
ARTICLE -   3  Recognition
ARTICLE -   4  Management Rights
ARTICLE -   5  Employment
ARTICLE -   6  Promotions and Transfers
ARTICLE -   7  Layoff and Recall
ARTICLE -   8  Discipline, Suspension & Termination of Employment
ARTICLE -   9  Hours of Work
ARTICLE - 10  Salaries
ARTICLE - 11  Overtime
ARTICLE - 12  Sick Leave
ARTICLE - 13  Leave of Absence
ARTICLE - 14  Parental Leave of Absence
ARTICLE - 15  General Holidays
ARTICLE - 16  Annual Vacation
ARTICLE - 17  Group Benefit Plans
ARTICLE - 18  Alberta Health Care Insurance
ARTICLE - 19  Supplement to the Workers’ Compensation Board
ARTICLE - 20  Retirement
ARTICLE - 21 Pension Plan
ARTICLE - 22 Union Dues
ARTICLE - 23 Seniority
ARTICLE - 24 Grievance Procedure
ARTICLE - 25 Car Allowance
ARTICLE - 26 Safety Committees
ARTICLE - 27 Protective Clothing
ARTICLE - 28 Employee Security
ARTICLE - 29 Tool Allowance
ARTICLE - 30 Provisions Applicable to Ten-Month Employees
ARTICLE - 31 Retroactivity
ARTICLE - 32 Facility Management Program Qualifications
ARTICLE - 33 Technological Change – Training Benefits
ARTICLE - 34 Classroom Moves
Addendum
Appendix "A"
Appendix "B"
Appendix "C"
Letter of Intent - Short-Term Disability
Letter of Understanding - Application of Articles 5.07.1, 5.07.2 and 6.02
Letter of Intent – Building Operator B & A
Letter of Intent – Labour/Management Forum
Letter of Understanding –Task Force
Letter of Understanding – Article 32
Letter of Understanding – Reorganization of Agreement
Letter of Intent – Nine (9) Day Fortnight
Letter of Intent – Contracting Out
Letter of Intent – Regrades

THIS AGREEMENT IS MADE THIS April 20th DAY OF 1998.

BETWEEN: The Board of Trustees of the Calgary Board of Education of the Province of Alberta, in this Agreement called "the Board,"

and

The Canadian Union of Public Employees, Local 40, in this Agreement called "the Union."

 

The Board and the Union agree as follows:

ARTICLE 1 - RELATIONS

1.01   It is the desire of both parties to this Agreement to maintain the existing harmonious relations between the Board and the Union, to promote cooperation and understanding between the Board and its employees, to recognize the mutual value of joint discussions and negotiations in all matters pertaining to working conditions, hours of work and scale of wages, to encourage economy of operation and to promote the morale, well-being and security of all the employees included in the Bargaining Unit.

1.02   The Board and the Union mutually agree that at no time shall either organization, or any of their officials show discrimination against any of the employees covered by this Agreement because of their connection with the Union, or on account of creed, colour, nationality, sex, sexual orientation, marital status, political belief, age or disability.

1.03   The Board and the Union recognize the right of all employees to work in an environment free from harassment.

1.04   The parties shall establish a Labour-Management forum for the purposes of creating and maintaining positive relations and effective communication as well as addressing work-related issues not covered by this Collective Agreement. The membership, structure and decision making process of this forum shall be mutually determined but will include equal representation and this forum will meet a minimum four (4) times per year. Management representation shall include one (1) trustee.

Union representation shall be appointed by the Union Executive. The Union maintains their right to full recourse through the grievance procedure.

Minutes of the meetings shall be forwarded to all representatives to this forum in a timely fashion.

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ARTICLE 2 - TERM OF AGREEMENT

2.01   This Agreement shall be in full force and effect as of the 1st of September, 1996 and shall continue in full force and effect through the 31st day of August, 1999 and from year to year thereafter, except as herein provided.

2.02   Either party may terminate this Agreement on any anniversary date by notice, in writing, to the other party not less than sixty (60) days nor more than one hundred and twenty (120) days prior to the anniversary date of this Agreement.

2.03   Either party wishing to amend this Agreement shall give notice in writing of such desire to the other party not less than sixty (60) days nor more than one hundred and twenty (120) days prior to the anniversary date of this Agreement.

2.04   If notice to negotiate, following any notice to terminate has been given by either party prior to such termination, or if notice to amend has been given by either party, prior to termination, this Agreement shall remain in full force and effect during any period of negotiations until bargaining procedures under the Labour Relations Code have been completed. When such negotiations extend beyond the anniversary date, the Agreement shall be in full force and effect during this period of negotiations until bargaining procedures under the Labour Relations Code have been completed or a strike/lockout occurs.

2.05   During the life of this Agreement, or while either party is under notice, or while negotiations for a further Agreement are in progress, there shall be no strikes or stoppages of work on the part of the employees, nor any lockout on the part of the Board.

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ARTICLE 3 - RECOGNITION

3.01   The Board and the Union agree that this Agreement shall cover all employees as defined in Certificate No. 525-92 of the Alberta Labour Relations Board dated September 14, 1992.

3.02   Amendments made by the Alberta Labour Relations Board, or by their successor to the Certificate No. 525-92 regarding Bargaining Unit composition shall be honoured by both parties to this Agreement

3.03   Where the words "he" or "his" occur, the interpretation includes "she" or "her".

3.04   The Union shall have the right at any time to have the assistance of the Canadian Union of Public Employees when dealing with or negotiating with the Board.

3.05   No employee shall be required or permitted to make any written or verbal agreement with the employer or the Union which conflicts with the terms of this Collective Agreement.

3.06   Employees may take part in any Union activity, including grievance handling, on Board property, at work sites, or during working hours, only after having obtained permission from Management responsible for that respective department. It is agreed that permission of Management will not be unreasonably withheld.

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ARTICLE 4 - MANAGEMENT RIGHTS

4.01   The right to control operations and to direct the work force is vested exclusively with Management, subject only to the restrictions provided in this Agreement.

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ARTICLE 5 - EMPLOYMENT

5.01 Definitions

5.01.1   Permanent employees are those who are included by the Certificate No. 525-92 and occupy a position permanently established by the Board and are subject to all other terms and conditions of this Agreement.

5.01.2   Probationary employees are those who, at commencement of employment with the Board, occupy a permanently established position for a trial period of six (6) months. This probationary period may be extended upon mutual agreement of Management and the Union.

5.01.3   Temporary employees are those who are employed by the Board to positions under the scope of this Agreement for a period not exceeding nine (9) consecutive months.

5.01.4   Seasonally engaged temporary staff are those who are employed by the Board during the spring and summer months for a project of a duration not exceeding a term of nine (9) consecutive months.

5.01.5   Ten-month employees shall be probationary or permanent employees occupying positions designated by the Board as ten-month positions.

5.02   No applicant shall be eligible for permanent employment unless the employee passes a medical examination approved by Management.

5.03   All newly hired employees for permanent positions shall be considered as probationary until they have completed six (6) months continuous service. Upon satisfactory completion of the probationary period, such employees shall become eligible for posted positions as per Article 6.

5.04.1   This provision applies only to those employees hired prior to May 1, 1994. Within a year from the date of engagement each Cleaner II shall secure a Building Operator's Certificate, Class B, under the provisions of the Boiler's Act of the Province of Alberta. A Cleaner II, upon receipt of a Building Operator's Certificate, Class B, shall have that certificate recorded with Management as soon as it is available.

5.04.2   The Board, at no cost to the employee, shall make provision for a Building Operator’s Course, on the employee’s time, to all caretaking staff who wish to attend said course. After obtaining the Building Operator B Certificate, the Facility Operator may apply to enroll in the Building Operator A training. After obtaining a Building Operator A Certificate, the Facility Operator is eligible to apply for the Facilities Management Program.

5.05   The duties of Facility Operators shall be established from time to time by Management. A copy of these duties, and all pertinent Calgary Board of Education Regulations, shall be available to the Facility Operators in each school as well as to the Union.

5.06   When meetings are held in schools, and for which Facility Operators are required, they shall be responsible for the proper care of all school property, as well as the opening and closing of the buildings under their charge. They shall advise Management forthwith of any violation of the Board’s regulations by organizations using the said schools, or of any loss or damage resulting therefrom, but shall not have any financial responsibility for such loss or damage.

5.07   When Calgary Board of Education related activities occur in schools during weekends, Management shall endeavour to provide for Facility Operator coverage where the situation and/or numbers of participants occupying the school or facility is deemed by Management to warrant such coverage. When Facility Operators are used in conjunction with the aforementioned activities, the Facility Operators shall operate in a manner outlined in Clause 5.06.

5.08.1   An employee who is temporarily promoted or seconded to a position outside the scope of the Union, shall maintain their seniority for a maximum of nine (9) months. This period of time may be extended by the mutual agreement of the Board and the Union. Should the employee prove unsatisfactory, or chooses not to remain in this position during this period, the employee shall revert to their former position, or its equivalent in pay, as soon as either becomes available.

5.08.2   During the period of temporary promotion or secondment outside the Bargaining Unit, the employee shall continue to pay Union dues as per Article 22. Further, it is understood that the employee will not be directly involved in the discipline of employees covered by this Collective Agreement.

5.08.3   The Board shall notify the Union, in writing and prior to placement, of situations where an employee is temporarily promoted or seconded.

5.09   Effective January 1, 1994, all new employees hired, and all employees currently employed in categories Cleaner I, Cleaner II or Cleaner III, will be reclassified to a Cleaner position. Refer to Appendix A for the new salary rates.

5.09.1   This provision applies to those part-time Cleaners hired after May 1, 1994.

An employee hired as a part-time Cleaner at Step I must successfully complete a probationary period (minimum six (6) months) to progress to Step II.

An employee at Step II will automatically progress to Step III in six (6) months.

An employee at Step III will automatically progress to Step IV in six (6) months.

For a part-time Cleaner to progress beyond Step IV the employee must successfully apply for a full-time Cleaner position and obtain a Building Operator's Certificate, Class B.

5.09.2   This provision applies to those full-time Cleaners hired after May 1, 1994.

An employee hired as a full-time Cleaner will be hired at Step II and must successfully complete a probationary period (minimum six (6) months) to progress to Step III.

An employee at Step III will automatically progress to Step IV in six (6) months.

For a full-time Cleaner at Step IV to progress to Step V, the employee must have successfully obtained the Building Operator's Certificate, Class B.

A full-time Cleaner at Step V will automatically progress to Step VI in six (6) months.

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ARTICLE 6 – PROMOTIONS AND TRANSFERS

6.01   Promotions shall be on the basis of seniority, providing the applicants have the required qualifications.

6.02.1   Within five (5) working days, unless mutually agreed otherwise, all vacancies for permanent positions including full-time Cleaner positions in non-high school/training facilities shall be posted via Broadcast Fax to all work locations for a period of eight (8) working days (excluding Cleaners Step I through Step VI in high school/training facilities and sick relief).

6.02.2   Cleaners at Step IV shall be required to obtain a Building Operator’s "B" Certificate before being considered for promotion.

6.02.3   Employees seeking promotion to the position of Facility Operator (First in Charge) Class 7, 8, or 9, should have had six (6) months experience as a Senior Facility Operator and have served in that capacity or be serving as a Facility Operator (First in Charge) Class 5, 6 or 7.

6.02.4   Employees holding the position of Facility Operator (First in Charge) or Senior Facility Operator will not normally be entitled to make application for vacancies, other than those vacancies arising from the creation of new positions, within twenty-four (24) months of their transfer or promotion to their present position.

Employees other than those referred to above will not normally be eligible to make application for vacancies within six (6) months of their transfer or promotion to their present position, other than those vacancies arising from the creation of a new position or when the vacancy within the same school or facility is a promotion. This Clause does not apply to employees working out of Highfield.

This Clause will not be used to restrict an employee’s opportunity for advancement (which includes a preferred location) within the system.

6.02.5   A posting will not be required where a vacant position is filled as a result of the application of Clause 6.05 and/or 6.06. Part-time Cleaners and Step Cleaner 1 and 2 vacancies shall be posted.

6.02.6   All postings shall include information as to whether the school is a year round school and/or if it is twinned with another school.

6.03   A copy of each posting for all vacancies referred to in Clause 6.02 shall be forwarded to the Secretary of the Union at the same time as they are sent out to the job sites.

6.04   An employee who is promoted within a department or accepts a position in another department shall be on a trial period for six (6) months. If the employee proves unsatisfactory, or chooses not to remain in this position during this period, they shall revert to their former position, or its equivalent in pay, as soon as either becomes available.

6.05   The Board maintains the right to transfer Facility Operators from one school to another whenever such a change is deemed by Management to make for more effective cooperation or greater efficiency within the staff.

6.06   Prior to transferring an employee in accordance with Clause 6.05, the Board shall discuss with the Union the circumstances for such a transfer and outline the reasons in writing.

6.07   Employees covered by this Collective Agreement and who are relocated only because of closure of their location, shall retain their regular salary when placed into another full time active position of lower classification. Employees so affected shall be transferred at the Board's discretion to a position equivalent to their former position at the earliest possible opportunity without the use of the posting procedure.

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ARTICLE 7 - LAY OFF AND RECALL

7.01   The Board shall have the right to lay off employees for proper or sufficient cause. The Union shall receive written notice of any such lay-offs that occur under the provisions of this Article.

7.02   The Board shall endeavour to provide four (4) weeks notice in writing to permanent employees laid off pending recall. However, in any event, permanent employees laid off pending recall shall be given two (2) weeks notice in writing or two (2) weeks pay in lieu of notice. The laid off employee shall maintain their current address and telephone number with Employee Services.

7.03   When lay-offs are necessary within a department, such layoffs shall be on the basis of reverse seniority provided the employee retained has the required qualifications and demonstrated abilities to do the available work. For the purpose of this Article, departments shall be defined in Article 23 of this Agreement.

7.04   Employees laid off due to the unavailability of work shall be recalled in order of seniority, provided they possess the required qualifications and ability to do the available work. Employees will be recalled at not less than the classification and number of hours at the time lay-off commenced.

7.05   Notwithstanding Clause 7.04, employees who have been laid off will have the option of accepting a temporary position at less pay or hours, without losing their recall rights. The laid off employee will automatically be promoted, on a seniority basis, to any future openings of more hours or more pay than the temporary position which they have accepted, up to the classification and hours held prior to lay-off.

7.06   New employees will not be hired within a department when employees are on lay-off due to the unavailability of work, when the employees laid off possess the qualifications and ability necessary for the work available.

7.07   Employees subject to recall, as in Clause 7.04, shall be notified by registered letter, forwarded to the last known address, with a copy provided to the Secretary of the Union.

7.08   An employee so notified shall advise Employee Services, in writing, within five (5) working days, of the intent to return to work.

7.09   Failure by an employee to report to work within ten (10) working days of receipt of the letter shall result in termination of employment.

7.10   Any employee who has not been recalled within one (1) year shall be regarded as terminated.

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ARTICLE 8 - DISCIPLINE, SUSPENSION AND TERMINATION OF EMPLOYMENT

8.01   The Board shall have the right to discipline, demote, suspend or discharge employees for proper or sufficient cause. The Union shall receive written notice of the discharge of any employee under the provisions of this Article.

8.02   Any employee who is to be disciplined must be notified by the Board of their right to Union representation, before such disciplinary action takes place.

8.03.1   Written reprimands or other disciplinary action shall remain on an employee’s file for not less than one (1) year and not more than three (3) years, depending on the gravity (severity) of the infraction. Provided there have been no further written reprimands or other disciplinary actions of a similar nature during this period, the document will be removed from the employee’s personnel file.

8.03.2   The Board shall state on each written reprimand or other disciplinary action the period for which it shall remain on the employee’s personnel file and that employee and the Union shall be so notified.

8.03.3   An employee shall have supervised access to their personnel file and be notified whenever a disciplinary report is placed on their file. The employee may reply, in writing, to any such reports contained in their file. Such replies shall be removed at the same time as the report responded to is removed.

8.03.4   It shall be a shared responsibility between the Board, the Union and the employee to ensure that the written reprimand or other disciplinary action is removed from the employee’s file. However, in no case shall the information contained in such be used against the employee past the removal date.

8.04   An employee covered by this Agreement may be dismissed for proper or sufficient cause whereupon the employee shall not be entitled to notice or pay. An employee who has been wrongfully dismissed or suspended and is later reinstated, shall be compensated in full for all regular time lost, at the employee's regular rate of pay.

8.05   Whenever a permanent employee's services are terminated, except as provided for in Clause 8.04, the employee shall receive written notice of termination of employment of at least:

(a) two (2) weeks, if the employee has been employed by the employer for less than four (4) years;

(b) four (4) weeks if the employee has been employed for four (4) years or more but less than six (6) years;

(c) five (5) weeks if the employee has been employed for six (6) years or more but less than eight (8) years;

(d) six (6) weeks, if the employee has been employed for eight (8) years or more but less than ten (10) years, or;

                    (e) eight (8) weeks if the employee has been employed for ten (10) years                       or more,or a sum of money equal to the wages the employee would have                       earned if the employee had worked their regular hours of work for the                       period of notice applicable to the employee, or a combination of a portion                       of the notice of termination required together with the money that is at                       least equal to the wages an employee would have earned, if such                       employee had worked their regular hours of work for the period of notice                       applicable to the employee under this Clause, that is not given.

8.06   All employees shall give two (2) weeks notice in writing of resignation.

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ARTICLE 9 - HOURS OF WORK

9.01   The regular working hours for employees shall be forty one and one-quarter (41 ¼) hours per week, eight and one-quarter (8 ¼) hours per day, all year except for the period specified in Clause 9.02. The basic rates of pay for these hours of work will be as specified in Appendix "A" of this Collective Agreement.

9.02.1   For eight (8) weeks, within the period commencing with the last week of June and ending at the end of the last week of the summer break, the regular hours of work for employees shall be thirty-three (33) hours per week, eight and one quarter (8 ¼) hours per day, for four consecutive days between Monday and Friday. Wherever possible, the eight (8) Fridays shall be consecutive.

9.02.2   It is not intended that this provision create additional accounting for new employees hired during the school year, or for those employees who leave the Board during the school year (i.e., those employees who terminate their employment with the Board during the school year shall not be reimbursed for the additional fifteen (15 ) minutes worked per day).

9.03   The lunch period shall be one-half (1/2) hour in duration during the spring break, Christmas holidays and the months of July and August. The lunch period shall be no shorter than one-half (1/2) hour and no longer than one and one-half (1 1/2) hours per day.

9.04   Any shift commencing after 3:30 p.m., or prior to 6:45 a.m., shall be paid for at the rate of eight and one-quarter (8 ¼) hours pay for seven and one-quarter (7 ¼) hours work. Employees shall be entitled to at least an eight (8) hour rest period between scheduled shifts or the employee shall be paid as per Clause 11.01.

9.05   Employees shall be entitled to two (2) fifteen (15) minute paid work breaks for each full day worked, one before the meal break and one after the meal break, times to be designated by Management.

Employees who are employed in a position with an F.T.E. of less than 1.0 shall receive one (1) fifteen (15) minute paid work break for each shift of three (3) to six (6) consecutive hours, and two (2) fifteen (15) minute paid work breaks for each shift of more than six (6) hours.

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ARTICLE 10 - SALARIES

10.01   Employees shall be paid in accordance with the salary schedule set out as Appendix "A" to this Agreement.

10.02.1   An employee who is designated to substitute in another position shall receive the employee’s regular rate of pay, or that of the position, whichever is greater. This Clause shall not be applicable to Sick Relief and Facility Operators when substitution applies to replacements during July and August, except vacation relief for the Facility Operators (First in Charge) in each high school where summer school is in session and for the Facility Operators in the Education Centre, Highfield Building and Viscount Bennett Centre. Any increase in pay shall be retroactive to the first applicable day.

10.02.2   When a Storesperson from the Materials Management Department is delegated to temporarily act as a Shipper/Receiver in a new school, the employee shall be paid the Shipper/Receiver’s rate of pay for the period of delegation.

10.03   When an employee is temporarily assigned to a position paying a lower rate, the employee’s rate shall not be reduced. In cases where the temporary assignment becomes permanent, or where the employee’s position is classified downward, the employee’s wages shall be red-circled at their previous rate of pay.

10.04   Pay day shall be every second Friday. With each pay day, employees shall receive a statement showing deductions and adjustments. If a pay day falls on a general holiday, then the pay day shall be the preceding Thursday.

10.05   An annual service award of three hundred dollars ($300) shall be paid to permanent employees on staff as of December 1 of each year and who have been employed by the Board for a period of not less than fifteen (15) continuous years. This shall also apply to personnel on sick leave or Extended Disability.

10.06   Upon successful completion of probation, and the possession of a Building Operator's Certificate, Class B, a Cleaner II shall be reclassified as a Cleaner III.

10.07   The Board and the Union agree that negotiations initiated by either party may be conducted during the life of the Agreement with respect to the classification of new or modified schools in the salary schedules.

10.08   New schools and modified schools scheduled to open during the life of this Agreement will be placed in the appropriate class when in operation. Schools which commence operations on a partial basis shall be staffed in accordance with need up to the rated full complement of the school. The Union will be informed regarding changes in classifications.

10.09   Classifications pertaining to departments as defined in Clause 23.04 shall be as set out in Appendix "A" and Appendix "B" of this Agreement and amended by the Board.

10.10   During the currency of this Agreement, pay rates for all newly created positions or for positions that are substantially changed, shall be subject to negotiations. If the pay rate is not resolved by negotiations, that matter shall be subject to grievance.

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ARTICLE 11 - OVERTIME

11.01   Overtime shall be paid at the rate of one and one-half (1 ½) times the employee's regular rate of pay for the first two (2) hours worked each day, after, or before, the employee's normal daily working hours and at the rate of double the employee's regular rate of pay for each hour worked daily beyond the first two (2) hours.

11.02   Two (2) times the employee's regular rate of pay shall be paid for all hours worked on the employee's second and consecutive subsequent days off. This does not apply to Saturdays during the months of July and August but includes general holidays which fall on a Monday.

11.03   Compensation for overtime worked may be taken in the form of overtime pay or time off in lieu as specified in Clause 11.01. The method of compensation for overtime worked shall be mutually agreed to by the employee and management.

11.04   Overtime rates shall apply to part-time employees only after they have worked eight (8) hours per day or forty (40) hours per week, and/or for work performed on holidays or regular days off.

11.05   Facility Operators in schools with two or more full-time caretaking staff shall mutually agree on overtime duty. If they cannot agree, or if the Facility Operators have private engagements occurring during the overtime period, overtime shall be assigned to available volunteers from the volunteer "overtime list."

When the employee agrees to an overtime assignment, they shall be responsible for locating a replacement worker should they not wish to work the prior agreed to overtime period within two (2) working days before the assignment was to begin. To facilitate this process, the employee shall have access to the volunteer "overtime list".

Requested changes made prior to the two (2) working days before the overtime was to begin shall continue to be the responsibility of Management.

Overtime shall be distributed as equitably as possible.

11.06   When, by reason of an emergency, an employee is called from home to work overtime, the employee shall be paid a minimum of four (4) hours pay based on the overtime rates contained in Clause 11.01.

11.07   Management will endeavour to provide twenty-four (24) hours' notice of overtime which can be anticipated and scheduled in advance.

11.08   Where Facility Operators are assigned to work during rental activities, (watchmen/security personnel), either before or after their regular shift, or at any time, they shall be paid as per Appendix "A" for such work, up to a maximum of eight (8) continuous hours. After eight (8) continuous hours, the provisions of Clause 11.01 shall apply.

At the conclusion of the work performed during rental activities (watchmen/security personnel), additional hour(s) spent performing regular Facility Operator duties (ie. cleaning) shall be paid according to Clause 11.01.

11.09   Cleaner I's will be permitted to work scheduled overtime in conjunction with a Facility Operator or Cleaner III.

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ARTICLE 12 - SICK LEAVE

12.01   An employee, upon commencement of employment for the first year in a permanent position, shall have access to two (2) days of sick leave for each full calendar month worked to a maximum of twenty-four (24) days. For the purpose of calculating sick leave, time on holidays, vacations and approved leaves of absence of four (4) weeks, or less, will be counted.

12.02   Effective January 1, 1997, a permanent employee with more than one (1) year of service, shall have access to ninety (90) calendar days of sick leave.

12.03   Upon return to regular duties following an absence due to illness, a permanent employee shall have access to:

12.03.1   Prior to the second year of employment, any unused portion of their sick leave as per Clause 12.01.

12.03.2   In the second and subsequent years of employment as defined in Clause 12.02, ninety (90) calendar days of sick leave.

12.03.3   For those permanent employees on the accumulative sick leave system as per Clause 12.05.3, the balance of their accumulated sick leave.

12.04   A permanent employee who has been absent due to illness for thirty (30) or more calendar days may be required to provide a medical certificate verifying that the employee is able to return to work on a continuing basis in order to reinstate the ninety (90) calendar days of sick leave.

12.05   Effective January 1, 1997, after ninety (90) calendar days of continuous disability due to illness, no further salary shall be paid and, upon approval of the carrier, the Extended Disability Plan shall take effect.

12.05.1   Notwithstanding Clause 12.05, a permanent employee who is on sick leave as of January 1, 1997 and, who has in excess of the amount of sick leave required to meet the elimination period under the Extended Disability Plan, shall have access to the balance of their bank of sick leave. Upon return to regular duties, the sick leave bank will be extinguished for the purposes of accessing sick leave and the employee will have access to ninety (90) calendar days of sick leave as per Clause 12.03.2.

12.05.2   A permanent employee who is in their second year of employment and who is on sick leave as of January 1, 1997, but has less than the sick leave required to meet the Extended Disability elimination period shall have Clause 12.02 applied to provide sick leave with pay for the remainder of the elimination period.

12.05.3   Permanent employees who opted out of the Long Term Disability Plan prior to September 1, 1972 shall have the option of remaining outside of the Extended Disability Plan. Should they decide to remain outside the plan, they shall retain their previously accumulated sick days and shall continue to accumulate unused sick leave at the rate of two (2) days per month (24 days per year) to a maximum of two hundred (200) days.

12.05.4   For employees who are covered by the Extended Disability Plan, sick days accrued to December 31, 1996 will be those paid in accordance with Clause 12.10.

12.06   Employees shall be eligible to sick pay provided that the illness of the employee which necessitates the absence of the employee is attested to, in writing, by a qualified medical practitioner (i.e. a registered physician, dentist or chiropractor) for the period of the employee’s absence.

The Board may not require the attestation in the event an employee submits a signed declaration setting forth the nature of such personal illness and that the period of illness necessitating the employee’s absence is five (5) working days or less.

12.07   For absences greater than five (5) days, an employee, to continue their sick leave, must have their qualified medical practitioner complete a Sick Leave Report to be forwarded to the Employee Services Unit. The information required on the Sick Leave Report shall indicate: 1) that the employee is unfit to work; 2) whether the employee is capable of performing modified work; 3) the date when the doctor will reassess the employee’s condition and/or the expected return to work date.

12.08   A Vocational Rehabilitation Program shall be made available to employees to provide proactive rehabilitation services. An employee who is absent from work due to illness/disability, and deemed to be an appropriate candidate by Occupational Health, in consultation with the employee’s physician, shall participate in this rehabilitation program.

Notwithstanding the above, other employees who are absent from work due to illness/disability may volunteer to participate in this rehabilitation program, if approved by Occupational Health.

12.09   Employees shall be entitled to sick leave with pay for personal illness or for periods of quarantine as determined by Public Health authorities.

12.10   In the event of the death of an employee, accrued sick leave benefits shall be paid to a designated beneficiary. Where no beneficiary is designated by an employee, this benefit will be paid to the estate of the employee.

12.11   Where an employee on vacation becomes ill, or suffers an accident requiring a period of hospitalization and subsequent convalescence, sick leave may be substituted for vacation leave for the period of hospitalization and convalescence. Proof of illness, or accident, which would have prevented the employee from carrying out their regular duties, must be certified by the attending qualified medical practitioner.

12.12   When an employee is unable to work due to Extended Disability covered by the Group Benefit Plans referred to in Article 17, the employee will be considered as being on leave of absence without pay. No employee shall be terminated by reason of acceptance onto Extended Disability. Should an employee return to service from Extended Disability, they shall return to their former position or, if unavailable, to an equivalent position as soon as either becomes available.

12.13   An employee who is declared fit to return to work from general health leave, as determined by Occupational Health, in consultation with the employee’s physician, shall be returned to their former position or, if unavailable, to an equivalent position.

12.14   An employee who obtains sick leave with pay by fraudulent means shall be subject to disciplinary action, up to and including termination of employment.

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ARTICLE 13 - LEAVE OF ABSENCE

13.01   Compassionate Leave

13.01.1   Employees shall be granted leave of absence with respect to critical illness or death of a "near relative". For the purpose of this Agreement, the term "near relative" shall be defined as the following relationships to the employee or the employee's spouse (including common-law spouse as documented in the employee's record of service file with the Board): the spouse, (including the common-law spouse as documented in the employee's record of service file with the Board), grandparents, parents (including legal guardians); brothers, sisters, children (including legal wards), and their respective spouses; and grandchildren.

13.01.2   On request, an employee shall be granted up to three (3) days leave of absence, with pay, in the event of a critical illness of a "near relative" and for the purpose of attending the "near relative". An additional two (2) days may be granted at the discretion of Management should the circumstances warrant extra time.

13.01.3   On request, an employee shall be allowed a maximum of three (3) days leave of absence, with pay, to attend the funeral/memorial service of a "near relative", if the funeral/memorial service is in or near the City. An additional two (2) days shall be granted if further time is required for travel purposes.

13.01.4   Employees may be granted, considering the efficiency and safety of the operation, time off without pay to attend the funeral of a co-worker.

13.02   Leave for Union Activities

13.02.1   Leave of absence without pay and without loss of accumulated seniority shall be granted to an employee elected or appointed to a full time position with the Union, or other body with which the Union is affiliated. Request for such leave must be made, in writing, to the employee’s immediate supervisor at least fifteen (15) working days prior to the date such leave is to take effect. Such leave shall be limited to the term of office or one (1) year, but shall, upon request, be extended from year to year. When an employee extends this leave of absence without permission of Management, the employee shall automatically forfeit employment. At the termination of the leave of absence, the employee shall be returned to a position of equal status and remuneration, provided such a position is available and shall be subject to seniority and lay-off provisions.

13.02.2   During the leave granted as per Clause 13.02.1, the Union employee shall receive an applicable salary from the Board according to the current Collective Agreement and shall be subject to its provisions. The Union shall reimburse the Board for the full costs of the employee’s salary and benefits during this leave, at such periods as the Board may request.

13.02.3   Leave of absence to a maximum of seven (7) consecutive working days shall be granted, upon written request and without pay or loss of seniority, to employees elected or appointed to represent the Union. During such leave of absence employees shall be entitled to all benefits, including Local Authorities Pension Plan. The Union shall reimburse the employer for the full costs of wage/benefit continuation. Such leave of absence will be restricted to no more than two (2) employees from any one department or school at any one time, to a maximum of nine (9) employees in total.

13.02.4   Time off with pay shall be provided, to a maximum of three (3) Union representatives, for the purpose of attending discussions applicable to grievances submitted by employees covered by this Agreement and for meetings called by Management. Such time off shall be exclusive of negotiations for new or revised Agreements and arbitration hearings. All time off must receive prior approval of Management.

13.03   Leave for Special Cause

13.03.1   Employees may apply for leave of absence without pay for special cause. If leave granted is for longer than four (4) weeks, the period of leave shall not be credited for computation of sick leave or annual vacations and the maintenance of employee benefits shall be conditional upon the employee paying the full cost of such plans.

13.04   Education Leave

13.04.1   Leave of absence for a period of up to one (1) year may be granted to employees who request it for the purpose of upgrading their personal education.

13.05   Leave for Political Activities

13.05.1   An employee who is seeking office in a Federal, Provincial or Municipal election may apply to the Superintendent, Employee Services, in writing, seeking leave without pay and without loss of seniority for political activity. Other than for reasons to satisfy operational requirements, the employee shall be entitled to leave for the official campaign period, up to and including the election day.

13.05.2   An employee who is elected shall be entitled to leave of absence, without pay, on the following terms:

a) Parliament of Canada - leave of absence for the life of the Parliament.

b) Legislature of Alberta - leave of absence for the life of the Legislature.

c) Municipal Council - leave of absence for the life of their term of office (three (3)years).

13.05.3   The employee shall inform the Board, in writing, as early as possible of their intent to return to work. Upon expiry of leave, the employee shall return to an equivalent position to that held prior to leave.

13.06   General Health Leave

13.06.1   An employee may be granted a general health leave, without pay, for up to a period of one (1) year. A medical certificate may be requested by the Board in support of an application for, or return from, a leave of this nature.

13.06.2   When leave of absence without pay has been granted under this Clause, the maintenance of benefits shall be conditional upon the employee paying, in advance, the full cost of such benefits. In addition, the period of leave shall not be credited for computation of seniority, sick leave or annual vacation.

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ARTICLE 14 - PARENTAL LEAVE OF ABSENCE

14.01   Maternity Leave of Absence

14.01.1   An employee who has successfully completed her probationary period (minimum six (6) months) shall be entitled to maternity leave of absence. Maternity leave may be comprised of voluntary (non-health related) and involuntary (health-related) periods. An employee shall give the Board at least one (1) month’s written notice of her intention to take a maternity leave. Such notice shall be accompanied by a medical statement certifying that the employee is pregnant and giving the estimated date of birth.

14.01.2   A maternity leave shall commence on the date on which the employee is unable to work as a consequence of her pregnancy. The maternity leave, in no case, shall extend beyond six (6) months from the date of birth.

14.01.3   Notwithstanding Clause 14.01.2, an employee may take up to seven (7) weeks of voluntary maternity leave prior to the estimated date of birth. This period of leave will be deducted from the period of maternity leave that would otherwise be available after the birth.

14.01.4   Should an employee wish to continue participation in the Group Benefit Plans during her maternity leave as per Clause 14.01.1, the premiums shall continue to be shared between the Board and the employee as per Articles 17 and 18 of this Agreement. Notice of such intent must be provided to the Board at the same time the maternity leave is requested.

14.01.5   An employee may return to duties prior to the expiration of leave granted under Clause 14.01.1, providing she submits a medical certificate indicating that resumption of work will not endanger her health, and providing a suitable position is available.

14.01.6   Upon expiration of the leave granted in Clause 14.01.1, the employee shall be reinstated in the position she occupied at the time maternity leave commenced, or be provided with alternative work of a comparable nature, at no less than the salary and other benefits that were applicable at the time the maternity leave commenced.

14.01.7   During the voluntary period of maternity leave, an employee shall be ineligible for sick leave accumulation or allowance, promotion, vacation entitlement or increment entitlement. During the involuntary (health-related) period, the employee shall continue to accumulate sick leave and vacation time as per Clauses 12.01, 16.01, and 16.02 and increment entitlements.

14.01.8   An employee shall receive Supplementary Employment Benefits which, when combined with Employment Insurance Benefits, are equivalent to 100% of salary. The payment of such benefits shall commence on the date of birth and will continue during the involuntary (health-related) portion of the maternity leave during which the employee would otherwise be eligible to receive sick leave benefits.

14.01.9   Supplementary Employment Benefits will be paid without medical documentation other than that required pursuant to Clause 14.01.1 for a period of eight (8) weeks following the date of birth.

14.01.10   Eligibility for Supplementary Employment Benefits for disability continuing beyond eight (8) weeks after the date of birth shall require satisfactory medical evidence of disability.

14.01.11   Supplementary Employment Benefits shall be paid only during the period in which the employee is in receipt of Employment Insurance Benefits, or in the two (2) week waiting period prior to receipt of such benefits.

14.02   Adoption Leave of Absence

14.02.1   Upon request, an employee who has successfully completed their probationary period (minimum six (6) months) shall be entitled to adoption leave without pay for a period of up to six (6) months.

14.02.2   An employee shall advise the Board, in writing, of his/her acceptance by the appropriate agency as an adoptive parent within thirty (30) days of such notification of acceptance. Such notice shall include any documentation from said agency confirming the applicant's acceptance.

14.02.3   Commencement of leave shall occur the day on which the adopted child comes into full care of the employee.

14.02.4   An employee may return to duties prior to the expiration of leave granted under Clause 14.02.1 providing a suitable position is available.

14.02.5   Upon expiration of the leave granted in Clause 14.02.1, an employee shall be reinstated in the position occupied at the time adoption leave commenced or be provided with alternative work of a comparable nature, at not less than the classification and other benefits that were applicable at the time adoption leave commenced.

14.02.6   All adoption leaves shall be without sick leave accumulation or allowance, promotion, vacation entitlement or increment entitlement.

14.02.7   Should an employee wish to continue participation in the Group Benefit Plans during adoption leave, as per Clause 14.02.1, the premiums shall continue to be shared between the Board and the employee as per Articles 17 and 18 of this Agreement. Notice of such intent must be provided to the Board at the same time the adoption leave is requested.

14.02.8   An employee may be granted up to a maximum of three (3) days with pay for the purpose of completing necessary documentation and requirements relating to the adoption and receipt of a child.

14.03   Extended Parental Leave of Absence

14.03.1   Upon request, an employee shall be granted parental leave, without pay, as an extension of maternity leave or adoption leave. Where both parents are permanent employees of the Board, the parental leave may be taken by either the father or the mother. Extended parental leave shall not exceed the balance of the work year in which the leave commences plus the following work year.

14.03.2   The termination date of the leave granted as per Clause 14.03.1 will coincide with the commencement of the applicable work year unless some other date is agreed upon by the employee and the Board.

14.03.3   Leave granted as per Clause 14.03.1 will be at no cost to the Board.

14.03.4   Upon expiration of the leave granted as per Clause 14.03.1, the employee's return to work shall be contingent upon the availability of a suitable position.

14.03.5   While on extended parental leave of absence, the employee may access the Group Benefit Plans described in Articles 17 and 18 at no cost to the Board.

14.04   Paternity Leave

14.04.1   An employee shall be granted, upon request, up to one (1) day's paternity leave with pay at the time of the birth of his child.

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ARTICLE 15 - GENERAL HOLIDAYS

15.01   Employees shall be entitled to the following holidays: New Year's Day, Family Day (third Monday in February), Good Friday, Easter Monday, except when schools are in session, in which case Easter Monday will be replaced by the Monday of Spring Break, Victoria Day, Canada Day, Civic Holiday (first Monday in August), Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and any other general public holidays proclaimed by the City of Calgary, the Government of Alberta or the Government of Canada, and which are observed generally within the applicable government jurisdiction, except when replacing any holiday named previously in which case only the lieu holiday shall be recognized.

15.02   When the holidays designated in Clause 15.01 fall on an employee's day off and such day is not worked, the employee shall be granted a day off with regular pay in lieu of the holiday on the following working day if the schools are not in session or a day shall be granted prior to or added to the annual vacation if they are in session. A day granted prior to the annual vacation shall be subject to mutual agreement between the Board and the Union as to the date granted.

15.03   An employee shall receive holidays designated in Clause 15.01 with pay at the regular rate. Any employee required to work on a holiday occurring during the employee’s regular work week shall receive regular pay plus overtime for any hours worked.

15.04   If a paid holiday falls during an employee’s vacation period, the vacation period shall be extended by an additional day, at the beginning or end of the employee’s vacation, or by mutual agreement with the employee’s supervisor, be taken before the employee’s next annual vacation.

15.05   Employees who work on the day of Stampede Parade, Christmas Eve, or New Year's Eve, shall receive four (4) hours off, with pay or such lesser time as scheduled to work provided that the day is a regularly scheduled work day.

15.06   The Board and the Union may enter into agreements for the exchange of days at straight time pay for the purpose of extending time off in conjunction with general holidays or for creating extended week-ends. Each such agreement shall pertain to a specific circumstance.

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ARTICLE 16 - ANNUAL VACATION

16.01.1   Annual vacations, with pay, shall be based upon full years of continuous service prior to an employee’s vacation entitlement date on the basis of the following schedule:

After one (1) year                     15 working days (120 hours)
After eight (8) years                  20 working days (160 hours)
After eighteen (18) years          25 working days (200 hours)
After twenty-five (25) years      30 working days (240 hours)

Effective January 1, 1999, the previous schedule will be changed as follows;

After sixteen (16) years 25 working days (200 hours)

16.01.2   The vacation entitlement date for employees in Caretaking Services shall be July 1. Facility Operators who commence employment after July 1 and prior to September 1 in any year shall continue to have vacation entitlement calculated as if they had commenced employment on July 1.

16.01.3   The vacation entitlement date for employees in the Materials Management and Maintenance Services Departments shall be the employee’s seniority date.

16.02   The annual vacation entitlement of an employee who is absent from work, for a total number of working days in a year exceeding seventy-five (75) days, shall be adjusted annually on June 30 to reflect such absences. Absences related to Workers' Compensation claims will not be included under this Clause.

16.03   Five (5) days (40 hours) of annual vacation may be carried over to the following year if an employee is qualified for a vacation of at least fifteen (15) days (120 hours). This Clause is limited to a maximum of five percent (5%) of employees in the Bargaining Unit.

16.04   Any employee terminating employment at any time in the employee's vacation year, before the employee has had vacation, shall be entitled to a proportionate payment of salary or wages in lieu of such vacation.

16.05   Employees shall be entitled to use earned vacation on a year round basis. Every effort shall be made to allow vacations when requested by employees, after having first considered the efficient operation of a department. Employees will be asked to indicate their preference for vacation time by March 15 of each year in order to establish an annual vacation schedule.

16.06   Employees shall be entitled to receive their scheduled annual vacation pay in full at least one day prior to the beginning of the employee's scheduled annual vacation, provided the employee submits a request for such payment on the form prescribed by the Board, no less than four (4) weeks prior to the last regular pay day preceding the employee's scheduled vacation period.

In the event that an employee requests and receives permission to re-schedule their annual vacation, the employee shall receive their vacation pay provided sufficient time exists between the granting of permission and the commencement of the employee's re-scheduled vacation.

16.07   While on annual vacation, an employee is entitled to the leave provisions of Clauses 13.01.2 and 13.01.3.

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ARTICLE 17 - GROUP BENEFIT PLANS

17.01   The Group Benefit Plans refer to life insurance, accidental death and dismemberment, supplementary health benefits, (hospitalization and major medical and vision care), dental benefits and Extended Disability insurance as outlined in the applicable group insurance policies.

17.02   Participation in the Group Benefit Plans shall be a condition of employment for all employees who commence permanent full-time employment and for all part-time employees who are employed in permanent positions of twenty (20) hours per week or more. Continued participation in the Plans is compulsory for those who had an option and elected to participate in the Group Benefit Plans.

17.03   Effective May 1, 1998, the cost sharing of the Group Benefit Plans between the Board and the employees shall be:

                                                BOARD                        EMPLOYEE

Life and Accidental Death
and Dismemberment                    ---                                100%

Supplementary Health Benefit     75%                               25%

Dental                                         75%                               25%

Extended Disability                      ---                                100%

17.04   The Board will administer the Plans in consultation with the Union through the Joint Benefits Advisory Committee.

17.05   The Board and the Union agree that the Employment Insurance rebate has been shared, according to appropriate section(s) of the Employment Insurance Act through the increase in benefits contained in this Agreement, and that no further adjustment will be passed on to employees.

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ARTICLE 18 - ALBERTA HEALTH CARE INSURANCE

18.01   The Board shall contribute one hundred percent (100%) of the cost of the applicable premium to the Alberta Health Care Insurance Plan for all permanent employees.

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ARTICLE 19 - SUPPLEMENT TO THE WORKERS’ COMPENSATION                             BOARD

19.01   If a permanent or probationary employee is prevented from performing the employee's regular work with the "Board" on account of an occupational accident occurring in the performance of the employee's duties with the "Board", that is recognized by The Workers' Compensation Board as compensable within the meaning of The Workers' Compensation Act, the "Board" will supplement the award made by The Workers' Compensation Board for loss of wages to the employee by an amount which, when added to the award, will equal 100% of the employee's net wage (gross minus Canada Pension Plan (CPP), and Employment Insurance (EI) deductions). This supplement shall be paid by the "Board" while the employee receives compensation from The Workers' Compensation Board, or until the employee is placed on a permanent disability pension by The Workers' Compensation Board, or until the employee reaches retirement age, whichever comes first.

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ARTICLE 20 - RETIREMENT

20.01   The normal retirement age for employees covered by this Agreement is sixty-five (65) years of age.

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ARTICLE 21 - PENSION PLAN

21.01   The Local Authorities Pension Plan is applicable to employees covered by this Agreement. Participation in the Plan shall be in accordance with the Local Authorities Pension Plan Act and its Regulations.

21.02   All employees employed for thirty (30) hours or more per week shall become and remain members of the Local Authorities Pension Plan. The Board and the employees shall continue contributions towards the Local Authorities Pension Plan at all times in accordance with the Local Authorities Pension Plan Act.

21.03   Participation in the Local Authorities Pension Plan will be optional for those employees who work less than thirty (30) hours per week but not less than seventeen and one-half (17 1/2) hours per week. Maintenance of membership in the Local Authorities Pension Plan shall be a condition of employment for all those employees who opt to participate in the plan.

21.04   Employees not participating in the Local Authorities Pension Plan shall receive a retirement allowance upon retiring (minimum age 55) on the basis of the following formula:

After five (5) years of service - two (2) weeks’ salary at the rate of pay immediately prior to retirement;

After ten (10) years of service - three (3) months’ salary at the rate of pay immediately prior to retirement, plus one (1) month’s salary for each additional three (3) years beyond ten (10), to maximum of six (6) months’ pay.

21.05   Employees who participate and who retire at any time in accordance with the Local Authorities Pension Plan Regulations (minimum age 55 with no less than five (5) years of pensionable service) shall receive a retirement allowance based upon the following formula:

After 10 years service - 1 month’s salary
After 15 years service - 2 months’ salary
After 20 years service - 2 1/2 months’ salary
After 25 years service - 3 months’ salary

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ARTICLE 22 - UNION DUES

22.01   Union dues and special monthly Union fees as set by the Union and applicable to all employees covered by this Agreement shall be deducted on a pay period basis. All dues shall be forwarded to the Union no later than the fifteenth (15th) of each month, following the month for which the fees have been deducted.

Should the Union change the Union dues or the special monthly fees, the Union will notify the Board in writing sixty (60) days prior to the first of the month in which the dues and/or fees are to be effective.

22.02   The full monthly deduction for regular dues and special fees will apply in the month that an employee commences or terminates employment.

22.03   For employees taking leaves of absence without pay exceeding four (4) or more continuous weeks, Union dues will be deducted in advance of their taking leave.

22.04   All temporary employees will be required to pay appropriate Union dues.

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ARTICLE 23 - SENIORITY

23.01.1   General seniority shall be calculated from the first day of continuous present employment in a permanent position or positions and shall be utilized for general purposes.

23.01.2   Department seniority shall be calculated from the first day of continuous present employment in a permanent position or positions within a department and shall be utilized for purposes of promotion, demotion, transfer or lay-off within the department. Where a permanent employee who has accumulated department seniority in a department named in Clause 23.04 transfers out of and, subsequently, back into that department, the employee’s seniority shall include all prior permanent employment in that department.

23.01.3   When a vacancy is not filled from the permanent staff of a department, applications from the employees in other departments will be given first consideration in accordance with the provisions of Clause 6.01. The seniority to be considered in such cases shall be general seniority.

23.02   A departmental seniority list effective January 1, shall be provided to the Union on or before January 31.

23.03   Seniority acquired while on Extended Disability shall cease to accrue after an employee has been absent from work on Extended Disability for a period of two years. However, upon return to work, an employee shall be entitled to use any vacation credits accumulated prior to absence on Extended Disability. Further an employee, upon return to work, shall qualify to earn vacation credits in accordance with the employee’s years of seniority, including the period of Extended Disability.

23.04   For the purpose of this Article, the following shall constitute departments:

Caretaking Services          - Full-time Facility Operators and Cleaners
                                       - Part-time Cleaners

Materials Management     - Stores and Purchasing
                                        - Distribution Services

Maintenance Services       - Furniture Repair
                                        - Grounds Services
                                        - Mechanical Carpentry
                                        - Roofing

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ARTICLE 24 - GRIEVANCE PROCEDURE

24.01   In the event of any grievance pertaining to the provisions of this Agreement, the employee(s) concerned or the Union may take up the matter with the applicable supervisor, or the Chair of the Union Grievance Committee, or both. The grievance will not be considered by applicable Management unless it is presented to the supervisor concerned, in writing, within twenty (20) working days of the occurrence of the grievance or of when the employee(s) reasonably became aware of the occurrence. A copy shall be forwarded to the designated representative of the Employee Services Unit. The applicable supervisor shall render a written decision within five (5) working days of receipt of the written grievance.

24.02   Failing satisfactory settlement in Clause 24.01, the grievance may be referred to the Superintendent of the Service Unit, or their delegated authority. Such referral must occur in writing and within five (5) working days following receipt of the decision of the supervisor. For the purpose of this Clause, "Service Unit" shall be defined as a work unit headed by a Superintendent. The Superintendent shall render a decision, in writing, within ten (10) working days.

24.03   Failing satisfactory settlement in Clause 24.02, the Union may refer the grievance to the Chief Superintendent of Schools, or their delegated authority. Such referral must occur in writing and within five (5) working days following receipt of the decision by the Superintendent of the Service Unit. The Chief Superintendent shall render a decision, in writing, within ten (10) working days.

24.04   The above mentioned times may be extended by the parties concerned, if mutually agreed.

24.05   Failing satisfactory settlement in Clause 24.03, the Union may request, within twenty (20) working days after receipt of the decision of the Chief Superintendent of Schools, that the grievance be submitted to arbitration under the appropriate provisions of the Labour Relations Code. The Board and the Union may mutually agree to the establishment of a three (3) person Arbitration Board under the appropriate provisions of the Labour Relations Code.

24.06   The Union Grievance Committee, or its representatives, shall be allowed a reasonable length of time during working hours in which to investigate or settle grievances, but in no case shall any member of the Committee permit these functions to interfere with the employee’s prescribed duties. All time off must receive prior approval of Management and shall not be withheld unjustly where Management is informed of the nature of the problem being investigated or settled.

24.07   Policy Grievance

(a)   A policy grievance is a dispute between the Board and the Union which, due to its nature, is not properly the subject of an individual grievance.

(b)   Where the Union, by way of a policy grievance signed by the President of the Union, seeks to enforce a matter that is alleged to arise out of this Collective Agreement, such a policy grievance shall be initiated at Level II of the grievance procedure and shall proceed to the subsequent Clauses of Article 24.

24.08   Should either party fail to process the grievance within the time limits established in this Article, that party shall be deemed to have conceded the grievance in favour of the other party.

24.09   Upon mutual agreement, the parties may submit grievances to expedited arbitration or mediation prior to arbitration in order to attempt an early resolve to the grievance.

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ARTICLE 25 - CAR ALLOWANCE

25.01   Each employee who is designated to use their personal vehicle to transport the Board’s materials and/or as a means of transportation to work assignments at different locations during work hours, shall be paid a vehicle allowance plus thirty-two ($0.32) cents for each kilometre driven on Board business. Employees who are in receipt of the vehicle allowance shall also be paid mileage from their first job site to their last job site, where such employees are required to report for the start of the work day to a job site other than the Highfield Operational Centre or a Board Supply Depot.

The vehicle allowance shall be paid as follows:

$50.00 per month for driving up to 7,500 kilometres per year;

$60.00 per month for driving more than 7,500 but less than 9,000 kilometres per year;

$70.00 per month for driving more than 9,000 kilometres per year.

Designation shall be in writing and may be terminated at any time. Should an employee designated to use their vehicle not make it available for one (1) full week or more at any one time, such employee shall cease to be eligible for the vehicle allowance for each week that the vehicle is not available. In addition, each employee designated will be reimbursed for the difference in premium between normal pleasure driving vehicle insurance and insurance for business use of a vehicle as stipulated by the Board, subject to the employee providing proof to Management of the extra charges by the insurance company.

25.02   It is agreed that should a vehicle or mileage allowance greater than those specified in Clause 25.01 be provided for any other agreement between the Board and a group of its employees, or should the Board, by resolution, approve a vehicle or mileage allowance greater than above, the higher vehicle or mileage allowance will be applicable to employees covered by this Agreement.

25.03   The Board agrees that available, unserviced parking will be accessible to employees covered by this Agreement without charge. Where employees choose to access serviced parking, they will be subject to associated utility charges as set by the Board.

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ARTICLE 26 - SAFETY COMMITTEES

26.01   Two (2) joint committees shall be established in Environmental Services. One joint committee shall focus on Occupational Health and Safety issues affecting Custodial Services; the other joint committee shall focus on Occupational Health & Safety issues affecting Highfield staff. These committees shall consist of representatives appointed by their respective bodies and shall meet once each month with the exception of July and August. These two (2) committees shall hold a combined meeting at least once annually.

26.02   The Board and the Union, through the joint Safety committees, shall continue to monitor safety concerns, including working alone. The committees shall review the initiatives already undertaken regarding working alone and safety devices, as well as evaluate requests to date. The committees shall also develop action strategies for 1998-1999 .

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ARTICLE 27 - PROTECTIVE CLOTHING

27.01   Protective clothing will be issued without cost to the employee when it is considered necessary by Management; such clothing shall remain the property of the Board.

27.02.1   Employees required to wear CSA certified safety footwear shall be entitled to an allowance of fifty percent (50%) towards the cost of one pair of such footwear every two (2) years.

27.02.2   Employees required to wear CSA certified Class 1 safety footwear shall be entitled to an allowance of seventy-five percent (75%) towards the cost of one pair of such footwear every two (2) years.

27.02.3   Roofers and Grounds personnel assigned to the asphalt crew shall be entitled to an allowance of seventy-five percent (75%) towards the cost of one pair of CSA certified safety footwear per year.

27.02.4   Reimbursement will be made upon submission of receipts to the appropriate Supervisor and shall be paid on a separate cheque.

27.02.5   Where an employee is medically exempted from wearing such safety footwear, the employee will not be entitled to receive this allowance.

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ARTICLE 28 - EMPLOYEE SECURITY

28.01   No permanent employee shall lose their employment, or suffer a reduction in regular wages/salaries, or hours of work, solely as a result of contracting out.

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ARTICLE 29 - TOOL ALLOWANCE

29.01   Mechanics shall receive a tool allowance of three hundred dollars ($300) per year. This allowance shall be payable in the pay period that includes June 1 of each year.

ARTICLE 30 - PROVISIONS APPLICABLE TO TEN-MONTH                             EMPLOYEES

30.01   Except as modified in this Article, all provisions of this Collective Agreement shall apply to ten-month employees.

30.02   Ten-month employees shall occupy part-time Cleaner positions only.

30.03   Summer break is defined as the period commencing with the Monday following the last day of school in the school year and ending with the Friday prior to the opening day of school in the next school year.

Ten-month employees shall commence working on the first day of the school year and then shall commence leave of absence without pay on the first day of the summer break. Ten-month employees shall also be on leave without pay when schools are not in session during the Christmas and Spring breaks.

30.04   Ten-month employees shall not be entitled to the following general holidays:

Canada Day, Civic Day (first Monday in August) and Labour Day when Labour Day falls during the summer break.

30.04.1   Ten month employees occupying Cleaner I positions may apply for available extra work in the Caretaking Services Department during the summer break, provided they meet the qualifications required to perform the work. It is understood that employees who accept work during this time shall be selected in order of seniority and will not have their recall rights adversely affected.

30.04.2   Employees who accept a temporary assignment under Clause 30.04.1 shall be paid only for hours worked and shall be subject to working conditions and pay rates, including vacation pay, applicable to temporary employees hired during the summer break.

30.04.3   The Employer will notify employees in February that there may be extra work available during the summer and employees wishing to be considered for this extra work shall notify the employer by April 1.

30.05   Ten-month employees shall not lose any accumulated seniority when schools are not in session during the summer, Christmas and Spring breaks.

30.06   Ten-month employees shall be entitled to vacation pay calculated on the basis of six (6) percent for the first eight (8) years of service; eight (8) percent for over eight (8) years of service; ten (10) percent for over eighteen (18) years of service; and twelve (12) percent for over twenty-five (25) years of service. Such vacation pay will be added to basic bi-weekly earnings and paid on each pay day.

30.07   Ten-month employees covered by the Alberta Health Care Insurance, Dental Plan, Life and Accidental Death and Dismemberment, and Supplementary Health benefits shall be required to pay the employee and the employer share of the benefit premiums during the school summer break.

30.07.1   Ten-month employees shall be deducted the total cost of benefit premiums for July and August, if applicable. Such deduction shall be averaged over the period from September to June.

30.08   Extended Disability premiums and benefits are not payable during the summer months for ten-month employees. The summer break is not part of the Extended Disability elimination period.

30.09   Ten-month employees eligible to apply for Employment Insurance benefits for a period of the summer break, shall be provided with a separation slip.

30.10   The supplement to Workers' Compensation Board will only be paid during the periods that the employee would otherwise be working.

30.11   Before hiring new personnel for permanent positions, preference will be given to Cleaner I's for promotion to Cleaner II.

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ARTICLE 31 - RETROACTIVITY

31.01   All employees who are employed on September 1, 1996 and have since retired, or terminated employment, shall be paid retroactively on a pro-rata basis for all hours worked from September 1, 1996. Employees who have left the employment of the Board prior to the date of signing this Agreement shall only be eligible for their retroactive salary if they apply for same prior to sixty (60) days after the date of signing.

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ARTICLE 32 - FACILITY MANAGEMENT PROGRAM QUALIFICATIONS

32.01    (a) Employees hired before September 1, 1993, will be required to follow Schedule A with regard to employee qualifications.

(b) Employees currently in positions listed in Schedule A, who do not have suitable Facility Management Program qualifications, will be permitted to bid on positions equal to or lower than those they currently occupy, without acquiring the suitable Facility Management Program qualifications.

32.02   (a) Effective September 1, 1996, employees will be required to follow Schedule B

(b) The grandparenting of positions as in 32.01 b) will continue to apply.

 

		YEARS OF FMP COMPLETED
CLASS	POSITION	SCHEDULE "A"	SCHEDULE "B"
8 & 9	F/O 1/I/C Senior F/O	3 3	3 3
7	F/O 1/I/C 2/I/C	3 3	3 3
6	F/O 1/I/C 2/I/C	2 2	3 2
5	F/O 1/I/C 2/I/C	1 -	2 1
4	F/O 1/I/C 2/I/C	- -	1* -

*Employees hired to the position of Facility Operator, First in Charge, in Class 4 schools shall have completed Year 1 of the Facility Management Program, or have the equivalent of five (5) years experience with the Calgary Board of Education and be in possession of a Building Operator "B" Certificate.

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ARTICLE 33 - TECHNOLOGICAL CHANGE - TRAINING BENEFITS

33.01   Where new or greater skills are identified by Management as necessary for staff to function in an efficient and effective manner, training will be provided subject to available funding.

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ARTICLE 34 - CLASSROOM MOVES

34.01 The employer agrees that any classroom/worksite moves shall be done with the appropriate number of staff to ensure that the move is done in a safe and efficient manner using proper equipment.

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ADDENDUM TO THE 1996-1999 C.U.P.E. COLLECTIVE AGREEMENT

         RE: YEAR ROUND EDUCATION

1.   APPLICATION

This addendum shall apply to only those employees who are placed in a school that is designated by the Board to be a year round school (e.g. single, continuous or multi-tracked). The current Collective Agreement (1996-1999) between the Calgary Board of Education and C.U.P.E. Local 40 ( the "Current Collective Agreement") shall remain in full force and effect except as specifically amended by this Addendum.

2.   AMENDED PROVISIONS

9.02.1   For those employees in a year round school, the eight (8) days off can be taken at a time that is mutually agreed to by the employee and the Director, Caretaking Services. For the purpose of naming these days, they shall be referred to as "flex" days.

The intent of this Clause is to enable these days to be connected to weekends to provide for a longer break, unless mutually agreed otherwise. These days will not be unreasonably withheld.

9.03    When school is not in session, the lunch breaks shall be one-half (1/2) hour in duration.

10.02.1   An employee who is designated to substitute in another position shall receive the employee’s regular rate of pay, or that of the position, whichever is greater. This Clause shall not be applicable to Sick Relief and Facility Operators when substitution applies to replacements during July and August, except vacation relief for the Facility Operators (First in Charge) in each high school where summer school is in session and for the Facility Operators in the Education Centre, Highfield Building, Viscount Bennett Centre, and year round schools. Any increase in pay shall be retroactive to the first applicable day.

10.02.2   When a Storesperson from the Materials Management Department is delegated to temporarily act as a Shipper/Receiver in a new school, the employee shall be paid the Shipper/Receiver’s rate of pay for the period of delegation.

11.02   Two (2) times the employee’s regular rate of pay shall be paid for all hours worked on the employee’s second and consecutive subsequent day(s) off. This does not apply to Saturdays during the months of July and August but includes general holidays that fall on a Monday.

For the purpose of overtime calculations, flex days, as referred to in Clause 11.02 (as amended above), do not count as the first day off.

30.12   Part time Cleaners/Cleaner I’s working in year round schools shall be treated like Part time Cleaners/Cleaner I’s in non-year round schools and, as such, shall:

1. work the same number of days and hours per year as other ten month employees;

2. be granted a leave of absence during the "summer break" at their school in

accordance with Clause 30.03 and related provisions of the current Collective

Agreement;

3. be afforded the same working conditions and terms of employment.

3.  DURATION/FUTURE ACTION

The parties also agree to meet in the period leading up to the next round of negotiations to work on proposed language that addresses issues raised by both Management and the Union relating to ten-month employees in year round schools.

This addendum to the current Collective Agreement will expire on August 31, 1999 but shall remain in full force and effect during any period of negotiations until bargaining procedures under the Labour Relations Code has been completed in accordance with Clause 2.04 of the current Collective Agreement.

ON BEHALF OF THE CALGARY BOARD OF EDUCATION

ON BEHALF OF THE CANADIAN UNION OF PUBLIC EMPLOYEES LOCAL NO. 40

 

DATE

DATE

 

Appendix A
Basic Rates for: Facility Operators
		September 1, 1996		September 1, 1997		July 1, 1998		September 1, 1998
Class	Position	Hire Rate	Job Rate	Hire Rate	Job Rate	Hire Rate	Job Rate	Hire Rate	Job Rate
1	Facility Operator	$1,019.43	$1,132.70	$1,034.72	$1,149.69	$1,051.79	$1,168.66	$1,067.57	$1,186.19
2	Facility Operator	$1,047.28	$1,163.65	$1,062.99	$1,181.10	$1,080.53	$1,200.59	$1,096.74	$1,218.60
	Sick Relief	$1,063.96	$1,182.18	$1,079.91	$1,199.92	$1,097.73	$1,219.71	$1,114.20	$1,238.01
	Carpet Cleaner	$1,072.22	$1,190.40	$1,088.30	$1,208.26	$1,106.26	$1,228.19	$1,122.85	$1,246.62
3	Facility Operator (1 I/C)	$1,063.96	$1,182.18	$1,079.91	$1,199.92	$1,097.73	$1,219.71	$1,114.20	$1,238.01
	Facility Operator (2 I/C)	$1,047.28	$1,163.65	$1,062.99	$1,181.10	$1,080.53	$1,200.59	$1,096.74	$1,218.60
4	Facility Operator (1 I/C)	$1,079.72	$1,199.69	$1,095.92	$1,217.69	$1,114.00	$1,237.78	$1,130.71	$1,256.34
	Facility Operator (2 I/C)	$1,063.96	$1,182.18	$1,079.91	$1,199.92	$1,097.73	$1,219.71	$1,114.20	$1,238.01
5	Facility Operator (1 I/C)	$1,091.74	$1,213.05	$1,108.12	$1,231.25	$1,126.40	$1,251.57	$1,143.30	$1,270.34
	Facility Operator (2 I/C)