This summary describes the general terms and conditions of the Compressed Work Week Agreement:
(a) The twelve (12) hour shift schedule may be cancelled by either party with thirty (30) days’ written notice.
(b)No employee shall work in excess of sixteen (16) consecutive hours or sixteen (16) hours in any one day.
(c) It is clearly understood by both parties that replacements must be available for relief purposes when required. In the event that the Company decides adequate relief will not be available, a Standing Committee member will be informed immediately, and the Local will cooperate fully to provide the necessary relief.
(d) Overtime will not be paid if incurred as a result of implementing or discontinuing the twelve (12) hour shift schedule. Employees entering or leaving the schedule; e.g., for relief purposes, will not be paid overtime for the ninth (9th) to twelfth (12th) hours of the shift, or for hours not in excess of forty-four (44) hours in a week. Such employees will have time off arranged on the basis of working forty-two (42) hours per week over the averaging period.
(e) Any employee entering the 12-hour shift schedule without being given due notice as per the Kruger Products Labour Agreement will be paid the overtime premium for the ninth (9th) to twelfth (12th) hour of the first 12-hour shift.
(f) It is understood by both parties that concerns may arise while this schedule is in effect. Should this occur, the parties will meet to discuss the concern and attempt to reach a satisfactory solution.
(g) When an employee who works an eight (8) hour schedule relieves into a compressed work week position for one (1) shift of the schedule, they shall receive overtime for the last four (4) hours of the shift when proper notice has not been given as per the Kruger Products Labour Agreement.
(h) Employees will give as much notice as they possibly can on requests for leave so that they can be replaced at straight time. Otherwise, the necessity to work employees on their days off will effectively negate the benefits gained from the additional days free from work in the compressed work week.
(i) All workers who work in excess of twelve (12) consecutive hours shall have the following options of:
a)Receiving a double time premium for hours worked in excess of twelve (12) hours that will be paid out in the pay period in which the work was performed. If being paid at double time is not requested by the employee during the shift being worked, the time will automatically be banked at straight time.
b)Receiving straight time for hours in excess of twelve (12) consecutive hours and taking equivalent time off in units of not less than four (4) hours at the hourly rate for the job when the work was performed, at a time suitable to the employee and the Company during the contract year.Any overtime remaining at the end of the contract year in which it is banked may be carried over to the next contract year for purposes of taking equivalent time off. If equivalent time off is not taken by the end of the contract year following the contract year in which it is earned, the Company shall pay the deferred one-half (1/2) premium pay. Tour Workers who choose to bank overtime may later re-elect to receive the deferred one-half (1/2) premium pay.
(j) The letter on 12-hour shifts will provide for Tour Workers who work in excess of eight (8) consecutive hours on a scheduled day off to have the option of receiving the overtime premium on the basis of Article VI, Section 2 (c) Banking of Overtime.
(k) When the Company changes an employee’s shift schedule after the start of the week without notification being given during the first twelve (12) hours of their last shift proceeding the new shift, the employee shall receive two (2) hours’ penalty payment at the straight time day rate for the first shift worked resulting from the change.
If the change in shifts during the week is temporary, the penalty payment is not payable for the second change in shifts when the employee returns to their previously established shift schedule.
(l) Continuous hours worked on Sunday up to eight (8) hours and in excess of twelve (12) hours will be counted in the further calculation of the forty (40) hour week for the computation of overtime.
(m) Employees will be allowed to take vacations on a tour basis. For purposes of the twelve (12) hour shift schedule, a tour will be the number of consecutive working days without a scheduled day off.
(n) A meal allowance of $23 will be granted to any employee actively engaged or relieving on the twelve (12) hour shift schedule who is required to work more than thirteen (13) consecutive hours.
(o) An employee called in to report to work on the 12-hour shift schedule within three (3) hours or less will be given a meal allowance.
(p) Taking the Special (Personal) Floating Holidays, Banked Overtime, and Days in Lieu of Statutory Holidays.
The following rules apply:
(i) At any time during the year, an employee who has eight (8) or more hours but less than twelve (12) hours in their bank time will have the option of taking a twelve (12) hour shift off and be paid the number of hours remaining.
(ii) Time-off hours will be taken out of the “overtime bank” in the same order as they went in; e.g. first in, first out.
(iii) Employees may take four (4) hours from the grouped hours if so desired to supplement statutory holiday pay if they would normally have worked.
(iv) With the above exceptions and those elsewhere in this Memorandum of Agreement, all other conditions of the Labour Agreement will apply to the matters covered in this Item (t).
(q) When death occurs to a member of a regular full-time employee’s immediate family, the employee will be granted an appropriate leave of absence and they shall be compensated at their regular straight-time hourly rate for hours lost from their regular schedule for a maximum of thirty-six (36) hours, according to the provision of Article XIII of the Labour Agreement.
(r) Any regular full-time employee who is required to report for Jury Selection, Coroners’ Inquest, or who is required to appear as a Crown Witness, on a day on which they would normally have worked, will be reimbursed by the Company for the difference between the pay received for the Coroners’ Inquest, or Witness Duty and their regular straight-time hourly rate of pay for their regularly scheduled hours of work necessarily lost. It is understood that such reimbursement shall be for forty-eight (48) hours during a week in which they are scheduled to work 48 hours, or thirty-six (36) hours during a week in which they are scheduled to work 36 hours. The employee will be required to furnish proof of Coroners’ Inquest, or Witness Service and Coroners’ Inquest, Jury Duty, or Witness pay received. Hours paid for Coroners’ Inquest, Jury Duty or Witness Duty will be counted as hours worked for the purpose of qualifying for vacations and for recognized paid holidays, but will not be counted as hours worked for the purpose of computing overtime.
(s) When an employee is injured on the job, and on the advice of a doctor does not return to work, they will receive pay for the full shift on which they were injured to a maximum of twelve (12) hours at their regular rate of pay.
(t) The twelve (12) hour shift times of 7:00 a.m. to 7:00 p.m., and 7:00 p.m. to 7:00 a.m. will define a DAY as a period of twenty-four (24) hours beginning at 7:00 a.m. and a WEEK as a period of seven (7) calendar days beginning at 7:00 a.m. Sunday.
(u) Weekly indemnity benefits will continue to be calculated on the basis of seven (7) calendar days and that loss of income has occurred.