COLLECTIVE AGREEMENT

BETWEEN

POWELL RIVER PUBLTC LIBRARYBOARD OF TRUSTEES

AND

CANADIAN UNION OF PUBLIC EMPLOYEESLOCAL NO. 798

Janua?y L, 2013

December 3L, 2017

to

cope-491

CA btwn Powell River Public Library Board of Trustees and CUPE Local 798January 1, 2013 to December 3L,20t7

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ContentsPREAMBLEARTICLE 1 - DEFrNmONS................

1.01 EmployeeL.02 Regular Full-Time Employee1.03 Regular Part-Time Employee1.04 Regular Employee or Regular Workforce1.05 Casual Employee.1.06 Probationary Employee...........L.07 Regular Part-Time Employee Benefits...1.08 Plural or Masculine Terms.

ARTICLE 2 - MANAGEMENT RIGHTS...........2.0L Management Rights

ARTICLE 3 - RECOGNITION AND NEGOTIATIONS3.01 Negotiations3.02 Work of the Bargaining Unit.........3.03 No Other Agreements..3.04 BargainingUnit........3.05 Managerial Exclusions3.06 Union Label, Pins and Badges

ARTICLE 4 - DISCRIMINATION and HARASSMENT4.0L Work Environment4.02 Resolving Complaints.............4.03 Disciplinary Action4.04 Access To Grievance Procedure........4.05 Prohibited Grounds For Discrimination4.06 Definition of Harassment.........4.07 Managerial Rightsand Responsibilities..

ARTICLE 5 . UNION MEMBERSHIP REQUIREMENT5.01 All Employees to be Members5.02 Member Contact Information

ARTICLE 6 . CHECK-OFF OF UNION DUES6.01 Deductions6.02 Dues Receipts

ARTTCLE 7 - NEW EMPLOYEE ORIENTATION........7.0I Union Agreement.............7.02 Interuiewing Opportunity.......

ARTICLE B - LABOUR-MANAGEMENT RELATIONS,..,...8.01 Labour-ManagementCommittee8.02 Time Off For Meetings.8.03 Representative of Canadian Union of Public Employees8.04 Meeting ofCommittee.............8.05 Earnings Maintained for Meetings......,....8.06 StaffMeetings.........

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101010101011111111L2L2L2L2T2131313131313L4T4L4L4L4L4L4151515161616t7

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ARTICLE 9 - RESOLUTIONS AND REPORTS OF THE EMPLOYER9,01 Reports or Recommendations9.02 Copies of Resolutions9.03 Board Minutes...

ARTICLE 10 . GRIEVANCE PROCEDURE...........10.01 Definition of Grievance10.02 Procedure10.03 Extension of time limits10,04 Grievance Committee10.05 Policy Grievance

ARTICLE 11 - ARBITRATION .........11.01 Composition of Board of Arbitration..........LL02 Failure to Appoint

..., t7t7T7t71B1B1B19191919

..... 19

11.03 Board ProcedureIL.04 Decisions of the Board11.05 Disagreement on Decision11.06 Expenses of the Board.....

ARTCLE 12 - DISCHARGE, SUSPENSION AND DISCIPLINE.............12.01 Cause for Discharge.........L2.02 Discharge or Suspension Procedure12.03 Unjust Suspension or Discharge........L2.A4 Reprimand12.05 Political Action12.06 Access to Personnel Files12.07 Disciplinary Procedure....

ARTICLE 13 - SENIORITY.........13.01 Seniority Defined (Type of Seniority Unit)13.02 Seniority 1ist..........13.03 Loss of and/or Contínuing Seniority..13.04 Position Redundancy...........13.05 Casual Employee Seniority..13.06 Transfer Outside the Bargaining Unit

ARTICLE 14 - PROMOTTONS AND STAFF CHANGES14.01 Job Postings...........14.02 Filling of Vacancies..............14.03 Trial Period.............14.04 Applications By Casual Employees............

ARTICLE 15 - LAYOFFS AND RECALLS15.01 Definition of Layoff..15.02 Layoff Order15.03 Advance Notice of Layoff .15.04 Bumping..

20202020202020202t2L22222222222223232324242424252526262626262627

15.05 Recall Procedure15.06 Severance Pay.........

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L5.0715.0815.09

ARTICLE16.0116.0216.0316.0416.0516.06L6.0716.0816.09

ARTICLEL7.OL17.02t7.03L7.04

ARTICLE18.0118.0218.03

ARTICLE19.0119.0219.03L9.04

ARTTCLE20.0120.0220.0320.0420.0520.0620.07

ARTICLE2T.OL2L.022r.032L.0421.052r.062L.07

ARTICLE

Family Illness...

Retention of SeniorityNo New EmployeesTemporary Layoffs or Work Stoppages16 - HOURS OF WORKRegular Work WeekRegular Work Day.........Minimum Daily Guarantee for Regular Part-time EmployeesExtra HoursCasual HoursLunch BreakRest PeriodsExpanded Work Day/Week .......29Public Open Hours

17 - OVERTIMEOveftime Rates,

2727272B28282828292929

Time Off In Lieu of Ove¡timeScheduled Oveftime.18 - SHIFT WORK.....Shift Work Premium

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Split Shifts

2929293030303030313131313132323232333434343535353s3636373737373B

Premium Paid for Hours Worked19 - HOLIDAYSList of Holidays .Holidays Fafling on Weekends.........Holidays During VacationChristmas and New Year's Holidays

20 - VACATIONSVacation Entitlement Regulations ...........Vacation EntitlementVacation Schedule. ...............Consecutive Vacation PeriodSupplementary VacationsVacation in Year of Retirement..........Vacation Carryover

2L - SICK LEAVE PROVISIONSAmount of Sick Leave......Medical Care LeaveWorkers' Compensation BoardProof of Illness.Medical Examinations

Duty to Accommodate ........22 - LEAVE OF ABSENCE..,........

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22,0t22.0222.0322.0422.0522.0622.0722.0822.09

ARTICLE23.0123.0223.0323.0423.0523.0623.0723.823.923.10

ARTICLE24.0L24.0224.03

ARÏCLE25.012s.42

ARTICLE26.0126.0226.0326.0426.05

ARTICLE27.0r27.0227.0327.0427.0527.06

ARTICLE28.01

ARTICLE29.0r

For Union Business..Þaralrrartranf I arrrauçtEqvçIttçt¡L LLqvvEmergency Leave......Jury Duty and Couft-Required BusinessHoliday DinnerMaternity and Parental Leave.General LeaveCompassionate Care LeaveEntitlements While on Leave

23 - PAYMENT OF WAGES AND ALLOWANCESSchedulesTemporary AppointmentsNew PositionsPay DaysPay on Temporary Transfers.Automobile AllowanceStudents..Emergency Closure Pay .........Training, Conferences & Meetings........First Aid Allowance Premiums

24 - RETIREMENT...RetirementGroup Registered Retirement Savings PlanMunicipal Pension Plan ........

25 - JOB CLASSIFICATON AND RECLASSIFICATONChanges in ClassificationJob Descriptions.

26 - EMPLOYEE BENEFITSEmployee Benefits - General ..Medical InsuranceDental P1an....,...Benefits While Absent.....Long-Term Disability

27 . SAFETY AND HEALTHPay for Injured Employees.............First Aid Kit.Right to Refuse Unsafe WorkDisclosure of InformationEmployee Working AloneHealth and Safety

28 - TECHNOLOGICAL AND OTHER CHANGESTechnological Change

29 . JOB SECURITYContracting Out

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29.02 Volunteers............. 5555555555565656565B59606162

ARTCLE 30 . GENERAL CONDITIONS30.01 Bulletin Board

ARTICLE 31 - PRESENT CONDITIONS AND BENEFITS31.01 Continuation of Acquired Rights

ARTICLE 32 - PRINTING OF AGREEMENT32.01 Printing of Agreement .........

ARTICLE 33 - TERM OFAGREEMENT.........,33.01 Duration

SCHEDULE ''A'' _ PER HOUR......LETTER OF UNDERSTANDING #1LETTER OF UNDERSTANDING # 2 ....LETTER OF UNDERSTANDING #3 .LETTER OF UNDERSTANDING #4

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THIS AGREEMENT made this day of A.D., 2015

BETWEEN THE: -

POWELL RIVER PUBLTC LIBRARY BOARD OF TRUSTEES(hereinafter referred to as the "EmployerJ

PARTY OF THE FIRST PART

AND THE: .

CANADIAN UNTON OF PUBLTC EMPLOYEESLOCAL NO. 798-00

(hereinafter referred to as the "UnionJ

PARTY OF THE SECOND PART

PREAMBLE

WHEREAS it is the desire of both parties to this Agreement to maintain existingharmonious relationships between the Employer and the employees and to recognizethe mutual value of joint discussion and negotiation in all matters peftaining to promotethe well-being, morale and security of those employees included in the bargaining unit;

AND WHEREAS the pafties to the second pad have formed a Union, hereinafter calledthe "Union";

AND WHEREAS the Employer recognizes the Union as the sole agency for collectivebargaining for all the Powell River Public Library employees for whom the Union hasbeen ceftified as bargaining authority under the Labour Code of British Columbia;

NOW THEREFORE THIS AGREEMENT WITNESSETH that the pafties hereto, inconsideration of the mutual covenants hereinafter contained, AGREE EACH WITHTHEOTHER AS FOLLOWS:

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ARTICLE 1 - DEFINITIONS1.01 Employee

Where used in this Agreement, the term "employee" means any persondefined as such by the Labour Relations Code of British Columbia who isemployed by the Employer save and except those persons excluded fromthe bargaining unit by the Labour Relations Board or by mutualagreement of the pafties.

1.02 Regular Full-Tîme Employee

Where used in this Agreement, the term t'regular full-time employee"means an employee who has successfully completed the requirements ofthe probationary period and who works a regular full-time work scheduleas defined in Afticle 16.01.

1.03 Regular Part-Time Employee

Where used in this Agreement, the term "regular paft-time employee"means an employee who has successfully completed the requirements ofthe probationary period and who worK a regular weekly schedule that isless than full.time as defined in A¡ticle 16.01.

1.04 Regular Employee or Regular Workforce

Where used in this Agreement, the term "regular employee" or "regularwork force" means the Employer's full complement of regular full-timeemployees and regular part-time employees.

1.05 Casual Employee

(a) Casual employee means an employee of the bargaining unit notemployed as a regular employee and may be employed for thefollowing purposes:

(i) relief of a regular employee on vacation leave, sick leave,maternity leave, long-term disability of less than one (1)year duration, workers' compensation of less than one (1)year duration, compassionate leave, education leave orother leaves,

(ii) non-repetitive projects of less than one (1) year duration.However, in the event the project employment is extended

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beyond the one (1) year period, at the one (1) yearanniversary date the employee shall be convefted to regularstatus pursuant to Article 1.02 or 1.03 above.

(iii) work of an emergency nature.(b) Casual employees include all Pages and Project Assistants.(c) Casual employees shall not be eligible for any of the benefits and

perquisites of this Agreement including, without limiting generality:Afticle 19, Holidays; Afticle 20, Vacations; Afticle 2L, Sick Leave;Adicle 22 (except 22.05 & 22,06), Leave of Absence; Adicles23.t0,23.LL and 23.L2, Payment of Wages and Allowances; Atticle24, Retirement (except as required by statute); and Afticle 26,Employee Benefits. By way of clarification, casual employees arecovered by the following Agreement Articles: 1, 3 (except afticle3.02), 4, 5, 6,7, B, L0, LL, L2, 13.06, L6, L7, 22.04(b), 22.06, 23,27,30,32,33 and Schedule "4".

(d) Afticle 13 notwithstanding, except Afticle 13.06, casual employeesshall earn seniority on the basis of cumulative hours worked, whichthey may only exercise for purposes of applying for posted regularpositions pursuant to Article L4.02. Seniority notwithstanding,casual employees shall be offered casual work on an equitablebasis so as to ensure that all casual employees receive an equitableopportunity to perform such work.

(e) Casual employees shall be paid fifteen percent (15olo) of their grossearnings on each pay cheque in lieu of all statutory requirementsand all of the benefits and perquisites of this Agreement to whichthey are not eligible.

1.06 Probationary Employee

Where used in this Agreement, the term t'probationary employee" is anyemployee who has not successfully completed the requirements of theprobationary period pursuant to Article 14.03 (c).

1.07 Regular Part-Time Employee Benefrts

Regular part-time employees shall be covered by all provisions of theCollective Agreement that apply to a regular full-time employee, exceptthat:

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(a) The level of statutory holiday, vacation and sick leave benefitsshall be prorated on the basis of hours actually worked.

(b) Regular part-time employees whose regularly scheduled hours arefewer than seventeen point five (17.5) hours per week shall notbe eligible for Medical Insurance and Dental Plan benefits. Suchemployees may elect to be paid the percentage in lieu of benefitsset fofth under Afticle 1.05(e)¡¡i by electing to take thispercentage, the employee fofeits all benefit entitlements underArticle 26, vacation entitlements under Afticle 24, statutoryholiday pay under Afticle 19, and sick leave and other suchbenefits under Afticle 21.

1.08 Plural or Masculine Terms

Throughout this Agreement, whenever the feminine gender or singularnumber is used, it shall be construed as meaning the masculine gender orthe plural number, or vice versa, as the context requires.

1.09 Chief Librarian

Throughout this Agreement, whenever the term Chief Librarian is used, itshall be construed as meaning the Assistant Chief Librarian in the absenceof the Chief Librarian.

ARTICLE 2 - MANAGEMENT RIGHTS2.01 Management Rights

Without restricting the rights of the employees under the terms of thisAgreement, the Union recognizes the right of the Employer to manage itsaffairs and operations and to direct its working forces including the rightto hire, suspend, discharge, promote, demote, discÍpline, layoff or transferany employee, and the right to determine job content, evaluate jobs andassign worÇ and the foregoing shall not be deemed to exclude otherfunctions of management not specifically covered in this Agreement,subject to the provisions of Adicle 10.

ARTICLE 3 . RECOGNITION AND NEGOTIATIONS3.01 NegotÌations

It is mutually agreed between the parties hereto that in any negotiationsfor the renewal or revision of the Agreement, the representatives

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appointed by each side shall not exceed five (5) members per side aroundthe conference table.

3.02 Work of the Bargaining Unit

(a) Persons whose jobs are not in the bargaining unit shall not work onany jobs which are included in the bargaining unit, EXCEPT forpurposes of instruction, experimenting, or in emergencies whenregular employees are not available, AND PROVIDED that the act ofperforming the aforementioned operations, in itself, does notreduce the hours of work or pay of any employee.

(b) Notwithstanding the above, the Chief Librarian may performbargaining unit duties on an intermittent basis, provided that thisonly occurs on a supernumerary basis. The Chief Librarian andAssistant Chief Librarian may also work regular reference shifts, solong as this does not reduce the hours of work or pay of anymember of the bargaining unit.

3.03 No Other Agreements

Except with the unanimous approval of the employee, the Employer andthe Union, no employee shall be required or permitted to make a writtenor oral agreement with the Employer or its representatives, which mayconflict with the terms of this Agreement.

3.04 Bargaining Unit

The Employer recognizes the Canadian Union of Public Employees and itsLocal 798 as the sole and exclusive collective bargaining agent for all of itsemployees save and except those specifically excluded by the LabourRelations Board of British Columbia, or excluded by agreement of theparties, and hereby agrees to negotiate with the Union/ or any of itsauthorized committees, concerning all matters affecting the relationshipbetween the parties, aiming toward a peaceful and amicable settlement ofany difterences that may arise between them.

3.05 Managerial Exclupions

The following are exempt management employees:

. Chief Librariano Assistant Chief Librarian. Network and Systems Administrator

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3.06 Union Label, Pins and Badges

Employees shall be permitted to wear Union pins and badges providedsuch pins or badges are approved by the Employer, wliich shall not beunreasonably denied.

In order that the general public shall be aware of the benefits of aUnionized service, the CUPE Local 798 Union Label shall be displayed asprominently as possible. The Building of the Employer shall bear theUnion Label. Other uses of the Union Label shall be by agreement of theLabour-Ma nagement Committee.

ARTICLE 4 - DISCRIMINATION and HARASSMENT4.01 Work Environment

Every individual employed by the Library is entitled to work in anenvironment that is free of discrimination and/or harassment.

4.02 ResolvingComplaints

The Employer and the Union agree to co-operate in resolving in aconfidential manner all complaints of discrimination and/or harassmentthat may arise.

4.03 Disciplinary Action

The Employer undertakes to discipline any individual in its employ when:

(a) It is proven that such individual has engaged in discriminationand/or harassment.

(b) It is proven that such individual has made an unfounded complaintof discrimination and/or harassment for malicious or vexatiousreasons.

For its part the Union agrees that the above circumstances represent justcause for discipline.

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4.04 Access To Grievance Procedure

Any complaint or allegation of discrimination and/or harassment that isnot satisfactorily resolved shall be dealt with by the padies through thegrievance procedure. Any complaint alleging harassment will be dealtwith in the grievance procedure commencing at Step 3.

4.05 Prohibited Grounds For Discrimination

The following are the prohibited grounds for discrimination under thisArticle: membership or activity in the Union; ancestry; race; ethnic ornational origin; age as prohibited by applicable law; nationality; politicalbelief, association or activity; religion or creed; family status; gender;sexual orientation; marital status; or permanent disability as prohibited byapplicable law.

4.06 DefrnÌtion of Harassment

For purposes of this Article, "harassment" means:

(a) Any unwelcome conduct of a sexual nature, whether intentional orunintentional, that detrimentally affects the work environment orleads to job-related consequences for the victim(s) of theharassment.

(b) Any discriminatory behaviour at or related to the workplace,whether intentional or unintentional, that creates an intimidating,offensive, embarrassing or humiliating work environment.

4.07 Managerial Rights and ResponsibilÌties

Nothing in this Afticle is to be interpreted or applied so as to limit orrestrict in any way the Employer's ability to exercise, in good faith, itsmanagerial rights and responsibilities.

ARTICLE 5 - UNION MEMBERSHIP REQUIREMENT5.01 All Employees to be Members

AII employees of the Employer except those specifically excluded in Afticle3.05 shall, as a condition of employment, become and remain members ingood standing of the Union according to the constitution and bylaws ofthe Union. As a condition of employment, all new employees shall

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become and remain members in good standing of the Union within th¡dy(30) calendar days of employment.

5.02 Member Contact InformatÌon

Employee contact information related to new hires, retirements, andterminations (including any changes to existing employees' contactinformation) shall be foruarded to the Union on an ongoing basis.

ARTICLE 6 . CHECK.OFF OF UNION DUES6.01 Dedudions

(a) The Employer shall deduct from every employee any monthly duesor initiation fees in accordance with the Union constitution and by-laws.

(b) Deductions shall be made from each payroll period and shall befon¡rarded to the Secretary-Treasurer of the Union not later thanthe tenth (10th) day of the month following, accompanied by a listof the names of all employees from whose wages the deductionshave been made.

6.02 Dues Receipts

When producing the Income Tax O-4) slips, the Employer shall includethe amount of Union dues paid by each Union member in the previousyear on such Income Tax slÍps.

ARTICLE 7 . NEW EMPLOYEE ORIENTATION7.01 Union Agreement

The Employer shall acquaint newly hired employees with the fact that aUnion Agreement is in effect and with the conditions of employment setout in the Articles dealing with Union security and dues check-off.

7.02 Interuiewing Opportunity

A representative of the Union shall be given an opportunity, at a timeconvenient to the Employer, to interuiew each new employee withinregular working hours without loss of pay for a maximum of th¡rlry (30)minutes during the first (1*) month of employment for the purpose ofacquainting the new employee with the benefits and duties of Union

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membership and their responsibilities and obligations to the Employer andthe Union.

ARTICLE 8 . LABOUR.MANAGEMENT RELATIONS

8.01 Labour-Management Committee

(a) A Labour-Management Committee shall be established consisting ofnot more than three (3) representatives of the Employer (includingthe Chief Librarian and/or Assistant Chief Librarian) and not morethan three (3) representatives of the Union.

(b) All and any matters of mutual concern pertaining to worÇoperational problems, conditions of employment and harmoniousrelations (excluding Collective Agreement negotiations) shall bereferred to this Committee for discussion and recommendations.

(c) The padies witl develop an agenda for each Labour-ManagementCommittee meeting that is to be held. Each pafi shall notify theother party, in writing, of the items that it is putting on the agenda,at least seven (7) calendar days prior to the meeting in question toallow time for preparation. Only items on the agenda shall bediscussed at Committee meetings unless the parties mutually agreeothenryise. The Employer shall prepare the final agenda forCommittee meetings.

(d) Four (4) regular Labour-Management Committee meetings (one (1)each business quarter) will be held each year, provided there areagenda items to be discussed at any such meeting. The date andtime for these regular Committee meetings shall be establíshed bythe paties on a mutually agreeable basis by January 30th of eachcalendar year.

8.02 77me Off For Meetings

(a) Shop Stewards, Local Union Officers or the grÍeved party, not morethan two (2) at any time, shall be permitted to leave their job up tofifteen (15) minutes approximately to discuss a specific grievanceor to investigate a specific circumstance giving rise to a grievanceduring working hours, PROVIDED they notiff their supervisor ofwhere they are going AND PROVIDED they give reasonable time fora substitute to be put on their job if necessary. The Employer shallgrant permission for such absence from the job and shall notunnecessarily delay substitution when required.

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(b) It is agreed that it is not the purpose of this provision to giveStewards and Officers of the Union the right to leave their jobs forpurposes other than the investigation of specific Arievances and theEmployer has access to the grievance procedure if it feels thisprovision is being abused.

8.03 Representative of Canadian Union of Public Employees

The Union shall have the right at any time to have the assistance ofrepresentative(s) of the Canadian Union of Public Employees or any otheradvisor(s) when dealing or negotiating with the Employer. Suchrepresentative(s)/advisor(s) shall have access to the Employer's premisesin order to investigate and assist in the settlement of a grievance.

8.04 Meeting of Committee

In the event either party wishes to call a Labour-Management Committeemeeting, the meeting shall be held at a time and place fixed by mutualagreement. HOWEVER, such meeting must be held not later than six (6)calendar days after the request has been given. The timeline can beextended subject to mutual agreement by the pafties in writing.

8.05 Earnings Maintained for Meetings

The Employer shall maintain the normal straight-time earnings ofemployees who attend meetings with the Employer during their regularlyscheduled straight-time hours, as follows:

(a) To a maximum of two (2) employees, including the grievor, whileattending grievance meetings with the Employer under Afticle10.02 (this number shall be increased to three (3) employees whenthe Union's Grievance Chair is a Library employee);

(b) To a maximum of two (2) employee representatives attendingLabour-Management Committee meetings with the Employer underAfticle 8.01; and,

(c) To a maximum of two (2) employee representatives on the Union'sBargaining Committee who attend collective bargaining meetingswith the Employer.

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8.06 Staff Meetings

The Employer shall provide at least three (3) calendar days notice toemployees when it intends to hold a staff meeting. Except as below,attendance at staff meetings is vofuntary for casual employees and regularemployees who are off duty at the time the meeting is held, and theseemployees shall not be paid should they elect to attend. When theEmployer makes attendance at a staff meeting mandatory for off-dutyemployees, they shall be paid at straight-time rates while actuallyattending, with a minimum guarantee of two (2) hours straight-time payfor any such meeting, Afticle 16.03 notwithstanding.

ARTICLE 9 . RESOLUTIONS AND REPORTS OF THE EMPLOYER9.01 Repofts or Recommendations

The Employer agrees that any repofts or recommendations by theEmployer dealing with matters affecting the terms, benefits or perquisitesof employment for employees will be communicated to the Union prior toa decision being made by the Employer. The Union will be given ten (10)calendar days to consider the reports or recommendations and discussthem with the Employer, if necessary.

9.02 Copies of Resolutions

The Employer shall notiñ7 the Union and give a copy to the Library UnitShop Steward or alternate, in writing, within ten (10) cafendar days of theadoption of any policy or regufation that affects the terms, benefits, orperquisites of employment for members of the Union.

9.03 Board Minutes

The Union shall be included on the distribution list for regular LibraryBoard meeting agendas and minutes of Library Board meetings with theexception of in-camera meetings. The Union may submit writtensubmissions on agenda items, which affect employees within thebargaining unit. The Union may submit a request to speak to agendaitems, which affect employees within the bargaining unit. Such requestwill be dealt with in accordance with the Library Board's establishedprocedures.

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ARTTCLE 10 . GRIEVANCE PROCEDURE10.01 Definition of Grievance

(a) A grievance shall be defined as any difference arising out of theinterpretation, application, administration or alleged violation of theCollective Agreement.

(b) All grievances shall be finally and conclusively resolved in themanner provided in this Afticle without stoppage of work, or anyreduction in production or services, consistent with Workers'Compensation and other Government Statutes.

10.02 Procedure

(a) Step 1: Within twenÇ-one (21) calendar days from the date of theincident giving rise to the grievance, or from the time the employeeshould reasonably have been aware of the incident giving rise tothe grievance, the employee and a shop steward shall discuss thematter with Chief Librarian. If an agreement is reached at thisstep, a joint repoft detailing the problem and agreed solution shallbe submitted to the Employer and the Union.

(b) Step 2: If no settlement is reached at Step 1, the aggrievedemployee shall submit the grievance in writing to the ChiefLibrarian within foufteen (14) calendar days of the discussionprovided at Step 1. The recipient shall meet with the employeeand Union Grievance Committee, or other representative of theUnion, within foufteen (14) calendar days of the receipt of thegrievance, in an attempt to reach a satisfactory settlement.

(c) Step 3: If no settlement is reached at Step 2, a meeting shall bearranged between the senior representatives of the Union andManagement, within foufteen (L4) calendar days of the lastmeeting at Step 2. Either party may be represented by a personemployed by an organization to which it is affiliated at meetingsheld at this Step.

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(d) Step 4: If settlement is not reached through the foregoingprocedures, the grievance may be referred to an Arbitration Board.When either party requests that a grievance be submitted toarbitration, such request shall be made to the other party, inwriting, within fourteen (14) calendar days of the last meeting heldat Step 3.

10.03 Extension of time limits

The padies may, by mutual agreement in writing, extend the time limitsmentioned above, provided such extension is requested prior to the expiryof the time allowed.

10. 04 Grievance Committee

The Grievance Committee of the Union shall be composed of not morethan three (3) employees.

10.05 Policy GrÌevance

When a dispute involving a question of general application orinterpretation of the Collective Agreement currently in place occurs, orwhere the Employer or the Grievance Committee of the Union believe analleged grievance which would affect employees in general has arisen,such grievance shall be submitted under Clause L0.02, Step 3 above.

ARTTCLE 11 - ARBITRATTON11.01 Composition of Board of Arbitration

(a) A board of arbitration composed of a single arbitrator shall be formedto hear the grievance, unless the padies by mutual agreementwant the grievance to be heard by a three (3-)-person arbitrationboard. Either party shall notify the other in writing of thequestion(s) to be arbitrated. After such notice has been given, theparties shall have foufteen (14) calendar days in which to jointlyselect the Arbitrator.

(b) In the case of a three (3-)-person board, each party shall, in additionto the jointly selected arbitrator, choose an additional arbitrator to siton the board.

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11.02 Failure to Appoint

Should the representatives fail to agree upon either the sole arbitrator in aone (l-)-person board or the Chairperson of the board in a three (3-)-person board within the foufteen (14) calendar day period, either partymay request the Chairperson of the Collective Agreement ArbitrationBureau to appoint an Arbitrator/Chairperson.

11.03 Board Procedure

Within foufteen (14) calendar days following the Arbitration hearing, theBoard shall report its decision on the grievance. The majority decision ofthe Board shall be final and binding on all parties bound by thisAgreement.

11.04 DecÌsions of the Board

When a settlement is reached at any stage of this procedure, suchdecision shall be final and binding on all pafties.

11.05 Disagreement on Decision

Should the parties disagree as to the meaning of the Board's decision,either pafty may apply to the Board of Arbitration to reconvene the Boardto clarify the decision, which it shall do within seven (7) calendar days.

11.06 Expenses ofthe Board

The expense and compensation of the jointly selected Arbitrator (orChairperson) shall be shared equally between the pafties. In the case ofa three (3-)-person Board, each parlry shall also be wholly responsible forthe expense and compensation of its own nominee to the Board.

ARTTCLE t2 - DISCHARGE, SUSPENSION AND DISCTPLTNE12.01 Cause for Discharge

An empfoyee may be disciplined, suspended or discharged, but only forjust cause, by the Employer.

12.02 Discharge or Suspension Procedure

(a) The following procedure shall apply before any employee issummarily dismissed or suspended for cause:

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Any employee being dismissed or suspended under thisA¡ticle shall be afforded the opportunity to appear beforehis/her Depaftment Head with a Union representative tohear the reasons for his/her dismissal or suspension.

When the Employer has dismissed or suspended anemployee under this Aticle, a letter must be fonruarded tothe employee within two (2) working days of his/herdismissal with a copy to the Union stating the cause for thedismissal or suspension.

(b) Letters of warning, suspension, dismissal or exoneration natureshall be forwarded to the following:

One (1) to the affected employee,One (1) to the Union,One (1) to be retained by the Employer for filing.

Any written reply by the employee shall be added to his/herpersonnel file.

12.03 Unjust Suspension or Discharge

(a) If an employee is suspended or dismissed for any reason and feelshe/she has been unjustly dealt with, he/she shall notify his/herUnion Representative. Grievances for unjust suspension ordismissal shall be initiated at Step 2 of the grievance procedurewithin foufteen (14) calendar days of the date of the dismissal or' suspension.

(b) If subsequently it is decided that the employee was unjustlydismissed, he/she shall be reinstated in his/her former position andshall be compensated for the time lost at his/her regular rate ofpay, or at such lesser amount as may be agreed on by the paftiesor ordered by an Arbitration Board.

12.04 Reprimand

If an employee is reprimanded in writing for any reason and feels he/shehas been unjustly dealt with, he/she shall notify his/her UnionRepresentative. Any grievances shall be dealt with in accordance with theprovisions of the grievance procedure under Afticle 10 and as such thetime fimits set out under that Article shall apply.

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12.05 PoliticalAction

No employee shall be disciplined for padicipation in any action(s), off theEmployer premises, called for by the C.L.C., C.U.P.E., B.C. Division ofC.U.P.E. or the B.C. Federation of Labour and suppofted by the LocalUnion.

12.06 Access to Personnel Files

(a) The employee shall have the right, at a mutually acceptable time,to have the access to and review the employee's file.

(b) After twelve (12) months'time any disciplinary documents will beremoved from the employee's personnel file and destroyed.

12.07 Disciplinary Procedure

Where and when a Supervisor intends to interuiew an employee fordisciplinary purposes, the Superuisor shall advise the Employee of thepurpose of the interuiew in advance, so that the employee may contacthis/her Union Steward to be present at the interuiew.

ARTICLE T3 . SENIORITY13.01 Seniority Defined (Type of Seniority Unit)

Seniority is defined as the length of service in the bargaining unit andshall include seruice with the Employer prior to the Cedification orrecognition of the Union. Seniority shall be used in determiningpreference or priority for promotion, transfer, demotion, layoff, permanentreduction of the work force and recall as set out in other provisions of thisAgreement. Seniority shall operate on a bargaining-unit-wide basis.

13.02 Seniority List

The Employer shall maintain a seniority list showing the date upon whicheach employee's seruice commenced. Where two (2) or more employeescommenced work on the same day, preference shall be in accordancewith the date of application for employment. An up-to-date seniority listshall be sent to the Union and posted on all bulletin boards in January ofeach year.

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13.03 Loss of and/or Continuing Seniority

An employee shall accrue seniority rights if he/she is absent from workbecause of sickness, disability, accident, compassionate care leave,maternity leave, parental leave, or union leave. In other approved leavesof absence for duration of thifi (30) calendar days or less, employeesshall continue to accrue seniority rights.

An employee on layoff will not lose accrued seniority rights for a period oftwenty-fo ur (24) months.

An employee shall only lose his/her seniority in the event:

(a) He/she is discharged for just cause and is not reinstated.(b) He/she resigns in writing and does not withdraw the resignation

within three (3) calendar days.

(c) He/she fails to return to work within foudeen (14) calendar daysfollowing a layoff and after receiving notice by registered mail to doso, unless through sickness or other just cause. The refusal of anemployee to accept recall to such employment shall result intermination. Laid off employees engaged in alternate employmentand who are recalled shall be permitted to give their currentemployer reasonable notice of termination to accept recall.

13.04 Position Redundancy

For the purpose of position redundancy overall seniority shall govern. Anemployee who is set back to a lower paid job because of positionredundancy shall receive the rate of their regular job at the time of thesetback for a period of three (3) months and for a fufther period of three(3) months they shall be paid an adjusted rate which shall be midwaybetween the rate of their regular job at the time of the set back and therate of their new regular job. At the end of this six (6) month period, therate of their new regular job shall apply.

13.05 Casual Employee Seniority

(a) Casual employees who are appointed as regular employees shallhave their cumulative hours of work as a casual employee creditedfor purposes of regular seniority upon completion of theprobationary period.

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(b) It is understood that this clause applies to seniority only and is inno way applicable to seruice for purpose of retroactive benefitentitlement, except vacation and sick leave entitlements.

13.06 Transfer Outside the Bargaining UnÌt

No employee shall be transferred to a position outside the bargaining unitwithout the employee's consent. If an employee is temporarilytransferred to a position outside of the bargaining unit, the employee shallretain seniority accumulated up to the date of leaving the unit but will notaccumulate any further seniority. Such employee shall have the right toreturn to a position in the bargaining unit for a maximum of six (6)months. When an employee returns to the bargaining unit, the employeeshall be placed in the position held at the time of the transfer.

ARTICLE L4 . PROMOTIONS AND STAFF CHANGES14.01 Job Postings

(a) Before filling any position within the scope of this Agreement,which position has a duration of three (3) months or more, noticethereof shall be emailed to all employees and shall be posted to thebulletin board and the Powell River Public Library website for aperiod of seven (7) calendar days.

Such postings shall contain the following informatíon:

. Nature of position,. Required qualifications, knowledge, ability and skills,. Wage rates or salary ranges,. Closing date for applications.(b) The Employer agrees to fonryard a copy of such posting to the

Union at the time of posting. Within seven (7) calendar days offilling a posted vacancy under Adicle L4.02, the Union and allemployees shall be advised of the successful applicant by email.

14.02 FillÌng of Vacancies

(a) When filling posted vacancies, the Employer shall considerapplicants in seniority order. The most senior applicant having therequired qualifications, experience, skill and ability shall be awardedthe position.

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(b) All determinations of qualifications, experience, skill and ability shallbe made by the Employer in a fair and equitable manner. Whethersuch determinations were made in a fair and equitable fashion shallbe subject to the grievance/arbitration procedures under thisAgreement.

(c) A regular employee applying for a posted vacancy who lacks thequalifications, experience, skill and ability required for the position,shall not be rejected solely on that basis. In such circumstances,the Employer may at its discretion consider the employee as havingalready achieved the required prerequisites at the time of thepromotional competition. The employee shall compete for thevacancy on this basis and, if successful in winning that competitionover other applicants on the basis of subsection (a) above, he/sheshall be awarded the position contingent upon successfulachievement of the qualifications (i.e. the formal education and/ortechnical certification) within a time limit established by theEmployer for that purpose. If the employee fails to achieve thequalifications within this period, the employee shall reveft tohis/her former position

14.03 Trial Period

(a) In the event an employee is promoted or transferred to a higherrated position, he/she shall be considered to be on a trial period fora period of not more than three (3) months. If at the end of thetrial period, the employee is not considered satisfactory in thehigher rated position, the employee shall be returned to his/herprevioçs position without loss of seniority. It is agreed that thetime mentioned herein may be extended by mutual agreement.

(b) In the event an employee is transferred from a special project tothe regular staff, such employee shall be credited with the length ofservice on such special project.

(c) New employees shall be considered to be probationary employeesuntil they have been employed for six (6) months.

14.04 Applications By Casual Employees

Casual employees shall be eligible to apply for any vacancy posted underthis Article and filled on the basis of Article L4.02.

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ARTICLE 15 . LAYOFFS AND RECALLS15.01 Definition of Layotr

A layoff shall be defined as a reduction in the work force or a reduction inthe hours of work.

15.02 Layoff Order

Regular employees shall be laid off on the basis of the classificationdesignated for the layoff by the Employer, with the senior employee(s)being retained in that classification and department, provided always thatthey have the required qualifications, experience, skill and ability topeform the work in question. All determinations of qualifications,experience, skill and ability shall be made by the Employer in a fair andequitable fashion.

15.03 Advance Notice of Layoff

Unless legislation is more favourable to the employees, the Employer shallnotiff employees who are to be laid off twenty (20) working days prior tothe effective date of layoff, or award pay in lieu thereof.

15.04 Bumping

A regular employee, who has been notified of layoff, may bump anyemployee with less seniority, PROVIDED the bumping employee has therequired qualifications, experience, skill and ability for the classificationinto which they are bumping. Employees must indicate their bumpingchoice within ten (10) calendar days of receiving layoff notice.

15.05 Recall Procedure

(a) Laid-off regular employees shall be recalled to employment in theorder of their seniority during their seniority retention period,provided they have the required qualifications, experience, skill andability for the classification into which they are being recalled.

(b) It shall be the duÇ of each employee laid off to supply theEmployer with his/her correct address and telephone number.

(c) Employees laid off shall be required to return to work within aminimum of fourteen (14) calendar days after being notified byregistered mail to do so. Any employee failing to repoft back

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within the required time shall be considered to have resigned andshall forfeit all seniority rights, unless through sickness or otherproper cause agreed upon by the Employer and the Union.

15.06 Severance Pay

(a) An employee who is laid off may elect to accept severance payinstead of retaining seniority pursuant to Article 15.05. The electionmust be made within foufteen (14) calendar days of receiving layoffnotice. Severance pay shall be paid in accordance with the followingschedule:

1) More than one (1) year of service: two (2) week's wages.2) More than three (3) years of service: three (3) week's

wages, plus one (1) additional week's wages for eachadditional year of service to a maximum of eight (8) week'swages.

(b) When an employee elects to receive severance pay under this clause,all other rights under the Collective Agreement are terminated.

15.07 Retention of SenioriU

Employees laid off shall retain their seniority for a period of twenty-four(24) months.

15.08 No New Employees

New employees shall not be hired until those laid off regular employeeshaving the required qualificatíons, experience, skill and ability are given anopportunity of recall during their seniority retention period under Afticle15.07.

15.09 Temporary Layoffs or Work Stoppages

This Article 15 does not apply to temporary layoffs, or work stoppages ofthree (3) working days or less, resulting from causes reasonably beyondthe control of the Employer.

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ARTICLE 16 . HOURS OF WORK16.01 Regular Work Week

(a) The regular full-time work week is defined as thirty-five (35) hoursin five (5) consecutive days, Monday to Sunday inclusive, with two(2) consecutive days of rest.

(b) The Employer will not schedule an employee to work both days ofthe weekend, Saturday and Sunday, without the agreement of theemployee.

16.02 Regular Work Day

(a) The regular full-time work day is defined as seven (7) hours perday worked between the hours of:

i. B:00 a.m. to 9:00 p.m., Monday through Saturdayii. 12:30 p.m. to 5:15 p.m. on Sundays

(b) With the consent of both the Chief Librarian and the staff providingevening programming, staff may be scheduled to end their shift upto one (1) hour beyond the end of their regular work day. In theevent that this results in an employee working ovedime, ovedimeshall apply.

16.03 Minimum Daily Guarantee for Regular Paft-time Emplayees

Employees who work less than the regular hours noted in Clauses 16.01and 16.02 above shall be scheduled so that no employee works less thanfour (4) hours in one (1) day, with the exception that a high schoolstudent reporting to work on a school day shall be scheduled for at leasttwo (2) hours.

16.04 Extra Hours

Regular part-time employees, in order of their senioriÇ, shall be accordedthe first opportunity to work additional hours that become available,including replacement for sickness or vacations, provided that they havenot fewer than thirty-two (32) consecutive off duty hours each week.

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16.05 Casual Hours

The Employer will not conveÉ regular hours to casual hours.

16.06 Lunch Break

Employees shall be entitled to one-half (Llz) hour for lunch scheduled bythe Employer to best meet operational requirements. This can beextended to one (1) hour by mutual agreement with the employee andthe Chief Librarian. The extra one-half (Ll2) hour shall be worked at theend of the working day and shall not be eligible for shift premium oroveftime. Employees who are required to remain on duty during theirlunch break shall be paid for the time.

16.07 Rest Periods

All staff shall be permitted a fifteen (15) minute rest period both in thefirst half of the shift and second half of the shift. Rest periods shall betaken at times that will cause the least possible inteference with the workin which the employees are engaged. There shall be a minimum of two(2) employees in the building at all times when the Library is open to thepublic.

16.08 Expanded Work Day/Week

Should the Employer desire to establish, at a future date for bona fidebusiness reasons, expanded work days or expanded work weeks nototherwise outlined in the Collective Agreement, the Employer shall consultwith the Union and reach agreement on hours of work and shift patterns.

16.09 Public Open Hours

The Library's public open hours will allow a minimum of two (2)employees each day to commence their shifts at least fifteen (15) minutesprior to opening the Library and a minimum of two (2) employees eachday to end their shifts at least fifteen (15) minutes after closing theLibrary in order to provide adequate time for the opening and closingroutine of the Library.

ARTICLE L7 . OVERTIME17.01 OvertÌme Rates

Overtime shall be paid on the following basis to all employees

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(a) Time and one-half (1.5x) for the first three (3) hours of oveftimeworked on any workday and double time (2x) for additionalovetime worked on that workday thereafter.

(b) Double time (2x) for ovedime worked in a workureek.17.02 Overtime DefÌned

The above oveftime rates apply as follows:

Daily overtime - for all hours worked after the completion of the regularwork day fseven (7) hours];

Weekly ovedime - for all hours worked after the completion of the regularwork week [thity-five (35) hours].

For the purposes of determining whether weekly overtime applies, onlythe first seven (7) straight-time hours worked in each day of the weekshall be counted.

17.03 T'Ìme Off In Lieu of Overtime

If time-off is to be taken in lieu of payment for overtime, this must beagreed to prior to the overtime being worked and the time-off shall bescheduled at a time selected by the employee and acceptable to the ChiefLibrarian.

17.04 Scheduled OveftÌme

When scheduled oveftime is to be worked by regular full-time employees(i.e. overtime that is scheduled not fewer than twenty-four (24) hours inadvance), and there are a number of regular full-time employees withthe required qualifications, experience, skill and ability available to do thework, the senior volunteer from among this group shall be offered thework.

ARTICLE 18 - SHIFT WORK18.01 Shift Work Premium

Employees required to work after 5:00 p.m. shall receive fifty cents($0.50) per hour premÍum over and above their regular rate of pay.

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18.02 Split Shifts

Employees required to work split shifrs where the break is for two (2) ormore hours, shall receive twenty-five cents ($0.25) per hour premiumover and above their regular rate of pay.

18.03 Premium Paid for Hours Worked

The shift work premium and split shift premium are to be paid for hoursworked only and are not to be included in oveftime calculations.

ARTICLE 19 . HOLTDAYS19.01 List of Holidays

(a) Full-time employees shall suffer no reduction in their regular wagesor salary by reason of a statutory holiday occurring within theregular work week. For the purposes of this Section, statutoryholidays shall be defined as such:

New Year's DayFamily DayGood FridayEaster MondayVictoria DayCanada Day

B.C. DayLabour DayThanKgivingRemembrance DayChristmas DayBoxing Day

AND all other holidays declared by the Municipality of Powell River,provincial and federal governments.

(b) Regular part-time employees who normally and regularly workseventeen and one-half (17.5) hours or more per weeÇ shall beeligible for the above listed statutory holidays for which they shallbe paid on a pro-rated basis, calculated by taking the total straight-time hours worked by each such employee in the four (4) fullcalendar week period immediately preceding the holiday anddividing that total by twenty (20).

19.02 Holidays Falling on Weekends

(a) If the aforementioned statutory holiday falls on a Saturday orSunday, the following Monday (and Tuesday when applicable) shallbe declared a holiday.

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(b) Regular full-time employees and regular part-time employees, whoactually work on a statutory holiday shall be paid at the rate ofdouble time (2x) while so working.

In addition, regular full-time and regular pad-time employees whoregularly work seventeen and one-half (17,5) hours or more perweeÇ shall receive another day off with pay in lieu of the holiday tobe taken at a mutually agreeable time during the one (1) yearperiod immediately following the holiday. In the case of regularpaft-time employees, the pay the employee receives for such lieuday shall be calculated as per Adicle 19.01(b).

(c) When a statutory holiday falls on a day off for a regular full-timeemployee or a day off for a regular paft-time employee whonormally and regularly works seventeen and one-half (17.5) hoursor more per weeÇ the employee shall receive another day off withpay in lieu of the holiday to be taken at a mutually agreeable timeduring the one (1) year period immediately following the holiday.In the clrse of regular paft-time employees, the pay the employeereceives for such lieu day shall be calculated as per Article1e.01(b).

19.03 Holidays During VacatÌon

If a statutory holiday falls on a regular work day while an employee is onannual vacation, the employee shall receive one (1) additional day ofvacation with pay in lieu of said statutory holiday.

19.04 Christmas and New Year's HolÌdays

When Christmas Eve and/or New Year's Eve falls on a working day, allscheduled employees shall be entitled to time off commencing at 1:00p.m. without loss of pay.

ARTICLE 20 - VACATIONS20.01 VacatÌon Entitlement Regulations

All regular, full-time and paft-time employees as defined in thisAgreement shall be granted a vacation with pay in accordance with thefollowing regulations:

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(a) The vacation period shall be twelve (12) months commencing onJanuary lst and ending on the following December 31*.

(b) Continuous seruice for the purposes of this Agreement shallinclude:

Time lost as a result of an accident as recognized byWorkSafe BC suffered during the course of employment shallbe conEidered as time worked for the purpose of qualifyingfor annual vacations. An employee will only be entitled toreceive such vacation payments while on Workers'Compensation for a period of up to, but not exceeding one(1) year from the date of the employee's accident or injury.

Time lost as a result of leave as recognized by the Employerunder Afticle 23 of this Agreement.

Time lost as a result of leave as recognized by the Employerunder Afticle 24 of this Agreement.

20.02 Vacation Entitlement

(a) All regular full and paft-time employees shall be entitled to thefollowing vacation entitlement:

Less than one (1) year of employment - two (2) weeks prorated.

One (1) year - three (3) weeks'vacation with pay.Five (5) years - four (4) weeks'vacation with pay.Twelve (12) years - five (5) weeks'vacation with pay.

Twenty (20) years - six (6) weeks'vacation with pay.

(b) The Employer will notify those employees who have remainingvacation entitlement by September 15th of each year. Employeeshave one (1) month to book the remaining vacation entitlement.

(c) Employees must take their vacation time in the current year unlessthey are not able to take vacation due to medical reasons orvacation requests have been denied due to operationalrequirements. Employees cannot receive payment in lieu ofvacation.

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20.03 Vacation Schedule

Regular employees shall notiñ7 the Employer, in writing, of their "primary"vacation preference no later than April 15th of the current year. In case ofconflict, seniority shall be the deciding factor. Vacation approval for morethan three (3) employees for the same period of time will be dependenton the availability of sufficient remaining staff to provide an acceptablelevel of Library service. Those employees who have more than three (3)weeK annual vacation may request further vacation only after allemployees have booked their "primary" vacation period. It is understoodand agreed that employees may thus receive longer consecutive vacationperiods than three (3) weeks, providing there Ís no conflict with otheremployees' "primary" vacations. Seniority shall also prevail as a decidingfactor in the allocation of these secondary vacation periods.

20.04 Consecutive Vacation Period

For annual vacation periods longer than three (3) weeks, no more thanthree (3) weeks may necessarily be consecutive. All such holidays shallbe exclusive of statutory holidays.

20. 05 Supplementary Vacations

(a) Employees who work one-half (Llz) the number of hours per weekper pay period after completing five (5) or more years ofcontinuous service with the Employer shall, in addition to theregular vacation to which they are entitled, become eligible toreceive a supplementary vacation with pay each five (5) years asfollows:

One (1) week of supplementary vacation after five (5) years ofcontinuous seruice.

Two (2) weeks of supplementary vacation after ten (10) years ofcontinuous service.

Two (2) weeks of supplementary vacation after fifteen (15) yearsof continuous service.

Three (3) weeK of supplementary vacation after twenty (20) yearsof continuous service.

Three (3) weeK of supplementary vacation after twenty-f¡ve (25)years of continuous service.

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Four (4) weeks of supplementary vacation after thifi (30) years ofcontinuous seruice.

Four (4) weeks of supplementary vacation after thirfi-five (35)years of continuous service.

Five (5) weeks of supplementary vacation after foty (40) years ofcontinuous seruice.

(b) The supplementary vacations are to be taken within the five (5)year period.

(c) At retirement or termination from the Employer/ an employee whohas completed five (5) or more years of service, shall be entitled tothat portion of supplementary vacation proportionate to thenumber of years of seruice completed subsequent to their last five(5) year entitlement.

20.06 Vacation in Year of Retirement

Regular full-time employees and regular part-time employees whonormally and regularly work seventeen and one-half (17.5) hours or moreper weeÇ who have reached minimum retirement age as defined in theMunicipal Pension Plan and who have completed at least ten (10) years ofcontinuous seruice, shall be entitled to receive two (2) additional weeksvacation in the year of their retirement, pro-rated in the case of eligibleregular pad-time employees at the same rate as normal vacation benefit,based on the percentage of full-time hours they normally and regularlywork at straight time.

20.07 Vacatlon Carryover

An Employee may opt to defer the taking of up to five (5) working daysvacation in any year. This deferred vacation must be used in thefollowing year.

ARTICLE 21 . STCK LEAVE PROVTSIONS21.01 Amount of Sick Leave

Regular full-time employees and regular part-time employees whonormally and regularly work seventeen and one-half (17.5) hours or moreper week, shall earn seven (7) hours sick leave for every one hundred

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(100) hours they actually work. Such sick credits may be accumulated toa maximum of one thousand, two hundred and sixty (1,260) hours.

21.02 Medical Care Leave

(a) Regular full-time employees and regular part-time employ"ees whonormally and regularly work seventeen and one-half (17.5) hoursor more per week shall be granted time off for the purpose of anappointment relating to physical health with a professional medicalpractitioner who is licensed pursuant to applicable statute,PROVIDED the time does not amount to more than fourteen (14)hours of sick leave in a calendar year in the case of regular full-time employees, and ten (10) hours of sick leave per year in thecase of eligible regular paft-time employees. The Employer may, atits discretion on a case-by-case basis, allow additional days of anemployee's annual sick leave entitlement to be used for thispurpose when in the Employer's opinion circumstances warrant.

In order to qualiff, the employee may be required by the Employerto provide proof of such attendance.

The employee shall give as much notice as possible to theEmployer when such a visit to a medical practitioner iscontemplated. This time off for such an event will be deductedfrom accumulated sick leave. When there is no accrued sick leaveremaining to their credit, time off will be without pay.

(b) All employees shall make all reasonable effofts to schedule theirnon-emergency medical and dental appointments during their non-working hours.

(c) All out-of-town appointments must be substantiated by referralsfrom a medical or dental practitioner.

21.03 Workers' Compensation Board

An employee shall be paid full salary while absent as a result of anaccident covered by Workers' Compensation and payment received fromthe Workers' Compensation Board shall be turned over to the Employer,PROVIDED HOWEVER that the employee shall be charged for one-quafter(U4) day from their sick leave credit for each day. Should an employeehave no sick leave credit, this Clause shall not apply.

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21.04 Proof of lllness

When an employee is absent from work due to iflness for more than three(3) consecutive days, the Employer may request proof of illness. If anemployee has taken a sick day immediately following his/her days of rest,vacation, or holiday on three (3) separate occasions in a one (1) yearperiod, the Employer may require proof of illness for any fufther sick leaveabsences in the following twelve (12) month period.

The Employer will reimburse the employee for the cost if there is a fee forthe provision of the aforementioned medical ceftificate.

21.05 Medical Examinations

The Employer may require employees to take a medical examinationduring employment PROVIDED the examination is required as a conditíonof employment. The Employer shall pay for such examination and timeoff as required to a maximum of one-half (LIZ) day.

21.06 Family lllness

Providing the necessary sick leave credits are available, sick leave of up toten (10) working days per year shall be granted when an employee'sabsence is required to attend to matters arising from illness of anemployee's family member. In the event that more than ten (10) workingdays are required or sick leave credits are not available, the employeeshall be granted leave without pay.

For purposes of this Clause, "family member" shall mean the employee'sspouse, child, step-child, parent or parent-in-law. The Employer may, atíts discretion on a case-by-case basis, allow employees to utilize theprovisions of this Clause for other family members.

21.07 DUU ta Accommodate

As provided for by the laws of British Columbia and Canada, when anemployee is unable, through injury or illness to perform his/her normalduties, the Employer shall reasonably accommodate that individual, exceptwhen this accommodation would cause undue hardship to coworkers orthe Employer.

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ARTICLE 22 - LEAVE OF ABSENCE22.01 For Union Business

(a) Upon application to and upon receiving the permission of the ChiefLibrarian in each specific case, time off without pay shall begranted to a maximum of two (2) official representatives of theUnion when it becomes necessary to transact business inconnection with matters affecting members of the Union,PROVIDING it does not intefere with the operation of theEmployer.

(b) Official representatives of the Union, to a maximum of two (2),shall have the privilege of attending meetings without loss ofremuneration for the purpose of negotiating a revision or renewalof this Agreement when such meetings are held during workinghours or when discussing with representative(s) of the Employer, agrievance or any other matter contained in this Agreement.

(c) Any member of the Union, to a maximum of two (2) persons at one(1) time, who is required to attend Union conventions or performany other functions on behalf of the Union and its affiliatesnecessitating a leave of absence without pay, shall upon applicationto the Chief Librarian, with one (1) week notice, be granted a leaveof absence. Such periods of leave shall not exceed twenty-four(24) working days in each calendar year. It is agreed that theemployees will continue to receive their regular pay during thisperiod of leave and that the Employer will be reimbursed by theUníon upon receipt of an accounting for:

Regular pay,Pacific Blue Cross and pension contributions made by theEmployer on behalf of the affected empfoyees.

22.02 Bereavement Leave

(a) Regular full-time employees and regular part-time employees whonormally and regularly work seventeen and one-half (17.5) hoursor more per week, shall be granted three (3) days leave with pay incase of the death of their spouse, parent, parent-in-law, brother,sister, child, grandchild, step-parents, step-children, and anyrelative residing in the employee's household. An eligible employee

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may, upon request in writing and at the discretion of the ChiefLibrarian be granted an additional two (2) days leave with pay toallow for travel time should there be considerable distancesinvolved. In the event of a death of a spouse, child, or step-childan additional two (2) days with pay shall be granted.

(b) Regular full-time employees and regular part-time employees whonormally and regularly work seventeen and one-half (17.5) hoursor more per week shall be granted a minimum of one (1) day leavewith pay in the event of the death of their grandparent, son-in-law,daughter-in-law, foster children, foster parents, brother-in-law orsister-in-law. The employee, upon request in writing may, at thediscretion of the Chief Librarian be granted an additional two (2)days leave with pay to allow for travelling time should there beconsiderable distances involved.

(c) The Employer may, at its discretion on a case-by-case basis, allowregular full-time employees and regular part-time employees whonormally and regularly work seventeen and one-half (17.5) hours ormore per weeÇ additional time off in the case of the death offamily members listed in this Clause, when in the Employer'sopinion circumstances warrant; or to receive paid time off in thecase of death of other (not listed) family members, when in theEmployer's opinion circumstances warrant.

(d) Regular full-time employees and regular part-time employees whonormally and regularly work seventeen and one-half (17.5) hours ormore per week shall be granted a maximum of one-half (1/2) daymourner's leave with pay to attend a funeral, to a maximum of one(1) day's paid leave per calendar year (Jan. - Dec.). Mourner'sleave shall not be granted under this Clause when the employee isin receipt of paid bereavement leave, as above.

22.03 Emergency Leave

An employee shall, at the discretion of his/her immediate supervisor inconsultation with the Chief Librarian, be granted up to a maximum ofthree (3) days leave of absence with pay to attend to a serious householdor domestic emergency.

22.04 Jury Duty and Coutt-Required Business

(a) Regular full-time employees and regular part-time employees whonormally and regularly work seventeen and one-half (17.5) hours

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or more per week and who are required to repoft for jury duty orwho are required to appear as a Crown witness on a day or hourson which he/she would normally have worked, shall be reimbursedby the Employer for the difference between the pay received fromjury or witness duty at his/her regular straight time hourly rate ofpay for his/her regularly scheduled hours of work. It is understoodthat such reimbursement shall not be for hours in excess of seven(7) hours per day or thifi-five (35) hours per week, less payreceived for jury or witness duff. The employee will be required tofurnish proof of jury or witness seruice and jury duty or witness payreceived. Hours paid for jury or witness duty will be counted ashours worked for the purpose of qualiffing for vacations and forrecognized paid holidays but will not be counted as hours workedfor the purpose of computing overtime.

(b) When an employee is requested by the Employer or subpoenaed bythe Employer to attend any court in a case involving the Employer,such employee shall be paid in the manner outlined in Afticle 22.04(a) above whether the day is a scheduled working day or not ascheduled working day.

22.05 Holiday Dinner

In the event the Library is open all weeknights, the following shall apply:

The Library is to be closed one (1) evening from 5:00 p.m. to enable allemployees to enjoy a Holiday dinner. The date set for this dinner shall bemutually agreed upon by the Employer and employees, but shall not bescheduled for a Saturday or Sunday. This Holiday dinner shall be at theexpense of the employee members. The Union shall give the Employerone (1) month notice prior to the date of the dinner.

22.06 Maternity and Parental Leave

(A) MaterniW Leave(1) A pregnant employee who requests leave under this Clause

is entitled to up to seventeen (17) consecutive weeks ofunpaid leave

(a) beginning(i) no earlier than eleven (11) weeks before the

expected bifth date, and(ii) no later than the actual birth date, and

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(b) ending(i) no earlier than six (6) weeks after the actual bitth

date, unless the employee requests a shorterperiod, and

(ii) no later than seventeen (17) weeks after the actualbifth date.

(2) An empfoyee who requests leave under this Clause after thebifth of a child or the termination of a pregnancy is entitledto up to six (6) consecutive weeks of unpaid leave beginningon the date of the b¡fth or of the termination of thepregnancy.

An employee is entitled to up to six (6) additionalconsecutive weeK of unpaid leave if, for reasons related tothe bifth or the termination of the pregnancy, she is unableto return to work when her leave ends under paragraphs (1)or (2).

(3) A request for leave must:(a) be given in writing to the Employer,(b) if the request is made during the pregnancy, be given

to the Employer at least four (4) week before theday the employee proposes to begin leave, and

(c) if required by the Employer, be accompanied by amedical practitioner's cedificate stating the expectedor actual birth date or the date the pregnancyterminated or stating the reasons for requestingadditional leave under paragraph (3).

(4) A request for a shorter period under paragraph (lXbX¡)must:

(a) be given in writing to the Employer at least one (1)week before the date the employee proposes toreturn to worÇ and

(b) if required by the Employer, be accompanied by amedical practitioner's ceftificate stating the employeeis able to resume work.

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(B) Parental Leave(1) An employee who requests parental leave under this Clause

is entitled to:

(a) for a bifth mother who takes leave under Clause22.06(a) in relation to the birth of the child orchildren with respect to whom the parental leave is tobe taken, up to thirty-five (35) consecutive weeks ofunpaid leave beginning immediately after the end ofthe leave taken under Clause 22.06(a) unless theEmployer and employee agree othenruise,

(b) for a birth mother who does not take leave underClause 22.06(a) in relation to the bifth of the child orchildren with respect to whom the parental leave is tobe taken, up to thifi-seven (37) consecutive weeKof unpaid leave beginning after the child's bidh andwithin fifiy-two (52) weeks after that event,

(c) for a bidh father, up to thifi-seven (37) consecutiveweeks beginning after the child's birth and withinfifty-two (52) weeks after that event, and

(d) for an adopting parent, up to thirly-seven (37)consecutive weeks of unpaid leave beginning withinfifty-two (52) weeks after the child is placed with theparent.

(2) If the child has a physical, psychological or emotionalcondition requiring an additional period of parental care, theemployee is entitled to up to an additional five (5)consecutive weeks of unpaid leave, beginning immediatelyafter the end of the leave taken under paragraph (1).

(3) A request for leave must:(a) be given in writing to the Employer,(b) if the request is for leave under paragraph (lXa), (b)

or (c), be given to the employer at least four (4)weeks before the employee proposes to begin leave,and

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(c) if required by the Employer, be accompanied by amedical practitioner's ceftificate or other evidence ofthe employee's entitlement to leave.

(C) Combined EntitlementAn employee's combined entitlement to leave under Clause 22.06 islimited to fifty-two (52) weeks plus any additional leave theemployee is entitled to under Clause 22.06(aX3) or 22.06(bX2).

(D) Employment Durinq PregnancyThe Employer shall not deny a pregnant employee the right tocontinue employment during the period of pregnanry when theirduties can reasonably be performed. The Employer may requireproof of the employee's capability to perform their normal workthrough the production of a medical ceftificate.

(E) Seniority Status/Employee Benefits During Maternity LeaveWhile on maternity leave an employee shall retain andaccumulate their full employment status in connection withthe seniority provision.

The services of an employee who is absent from work inaccordance with this Clause shall be considered continuousfor the purpose of any pension, medical or other Planbeneficial to the employee, and the Employer shall continueto make payment to the Plan in the same manner as if theemployee were not absent in the following circumstances:

(a) the Employer pays the total cost of the Plan, or(b) the employee elects to continue to pay their

share of the cost of a Plan that is paid forjointly by the Employer and the employee.

22.07 General Leave

(a) Regular full-time employees and regular part-time employees whonormally and regularly work seventeen and one-half (17.5) hoursor more per week may apply for a general leave of absence withoutpay and without loss of seniority. Leave requests under this Clause

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may be granted at the discretion of the Chief Librarian. Approval ofleave under this Clause shall not be unreasonably denied providedalways that operational requirements permit the employeerequesting the leave to be absent during the period of leave and areplacement employee acceptable to the Employer is available, ifand when required by the Employer.

(b) The maximum period that any employee may be on general leaveis one (1) year.

(c) An employee may not apply for such a leave until the fourth (4th)calendar year of continuous, regular employment at the Library.No more than one (1) year of unpaid leave shall be granted to anemployee in any given five (5) year period. It should be noted thatthe Employer will consider such requests only where sufficientnotice has been given where it can be shown that operationalrequirements permit the employee requesting the leave to beabsent during the period of leave and a replacement employeeacceptable to the Employer is available, if and when required bythe Employer.

(d) The full premium for benefit plans will be the employee'sresponsibility.

(e) Up to Three (3) Working DaysAn employee shall be granted leave of absence without payor loss of benefits to a maximum of three (3) working daysin a calendar year.

All requests must be submitted on a time off request formand must receive the approval of the Chief Librarian prior tothe day in question.

22.08 Compassionate Care Leave

(a) The Employer shall grant a leave of absence without pay for amaximum of eight (B) weeks within a twenty-six (26) week periodto allow an employee to provide care or suppoft to a gravely illfamily member. For the purposes of this Clause, 'tfamily member"shall mean:

The spouse, child, parent, parent-in-law, sibling, grandchild orgrandparent of an employee, and

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Any person who lives with an employee as a member of theemployee's family.

(b) To request compassionate care leave, an employee must provide amedical certificate as proof that the family member needs care orsupport and is at risk of dying within twenty-six (26) weeks.

(c) If an employee takes leave under (a) above and the family memberto whom (b) appl¡es does not die within the period referred to in(b), the employee may take a fufther leave after obtaining a newcertificate in accordance with (b).

22.09 Entitlements While on Leave

Regular employees shall not earn vacation, sick leave and holiday paywhile they are on unpaid leave in excess of thirty (30) consecutive days(calculated from the first (1st) day of absence of the leave from work withholiday entitlements determined by the Employment Standards Act).

ARTICTE 23 . PAYMENT OF WAGES AND ALLOWANCES23.01 Schedules

The schedule of wages, classifications and salaries for all employees of theEmployer covered by this Agreement shall be in accordance with Schedule"4" attached hereto and forming paft of this Agreement.

23. 02 Temporary Appointments

Staff called upon to perform work in a higher paid classification shall bepaid the higher rate, within the bargaining unit, while so employed.

23.03 New Positions

When a new position not covered in Schedule "4" of this Agreement iscreated, the rate of pay shall be negotiated between the Employer andthe Union. Should the pafties be unable to agree on a rate, the mattershall be settled by arbitration.

23.04 Pay Days

Regular pay days shall be bi-weekly

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23.05 Pay on Temporary Transfers

When an employee temporarily relieves in or peforms the principal dutiesof a higher paying position outside the bargaining unit, he/she shallreceive a minimum increase of ten percent (10%) over his/her regularrate of pay.

23.06 Automobile Allowance

Travel allowance shall be paid to employees requested (however it is notmandatory) to use their vehicles for Employer business. The rate of theallowance shall be the most current rate published by the CanadaRevenue Agency for BC or such higher rate as may be established byEmployer policy.

23.07 Students

The rate of pay for all students hired under Provincial or FederalEmployment Grants shall be that applicable to Project Assistants

23.8 Emergency Closure Pay

In the event that the Library is closed due to an emergency (flood, srìow,fire, etc.), employees shall be paid for all hours scheduled during theclosure. This shall only apply for a maximum of seven (7) calendar daysfollowing the closure.

23.9 Training, Conferences & Meetings

(a) Time spent traveling to and attending approved training,conferences and meetings outside of Powell River and area shall beconsídered as time worked.

(b) No oveftime will be involved, and the maximum time claimableshall be seven (7) hours in a day and thifi-five (35) hours in aweek.

(c) Where attendance is required by the Employer, hotel rooms, perdiem, and other applicable expenses including additional child carecosts will be the Employer's responsibility.

(d) All other expenses shall be at the sole discretion of the ChiefLibrarian and shall be agreed upon in writing prior to attendance,

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but in general shall be in conformance with the poficies of theBoard.

23.10 First Aid Allowance Premiums

For each hour that an employee has been designated as the First AidAttendant, the employee shall be compensated at the rate of twenty-five($0.25) cents per hour. Employees are required to possess theirWorkSafe BC Occupational First Aid Level 1 ceftificate to be eligible forthis premium. The cost for obtaining such ceftificate will be theresponsibility of the Employer.

ARTICLE 24 . RETIREMENT24.01 Retirement

Employees retiring shall provide three (3) months notice prior to the dateof retirement.

24.02 Group Registered Retirement Savings Plan

The Employer shall provide a Group R.R.S.P. as follows:

(a) Only regular employees who were hired before March 1, 2005 shallbe eligible.

(b) Eligible employees shall contribute two percent (2%) of wages bypayroll deduction.

(c) The Employer shall contribute an equivalent amount.(d) Contributions shall be deposited in an account in the name of each

employee on a monthly basis at a bank or credit union as agreedbetween the Employer and the Union.

(e) Employees shall only have access to funds on termination and shallnot be entitled to make withdrawals prior to termination.

24.03 Municipal Pension Plan

As provided for by the PublÌc Sector Pension Plans Act of British Columbia,employees who are eligible shall pafticipate in the Municipal Pension Plan.

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ARTICLE 25 . JOB CLASSTFTCATION AND RECLASSIFICATTON25.01 Changes in Classifrcation

(a) When the principal duties of an existing classification significantlychange on a permanent basis with the result that the existing rateof pay is no longer applicable, the Union, an employee or theEmployer may request a review of the pay rate for thatclassification.

(b) If the parties faíl to agree as to whether a significant permanentchange has been made to the classification that warrants achanged rate of pay, or the pafties fail to agree on the rate of payto apply to the significantly changed classification, either pafi mayrefer the matter to arbitration under Afticle 11 to have the matterresolved.

(c) When the principal duties of an existing classification significantlychange on a temporary basis for longer than ninety (90) calendardays, the pafties shall agree on the temporary pay adjustment thatis to apply. Should they fail to agree, either party may refer thematter to arbitration under Afticle 11 to have the temporary payadjustment established.

(d) Brian Cruise shall serue as arbitrator under this Afticle (11).25.02 Job Descriptions

(a) The Employer shall maintain current job descriptions for allbargaining unit classifications.

(b) The job descriptions in effect as at September 6,20L2 are deemedto be the established job descriptions, provided that the Employermay subsequently change any such description subject to theprovisions of this Article (25).

(c) When the principal duties of an existing classification significantlychange on a permanent basis or a new bargaining unitclassification is created by the Employer, the Employer shallpresent the new/changed job description to the Union for its reviewand input. The Employer shall not finalize the new/changed jobdescription for thirty (30) calendar days after the Union's receipt ofsame, or such longer period as the pafties may mutually agree, to

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allow time for the Union to review and comment on thenew/changed description. The Employer will consider the Union'scomments, if any, when it finalizes the description.

(d) The pafties shall negotiate the rate to apply to the new/changedclassification during the thifi (30) calendar day period referred toabove, or such longer period as may be agreed to by the parties,and should the parties fail to agree on the rate (includingretroactivity, ¡f applicable), either pañV may submit the matter toarbitration under Adicle 11 to have the rate established.

(e) In the case of new/changed jobs, retroactivity shall be from thedate that the review was requested under Afticle 25.01(a).

(Ð The jurisdiction of the arbitrator in matters referred to arbitrationunder this Article (25) is limited to determining:

Whether a significant permanent or temporary change hasbeen made to the principle du