ARTICLE 14 – HOURS OF WORK AND SCHEDULING
Note: Article 14 shall have no application to Community Health Workers and employees scheduled in a manner similar to Community Health Workers.
14.1 Continuous Operation
The workweek shall provide for continuous operation based on a seven day week, 24 hours per day.
14.2 Hours of Work
(a) Except as otherwise provided in this article, the average hours of work for each regular full-time employee covered by this agreement, exclusive of meal times, shall be 37½ hours per week or an equivalent mutually agreed to by the Employer and the Union.
(b) Employees with average hours of work greater than 37½ hours per week shall move to the hours in (a) above on April 1, 1999 without loss of regular pay.
(c) Where the full-time hours of work for any classification at the time of ratification of this agreement average less than 37½, the full-time hours of work shall be maintained, except where the Employer and the Union otherwise agree.
It is understood and agreed that in the event the length of the normal regular full-time workweek of a future Community Subsector collective agreement is, or averages, 36 hours per week, the full-time hours of work for any classification averaging less than 36 hours per week shall be increased to an average of 36 hours per week at that time.
The operation of this Part (c) shall not result in an increase or decrease to the hourly rate of pay for any classification.
(d) Except as otherwise provided in this article, the base day will be seven and one-half hours for the purpose of calculating the accrued benefit credit banks. Where the full-time hours of work for any classification average less than 37½ hours per week, the base day will be the average weekly full-time hours of work divided by five workdays.
(e) Employees shall be scheduled off from work, exclusive of annual vacations, a minimum of 116 days per year [that is, an average of two days per week plus a minimum of 12 paid holidays]. If, at the end of 52 weeks dating from an employee’s first scheduled shift in January, an employee has not had a minimum of 116 days off, he/she shall be paid extra at the applicable overtime rate for each day by which his/her total number of days off falls short of 116 days except for days for which he/she was paid overtime in accordance with Articles 16 (Overtime) or 17.3 (Holiday Falling on a Day of Rest).
(f) Employees shall not be required at any time to work more than six consecutive shifts, and employees shall not receive at any time less than two
consecutive days off-duty excluding paid holidays, otherwise overtime shall be paid in accordance with Article 16 (Overtime). Subject to the approval of the Employment Standards Board, the foregoing provision may be varied by mutual agreement between the Employer and the Union.
(g) Where the Employer and the Union have an agreement in a collective agreement, memorandum, or letter of agreement on specific scheduling provisions with respect to hours of operation, excursions, flextime, extended workdays or modified workweeks for any specific employee or group of employees, the agreements shall be maintained unless mutually agreed otherwise by the Union and the Employer. If mutual agreement on proposed amendments is not reached either party may refer the matter to the Investigator pursuant to Article 8.13(Investigator) who will investigate the difference and give consideration to past practice, employee circumstances and the Employer’s operational requirements. The parties shall be bound by the decision of the Investigator.
(h) New extended hours, modified or flextime schedules may only be implemented through mutual agreement between the Employer and Union. Such agreement shall be in writing and will include details of the agreed schedule.
14.3 Scheduling Provisions
(a) (1) The Employer shall arrange the times of all on-duty and off-duty shifts, including days in lieu of paid holidays pursuant to Article 17.8 (Scheduling of Lieu Days) and post these at least 14 calendar days in advance of their eHealthffective date.
(2) If the Employer alters the scheduled workdays of an employee without giving at least 14 calendar days’ advance notice, such employee shall be paid overtime rates for the first shift worked pursuant to Article 16 (Overtime), except where the Union and the Employer agree otherwise in good faith. The Union and the Employer may agree at the local level to allow such an agreement to be between the employee and the Employer. Notice of the alteration shall be confirmed in writing as soon as possible.
(b) There shall be a minimum of 12 consecutive hours off-duty between the completion of one work shift and the commencement of the next.
(c) When it is not possible to schedule 12 consecutive hours off-duty between work shifts, all hours by which such changeover falls short of twelve consecutive hours shall be paid at overtime rates in accordance with Article 16 (Overtime).
(d) If a written request for a change in starting time is made by an employee which would not allow 12 consecutive hours off-duty between the completion of one work shift and the commencement of another, and such request is granted, then the application of paragraphs (b) and (c) of this section shall be waived for all employees affected by the granting of such a request provided they are in agreement.
(e) Employees may exchange shifts with the approval of the Employer provided that, whenever possible, sufficient advance notice in writing is given and provided that there is no increase in cost to the Employer.
(f) If the Employer changes a shift schedule without giving a minimum of 14 calendar days advance notice and such change requires an employee to work on a scheduled day off, then such hours worked shall be paid at overtime rates pursuant to Article 16 (Overtime). Notice of the change shall be confirmed in writing as soon as possible.
(g) Regular full-time employees shall not be required to work three different shifts in any six consecutive day period posted in their work schedules.