A G R E E M E N T

Effective January 31, 2006 to December 31, 2007

BETWEEN

UNITED UTILITY WORKERS' ASSOCIATION
OF CANADA


AND


DATACO UTILITY SERVICES LTD.
DATACO UTILITY SERVICES (CALGARY) LTD.
DATACO UTILITY SERVICES (RED DEER) LTD.
 

Letters of Understanding

• Calgary Weekend On-Call Rates
• Rates Re: Trips To or From Field Services

1.1 Dataco Utility Services Ltd., Dataco Utility Services (Calgary) Ltd. and Dataco Utility Services (Red Deer) Ltd. (the Employer) recognizes the United Utility Workers' Association of Canada (the Association) as the exclusive bargaining agent for the employees covered by this Collective Agreement as described by Certificate Number 84-2004 of the Alberta Labour Relations Board.

1.2 The Employer agrees to furnish the Association with copies of directives, policies, or letters which affect the working conditions of the employees covered by this Agreement.

1.3 The Employer agrees to notify the Association in writing, within ten (10) working days of the name, position and location of each employee who resigns or is hired.

1.4 In the event that the Employer and the Association wish to alter any article or item during the term of this Agreement, the parties may, by mutual agreement, negotiate, draft and sign a Memorandum of Agreement.

6.3 Association representatives may investigate and settle grievances, attend joint Employer and Association meetings or attend to other business of the Association pertaining to the affairs of the Employer during working hours for a reasonable length of time. Employees serving as President or Director of the Association shall be allowed time, including necessary traveling time, to attend to the Business of the Association.

6.4 Employees shall be allowed time off to attend to other business of the Association, including necessary travelling time. The Association shall advise the Employer of the name(s) of the employee(s) and the time required. All time granted for this purpose shall be billed to the Association.

6.5 The Employer also agrees that the Association may have the assistance of such representatives as it may designate in any negotiations or discussions between representatives of the parties hereto.

6.6 Members of the Association Negotiating Committee shall receive their wages while traveling and attending a negotiation meeting with the Employer. Should negotiations extend into an employee’s regular day off, equivalent time off will be allowed at a later date. If negotiations extend beyond normal daily working hours, additional or overtime payment shall not be paid.
 

Lethbridge

1. Eight (8) hours shall constitute a regular workday and five (5) days shall constitute a regular workweek. The work week shall be Monday to Friday.
    
2. Normal hours shall be from 8:00 am to 4:00 pm with 2 (two) hours designated as paid breaks. Routes shall be an average of six (6) hours. Each Meter Reader shall be assigned one (1) route per day.

10.1 The following holidays shall be recognized as paid holidays:

and any other holiday approved by the Employer or legislation.

10.2 A Holiday which falls on any day Monday to Friday inclusive, shall be observed on day on which it falls. When a Holiday falls on a Saturday or Sunday, the following Monday or proceeding Friday shall be a lieu day.

10.3 Employees requested and who work on any of the recognized holidays will be paid as follows:

1. Time and one half the straight-time rate for all hours worked; plus
    
2. Holiday pay equal to the straight-time rate for eight (8) hours.

10.4 An Employee entitled to holiday pay will receive the equivalent of eight hours regular pay.

10.5 An Employee otherwise eligible for a paid holiday, who is on vacation at the time the holiday occurs, shall be given one additional day off, with pay, to be added to the Employee’s vacation.

10.6 An Employee scheduled to work on the holiday but who fails to report for work will not receive compensation unless the reason for the Employee’s absence is submitted and found to be acceptable to the Employer.

11.1 Employees shall be entitled to paid vacation as follows:

11.2 Employees shall be entitled to paid vacation at the employee’s basic rate of pay at the time vacation is taken calculated as at the last 30 days of pay.

11.3 Temporary employees shall be paid an additional four percent (4%) of their basic rate of pay in lieu of vacation.

11.4 An employee may request their vacation pay in advance for the regular payroll period(s) which terminate during their vacation. Such requests shall be made verbally to an appointed representative not less than fourteen (14) days prior to the date the advance is requested by the employee.

11.5 Employees shall have preference for vacation in order of their seniority.

11.6 Vacations may not be accrued from one year to the next and are to be taken in the calendar year of entitlement.
 

12.1 Bereavement Leave

In the case of a death in the immediate family, an employee shall, if required, be given time off with pay up to a maximum of three (3) working days calculated at $17.00 hour. Additional non paid time of up to two (2) days shall be granted if required for either travelling or where the employee is charged with the responsibilities of making funeral arrangements. The term “immediate family” means a mother, father, spouse (including common-law or same-sex), sister, brother, son, daughter, grandfather, grandmother, granddaughter, grandson, mother-in-law, father-in-law, sister-in-law, brother-in-law, son-in-law, daughter-in-law, any “step relative” version of those listed, and any relative of the employee who permanently resides in the employees’ household or with whom the employee permanently resides.

Where circumstances may warrant, in addition to bereavement leave, unpaid leave will be provided.

Should a holiday fall during a period of bereavement leave, the day shall be paid as holiday pay and will not extend the bereavement leave.

Bereavement occurring during an employee’s vacation period shall extend the vacation by the amount of days allowed for bereavement leave in accordance with the foregoing.

12.2 Funeral Leave

In the case of a death of a friend, working associate or a relative not covered by bereavement leave, an employee shall be given unpaid time off not to exceed one (1) day to attend the funeral. Additional unpaid time shall be granted if required for either traveling or where the employee is charged with the responsibilities of making funeral arrangements.

12.3 Pallbearer Leave

When an employee serves as a pallbearer, the employee shall be allowed time off work, up to a maximum of one (1) day.

12.4 Elections

Employees eligible to vote shall be allowed sufficient time off with pay to meet legal requirements for voting purposes.

12.5 Court Witness

An employee absent from work as a result of a subpoena, summons, or notice to attend to appear as a witness shall be allowed time off with pay. The witness fees received shall be turned over to the Employer.

Employees appearing as a witness on behalf of the Employer shall receive their wages and expenses.

12.6 Jury Duty

An employee receiving a Court notice to appear for jury duty will immediately inform their supervisor. Time off with pay will be allowed for jury duty. Jury Duty fees received shall be turned over to the Employer. The employee may elect to retain the jury fee and have the time off as unpaid.

12.7 Maternity Leave / Parental Leave

Birth mothers can take up to fifty-two (52) consecutive weeks of unpaid, job-protected leave. This is made up of fifteen (15) weeks maternity leave and thirty-seven (37) weeks parental leave.

Fathers and/or adoptive parents can take up to thirty-seven (37) consecutive weeks of unpaid, job-protected parental leave. Adoptive parents can take parental leave regardless of the age of the adopted child. Parental leave may be taken by one parent or shared between two parents but the total combined leave cannot exceed thirty-seven (37) weeks.

Maternity leave can begin at any time within twelve (12) weeks of the estimated date of delivery. Parental leave can begin at any time after the birth or adoption of the child but it must be completed within fifty-two (52) weeks of the date a baby is born, or an adopted child is placed with the parent.

The following conditions shall apply:

1. If the pregnancy interferes with the employee's job performance during the twelve (12) weeks before the estimated date of delivery, the Employer can require the employee to start maternity leave. The employee must be notified in writing. An employee, who takes both maternity leave and parental leave, must take the leaves consecutively.
    
2. An employee must take at least six (6) weeks of maternity leave after the birth of her child, unless the Employer agrees to early resumption of employment and the employee provides a medical certificate indicating that resumption of work will not endanger her health.
    
3. If the Employer employs both parents of a child, the Employer is not required to grant leave to both employees at the same time.
    
4. An employee must give the Employer at least six (6) weeks written notice about when she intends to start maternity leave.

The Employer may request a medical certificate certifying pregnancy and giving the estimated date of delivery.

An employee must give the Employer at least six (6) weeks written notice to start parental leave.

Parents will still be eligible for the leave if medical reasons, or circumstances related to the adoption, prevent the employee from giving this notice. When this happens, written notice must be given to the Employer as soon as possible.

Employees must give at least four (4) weeks written notice that they intend to return to work or to change their return date. This notice must be provided at least four (4) weeks before the end of the leave.

Where an employee fails to provide this notice, or fails to report to work the day after their leave ends, the Employer is under no obligation to reinstate employee.

Employees are required to provide four (4) weeks written notice if they do not intend to return to work after leave ends.

An employee returning from maternity leave or parental leave shall be reinstated in the position that they occupied when the leave commenced. Where for any valid reason the Employer cannot reinstate employee in their former position, the Employer shall reinstate the employee in a comparable position with the same wages and benefits and in the same service area(s).

12.8 Sick Leave

An employee is entitled to four (4) paid days per year. If unused as sick leave, employees, at their discretion, may schedule the days off or receive a pay out in the following year. If an employee does not request a pay date by February 28th of the following year or advise that they wish to schedule the days off, it shall be at the discretion of the employer when the payment shall be made, however, the payment shall be made no later than June 30th.

12.9 Work Related Injury Absence

All accidents or injuries sustained by an employee while on duty shall be reported as soon as practicable to the Employer in order that the Workers' Compensation Board may be notified.

When an employee suffers a disabling work injury or required medical attention, the Employer shall pay the employee for the day on which the accident occurs.

16.1 The parties recognize the right of Employees to work in an environment free from sexual and personal harassment.

16.2 Sexual harassment means any sexually offensive actions or behaviour, which is unsolicited, one-sided and coercive. It includes any conduct, comment, gesture or contact of a sexual nature, which does or is likely to cause offence or humiliation to any Employee or threatens the Employee's well being.

16.3 Personal harassment means any discriminatory behaviour, which takes place at or is related to the workplace, which denies an individual his or her dignity and respect or affects his or her job security by creating an intimidating, offensive, embarrassing or humiliating work environment. Personal harassment includes, but is not limited to, discrimination because of race, national or ethnic origin, colour, religion, age, gender, sexual orientation, pregnancy, childbirth, marital status, family status, disability, source of income, conviction for which pardon has been granted, political affiliation, Association membership, participation in the lawful activities of the Association and preventing, by any means, the exercise of any right conferred under the collective agreement or any applicable law of Canada and its provinces.

18.1 Should the Employer decide to reduce the number of employees due to lack of available work, the layoff shall be on a last in, first out basis in each classification

18.2 Employees shall not be required to move or assume other service points and may choose to be laid off should their work area be the area affected.

18.3 Temporary employees shall be laid off prior to permanent employees.

18.4 Placement of staff after layoff shall be according to seniority.

18.5 Arrangement of staff after layoff shall be on the basis of seniority. The Company will canvas for volunteers to fill vacant positions. If there are no volunteers then employee(s) will be displaced by seniority. This practice is known as bumping.

18.6 No new employees or previous employees shall be hired until those permanent employees on lay-off with recall rights have been given the opportunity for re-employment. Employees shall be recalled in order of seniority.

18.7 The return to work date shall be no sooner than fourteen (14) calendar days from the date the employee is advised, by registered mail, of the recall. If an employee fails to return to work in their work area or service points, they will be deemed to have waived their recall rights. Should an employee refuse a recall for work in another area or service points, the offer of recall shall go to the next senior employee. Employees refusing work in another area or service points, shall remain on the recall list.

18.8 Not less than five (5) weeks prior to the layoff, the Employer shall advise the Association in writing of the number of employees affected, the classification(s), the seniority dates, and the reasons for the proposed reduction. The Employer and the Association will jointly verify employee seniority and meet to consider alternatives to and otherwise mitigate the effects of the proposed downsizing.

18.9 Not less than four (4) weeks prior to the layoff, the Employer shall:

1. Send a notice to each affected employee containing:

1. employee entitlements at time of layoff (e.g. EI, outstanding wages, etc.)
2. options being considered by the Employer and Association;
3. if known, the expected return to work date; and
4. obligations and rights of employees with respect to recall.

2. Notify the Association in writing of the name, Classification, seniority date and location of the employee(s) to be laid off.

18.10 Employees who are being laid off shall receive severance pay within (5) working days of their last working day in the amount of the greater of:

1. two (2) weeks pay, or
2. one (1) weeks pay per year of service.
   

The grievor, Unit Coordinator, and/or Association representative shall discuss the grievance with the grievor’s supervisor within ten (10) working days.

20.2 Step 2

If the dispute is not settled under Step 1, the particulars of the grievance shall be reduced to writing and submitted by the Association to the Employer within ten (10) working days. Representatives of the Employer and the Association shall meet within ten (10) working days to discuss the grievance. The Employer representative shall give their decision, in writing, within three (3) working days of the meeting.

20.3 Step 3

In the event that the grievance cannot be resolved pursuant to Step 2, then within fifteen (15) working days of the decision, or the date there should have been a decision, the matter may be referred by either party to arbitration.

20.4 Any grievance by the Employer or the Association may be commenced within ten (10) working days of the date of knowledge of the incident or matter-giving rise to the grievance. The grievance will commence with a request by either the Employer or the Association for a discussion to resolve the grievance. Within five (5) working days of the request, representatives of the Association and the Employer will meet in an attempt to resolve the grievance. If the grievance is not settled to the satisfaction of either party at this meeting or if the meeting is not held, the grievance must be put in writing and may be referred to arbitration within fifteen (15) working days.

20.5 Should either party refer a grievance to arbitration, the notice shall contain the names of up to three (3) individuals acceptable as a single arbitrator. If the parties fail to agree upon an arbitrator within ten (10) working days, either party may request the Minister of Labour to appoint an arbitrator.

20.6 The arbitrator does not have the jurisdiction or authority to alter or modify any of the provisions of this agreement, or to give any decision inconsistent with the terms and provisions of this agreement. The decision of the arbitrator will be final and binding upon the parties and the employees affected by it.

20.7 The parties will share equally the fees and expenses of the arbitrator.

20.8 With mutual consent of the parties the time limits may be extended for such period of time as may be agreed between the parties.

20.9 With mutual consent of the parties, any step(s) of the grievance procedure may be waived.
 

21.1 The Employer shall:

1. Reimburse employees fifty dollars ($50.00) per month for use of personal cellular phones, or
    
2. Supply employees with a cellular phone for business use. Incidental personal use costs will be charged back to the employee.

21.2 Temporary employees shall be supplied with a cell phone.

Employees shall be reimbursed for use of their vehicles for authorized Employer business at the rate of forty cents per kilometre ($0.40/km).
Effective January 1, 2007 increase to $0.42/km

22.2 Red Deer and Lethbridge Flat Rate/Monthly Vehicle Allowance

1. Employees in Lethbridge and Red Deer shall be paid two hundred dollars ($200.00) per month.
    
2. When Red Deer and Lethbridge Meter Readers are on vacation, their flat rate will be reduced by ten dollars ($10.00) for each vacation day.

22.3 Day Reconnect and Disconnect Meter Readers in Red Deer will be paid mileage.

22.4 Lethbridge Meter Readers will be paid mileage and a ten dollar ($10.00) lunch payment when they are travelling outside Lethbridge to read the A.M.P.S. communities.

22.5 Calgary Service Technicians shall receive ten dollars ($10.00) per day while fuel prices are in excess of seventy-five ($0.75) per litre. The ten dollar ($10.00) rate shall be in effect until the Company and the Association agree on a formula to compensate Calgary Service Technicians for any further increase in fuel prices.
 

The Employer shall replace worn or damaged items upon return of said item by the employee. Any item damaged by neglect or misuse by the employee, shall be replaced at cost by the employee.

24.3 Footwear Allowance

1. The Employer shall pay Red Deer and Lethbridge employees an allowance of two hundred and twenty five dollars ($225.00) per year.
    
2. The Employer shall pay one hundred dollars ($100.00) per year to Calgary employees who work in the Meter Shop
    
3. Temporary employees shall receive the Footwear Allowance, pro-rated to their length of employ, if they are hired as Meter Readers.

24.4 Uniforms / Clothing

1. Each employee in Red Deer and Lethbridge shall be provided winter and summer clothing in accordance with the regulations stipulated by either the City of Lethbridge or the City of Red Deer, as applicable.
    
2. Temporary employees in Red Deer and Lethbridge shall be supplied with uniforms.

1. Service Technicians – Calgary

2.  Electrician – Calgary

Effective Jan 1/07 $46.00 hr

26.2 Meter Readers – Lethbridge & Red Deer

26.3 Standby / On-Call – Calgary & Red Deer

1. Calgary and Red Deer employees who are on-call shall receive forty-seven dollars ($47.00) per shift. The on-call rate shall be paid in addition to all payments for piece rates or wages.
    
2. Employees working on the Calgary Evening Reconnect Crew shall receive a standby/on-call fee of forty-seven dollars ($47.00) per night. This rate shall be paid in addition to the piece rate per reconnect.

Effective January 1, 2007 these rates shall increase by the 2006 annual CPI for Alberta. In the event the CPI is a negative amount, it shall be treated as 0%, i.e. it shall not reduce the standby/on-call rate.

If, during the life of this agreement, Lethbridge implements standby or on-call, affected employees shall be paid the above rate.

3. Application of Standby/On-call in Calgary

When no disconnects are issued on a particular day and the disconnect crew is expected to be on-call for reconnects during the day then the following shall apply:

1. For each of the four quadrants in the city, employees assigned to a particular quadrant shall receive a standby/on-call fee as above.
    
2. Each crewmember will receive the agreed upon rate to perform a reconnect service, in addition to the standby fee indicated above.
    
3. Each crew member is expected to be on-call from 9:00 a.m. until 2:00 p.m.

26.4 Acting Managerial Pay

A Red Deer or Lethbridge employee who is asked to assume managerial duties, shall be paid two dollars ($2.00) extra per hour, for each hour they assume management duties.

26.5 RRSP Contribution

The employer shall contribute, for each participating employee, the equivalent of seventy-five percent (75%) of the employee’s contribution to a maximum of three percent (3%) of the employee’s gross earnings.

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This document represents the terms and conditions of employment agreed to between Dataco Utility Services Ltd., Dataco Utility Services (Calgary) Ltd. and Dataco Utility Services (Red Deer) Ltd. (the Employer) and the United Utility Workers' Association of Canada (the Association). These terms and conditions have been derived from various existing agreements between the parties, and is compiled into this one document and now forms the collective agreement between the parties.

 

As agreed by the parties on the 19th day of April, 2007.
 

LETTER OF UNDERSTANDING

BETWEEN

DATACO UTILITY SERVICES LTD.
DATACO UTILITY SERVICES (CALGARY) LTD.
DATACO UTILITY SERVICES (RED DEER) LTD.

AND THE

UNITED UTILITY WORKERS’ ASSOCIATION
OF CANADA



CALGARY WEEKEND ON-CALL RATES
 

Effective March 15th 2006, all Calgary Service Technicians working weekend will receive a standby / on-call fee of $35.00 per day in addition to the current piece rate of $13.21 paid to weekend Service Technicians.

As agreed by the parties on the 3rd day of October, 2006.

LETTER OF UNDERSTANDING

BETWEEN

DATACO UTILITY SERVICES LTD.
DATACO UTILITY SERVICES (CALGARY) LTD.
DATACO UTILITY SERVICES (RED DEER) LTD.

AND THE

UNITED UTILITY WORKERS’ ASSOCIATION
OF CANADA

 

RATES: TRIPS TO OR FROM FIELD SERVICES
 

Effective December 12, 2006 all Calgary Service Technicians will receive 2.5 times the Financial C/O – no load limiter rate of $6.45 per trip to Field Services. The current rate of 2.5 times $6.45 for trips to Field Services will increase per negotiated increases and will be in effect until a new collective agreement is signed after the term of the existing collective agreement on December 31, 2007.
 

As agreed by the parties on the 12th day of December, 2006.