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UNW Collective Agreement

MOU – Rest Periods


MEMORANDUM OF UNDERSTANDING

BETWEEN

THE UNION OF NORTHERN WORKERS

AND

THE GOVERNMENT OF THE NORTHWEST TERRITORIES



REST PERIODS
 

The Employer and the UNW agree that there are circumstances where the lack of adequate rest between scheduled hours of work may present health and safety concerns in some work environments.

The parties agree that within 45 days following the date of ratification of this Collective Agreement, the parties will each name a maximum of four representatives to a Working Group established under this Memorandum. The terms of reference for this Working Group shall include:

1.

Meet not less than quarterly, and more often as required, from the date of ratification of this Collective Agreement until October 31, 2013;
 

2.

Review all relevant issues related to employee rest periods, including but not limited to; health and safety risks to employees and recipients of services. The review will address the management of employee rest periods starting with positions covered by Appendix A10 and Social Worker and Child Protection Worker positions, and followed by all other positions where the Working Group agrees that there are health and safety risks to employees and/or recipients of services;
 

3.

Review the expected costs of implementing specific language to provide for minimum rest periods, including any additional staffing costs which are necessitated by the implementation of this language;
 

4.

Make unanimous recommendations for language which would apply to employees who, because of overtime, call back or standby obligations, do not receive adequate rest before the start of the employee's next regularly scheduled shift taking into consideration the unique needs of each position and each workplace;
 

5.

Make unanimous recommendations for language with respect to other issues that the Working Group determines appropriate;
 

6.

If necessary determine priorities for implementation of the Working Group’s recommendations which would not increase the Employer's total costs for affected positions by more than one million dollars ($1,000,000) in the 2014-15 fiscal year and by an additional two hundred fifty thousand dollars ($250,000) (for a total of one million, two hundred and fifty dollars ($1,250,000) in the 2015-16 fiscal year;
 

7.

Taking into consideration the priorities identified by the Working Group and the provisions of point 6 above, implementation of recommendations shall begin on April 1, 2014;
 

8.

Meet as required after November 1, 2013 to collect and review information on the implementation of the unanimous recommendations, including costs of implementation and whether the recommendations are achieving the desired results;
 

9.

Report to the Joint Consultation Committee under Article 56 after each meeting.
 

Any unanimous recommendations which come into effect April 1, 2014, and later, shall form part of the Collective Agreement which commences April 1, 2012, including the right to file a grievance with respect to any alleged violation.

If the Working Group cannot reach unanimous recommendations by October 31, 2013, the parties agree that this issue will be referred to arbitrator Colin Taylor, or any other arbitrator mutually agreed upon by the parties, who shall make a binding decision prior to January 1, 2014. Any decision made by the arbitrator must comply with the above terms of reference as apply to the Working Group and shall form part of the Collective Agreement which commences April 1, 2012.

The Working Group shall meet as required after the binding decision is rendered to collect and review information on the implementation of the decision, including costs of implementation and whether the decision is achieving the desired results.

In the event that the amounts allocated under the Memorandum of Understanding for the 2014-15 or 2015-16 fiscal years are not fully expended, any unexpended amounts which exceed two hundred thousand dollars ($200,000) shall be paid to employees in the Bargaining Unit on strength as of March 31, 2016 as a fixed amount paid as a lump sum, on a regular pay, not later than 90 days after March 31, 2016.