Collective Agreement
Between:
Zellers Inc. (Store No. 264 – Brentwood)
(hereinafter referred to as the “Company”)
And:
United Food and Commercial Workers
International Union, Local 1518
(hereinafter referred to as the “Union”)
Store No. 264 – Brentwood
Agreement Ratified by Membership Vote May 12, 2006
Duration of Agreement: April 1, 2005 - March 31, 2008
CONTENTS
Article 1 – Purpose ........................................................................................................................................................1
Article 2 – Scope and Recognition ................................................................................................................................1
Article 3 – Interpretation and Definition .......................................................................................................................1
3.01
(b)
(c)
(a) Employee ..............................................................................................................................................1
Full-time Employees...................................................................................................................................1
Part-Time Employees .................................................................................................................................2
Article 4 – Management Rights .....................................................................................................................................2
Article 5 – Union Security and Dues .............................................................................................................................3
Article 6 – Union Representation ..................................................................................................................................3
Article 7 – Specific Penalties.........................................................................................................................................5
Article 8 – Relationship .................................................................................................................................................5
Article 9 – No Strikes and Lockouts..............................................................................................................................6
Article 10 – Hours of Work ...........................................................................................................................................6
10.05
Notice of Absence ......................................................................................................................................7
Article 11 – Probation Period and Temporary Employees ............................................................................................8
11.02
Temporary Employees................................................................................................................................8
Article 12 – Seniority ....................................................................................................................................................8
12.03
Part-time/Full-time Transfer.....................................................................................................................10
Article 13 – Layoff and Recall ....................................................................................................................................10
Article 14 – Promotions...............................................................................................................................................11
Article 15 – Grievance Procedure................................................................................................................................12
Step I ..................................................................................................................................................................13
Step II ..................................................................................................................................................................13
Step III ..................................................................................................................................................................13
Policy Grievance.....................................................................................................................................................13
Arbitration...............................................................................................................................................................14
Article 16 – Leaves of Absence...................................................................................................................................15
Funeral Leave .........................................................................................................................................................15
16.02 Pregnancy and Parental Leave..................................................................................................................15
16.03 Benefits Coverage During Personal Leave of Absence ............................................................................15
16.04 Jury Duty ..................................................................................................................................................15
16.05 Union Leave .............................................................................................................................................16
Article 17 – Health and Safety Committee ..................................................................................................................16
Article 18 – Vacations .................................................................................................................................................16
18.04
Vacation Scheduling.................................................................................................................................17
Article 19 – Statutory Holidays ...................................................................................................................................18
19.02
19.03
Conditions of Eligibility ...........................................................................................................................18
Entitlement ...............................................................................................................................................19
Article 20 – Benefits Plans ..........................................................................................................................................20
Article 21 – General ....................................................................................................................................................20
21.04
Joint Labour Management Committee Meetings......................................................................................20
Article 22 – Wages ......................................................................................................................................................21
22.06 Determination of Compensation...............................................................................................................21
General ..................................................................................................................................................................21
Determination of Wage Rate ..................................................................................................................................22
Article 23 - Duration...................................................................................................................................................24
Appendix A .................................................................................................................................................................25
Letter of Understanding No. 1 - Grandfathering .........................................................................................................26
Letter of Understanding No. 2 - Initiation Fees – Temporary Employees...................................................................28
Letter of Understanding No. 3 - Pharmacy Technicians..............................................................................................29
Letter of Understanding No. 4 - Scheduling Working Group.....................................................................................30
Purpose ..................................................................................................................................................................30
Resolution Procedures for Scheduling Concerns ....................................................................................................30
Resolution Steps .....................................................................................................................................................31
Membership of Working Group..............................................................................................................................31
Issues to be Addressed ............................................................................................................................................32
Meetings .................................................................................................................................................................32
Discussion/Resolution/Follow-up ...........................................................................................................................32
Letter of Understanding No. 5 - Record Removal .......................................................................................................34
Article 1 – Purpose
1.01
The general purpose of this agreement is to establish and maintain collective
bargaining relations between the Company and the Union and the Employees
covered by this agreement; to provide a mechanism for the timely disposition of
grievances.
Article 2 – Scope and Recognition
2.01
The Company recognizes the United Food and Commercial Workers’
International Union, Local 1518 as the bargaining agent of all employees
employed at the Zellers Store No. 264, #300 – 4567 Lougheed Highway,
Burnaby, BC, except loss prevention officers, students employed in a cooperative
training program, supervisors, and persons above the rank of supervisor and
those excluded by the Labour Relations Code.
2.02
It is understood that persons excluded from the bargaining unit may perform any
work assigned to them, whether performed by bargaining unit members or
otherwise, provided supervisory personnel do not perform bargaining unit work
to such an extent that they spend the majority of their time during the week doing
such work.
2.03
The Company agrees that co-operative work program students will not perform
bargaining unit work unless a bargaining unit employee is scheduled and working
in the same scheduling area during such time. All students employed in a cooperative training program will be given a distinctive ribbon to distinguish them
from regular employees.
Article 3 – Interpretation and Definition
3.01
(a)
Employee
The term “employee” shall mean an employee covered by the provisions of
this collective agreement as recognized in Article 2, unless otherwise
indicated by the context.
(b)
Full-time Employees
The term “regular full-time employee” or “full-time employee” shall mean
any employee hired for an indefinite period and who is regularly scheduled
to work the normal full-time hours referred to in Article 10.01(a) of the
collective agreement.
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(c)
Part-Time Employees
The term “part-time employee” shall mean an employee hired for an
indefinite period and who regularly works 27 hours or less per week.
3.02
In this agreement unless otherwise indicated by the context, the feminine gender
includes the masculine gender and vice versa.
3.03
The “Christmas Period” shall extend from October 1st to January 5th.
3.04
The provisions of this Agreement apply to part-time employees where specifically
indicated or otherwise indicated by the context. Those portions of the Agreement
that reference full-time employees do not apply to part-time employees unless
specifically stated.
Article 4 – Management Rights
4.01
The Union recognizes that the management of the Company and the direction of
the workforce is fixed in the Company and without restricting the generality of
the foregoing, the Union acknowledges that it is the function of the Company to:
(a)
maintain order, discipline and efficiency;
(b)
hire; retire at normal retirement age, unless contrary to law; assign; direct;
promote; demote; classify; transfer; layoff; recall; suspend; discharge or
otherwise discipline non-probationary employees for just cause;
(c)
determine the nature and kind of business conducted by the Company, the
products to be carried, the kind and locations of equipment, merchandise,
goods, fixtures, and the type of customer service to be used; the control of
material and goods; the methods and techniques of work; the schedules of
work; the number of personnel to be employed; make studies of and
institute changes to jobs and job assignments; discontinue, reorganize,
limit, combine or substitute any operation or part thereof; and determine
all other functions and prerogatives heretofore invested in and exercised
by the Company which shall remain with the Company;
(d)
make and enforce and alter from time to time reasonable rules and
reasonable regulations to be observed by employees;
(e)
Discipline or discharge a probationary employee for any reason
satisfactory to the Company provided such discharge is done in good faith
and in a non-discriminatory fashion.
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Article 5 – Union Security and Dues
5.01
(a)
All bargaining unit employees shall become and remain members in good
standing of the Union as a condition of employment.
(b)
The Company shall remit to the Union, the United Food and commercial
Workers International Union Membership Application Form which the
Company shall have signed by all new employees at time of hiring. The
Company shall forward such forms with the next dues remittance.
5.02
The Company agrees to deduct from the wages of each employee such initiation
and union dues as authorized by regular and proper vote of the membership of
the Union. Such deductions shall be made bi-weekly from the wages owing each
employee in the bargaining unit.
5.03
The employee shall, within thirty (30) days after commencement of employment,
provide the Company with a signed authorization for such deductions. Such
deductions for all employees shall commence following the receipt of the
authorization.
5.04
Monies deducted during any month shall be forwarded by the Company to the
Secretary-Treasurer of the Union not later than the 15th day of the following
month. The Company will, at the time of making such remittance to the Union,
include a list in alphabetical order of the names of the employees from whose pay
deductions were made, employee number, and the amount deducted (or the
reason why not).
5.05
The Union shall indemnify and save harmless the Company, its agents and or
employees acting on behalf of the Company, from any and all claims, demands,
actions or causes of action arising out of or in any way connected with the
collection and remittance of such dues.
5.06
The Union shall provide the Company with thirty (30) days’ written notice of any
increase or decrease in the amount of dues to be deducted from the bargaining
unit employees.
5.07
The Company will include on each employee’s T-4 slip the amount of Union dues
deducted.
Article 6 – Union Representation
6.01
An employee who is being notified of his discharge, suspension or written
disciplinary warning will be informed of his right to have the presence of a
steward or witness of the employee’s choice from the Bargaining Unit
prior to or as soon as reasonably possible after the beginning of any meeting
where the employee is being notified of such disciplinary action.
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6.02 It is understood that the failure to comply with the foregoing procedure shall not
render the discipline a nullity but the parties may review the circumstances of the
breach.
6.03 (a)
An authorized representative of the Union may enter the store in order to
deal with the interpretation, application, administration or alleged
violation of the agreement in accordance with the provisions of this Article
6.03, provided he contacts the Store Manager or his substitute in order to
arrange a mutually agreeable time. In the administration of this clause, the
Employer agrees it shall not act in an arbitrary fashion and shall make
every reasonable effort to reach mutual agreement.
(b)
Access to secure areas where employees’ work shall be carried out in a
responsible and safe manner.
(c)
Should it be necessary for the Business Representative to meet with the
Union Stewards or other employees, the Business Representative shall
obtain the authorization of the Store Manager or his substitute. It is agreed
that such meetings shall be conducted in such a way as to minimize
disruption to normal operations and at no time shall an employee be
interrupted while providing customer service. Where it is reasonable to do
so, such meetings shall be conducted during an employee’s break time and
in no event shall the staff lounge be used for such purposes.
6.04 The Company acknowledges the right of the Union to appoint or otherwise select
not more than four (4) stewards from amongst employees in the bargaining unit
who have completed their probationary period, for the purpose of assisting
employees with the presentation of grievances in accordance with the provisions
of this Agreement.
6.05
The Union acknowledges that the stewards have their regular duties to perform
on behalf of the Company and may not leave their regular duties without the
permission of their immediate supervisor. Each steward shall with the consent of
their supervisor be permitted to leave their regular duties for reasonable length of
time without loss of pay to function as a steward as provided in this collective
agreement. Such consent will not be unreasonably withheld. A steward’s
discussions with employees shall be conducted in such a way as to minimize
disruption to normal operations and at no time shall an employee be interrupted
while providing customer service. Where reasonable to do so such discussions
shall be conducted during an employee’s break time. If in the course of such time
away from her regular duties the steward visits another department she shall,
upon entering that department advise the supervisor of that department or her
designate of the nature of her business.
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6.06 The Company shall not be required to recognize stewards until such time as it has
been notified in writing of their appointment by the Union.
6.07
Right of Union Representation During Meetings
An employee who is being notified of her discharge, suspension, written warning
or in the case of a performance improvement interview conducted with more
than one executive, the employee will be informed of her right to have the
presence of a steward or witness of the employee’s choice from the
Bargaining Unit prior to or as soon as reasonably possible after the beginning
of any meeting where the employee is being notified of such disciplinary action.
This provision shall also apply when an interview that is of a disciplinary nature
is held with an employee that becomes part of her record regarding her work or
conduct.
In the event that a steward or witness of the employee’s choice from the
Bargaining Unit is not present at such time, the Company shall notify the
Union of the discharge, suspension or written warning within seventy-two (72)
hours after such notice has been given. It is understood that the failure to comply
with the foregoing procedure shall not render the discipline a nullity, but the
parties may review the circumstances of the breach.
6.08 Any employee who so desires, shall have the right to review his personnel record
in the presence of a member of management. Such review is to take place at such
time and place within the Store as may be designated by management. At the
employee’s request a Union Steward may accompany the employee.
Article 7 – Specific Penalties
7.01
Where it is necessary to search an employee’s locker or personal belongings, the
said search will be conducted with the employee present and the employee may
request the presence of a Steward.
Article 8 – Relationship
8.01
The Company and the Union each agree that there will be no intimidation,
discrimination, interference, restraint or coercion exercised or practised by either
of them or their representatives or members because of an employee’s
membership in the Union or because of his activity in the Union.
8.02 The Union further agrees that there shall be no Union activities during working
hours except as authorized by the Collective Agreement.
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Article 9 – No Strikes and Lockouts
9.01
The Union agrees that during the life of this collective agreement there will be no
strikes, picketing, slowdown, or stoppage of work, either complete or partial, and
the Company agrees that there will be no lockout.
Article 10 – Hours of Work
10.01 (a)
The normal work week for regular full-time employees shall consist of
twenty-eight to forty (28-40) hours, per week, worked in, up to and
including five (5) days. It is understood that a full-time employee shall not
be scheduled for more than one (1) shift of less than six (6) hours in the
normal work week. It is understood and agreed that the provisions of this
Article are intended only to provide a basis of calculating time worked and
shall not be considered a guarantee as to the hours of work per day or per
week or the days of work per week.
(b)
The normal work week for part-time employees shall consist of up to
twenty-seven (27) hours per week worked in, up to and including five (5)
days per week, except that the hours worked in a week may be exceeded
for up to thirteen (13) consecutive weeks or for such periods where the
employee is relieving for sickness, accident, vacation, or leaves of absence
including pregnancy and parental or adoption leave, during a store
renovation or during the Christmas period. Part-Time employees
must be available for a minimum of two (2) shifts each week.
10.02 (a)
Authorized hours worked in excess of eight (8) hours per day or forty (40)
hours per week shall be compensated at time and one-half the employee’s
regular straight time hourly rate.
(b)
There shall be no duplication or pyramiding of hours worked for the
purpose of computing overtime.
(c)
The parties to this agreement recognize that the needs of the business may
require the performance of overtime work from time to time and
employees agree to perform such work. The Company will attempt to
advise employees of required overtime as far in advance as is practicable
and employees shall be paid only for those hours actually worked and
assigned as per his/her schedule.
10.03 An employee shall swipe in with his CHRIS identification card before he
commences work and swipe out upon leaving at the end of the day and at meal
times.
10.04 (a)
The Company will post work week schedules by no later than noon of the
Wednesday of each week for hours to be worked by employees during the
following week or for such longer period as the Company considers
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appropriate. Such schedule is for the information of employees and may be
subject to change. Employees shall be notified of changes. Such changes
are to be handwritten in ink. Changes to an employee’s shift cannot be
made unless twenty-four (24) hours’ notice is provided, except in the case
of emergency or by or by mutual agreement.
(b)
Consistent with the efficiency of operations, break periods are as follows:
Length of Shift
Paid Rest Period
Unpaid Rest Period
less than 4 hours
none
none
4 to 4 ¾ hours
1 - 15 min.
none
5 to 6 ¼ hours*
1 - 15 min.
1 - 15 min.
6 ½ to 7 ¾ hours
1 - 15 min.
1 - 30 min.
8 hours
1 - 15 min.
1 - 60 min.
8 ¼ hours to 9 hours
2 - 15 min.
1 - 60 min.
*An employee working a 5 hour shift or more, but less than 6 ½ hours,
will combine the 15 minute paid rest period with the 15 minute unpaid rest
period.
(c)
The Business Representatives of the Union or the steward shall have the
right to receive necessary information including final hours to pay reports
and exception reports, to substantiate discrepancies on an individual case
basis. Requests for information should be received in writing
from the Union.
(d)
Employees shall not be required to work a split shift.
(e)
An employee scheduled or called in to work shall be provided with a
guarantee of four (4) hours of work or pay in lieu thereof unless the work
is suspended for a reason completely beyond the employer’s control
including unsuitable weather conditions.
10.05 Notice of Absence
(a)
Employees are required to attend work regularly.
(b)
When unable to attend, the employee must contact his supervisor as far in
advance as possible of his scheduled start time, giving the reason he is
unable to attend work, date of his expected return, and the details as to
where he can be contacted in his absence. If the employee cannot contact
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his supervisor he must contact the Store Manager, Service Manager or
Merchandise Operations Manager. In the event that none of the above
individuals are available, the employee shall, at the first opportunity,
contact the Store Manager, Service Manager or Merchandise Operations
Manager.
(c)
An employee may be required by the Company to substantiate the reasons
for any absence, provide a professional prognosis of his projected pattern
of absences, his expected date of return, and his limitations, if any. Should
the Company require medical documentation as outlined above, the
Company shall pay for such documentation
Article 11 – Probation Period and Temporary Employees
11.01 (a)
An employee will have no seniority and shall be considered on probation
until he has been employed ninety (90) calendar days.
(b)
During an employee’s probationary period, the Company may discipline or
discharge a probationary employee in its sole discretion for any reason
satisfactory to the Company provided that the Company acts in good faith.
11.02 Temporary Employees
(a)
Notwithstanding the above, it is recognized and agreed that the Company
may, during the Christmas Period, and each year, hire new employees on
a limited term basis and the release of such an employee within the same
period shall not give rise to a difference between the parties or be the
subject of a grievance for any reason, whether or not the employee has
worked sufficient time to have completed the normal probationary period.
If the employee is retained after that period in any year, he or she shall be
credited with all time worked toward the completion of probation and,
once that is completed, towards seniority as specified in this agreement.
Similarly, in the event that the Company does not have adequate staffing
to complete a store renovation they may hire individuals on a temporary
basis to perform such work.
(b)
It is understood that where the Company does not have adequate staffing
the days of and the days prior to the annual inventory, for inventory
purposes, they may hire individuals on a temporary basis to perform such
work and such persons will not be considered part of the bargaining unit.
Article 12 – Seniority
12.01 (a)
Seniority of an employee shall be defined as length of continuous
employment since the last date of hire with the Company in the
Bargaining Unit. Seniority shall only be credited upon completion of the
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probationary period. Seniority rights will apply only to the extent expressly
provided in this agreement. Separate seniority lists shall be kept for
regular full-time employees and part-time employees.
(b)
Any non-bargaining unit employee who enters the bargaining unit shall
accumulate seniority from the date of entry. Should a bargaining unit
employee leave the bargaining unit and remain employed in the Company
in any capacity and subsequently return to the bargaining unit, such
employee will return with seniority based on her actual time in the
bargaining unit.
(c)
Within thirty (30) calendar days of ratification and in January and July of
each year thereafter, the seniority list, including the employee’s seniority,
service date and employee status (full-time or part-time) shall be posted
and a copy mailed to the Union.
(d)
In the event two (2) or more employees are hired on the same date their
placement on the seniority list, following the probationary period, shall be
determined by the luck of a draw conducted by the parties.
12.02 The seniority of an employee shall be lost and her employment terminated for
any of the following reasons:
(a)
he quits his employment;
(b)
he retires;
(c)
he is discharged and such discharge is not reversed through the grievance
or arbitration procedure;
(d)
he does not perform work for the Company for a period of twelve (12)
months in the case of layoff or for twenty-four (24) months for any other
reason unless that reason is in violation of the British Columbia Human
Rights Code or any other applicable legislation. The Company agrees to
indemnify the Union with respect to any complaint or grievance if the
Union is found in violation of the Code or applicable legislation as a result
of this clause.
(e)
he is absent from work without permission for more than two (2)
consecutive working days, unless an explanation satisfactory to the
Company is given by the employee;
(f)
he overstays a vacation or leave of absence without securing the extension
of such leave of absence or vacation from the Store Manager unless an
explanation satisfactory to the Company is given by the employee;
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(g)
he is recalled to work, but fails to return within ten (10) calendar days of
the mailing of notification to return unless the failure to return were for
reasons completely beyond the control of the employee. Such mailing shall
be by registered mail to the last address of the employee that the Company
has in its files for that employee;
(h)
if an employee utilizes a leave of absence for purposes other than those for
which it was granted;
(i)
he fails to return to work immediately after the Company has been notified
by a doctor or Workers’ Compensation Board that the employee is able to
return to his job and all appeal procedures related to the employee’s claim
have been exhausted.
(j)
In the case of a part-time employee where the employee has not been
scheduled to work for more than three (3) months or where the employee
has not accepted work for more than one (1) month.
12.03 Part-time/Full-time Transfer
(a)
When a full-time employee is moved to a part-time position, she shall be
credited with part-time seniority equivalent to her full-time seniority or
part-time seniority, whichever is greater.
(b)
When a part-time employee is moved to a full-time position, she shall be
credited with full-time seniority equivalent to one-half (½) of her parttime seniority.
(c)
An employee who requests a reduction in status as stipulated in Article
12.03(a) shall not be entitled to bid for a position in the same classification
until 24 months have elapsed. This restriction shall not apply to an
employee who has reverted in status as an alternative at time of layoff.
Article 13 – Layoff and Recall
13.01 When the Company decides to reduce its full-time work force in a scheduling area
it shall reduce the most junior full-time employee in the scheduling area,
provided the remaining employees are qualified to perform the remaining work.
13.02 The employee selected will displace the most junior full-time employee in his
classification provided he has more seniority, and is qualified to perform the
work.
13.03 If not able to displace an employee in his classification, the employee selected will
displace the most junior full-time employee in the bargaining unit provided he
has more seniority and is qualified to perform the work.
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13.04 If the employee cannot displace a full-time employee in the bargaining unit, the
employee selected will displace the most junior part-time employee in the
scheduling area provided he has more seniority and is qualified to perform the
work.
13.05 If the employee cannot displace the most junior part-time employee in his
scheduling area, he shall displace the junior part-time employee in the bargaining
unit provided he has more seniority and is qualified to perform the work.
13.06 If the full-time employee cannot displace a part-time employee, or does not wish
to accept the assignment to part-time status, or no such assignment is available,
he will be laid off.
13.07 Persons on layoff who retain recall rights shall be recalled in reverse order of
layoff provided they are qualified to perform the available work. Employees
reduced to part-time status pursuant to the above procedures will be given the
opportunity, for a period of twelve (12) months, to return to full-time status,
provided they have the necessary seniority and qualifications, prior to new fulltime employees being hired.
13.08 The Company shall notify employees who are to be laid off one week prior to the
effective date of layoff, or award pay in lieu thereof, unless a greater period of
notice is required by legislation, in which case such greater period of notice or
pay in lieu thereof shall be given.
Article 14 – Promotions
14.01 (a)
Where a job vacancy occurs or a new job is created, which the Company
intends to fill, it shall post notice of the vacancy in the store for a period of
seven (7) working days. Employees bidding on the vacancy must make
application to the store manager no later than the seventh working day.
The Company need not consider any application who, within the prior
three (3) month period, successfully bid on a job vacancy.
(b)
Applicants shall be considered for the position on the basis of their
immediate qualifications and seniority. If the Company is satisfied that the
qualifications of applicants to perform the job, without training but subject
to a one (1) week familiarization period, are relatively equal, then the
senior applicant shall be promoted.
(c)
The successful applicant shall be allowed, for a period of fifteen (15) shifts
worked, to return to her former position without loss of seniority or wage
of position previously held, should the employee find herself unable to
perform the duties of the new job classification.
(d)
If the Company is satisfied that nobody who has applied has the
qualifications to satisfactorily perform the requirements of the job,
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without training but subject to a one (1) week familiarization period, the
Company may select any employee in the bargaining unit for training or
appoint an employee from outside the bargaining unit or outside of the
Store or hire a new employee.
(e)
This article will not apply where the Company does not expect a vacancy to
exceed ninety (90) calendar days or where the vacancy is caused by illness,
accident, vacation or leaves of absence, including pregnancy and parental
leave.
(f)
For the purposes of the Collective Agreement, a promotion shall be
defined as a movement from one classification to another classification
within the bargaining unit where the maximum rate of pay applicable to
the new classification exceeds or is the same as the maximum rate of pay
applicable to the employee’s present classification, or movement which
would create an upward change in the employees’ status as defined in
Article 3.01(b) and (c).
14.02 For the purposes of the Collective Agreement, “qualification” and “qualified” shall
be defined as an employee’s skill, ability, education, productivity, experience,
provided all the relevant qualifications are applied in an even, relevant and nondiscriminatory fashion.
14.03 Nothing in Articles 12 - Seniority, 13 - Layoffs, and 14 - Promotion limits the
Company’s right to assign or transfer employees within the same classification to
different job assignments within that classification.
14.04 No employee shall be transferred to a position outside the Bargaining Unit
without her consent.
14.05 A full-time employee who desires to step down into a part-time position may
apply to any part-time job posting as an additional mechanism to their request
for reclassification.
Article 15 – Grievance Procedure
15.01 For the purposes of this collective agreement, a grievance is defined as a
difference arising between the parties relating to the interpretation, application,
administration, or alleged violation of the agreement, including any question as
to whether a matter is arbitrable.
15.02 It is the mutual desire of the parties that complaints of employees must be
adjusted as quickly as possible.
15.03 It is understood that an employee has no grievance until he has first given his
immediate supervisor the opportunity of adjusting his complaint orally or in
writing.
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15.04 If an employee has an unsettled complaint regarding the interpretation,
application, administration, or alleged violation of this agreement then:
Step I
If any employee has a complaint he shall discuss it with his immediate supervisor
within five (5) days after the circumstances giving rise to the complaint has occurred
or ought to have reasonably come to the attention of the employee. The employee
may request the assistance of his Steward to present his complaint. The Supervisor
shall give his response to the complaint within five (5) days. and, failing settlement
it then may be taken up as a grievance within five (5) days after being advised of the
Supervisor’s decision in the following manner and sequence.
Step II
Failing settlement within five (5) calendar days from the final date for the
supervisors reply, the grievance may be submitted in writing to the Service
Manager. A meeting will be held between the Company and employee with the
Union steward. Such meeting shall be held within seven (7) calendar days of
submission of the grievance at Step II unless extended by agreement of the parties.
The decision of the Company shall be delivered in writing within ten (10) calendar
days following the date of such meeting.
Step III
Failing settlement, within five (5) calendar days from the final date for the Service
Manager’s reply, the grievance may be submitted in writing to the Store Manager or
alternate. A meeting will be held between the Company and the employee with the
Union steward and Business Representative. Such meeting shall be held within
seven (7) calendar days of submission of the grievance at Step III unless extended
by agreement of the parties. The decision of the Company shall be delivered in
writing to the Business Representative within ten (10) calendar days following the
date of such meeting.
Policy Grievance
15. 05 Any differences arising directly between the Union and the Company, relating to
the interpretation, application or alleged violation of the agreement may be
presented by either party as a Policy Grievance within fourteen (14) calendar days
after the date when the subject matter of the grievance first arose. Such grievance
shall be heard commencing at Step No. III. It is understood, however, that the
provision of this paragraph shall not be used with respect to a grievance directly
affecting an employee(s) and that the regular grievance procedure shall not be
bypassed.
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Arbitration
15.06 (a)
Failing settlement under the foregoing procedure, any grievance involving
the interpretation, application, administration or alleged violation of this
agreement, including any question as to whether a matter is arbitrable,
may be submitted to arbitration. If no written request for arbitration is
received, within thirty (30) calendar days after the decision under Step III
is given, the grievance shall be deemed to have been abandoned.
(b)
No adjustment effected on the grievance and arbitration procedure shall
be retroactive beyond five (5) days prior to the date that the grievance was
formally discussed or presented to the Company except in the case of
wages or cash benefits issues, where the adjustment shall not be
retroactive prior to the first occurrence of the issue but in any case not
before forty-five (45) days prior to the date that the grievance was formally
discussed or presented to the Company.
15.07 Where either party requests that a matter be submitted to arbitration, it shall
make such request in writing addressed to the other party to this agreement and
at the same time appoint a nominee. Within seven calendar days thereafter the
other party shall appoint a nominee; provided, however that if such party fails to
appoint a nominee as herein required, the Arbitration Bureau of British Columbia
shall have power to make such appointment upon application thereto by the
party invoking the arbitration procedure. The chairperson of the board shall be
chosen by the parties’ nominees within ten days of the appointment of the second
nominee.
15.08 No person may be appointed as a nominee who has been involved in an attempt
to negotiate or settle the grievance.
15.09 The parties may agree to a Single Arbitrator by mutual agreement who shall have
all the same rights as a Board of Arbitration.
15.10 Time limits in the grievance and arbitration procedure are mandatory and failure
to submit the grievance or process it in a timely manner will result in the
grievance being deemed abandoned. If no written answer has been given within
the time limit specified, the grievance may be submitted to the next step. Time
limits may be extended by written agreement between the Company and the
Union.
15.11 No matter may be submitted to arbitration which has not been carried through
all required steps of the Grievance Procedure.
15.12 The arbitration board shall not be authorized to make any decision inconsistent
with the provisions of this agreement, nor alter, modify, add to or amend any part
of this agreement.
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15.13 The proceedings of the arbitration board will be expedited by the parties hereto
and the decision of the majority and, where there is no majority the decision of
the chairperson, will be final and binding upon the parties hereto and the
employee or employees concerned.
15.14 Each of the parties shall bear the expenses of their respective nominees and will
share equally the expenses of the chairperson of the arbitration board.
Article 16 – Leaves of Absence
Funeral Leave
16.01 (a)
In the event of the death in the immediate family of an employee, the
employee will be granted up to three (3) days off. Such leave shall be
without loss of pay from regular earnings. The term “immediate family”
shall means spouse, parent, child, brother, sister, mother-in-law, fatherin-law, son-in-law, daughter-in-law, step parents, step siblings, step
child, common law partner and same sex partner.
(b)
In the event of the death of the employee’s grandmother, brother-in-law,
sister-in-law, aunt, uncle, grandfather or grandchild, leave up to one (1)
day shall be granted without loss of regular earnings for attendance at the
funeral.
(c)
Time off due to the death of a member of an employee’s family must be
taken at the time of the bereavement.
16.02 Pregnancy and Parental Leave
Pregnancy, parental and family responsibility leave shall be granted in
accordance with the provisions of the Employment Standards Act of B.C. as
amended.
16.03 Benefits Coverage During Personal Leave of Absence
During an approved leave of absence the Company shall continue to make
payments to all Health and Welfare Plans provided that the employee contributes
his share, if any. Seniority shall continue to accrue on any approved leave of
absence.
16.04 Jury Duty
Where an employee is required to serve on a Jury or subpoenaed as a Crown
Witness, he shall be relieved of his duties for such time as it may require and he
shall be paid the difference between his fee as a Juror or Crown Witness and his
earnings for time lost providing that the employee furnishes the Company with a
certificate of service signed by the clerk of the Court showing the amount of any
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fee received. It is the employee’s responsibility to come to work at any time that
he is not actually required for Jury duty or to be present in court. If any
employee’s service as a Juror or Crown Witness is not required for the entire day,
he is expected to return to work for the remainder of the day, however, at no time
shall the combined Jury or Crown Witness duty and employment duties exceed
seven and a half (7.5) hours per day.
16.05 Union Leave
16.06
(a)
Taking into account the needs and efficiencies of the business, the
Company may grant a leave of absence without pay and without loss of
seniority to Union Stewards to attend Union conventions or Union
educational sessions. Not more than three (3) Stewards shall be off at any
one time and all leaves for all employees shall not exceed fifteen (15)
working days per year. Such leave shall not be unreasonably denied.
(b)
The Company will pay the lost wages and benefits of stewards who are
on leave of absence, at the written request of the Union. The Union will
promptly reimburse the Company the full amount of the lost wages paid to
the Steward.
(c)
Union leave for the purposes of collective bargaining shall not
be included in the 15 working days referred to in Article
16.05(a).
The provisions of Article 16 apply to full-time employees. Articles 16.02 and
16.05, also apply to part-time employees.
Article 17 – Health and Safety Committee
17.01 It is the policy of the Company to make reasonable provision for safe and
healthful working conditions for all employees and the employees agree to work
in a safe manner. The Union agrees to support the maintenance of the proper
observation of all health and safety rules.
17.02 The Employer agrees to maintain a Health and Safety Committee in the store.
The Committee shall function in accordance with the Workers’ Compensation
Board Health and Safety Regulations.
17.03 Up to 3 members of the bargaining unit shall be elected by bargaining unit
members in the Store or shall be appointed by the Union to the Health and Safety
Committee.
Article 18 – Vacations
18.01 The vacation year is July 1st to June 30th. Service, for purposes of vacation
entitlement, is defined as regular service in a full-time or part-time capacity.
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18.02 During the annual vacation period of July 1st to June 30th, employees with less
than one year of service receive vacation pay at the rate of 4% of earnings.
Thereafter the annual vacation entitlement for service as of June 30th.
1 year or more
2 weeks*
4%
3 years or more
3 weeks
6.123%
10 years or more
4 weeks**
8.334%
20 years or more
5 weeks **
10.639%
25th year only
6 weeks***
13.044%
*
or as required by the Provincial legislation (whichever is greater)
**
three (3) continuous week maximum
*** four (4) continuous weeks maximum, subject to the approval of the
District Manager
18.03 There shall be no carryover of vacation from any vacation year to the next, except
in exceptional circumstances relating to sickness, accident or maternity.
18.04 Vacation Scheduling
(a)
Employees shall indicate their vacation preference, if any, no later than
April 30th for the vacation period of July 1st to October 31st and no later
than November 1st for the vacation period January 6th to June 30th. Where
an employee requests a specific vacation period, the Company shall
confirm or deny, in writing, such request within two (2) weeks after the
April 30th or November 1st deadline.
(b)
Where, in scheduling vacations in accordance with the foregoing, conflicts
arise as to choice of vacation times, consideration shall be given to
respective length of service, and the efficiency of operations in the final
determination of a vacation schedule.
(c)
No vacation shall be scheduled between November 1st and January 5th
and during the week of annual inventory. The granting of vacation during
these two periods will only be done in rare cases based on compassionate
grounds.
18.05 The provisions of 18.01, 18.02, 18.03 and 18.04 apply to full-time employees.
Part-time employees shall receive four percent (4%) of their previous year’s
earnings calculated from July 1st to June 30th. Part-time employees who have
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completed 5 years of service shall receive six percent (6%) of their previous year’s
earnings calculated from July 1st to June 30th.
Article 19 – Statutory Holidays
19.01 Employees shall be entitled to the following holidays:
Statutory Holidays
New Years Day
Good Friday
Victoria Day
Canada Day
Labour Day
B.C. Day (1st Monday in August)
Thanksgiving
Remembrance Day
Christmas Day
Company Recognized Holidays
Boxing Day
Float Day*
*Conditions of eligibility for the Float Day shall include the
following:
(a)
Must be a full-time employee with at least one year of service
from the employee’s current date of hire;
(b)
All employees as at the date of ratification of this Collective
Agreement shall continue to be eligible for Float Days;
(c)
Employees hired following the date of ratification of this
Collective Agreement will be entitled to Float Days once the
employee achieves full-time status and has completed one year
of service from their current date of hire.
19.02 Conditions of Eligibility
(a)
Must have been employed for thirty (30) days.
(b)
Must have worked at least fifteen (15) of the last thirty (30) days before the
holiday.
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19.03 Entitlement
(a)
If the holiday falls on the employee’s regular working day, the employee is
entitled to a day off with pay equal to the employee’s normal hours of work
on that day or if the employee has no fixed schedule of work, pay will be
the average daily earnings (excluding overtime) for the four (4) weeks
preceding the holiday (exclusive of annual vacation).
(b)
If the holiday falls on a non-working day for an employee, the employee is
to receive an alternate day off with pay on a regular day within the next
two (2) pay periods.
(c)
An employee required to work on a holiday is to be paid one and one-half
(1½) times her regular wages for the first eleven (11) hours worked and
double-time after eleven (11) hours plus the employee is to be given
another day off with pay on a regular working day within the next two (2)
pay periods.
(d)
A part-time employee is to be paid an average of the total number of hours
worked (exclusive of overtime) during the preceding thirty (30) days,
divided by the number of days worked.
(e)
(i)
Where a holiday falls during a full-time employee’s scheduled
vacation period her vacation shall be extended by one (1) day and
shall be indicated on the vacation request form.
(ii)
When a holiday falls during an absence unpaid by the Company,
including layoff, the employee will not receive holiday pay.
(iii)
Where a holiday falls while an employee is on sick leave, she shall
not receive holiday pay but continue to receive such pay to which
she is entitled.
(f)
On Company recognized holidays, unless provided otherwise by law, when
the store remains open employees will not be paid time and one half for
hours worked in addition to their regular pay or straight time off.
(g)
The Float Day calendar will run from January 1 to December 31 of each
year. Eligible employees are expected to take their Float Day each year.
The Employer and the Union shall post Article 19 on their respective
bulletin boards. However, there will be no carry over from year to year.
(h)
If the Federal or Provincial government declares another statutory holiday
it shall replace the Float Day mentioned above.
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Article 20 – Benefits Plans
20.01 It is agreed that the application of the Company’s benefits relating to: Health &
Dental care; Employee Discounts; Sickness and Disability; Pension Plan; Life
Insurance; Long Service Awards; Canada Savings Bonds; Employee Share
Ownership Plans; and R.R.S.P.s, shall continue in respect to the employees in
conformity with their general application throughout the Company including any
improvements or reductions. It is understood that the benefit plans are not part
of the Collective Agreement and are not themselves subject to the grievance
procedure or arbitration.
20.02 The Company will provide all details of benefit changes to the Union, as soon as
possible and, in any case, coincide with their introduction. If existing benefits in
20.01 are reduced the Company will discuss any such reduction with the Union in
advance.
20.03 It is agreed that employees shall be eligible to receive the Company’s Annual
Incentive Plan. The application of the Annual Incentive Plan shall conform
with the general application throughout the Company including any
improvements or reductions, as they apply from time to time.
Article 21 – General
21.01 The Company will provide the space for a properly sized bulletin board, as
mutually agreed, for the sole purpose of posting Union notices to its members.
Other than the regular Union meeting notice, all other notices will be initialled by
a Steward and must be given to the Store Manager for approval and signature
before posting. The bulletin board shall be located to ensure it is visible to all
bargaining unit employees.
21.02 The Company agrees to provide uniforms in accordance with Company policy.
21.03 The Company safety shoe program will apply for designated positions.
21.04 Joint Labour Management Committee Meetings
(a)
Mission Statement
The intent of the Labour Management meetings is to provide a vehicle for
discussions, dialogue, problem solving and harmonious labour relations
between the parties in a constructive manner recognizing that full
discussion of store issues and earliest agreement are in the best interest of
both parties.
(b)
The parties will endeavour to meet once a month at a time most
convenient to the parties and least disruptive to the operations. A copy of
the minutes of each meeting shall be posted on the bulletin board.
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Safeguard
(c)
Labour Management meetings should not be used to delay the discussion
of an issue or to circumvent the normal process of the collective
agreement.
Article 22 – Wages
22.01 (a)
The wage scales applicable under this agreement are attached as
Appendix A.
(b)
The wage rate applicable to each employee within the applicable wage
scales shall be determined in accordance with this Article.
22.02 The Start Rate for new employee shall be the “start rate” in the applicable
Appendix.
22.03 After the completion of 6 months of work, an employee shall move automatically
to the “6 Month Rate” in the applicable Appendix. Thereafter, that employee’s
wage rate will be determined in accordance with the provisions of Article 22.04 to
22.09.
22.04 Those employees who have completed 6 months of employment as at the date of
ratification of this agreement who remain employed as at that date shall have
their wage rates adjusted in accordance with Article 22.04 to 22.09. The wage
rate of an employee which may be increased in accordance with Article 22.07
shall be the wage rate of that employee that was in effect immediately prior to the
ratification of this agreement.
22.05 Employees (except those who are at the “Start Rate”) shall be eligible for a wage
increase each year in accordance with the process outlined in Article 22.06.
22.06 Determination of Compensation
General
(a)
Each eligible employee’s individual performance will be assessed and
communicated to the employee prior to the application of any wage
increase (if applicable) to be scheduled to be effective no later than April 1
of each year.
(b)
The employer’s criteria to determine each employee’s performance will be
in accordance with the Company’s Performance Achievement Review
process.
(c)
An employee will be assessed at one of the performance rating levels
identified in the Company’s Performance Achievement Review process.
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For the term of this agreement, the performance rating levels shall be as
follows:
(d)
i)
Improvement Required
ii)
Developmental
iii)
Solid Performance
iv)
Exceeds Requirements
v)
Peak Performance
The wage rate of the employee to be increased (if eligible for an increase)
effective April 1, 2005 shall be the wage rate identified in Article 22.04.
The wage rate of the employee to be increased in subsequent years (if
eligible for an increase) shall be the wage rate the employee held
immediately before the effective date of the next applicable increase.
Determination of Wage Rate
(e)
Each employee’s wage rate to commence on April 1st each year shall be
determined on an individual basis in accordance with the results of the
performance assessment referred to in this Article.
22.07 (a)
The increases to be applied effective April 1, 2005 (based on the
Collective Agreement ending March 31, 2008) shall be:
(i)
Employees evaluated as Improvement Required shall not
be eligible for an increase
(ii)
Employees evaluated at the Developmental level shall
receive an increase of 1.50% applicable to the employees’
classification identified in Appendix A.
(iii)
Employees evaluated at the Solid Performance level shall
receive an increase of 2.0% applicable to the employees’
classification identified in Appendix A.
(iv)
Employees evaluated at the Exceeds Requirement level
shall receive an increase of 2.50% applicable to the
employee’s classification identified in Appendix A.
(v)
Employees evaluated at the Peak Performance level shall
receive an increase of 3.0% applicable to the employee’s
classification identified in Appendix A.
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(b)
(c)
The increases to be applied effective April 1, 2006 (based on the
Collective Agreement ending March 31, 2008) shall be:
(i)
Employees evaluated as Improvement Required shall not
be eligible for an increase
(ii)
Employees evaluated at the Developmental level shall
receive an increase of 1.50% applicable to the employees’
classification identified in Appendix A.
(iii)
Employees evaluated at the Solid Performance level shall
receive an increase of 2.0% applicable to the employees’
classification identified in Appendix A.
(iv)
Employees evaluated at the Exceeds Requirement level
shall receive an increase of 2.50% applicable to the
employee’s classification identified in Appendix A.
(v)
Employees evaluated at the Peak Performance level shall
receive an increase of 3.0% applicable to the employee’s
classification identified in Appendix A.
The increases to be applied effective April 1, 2007 (based on the
Collective Agreement ending March 31, 2008) shall be:
(i)
Employees evaluated as Improvement Required shall not
be eligible for an increase
(ii)
Employees evaluated at the Developmental level shall
receive an increase of 1.50% applicable to the employees’
classification identified in Appendix A.
(iii) Employees evaluated at the Solid Performance level shall
receive an increase of 2.0% applicable to the employees’
classification identified in Appendix A.
(iv)
Employees evaluated at the Exceeds Requirement level
shall receive an increase of 2.50% applicable to the
employee’s classification identified in Appendix A.
(v)
Employees evaluated at the Peak Performance level shall
receive an increase of 3.0% applicable to the employee’s
classification identified in Appendix A.
22.08 No employee shall have his wage rate reduced in the administration of this
compensation system.
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22.09 The determination of an employee’s wage rate in accordance with the Article shall
not give rise to a difference between the parties or be the subject of a grievance
for any reason unless it is alleged that the employee’s performance rating was
discriminatory.
Article 23 - Duration
23.01 This agreement is effective from April 1, 2005 to March 31st. 2008.
23.02 Nothing in this agreement shall be retroactive prior to the date of ratification,
2006, unless specifically indicated herein.
Dated at ___________________, this ______day of ______________ 2006.
For the Company:
For the Union:
Zellers Inc., Store No. 264
(Brentwood)
United Food and Commercial
Workers Union, Local 1518
Brooke Sundin, President
Don Robertson, Director of Bargaining
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Appendix A
The start and 6 month rates for employees effective the date of ratification to March 31,
2008 shall be as follows:
Job Title
Start
6 Month
Wait Staff
Kitchen Helper
Cook Staff
Checkout Associate
Customer Service Desk Associate
Fitting Room Associate
Full Service Business Associate – Home
Entertainment
Full Service Business Associate – Jewellery
Full Service Business Associate – Shoes
MMT Day Associate
Planogram Associate
Receiving Area Associate
Merchandise Operation Associate – Hardlines
Merchandise Operation Associate – Fashion
Customer Service Steward
OTC Associate
MMT Overnight Associate
Food Service Assistant
Sr. Checkout Associate
Office Associate
Sr. Merchandise Associate
Price Control Coordinator
In Stock Integrity Associate
Sr. MMT Associate
$8.15
$8.15
$8.15
$8.15
$8.15
$8.15
$8.15
$8.55
$8.55
$8.55
$8.55
$8.55
$8.55
$8.55
$8.15
$8.15
$8.15
$8.15
$8.15
$8.15
$8.15
$8.15
$8.15
$8.15
$8.15
$8.15
$8.15
$8.15
$8.15
$8.15
$8.15
$8.55
$8.55
$8.55
$8.55
$8.55
$8.55
$8.55
$8.55
$8.55
$8.55
$8.55
$8.55
$8.55
$8.55
$8.55
$8.55
$8.55
Note 1: It is understood that those Associates who as at the date of
ratification, 2006, are paid the start rate of $8.00 per hour shall
move to $8.15 per hour commencing the date of ratification.
Note 2: It is understood that those Associates who as at the date of
ratification, 2006, are paid at the six-month rate of $8.40 per hour
shall move to $8.55 per hour commencing the date of ratification.
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Letter of Understanding No. 1
Grandfathering
Between:
Zellers Inc., Store No. 264 (Brentwood)
(“Company”)
And
United Food and Commercial Workers, Local 1518
(“Union”)
It is agreed that certain employees were grandfathered for certain conditions of work
following the implementation of the Full-Time Intensification Program.
The grandfathered employees to which this Letter of Understanding applies are:
Katerina Latinac
Marisa Lourenco
Marcie Van Berkel
Sunita Dani
Diane Blackburn
Laverne Rouse
The grandfathering will remain in effect for the above designated employees until the
earlier of:
•
The employee leaving the employ of the employer;
•
The employee voluntarily moves to another position;
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•
The employee voluntarily changes to part-time status or in the case of Katerina
Latinac, if she voluntarily moves to a full-time position, or restricts her part-time
availability.
Dated this _____ day of ___________, 200_.
Zellers Inc., Store No. 264
(Brentwood)
United Food and Commercial
Workers Union, Local 1518
Brooke Sundin, President
Don Robertson, Director of Bargaining
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Letter of Understanding No. 2
Initiation Fees – Temporary Employees
Between:
Zellers Inc., Store No. 264 (Brentwood)
(“Company”)
And
United Food and Commercial Workers, Local 1518
(“Union”)
The Union agrees to not collect any initiation fees for any temporary employee unless
and until such employee attains regular status.
Dated this ___ day of _______, 200_.
Zellers Inc., Store No. 264
(Brentwood)
United Food and Commercial
Workers Union, Local 1518
Brooke Sundin, President
Don Robertson, Director of Bargaining
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Letter of Understanding No. 3
Pharmacy Technicians
Between:
Zellers Inc., Store No. 264 (Brentwood)
(“Company”)
And
United Food and Commercial Workers, Local 1518
(“Union”)
It is agreed that the Company’s “Technicians in Training” program applicable to
Pharmacy Technicians shall apply to Pharmacy Technicians employed in Store 264 in
conformity with its general application throughout the Company.
Dated this _____ day of ___________, 200_.
Zellers Inc., Store No. 264
(Brentwood)
United Food and Commercial Workers
Union, Local 1518
Brooke Sundin, President
Don Robertson, Director of Bargaining
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Letter of Understanding No. 4
Scheduling Working Group
Between:
Zellers Inc., Store No. 264 (Brentwood)
(“Company”)
And
United Food and Commercial Workers, Local 1518
(“Union”)
Purpose
The parties agree to the following working group procedure to address scheduling of
work concerns that may arise during the term of the Collective Agreement. This
procedure is intended to provide a forum to address scheduling of work concerns at
Store 264 with a view to finding a resolution of such concerns without compromising
the Company’s ability to maintain an efficient, cost effective operation.
Although not forming part of the Collective Agreement, and not subject to a grievance
for any reason, the Company recognizes that its scheduling practices reflected in
Company policy is generally followed in Store 264.
Resolution Procedures for Scheduling Concerns
General
The Company acknowledges that, from time to time, Associates may have
concerns about the schedule of the days and hours of work assigned or
made available to them. By example, those concerns may include any of the
following type of concerns:
·
the number of hours scheduled or assigned to them;
·
the number of hours of the shifts scheduled or assigned to
them;
·
the Associate’s desire or willingness to accept shifts in other
work groups.
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Resolution Steps
An Associate’s concerns shall be addressed by the following resolution
steps:
Step 1
An Associate shall first raise any scheduling concerns with the Service
Manager, Merchandise Operations Manager or the Store Manager.
There shall be a discussion with the Associate with the object of
resolving the Associate’s concern(s).
Step 2
If the Associate’s scheduling concerns are not resolved by Step 1 above,
the Associate may choose to refer his/her scheduling concern(s) to the
Joint Labour Management Committee for discussion with the object of
resolving the Associate’s scheduling concern(s).
Step 3
If the Associate’s scheduling concern(s) are not resolved through Steps 1
or 2 above, the Associate and/or Union may choose to refer the
Associate’s scheduling concern(s) to the Working Group referred to
below with the object of resolving the Associate’s scheduling concern(s).
Membership of Working Group
The Company and the Union shall each appoint three representatives to the working
group.
The Company representatives shall be:
The Regional Human Resources Manager or designate;
Service Manager of Store 264
Store Manager of Store 264
C7235506 Zellers 264-UFCW 1518 (EXP Mar 31 2008)
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The Union representatives shall be:
Business Representative assigned to Store 264
Two Associate representatives from Store 264
Issues to be Addressed
The following issues of concern may be raised for discussion of the working group:
a.
Concerns related to the number of hours being scheduled for or worked by fulltime Associates;
b.
Concerns related to the number of hours being scheduled for or worked by fulltime employees in relation to part-time Associates within a particular
scheduling area.
c.
Concerns related to the number of hours being scheduled for or worked by fulltime Associates in relation to part-time Associates in general.
d.
Concerns related to the application of Company policy to the scheduling of
Associates generally or related to any specific Associate (provided that an
attempt has been made to resolve the specific Associate’s concern at the store
level).
Meetings
e.
A meeting of the working group may be initiated by the Union in writing to the
Regional Human Resources Manager. Every effort will be made to meet within
seven days of the request. Meetings of the working group shall be co-chaired by
the Regional Human Resources Manager (or designate) and the Union
Business Representative.
f.
The Union shall set out the specific elements of the concerns it wishes to have
addressed.
Discussion/Resolution/Follow-up
g.
The concerns raised by the Union shall be fully discussed in an effort to address
the concerns raised.
h.
If, following the discussion of a concern, a resolution is agreed upon by the
working group, it shall be implemented within an agreed to timetable. It is
acknowledged that such resolutions may involve the recommendation by the
working group for redress to an Associate or Associates in which event any
such redress must fall within the retroactive parameters set out in Article
15.06(b).
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i.
Matters of concern requiring further research or endorsement shall be
addressed within 10 days of the meeting.
Nothing in this Letter of Understanding shall prevent the filing of a grievance on a
scheduling issue alleging a violation of the Collective Agreement.
Dated this _____ day of ___________, 200_.
Zellers Inc., Store No. 264
(Brentwood)
United Food and Commercial
Workers Union, Local 1518
Brooke Sundin, President
Don Robertson, Director of Bargaining
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Letter of Understanding No. 5
Record Removal
Between:
Zellers Inc., Store No. 264 (Brentwood)
(“Company”)
And
United Food and Commercial Workers, Local 1518
(“Union”)
Upon the request of the employee, all records of any disciplinary action
taken by the Company, with the exception of suspensions, shall be removed
from the employee’s file and destroyed twenty-four (24) months after the
date of the incident. This provision applies provided that no further
disciplinary action has occurred within the intervening period.
Dated this _____ day of ___________, 200_.
Zellers Inc., Store No. 264
(Brentwood)
United Food and Commercial
Workers Union, Local 1518
Brooke Sundin, President
Don Robertson, Director of Bargaining
C7235506 Zellers 264-UFCW 1518 (EXP Mar 31 2008)
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Local 2952
(8/11/2006)
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