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UNW Collective Agreement

Article 22 - Hours of Work - General

 

DAY WORK

22.01 (a) Unless otherwise agreed upon by the Employer and the Union, the standard hours of work for employees whose standard work week is 37.5 hours are:
    (i) The standard daily hours will be seven and one-half consecutive hours, between 08:30 and 17:00, each day from Monday to Friday.
    (ii) The standard yearly hours will be 1950.
    (iii) The standard daily hours are exclusive of a minimum half hour lunch period scheduled as close as possible to mid-day.
    (iv) There shall be a paid 15-minute break in the morning and a paid 15-minute break in the afternoon.
  (b) Unless otherwise agreed upon by the Employer and the Union, the standard hours of work for employees whose standard work week is 40 hours are:
    (i) The standard daily hours will be eight consecutive hours, between 08:00 and 17:00, each day from Monday to Friday.
    (ii) The  standard yearly hours will be 2080.
    (iii) The standard daily hours are exclusive of a minimum half hour lunch period scheduled as close as possible to mid-day.
    (iv) There shall be a paid 15-minute break in the morning and a paid 15-minute break in the afternoon.
 

SHIFT WORK

22.02 Where the employee's work is scheduled by the Employer to fall outside of the standard hours of work as defined in 22.01, the following process applies:
  (a) The Employer and the Union will agree before establishing new or revised shift hours for an operational unit. Such agreement will not be unreasonably withheld. The Employer shall give employees at least 14 days notice of any change.
  (b) The daily shift hours will be no more than sixteen (16) hours.
  (c)

The number of consecutive shift days of work shall be no more than 7 days.

  (d) The number of consecutive days of rest between shifts shall be no less than 2 days.
  (e) The number of shift days in a year for which the employee is entitled to be paid is determined by dividing the standard yearly hours 1950 or 2080 by the daily shift hours
  (f) (i) The following provisions of Article 16 shall not apply to employees covered by Clause 22.02: 16.01(1), 16.02, 16.03, and 16.06.
    (ii) Notwithstanding (i), employees who work Monday to Friday, who are not scheduled to work designated paid holidays, and whose hours of work fall outside of the standard hours of work as defined in 22.01, shall be entitled to the provisions of article 16, except 16.09.
22.03 The Employer will post a master work schedule for employees in an operation who work shift hours.
  (a) The Employer shall:
    (i) avoid excessive fluctuations in hours of work; and
    (ii) post a schedule no less than 14 calendar days in advance to run for at least 28 calendar days;
  (b) The Employer shall make every reasonable effort to:
    (i) give employees every second Saturday and Sunday off, ensuring a minimum of 48 consecutive hours off duty;
    (ii) schedule at least two consecutive days off; and
    (iii) not schedule more than one shift in any 24 hour period.
  (c) When an employee works two shifts in any calendar day:
    (i) one of the shifts shall be deemed overtime; and
    (ii) except in an emergency an employee may not work more than two consecutive shifts.
  (d) An employee shall be granted alternate weekends off as often as reasonably possible with each employee receiving a minimum of every third weekend off. Overtime rates of pay shall apply to weekend hours worked by an employee on the third consecutive weekend and subsequent consecutive weekends worked thereafter. It is understood that if an employee is required to be on travel status on a weekend, it shall be deemed as a weekend worked for the purpose of this clause. This Clause does not apply to employees who are hired exclusively to work weekends or who request to exchange shifts with other employees to work weekends.
  (e) The Employer agrees that there shall be no split shifts.
22.04 Provided sufficient advance notice is given, and with the approval of the Employer, employees may exchange shifts if there is no increase in cost to the Employer.
22.05 The Employer shall make every reasonable effort to schedule an employee's shifts to allow for regular attendance at educational courses.
22.06 The Employer will provide transportation, or the actual cost of commercial transportation, between home and the workplace for an employee whose scheduled hours of work start or finish between midnight and 06:00 or who is required to travel to and from work during those hours to perform overtime work.
 

FLEXIBLE HOURS

22.07 At the request of an employee, the Employer may grant flexible or staggered hours between 07:00 and 18:00. This is subject to operational requirements.
 

COMPRESSED WORK WEEK

22.08 At the request of an employee, the Employer may agree to allow the employee to work hours from Monday to Friday inclusive which may vary from the standard daily 7.5 or 8 or weekly 37.5 or 40 hours as follows:
  (a) Over a period of 14, 21 or 28 calendar days, the employee must work or be on approved leave or a designated paid holiday for a period equal to two, three or four times the standard weekly hours.
  (b) There must be no increase in cost to the Employer and no decrease in productivity due to the selection of hours.
  (c) A schedule of hours of work for the compressed work week will be agreed by the employee and the employee's supervisor. An employee who works in excess or outside of the scheduled hours established shall be compensated in accordance with the overtime provisions of this collective agreement.
  (d) The hours of work may not be varied for the purpose of avoiding payment of overtime to individual employees.
  (e) This arrangement may be terminated at any time, by either the employee or the Employer with at least 14 days notice.
  (f) The Employer’s agreement to permit an employee access to the compressed workweek shall not be unreasonably withheld.
   

EMPLOYEE SCHEDULED WORK

22.09 (a) At the request of an employee, the Employer may allow employees to determine their own hours of work to meet operational requirements that due to the ongoing nature of their work cannot be met by working the standard hours. Such requests shall not be unreasonably denied.
  (b) Where these employees work more than the standard hours of work over a period of 28 calendar days, they shall be entitled to one compensatory hour off with pay for each extra hour worked. These employees must make every reasonable effort to schedule their hours to minimize extra hours worked.
  (c) Compensatory hours must be taken at a time mutually agreeable to both the employee and the Employer. They must be used in the same fiscal year in which they are earned.
  (d) At the end of the fiscal year, those accumulated compensatory hours which the employee has been unable to use will be liquidated in cash, at the normal hourly rate of pay, up to a maximum of 15 times the standard daily hours of work. If the employee has accumulated more than this, the extra hours will lapse. Under no circumstances will an employee be paid out more than 15 times the standard daily hours of work 7.5 or 8. There shall be no carryover of those hours from one fiscal year to the next.
  (e) It is understood that Clause 22.09 is not intended to be used on an ad hoc basis to meet operational requirements or to avoid the payment of overtime to employees.
  (f) Employees who are required by the Employer to work outside their varied hours shall be paid in accordance with the overtime provisions of this Collective Agreement. Employees who are required by the Employer to work on designated paid holidays shall be compensated in accordance with Article 16.
  (g) This arrangement may be terminated at any time by either the employee or the Employer with a minimum of 14 days notice.
 

GENERAL RULES

22.10 Employees are entitled to one 15 minute paid rest period in every period of 4 or 3.5 consecutive hours worked as appropriate. The scheduling of these rest periods is subject to the approval of the employee's supervisor.
22.11 If an employee is scheduled to have an unpaid meal period during the Employee’s regularly scheduled work day, and the Employee is required by the Employer to work during some or all of the Employee’s unpaid meal period, the Employee shall be given the time not taken later in the Employee’s regularly scheduled work day. If this is not possible, the Employee will be paid at the applicable overtime rate for the time not taken.
 

SCHOOL YEAR EMPLOYEES

22.12 (a)

School year employees means Education Assistants, Secretaries, Custodians, Library Technicians, School Community Counselors, Dental Therapists and such other employees as the Employer may, in consultation and with the Union’s agreement, designate as school year employees.

‘Education Assistants’ means Education Assistants, Classroom Assistants, Special Needs Assistants, Student Support Assistants and Inclusive Support Assistants.

  (b) The Employer may establish hours of work for school year employees whose work year follows the school year. The total number of working days for each school year employee shall be as follows:

(i)  Education Assistants                   195 days
(ii) Secretaries                                   200 days
(iii) Custodians                                  205 days
(iv) Library Technicians,
      School Community Counselors
      and Dental Therapists                195 days

22.13 (a) In setting the working days for each school year employee, the Employer shall make all reasonable efforts to confine the working days to the period immediately before the date designated on which the teachers report and immediately after the date designated as the last day for teachers as set out on their local school calendar.

  (a.1) From time to time, operational requirements may require the working days for a school year employee to include days during the period designated as the Christmas and Spring Recesses on
their local school calendar. Where such a requirement is anticipated, the Employer shall provide the employee with advance notice and such notice shall not be less than 30 calendar days. Where less than 30 calendar days notice is provided to the employee, then the employee shall be compensated in accordance with Article 23.

  (b) School year employees will not be entitled to earn the vacation credits or take the vacation leave in Article 18 of this Agreement.
22.14 School year employees will be paid at the appropriate pay level for their position over 26 pay periods.
22.15 Hours of work shall be scheduled on a regular basis so that School Year Employees:
  (a) On a weekly basis will not work in excess of thirty-seven and one-half (37.5) or forty (40) hours and five (5) days per week
  (b) On a daily basis be on duty for 7.5 or 8 hours commencing a minimum of fifteen (15) minutes before the start of the normal school day.
  (c) Obtain two (2) consecutive days of rest per week.
  (d) School Year Employees shall be entitled to overtime in accordance with the provisions of Article 23.
  (e) Where Education Assistants share the noon hour supervision of students with teachers, the Employer will ensure that a duty free one hour lunch period would be allowed on an equitable and shared basis with teachers.
  (f) For those Education Assistants who have not completed the Education Assistant Training Course, their work year may be extended to include these courses for each year that the Education Assistant attends such a course.
  (g) School Year Employees planning to terminate their employment during the summer recess are required to notify the Employer of their intent at least 30 days prior to the last day of the school year.
  (h) When an Education Assistant is required to lead a class and no teacher is present in the classroom, the Education Assistant will be paid at a rate two (2) ranges above their current step.
22.16 Where an employee dies or otherwise terminates employment during a school year, the employee or estate shall receive that portion of the summer recess pay the employee is entitled to in accordance with the number of school days worked during that school year.
 

JOB SHARE EMPLOYEES

22.17 At the request of two employees, the Employer may agree to allow them to share the hours of a fulltime position. There must be no increase in cost to the Employer and no decrease in productivity.
  (a) The employees will establish the rotation whereby one employee covers the position at all times except when one or both employees are on approved leave.
  (b) The breaks between each period of job share service shall not interrupt the accumulation of "continuous employment" and "continuous service" with the Government of the Northwest Territories however shall not be included in the calculation of “Continuous Employment” and “Continuous Service”.
  (c) The Employer will not unilaterally change the established rotation. However, the established rotation may be changed by mutual agreement to address temporary situations where one of the job share employees is absent from work.
  (d) The provisions for part time employees will apply to each of the job share employees, such that all benefits are prorated except medical transportation assistance, dental and other medical insurance plans. These benefits are not to be prorated and the Employer will continue to pay the full Employer's share.
  (e) The job share may be terminated at any time by either employee or the Employer with reasonable notice.
  (f) Where one of the employees wishes to terminate the job share, that employee must give one month’s notice of resignation from the Public Service.
  (g) If one of the employees terminates participation, there shall be a one month period in which to find a replacement before the job share arrangement is terminated. During this period the Employer shall make reasonable efforts to fill the vacant rotation. The Employer will consider any suitable replacement employees suggested by the remaining employee. Failing this the job share arrangement is deemed to be terminated and the shared position must revert to a full-time indeterminate position, with the remaining employee having the option to assume that position full time.
 

RENEWABLE RESOURCE OFFICERS

22.18 Compensatory Leave
  (1) In order to meet the operational requirements Renewable Resource Officers engaged in field and patrol operations may not always be able to work the normal work week of five (5) work days followed by two (2) days of rest, and may sometimes be required to work in excess of five (5) consecutive days in one week. Because of this, Renewable Resource Officers are allowed flexibility in scheduling their work week on an irregular basis to meet operational requirements.
  (2) (a) As a means of compensating Renewable Resource Officers for any extra days worked as a result of their irregular work schedule, the Employer agrees that where a Renewable Resource Officer works in excess of the normal work days in a month, he/she shall be entitled to a compensatory day off with pay for each extra day worked.
    (b) These compensatory days must be taken at a time mutually agreeable to both the employee and the Employer, and they must be used in the same fiscal year in which they are earned.
    (c) At the end of the fiscal year, those accumulated days which the employee has been unable to use will be liquidated in cash, at the normal daily rate of pay, up to a maximum of fifteen (15) days. If the employee has accumulated more than fifteen (15) days, those days in excess of fifteen (15) lapse. Under no circumstances will an employee be paid out for more than fifteen (15) days at the end of the fiscal year and there shall be no carryover of those days from one fiscal year to the next.
 

MIDWIVES

22.19 (a) In order to meet operational requirements Midwives may not be able to work the normal work week of five (5) work days followed by two (2) days of rest, and may sometimes be required to work in excess of five (5) consecutive days in one week. Because of this Midwives are allowed flexibility in scheduling their work week on an irregular basis to meet operational requirements.
  (b) As a means of compensating these employees for any extra days worked as a result of their irregular work schedule, the Employer agrees that where a Midwife works in excess of the normal work days in a 28 day period, he/she shall be entitled to compensatory time off with pay for each extra hour worked. A midwife shall be provided compensatory leave at the rate of time and one half for all hours worked greater than 150 hours over a 28-day period.
  (c) This compensatory leave must be taken at a time mutually agreeable to both the midwife and the Employer, and they must be used in the same fiscal year in which they are earned.
  (d) At the end of the fiscal year, those accumulated hours which the midwife has been unable to use will be liquidated at the employee’s current rate of pay, up to a maximum of fifteen (15) days [one hundred and twelve and one half (112.5) hours]. If the employee has accumulated more than fifteen (15) days, those days in excess of fifteen (15) lapse. Under no circumstances will an employee be paid out for more than fifteen (15) days at the end of the fiscal year and there shall be no carryover of those days from one fiscal year to the next.
  (e) Midwives placed on standby shall be compensated in accordance with Article 29.01 (1) for hours outside the normal hours of work. Hours worked while on standby shall be considered as employee scheduled hours outlined in 22.19 (b).