A G R E E M E N T

Effective January 1, 2008 to December 31, 2010

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
• Benefits
• Sub Metering Work for Ozz Electric

Memorandum of Agreement -- New!

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.

1. Seniority status with the Employer shall be preserved no longer than one (1) year from commencement date of absence.
    
2. In situations of LTD (long term disability), employees on LTD shall not lose seniority status nor will they accumulate seniority after an absence of one (1) year. Employee status shall be retained for a period of not more than two (2) years from the date of leave.

9.1 Lethbridge & Red Deer

1. Eight (8) hours shall constitute a regular workday and five (5) days shall constitute a regular work week. 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.

9.2 In Lethbridge and Red Deer 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 recognized holiday pay that does not work on a recognized holiday will receive the equivalent of eight hours regular pay.

10.5 Permanent part time and temporary employees shall receive recognized holiday pay based on an average of hours worked during the twelve (12) week period prior to the recognized holiday.

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. All vacation requests shall be submitted to the employer no later than March 15th of each year.

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

11.7 Vacation pay is not calculated on sick days, bereavement leave or recognized holidays.

11.8 For Calgary area employees only, vacation pay shall be reduced by twenty (20) percent, recognizing vehicle cost reduction.
 

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.
 

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.
 

1. Reimburse employees fifty dollars ($50) per month for use of personal cellular phones, or
    
2. Supply employees with a cellular phone for business use. Should an employee request the cellular phone for personal use a twenty five dollar ($25) per month charge will apply to them. This will apply up to five hundred (500) minutes per month. Minutes in excess of 500 hundred minutes per month will be charged to the employee at the rate of twenty (20) cents per minute. Personal long distance calls are allowed with the consent of the Employer. Abuse of this provision may result in the Employer withdrawing use of the company cell phone.

21.2 Temporary employees shall be supplied with a cell phone.
 

1. Employees in Lethbridge and Red Deer shall be paid two hundred and fifty dollars ($250.00) per month. This premium shall be paid to the employee not more than five (5) working days after the beginning of each month.
    
2. When Red Deer and Lethbridge Meter Readers are not working, their flat rate will be reduced by twelve dollars and fifty cents ($12.50) for each day absent (excluding Saturday and Sunday).

22.3 Day Reconnect and Disconnect Meter Readers in Red Deer and Lethbridge will be paid mileage in accordance with Article 22.1 of this Collective Agreement.

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. This premium shall be paid to the employee not more than five (5) working days after the beginning of each month.

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. When the price of gasoline exceeds $1.25 per litre each employee shall receive an additional two dollars and fifty cents ($2.50) per day. When the price of gasoline exceeds $1.35 per litre each employee shall receive an additional two dollars and fifty cents ($2.50) per day. This premium shall be paid to the employee not more than five (5) working days after the beginning of each month. The reporting tool to be used as a reference for setting the price of gasoline is the website www.mjervin.com.

22.6 For Calgary area employees; when there are less than four (4) crew members working on any day or night, the normal gas surcharge that each absent employee would receive if at work will be paid to the employee or employees that are utilized to compensate for the crew shortage.
In circumstances of night crew shortages the nightly on call rate will be paid in the above manner.
 

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 including trousers and shorts in accordance with the regulations stipulated by either the City of Lethbridge or the City of Red Deer, as applicable. Full time employees will receive an annual allowance of one hundred dollars ($100) for trousers and shorts. Part time employees shall receive an annual allowance of fifty dollars ($50) for trousers and shorts.

1. Service Technicians – Calgary

2. Electrician – Calgary

Effective Jan 1/08 $48.07 hr
 

3. Rush or emergency reconnects Calgary

Employees performing rush or emergency reconnects will be paid sixty five dollars ($65) for each rush or emergency reconnect performed in addition to regular wages.
 

26.2 Meter Readers – Lethbridge & Red Deer

26.3 Standby / On-Call – Calgary, Red Deer & Lethbridge

1. Calgary, Red Deer and Lethbridge employees who are on-call shall receive fifty dollars and thirty four cents ($50.34) 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 fifty dollars and thirty four cents ($50.34) per night. This rate shall be paid in addition to the piece rate per reconnect.

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 in Article 26.3 a).
    
2. Each crewmember will receive the agreed upon rate in Article 26.1 a) 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 ($2.09) 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 ____ day of April, 2008
 

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
 

All Calgary Service Technicians working weekend will receive a standby / on-call fee of $36.58 per day in addition to the current piece rate of $13.80 paid to weekend Service Technicians.

This Letter of Understanding shall be appended to and form part of the Collective Agreement and is subject to all conditions contained therein.

As agreed by the parties on the ____ day of April, 2008.

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
 

All Calgary Service Technicians will receive 2.5 times the Financial C/O – no load limiter rate of $6.91 per trip to Field Services. The current rate of 2.5 times $6.91 for trips to Field Services will increase per negotiated increases contained in the Collective Agreement.
 

This Letter of Understanding shall be appended to and form part of the Collective Agreement and is subject to all conditions contained therein.


As agreed by the parties on the ____ day of April, 2008.
 

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



BENEFITS
 

It is agreed that the Employer will immediately institute a comprehensive benefits package for employees that elect to belong to the plan which includes health, dental, prescription drugs, short term disability and long term disability plus any other benefit that is available under the current benefit package the Employer has with Manulife.

January 1, 2008 to December 31, 2008 the Employer shall subsidize the cost of the benefit plan by paying twenty percent (20%) of the total cost of the plan for each employee registered in the plan. Each individual employee will be responsible for the remaining cost.

January 1, 2009 to December 31, 2009 the Employer shall subsidize the cost of the benefit plan by paying forty percent (40%) of the total cost of the plan for each employee registered in the plan. Each individual employee will be responsible for the remaining cost.

January 1, 2010 to December 31, 2010 the Employer shall subsidize the cost of the benefit plan by paying sixty percent (60%) of the total cost of the plan for each employee registered in the plan. Each individual employee will be responsible for the remaining cost.

Application to join the benefit plan will be as follows:

• New employees will be subject to a three (3) month waiting period before applying for benefits. After the initial three (3) month period has elapsed the employee will be subject to a further three (3) month waiting period before receiving benefits.
• Current employees with more than three (3) months employment shall be eligible to make immediate application for benefits and subject to a three (3) month waiting period before receiving benefits.

This Letter of Understanding shall be appended to and form part of the Collective Agreement and is subject to all conditions contained therein.

As agreed by the parties on the ____ day of April, 2008.

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



SUB-METERING WORK FOR OZZ ELECTRIC
 

Employees performing sub-metering work for Ozz Electric in Edmonton, Alberta shall be paid he following:

• Meter technicians: $21.00 per hour
• Electricians: $52.00 per hour
• After 40 hrs worked shall be paid time and one half the above applicable rates.
• After 50 hours worked shall be paid double the above applicable rates.
• Shall be paid mileage costs of not less than forty-seven cents (.47) per kilometre.

• Shall be paid per diem for living expenses of not less than sixty dollars ($60) per day.

This Letter of Understanding shall be appended to and form part of the Collective Agreement and is subject to its terms and conditions.

As agreed by the parties on the ____ day of April, 2008.
 

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