A G R E E M E N T

Effective January 1, 2008 to December 31, 2010

Article 1 - Spirit of Agreement
Article 2 - Recognition
Article 3 - Association Relationships
Article 4 - Association Business
Article 5 - Management Functions
Article 6 - Grievances
Article 7 - Discipline, Resignations, and Terminations
Article 8 - Promotions, Transfers and Job Postings
Article 9 - Hours of Work
Article 10 - Overtime
Article 11 - Call-Outs
Article 12 - Standby
Article 13 - Vacation
Article 14 - Holidays
Article 15 - Expenses
Article 16 - Salaries, Rates of Pay and Other Payments
Article 17 - Job Evaluation
Article 18 - Maternity and Paternal Leave
Article 19 - Medical and Dental Appointments
Article 20 - Work Security
Article 21 - Termination of Agreement

2.1 Recognition

The Company recognizes the Association as the exclusive bargaining agent for all employees of the Company that come within the scope of the Association’s unit of Certification.

2.2 Permanent employee

A “Permanent Employee” is a Full-Time or Part-Time Employee who occupies a position permanently established by the Company and is subject to the Probationary Period in accordance with the Collective Agreement.

2.3 Term Employee

A “Term Employee” is a Full-Time or Part-Time Employee who occupies a position established by the Company for a specified duration of no more than two (2) years, unless otherwise agreed by the Association and the Company, and is subject to the Probationary Period in accordance with the Collective Agreement.

The term may be reduced for operational reasons provided the employee receives a minimum of two (2) weeks notice, unless a greater period of notice is required by legislation.

2.4 Temporary Employee

A “Temporary Employee” is a Full-Time or a Part-Time Employee who is hired as casual to perform emergency or other work on an irregular basis, or to perform work for a period of six (6) months or less. Temporary Employees are subject to the Probationary Period in accordance with the Collective Agreement.

Notwithstanding the above, Registered Apprenticeship Program (RAP) Students are not covered by this Collective Agreement.

2.5 Part-Time Employee

A “Part-Time Employee” is an employee that will work an aggregate of nine (9) months or less in each calendar year. This equates to 1,560 hours per year for Field and Contact Centre classifications, and 1,462.5 hours per year for Office classifications. The computation of aggregate part-time hours shall not include:

1. hours to provide coverage for medical purposes;
2. hours on or covering for Association business;
3. hours for training or covering for training purposes.

Part-Time Employees shall identify exceptions to the aggregate hours and communicate those exceptions to their direct supervisor. If it appears that a Part-Time Employee’s hours may exceed the aggregate of nine (9) months in a calendar year, the Company shall notify the Association. The Company and the Association share the responsibility to create a mutually acceptable arrangement.

2.6 Probationary Period

The first six (6) months worked by a Permanent, Term, or Temporary Employee shall be a Probationary Period. An employee may be terminated at the Company’s discretion at any time during the Probationary Period. The employee’s progress shall be reviewed and discussed with the employee within the first four (4) months of employment.

2.7 Policies and Procedures

The Company shall provide the Association with copies of all Policies and Procedures that affect employees covered by this Agreement.

2.8 Interpretation

Wherever the singular is used throughout this Agreement, the same shall be construed as meaning the plural where the context or the parties so require.
 

3.1 Dues Deduction as a Condition of Employment

As a condition of employment, all employees shall pay to the Association, on each pay period, an amount equal to the established dues.

3.2 Dues Report and Remittance

1. The dues referred to in Clause 3.1 and other levies and assessments, shall be deducted from the employee’s salary and remitted to the Association within fifteen (15) days following the deduction, accompanied by a list of employees from whom the deductions have been made. The list shall include the employee’s name, number, payroll date, base salary, dues amount and adjustment amount, as shown by the Company records.
    
2. Headcount List
   The Company shall provide the Association with the Headcount List within fifteen (15) days following the dues deduction. The List shall include the employee’s number, employee name, position title, status, cost centre, department, name of supervisor, employee’s work location and address, work telephone number, home address, home telephone number, pay scale, level, hours, and employment date.
    
3. Employee Change List
   The Company shall provide the Association with an Employee Change List the first week of each month with information for the previous month. The List shall include the action, Company code, employee name, date of action, reason, position code, position title, current salary, previous salary, cost centre, organizational unit, personnel sub area, and employee subgroup.

3.3 Dues Payment and Membership

The payment of dues does not require the employee to become a member. Should an employee’s membership be refused or revoked by the Association, the employee’s continued employment shall not be affected.

3.4 Liability

The Company shall not be liable for any claims that may be made against the Company for amounts deducted in accordance with the above.

3.5 Association Membership

The Company shall not discriminate against any employee because of the employee’s connection with the Association, or the employee’s activities related thereto which are permitted by the Company, sanctioned by the terms of the Collective Agreement or are in accordance with those rights and privileges defined in the Employment Standards Code and the Labour Relations Code, nor shall the Association discriminate against any employee because of the employee’s non-membership in the Association.

3.6 No Work Stoppages

During the life of this Agreement, the Company shall not cause or direct any lockout of its employees, nor shall the Association cause, permit, or in any way encourage employees to participate in any strike, walkout, slowdown or suspension of work.

3.7 Introduction to Association Representative

When a new employee is hired, the Company will advise the employee that there is a collective agreement in effect and introduce the employee to the local Association Representative.

The Company will also provide the Association Representative an opportunity to meet with the new employee, to welcome them to the Association and to familiarize the employee with the Collective Agreement and the Association. The meeting would normally not exceed one-half (1/2) hour.

3.8 Bulletin Boards

The Company will provide access to bulletin boards and a specified location on the Company’s intranet, suitable for the posting of Association material and will permit such material to be posted. Material deemed suitable for posting shall be notices concerning elections, meetings, reports, and other official Association business, or notices of recreational and social activities. Any disputes regarding the appropriateness of the material posted will be referred to the Business Manager and the Director, Human Resources, or designate(s) for discussion and resolution.

These methods shall not serve to reduce or replace any existing methods of communication or information distribution within the Company.

3.9 Collective Agreements

The Company will arrange and pay for the printing and distributing of collective agreements to the Association and all bargaining unit employees, in a format and process agreed to by the Company and the Association.

3.10 Collective Agreement Familiarization

After signing the Collective Agreement, the Company agrees to hold meetings with Supervisors and Association representatives to present the terms and interpretation of the new Agreement. The Association Business Manager, or designate(s), shall attend all such meetings.
 

4.2 Maximum Time Off For Association Business

Where the Association requests time off for representatives to attend to the affairs of the Association, unrelated to the Company, the Company shall not unreasonably deny such requests, to a combined maximum of 60 workdays per year. The employee shall be kept whole for all wages and entitlement. The Company will invoice the Association for the employee’s wages.

4.3 Bargaining Committee

Up to seven (7) members of the Association Bargaining Committee, who are employees of the Company, shall receive their normal basic rate of pay while traveling to, and attending a negotiating meeting with the Company. As far as practicable, all meetings between the Company and the Association will be held during working hours. No employee shall suffer loss of straight time pay by reason of attending such meetings.

4.4 Leave of Absence For Full-Time Elected Positions

An employee who has been elected to a full-time office of the Association shall be entitled to leave of absence without pay for the period during which they are elected to hold office. Where an employee ceases to hold such office, they shall be entitled to return to their previous or equivalent position within the bargaining unit that is in line with the skills the employee holds at the time of their return, provided the employee’s leave does not extend beyond four (4) consecutive years.

4.5 Labour Relations Training Fund

The Company will make available in each calendar year, a maximum of $25,000.00 for labour relations education and training for members of the bargaining unit.

The Company shall commit part or all of these funds towards specific programs only upon written request from the Business Manager to the appropriate Company official.

Actual disbursements of the funds shall be made only when Association requests are substantiated by invoices. It is understood that funds not used during the calendar year will not carry forward to the next calendar year.

See Letter of Understanding - Training Fund Disbursement.
 

The Association recognizes the right of the Company to hire, promote, demote, layoff, classify and transfer in accordance with the terms of the Agreement. The Association further recognizes the right of the Company to demote, discipline, suspend and discharge employees for cause. In cases of demotion, discipline, suspension and discharge, the employee, if the employee so desires, may request the Association to review the action taken by the Company.

5.2 Management Rights - Business

The Association further recognizes the right of the Company to operate and manage its business in all respects in accordance with its commitments and responsibilities. In particular, without restricting the generality of the foregoing, the Association agrees that the Company has the sole authority and is exclusively responsible for assigning and scheduling of work; determining the number of employees needed at any time in any classification and in any section, department or plant; directing its working forces except to the extent that these rights have been specifically limited by this Agreement. The Company also has the right to make and alter from time to time rules and regulations to be observed by the employees. Such rules and regulations shall not be inconsistent with the terms of this Agreement.
 

6.1 Grievance and Arbitration

Any difference concerning the interpretation, application, or administration or alleged violation of the provisions of this Agreement shall be dealt with in the following manner:

Step One
An employee who feels they have a grievance shall discuss the matter with their Supervisor, or in the case of a selection grievance, with the hiring Supervisor. The matter should be raised without undue delay, but in any event should be raised within thirty (30) calendar days of knowledge of the event giving rise to the dispute. An Association Representative shall be present for this meeting unless the grievor requests that the Representative not attend. The Supervisor shall reply within two (2) working days of the meeting.

Step Two
Failing satisfactory settlement at step one, the Association may submit the grievance in writing to the Department Head who shall arrange a meeting with the Association Representative. The Department Head shall reply within five (5) workings days of the meeting.

Step Three
Failing satisfactory settlement at step two, the Association may submit the grievance to the Director of Human Resources and Corporate Communications who shall arrange a meeting with the Association Representative. The Director shall reply within five (5) working days of the meeting.

Step Four
Failing satisfactory settlement at step three, the Association may refer the grievance to arbitration by serving notice to the Company. Notice to arbitrate must be filed with the Company within thirty (30) working days following the decision from step three.

By mutual agreement, any step may be bypassed, or any expressed time limit waived.

Arbitration Procedure
The parties shall discuss the appointment of a sole Arbitrator or panel. Where no agreement is reached, the matter shall be heard by a three (3) member Arbitration Board. Each party shall advise the other in writing of their appointee to the Board, and the appointees shall appoint a third person who shall be the chairperson.

In the event that either party fails to identify its appointee, or the appointees fail to agree on a chairperson, then either party may request that the appropriate government Minister make the necessary appointments.

The Arbitration Board or sole Arbitrator shall hear and determine the difference and shall issue an award, in writing. The award of the majority is the award of the Arbitration Board, but if there is no majority, the decision of the chairperson governs and shall be deemed to be the award of the Board. The decision of the Board or sole Arbitrator is final and binding upon the parties and upon any employee affected by it. The decision shall not alter, amend, or change the terms of this Agreement.

Each party shall bear the expense of its nominee to the Arbitration Board. The fees and expenses of the chairperson or sole Arbitrator shall be borne equally by the parties to the dispute.

7.1 Resignation - Notice

A Permanent Employee who wishes to resign shall give two (2) weeks’ notice in writing to the employee’s Supervisor or Department Head.

7.2 Job Abandonment

An employee who fails to report for duty for the lesser of:
 

1. five (5) consecutive scheduled shifts
   
   or
    
2. fourteen (14) calendar days
   
   without informing their Supervisor of the reason, without justifiable reason, for their absence will be deemed to have resigned from the Company.

7.3 Discipline and Discharge

Employees shall not be disciplined or discharged except for just cause.

7.4 Association Representative

The Company must identify the purpose of a meeting prior to its commencement. Employees have the right to have an Association Representative present at any meeting that is disciplinary in nature.

7.5 Notice of Discipline

In situations where employees are formally disciplined, the Supervisor shall give the employee notice in writing as to the reason(s) for such action, with a copy sent to the Association.

7.6 Disciplinary Record

After twenty-four (24) months, the Company shall automatically remove the Disciplinary Record from the employee’s file and shall not refer to it or use it against the employee.

7.7 Notice of Layoffs

In the event of a permanent work force reduction of employees covered by this Collective Agreement, the Company shall, where practical, give the Association not less than eight (8) weeks advance notice or statutory notice, whichever is greater, for such change or closure.

Upon such notice, the Company will meet with the Association to discuss the impact of the change on the employees affected. The Company agrees to cooperate with the Association in considering alternatives to mitigate the effects of the proposed layoffs.

7.8 Layoff Order

In the event of a layoff of employees, the layoff shall be conducted on the basis of seniority and overall job performance.

7.9 Severance Due To Layoffs

When the Company wishes to terminate the services of a Permanent Employee due to layoff, such employee shall be given one month notice, or pay in lieu of notice, except when the employee is discharged for just cause. The Company commits to providing severance pay that would be no less than what ‘common law’ would provide. This is not applicable when an employee is discharged for Just Cause.
 

8.1 Selection

The Company agrees to fill vacancies from Permanent Employees and then from Term Employees, whenever qualified personnel are available, subject to the following provisions:

In all promotions, voluntary demotions and transfers, the Company shall award the position based on qualifications, ability, job performance and seniority.

Applicants being considered may be subject to such additional tests or examinations as the Company may require and are relevant.

8.2 Transfer of Employees

The Company shall not necessarily be obliged to consider the transfer of any employee with less than one (1) year of service with the employee’s present accountabilities. This restriction shall not apply in cases of promotion.

The Company shall not necessarily be obliged to consider the transfer, including promotion, of Apprentice Power Line Technicians with less than three (3) years of service in their current service point.

8.3 Postings and Selection

All vacancies shall be posted. Notice shall be placed in a common and accessible location for employees to see and shall be posted for not less than ten (10) working days prior to the close of the posting. No more than two (2) postings shall be required in any one (1) sequence with the exception that all work leader positions will be posted.

The hiring of Temporary Employees shall not require a job posting.

All postings shall include the job title, location and pay scale.

All applicants shall be notified of the results of the job posting within thirty (30) days of the selection and acceptance of the successful candidate. Notification of the successful candidate will be in writing, and the Association will be copied.

Under normal circumstances, the time taken for placement of the successful applicant into a new role shall not exceed thirty (30) working days. However, where circumstances require more time to transition to the new role, the Company will notify the employee of the expected date that they are to start their new role within five (5) working days from when they accept the position. Where the Company is unable to release the employee on the said date, their pay rate will be adjusted to the rate of the new position as if the employee had been assigned to the new role. In any event, the employee shall be released no later than forty-five (45) working days without the approval of the Association.

Any employee who submitted a bid on a posted position and whose application was not successful shall upon the employee’s request be given the reason for not being selected.

8.4 Change in Pay Level – Not a Vacancy

It is agreed that a change in Pay Level for any position does not constitute a vacancy unless there is a change of incumbent.

8.5 Promotion Pay Increase

1. When a promotion occurs, the employee concerned shall be placed in that position within the employee’s new pay level which reflects an increase in pay which shall be no less than one (1) step in the level from which the employee was promoted or to the bottom of the new pay level, whichever is the greater.
   
   Example 1:
   Employee is currently at Level B3, Step 5 moving to Level B4 position.
   Employee would be moved from Level B3, Step 5 to B3, Step 6. The pay rate from this move would be used to place them into level B4 at the closest higher rate to B3, Step 6.
   
   Example 2:
   Employee is currently at Level B3, Step 7 (highest Step in this Level) moving to Level B4 position.
   B3 Step 7 minus (-) B3 Step 6 = difference. Add this difference to B3, Step 7 rate and the result is the new rate to be applied at the next highest rate in B4.
    
2. On any promotion in the same pay schedule (a) above shall be adjusted as required so that no promoted employee shall receive less than the employee’s immediate subordinate and subject to Clause 16.2 the employee shall not be held at the same rate as the employee’s subordinate for more than six (6) months.
    
3. A Part-Time Employee’s change in status to Full-Time, in the same position, shall not be a promotion under this clause.

The hours of work stated in this Article shall not be construed as a guarantee of any minimum nor as a restriction on any maximum hours to be worked, but serves only as a basis for the calculation of overtime and establishing work schedules.

9.1

1. Office Staff – General (37.5 hours per week)
   
   Applies to all positions, except as identified elsewhere in this article, where the primary work location is in an office. See Classifications List.

1. Seven (7) hours and fifty-five (55) minutes shall constitute a regular work day and five (5) days shall constitute a regular work week. A Monday or Friday off per month shall be designated by the Company for each employee (ERD – Earned Rest Day).
    
2. Normal office hours shall be from 7:35 a.m. to 4:30 p.m. Monday through Friday with one (1) hour off for lunch. If mutually agreeable between the Company and an employee, or by five (5) days written notice by the Company, normal starting time may be changed providing the regular hours of work occur between 6:00 a.m. and 5:30 p.m. If mutually agreeable between the Company and an employee, the duration of the lunch period may be varied by up to one-half (1/2) hour.
   

2. Office Staff – Contact Centre and Dispatch (40 hours per week)
   
   Applies to Contact Agents, Lead Contact Agents, Real Time Manager, Dispatchers and Senior Dispatchers.

1. The Dispatch/Contact Centre will operate with the varied shifts required, as scheduled by the Company. It is understood that the Dispatch/Contact Centre may operate on a 24-hour basis, seven (7) days per week, 365 days per year, as determined by the Company. It is understood that Saturday and Sunday are considered regular work days for all employees.
    
2. Contact Centre - Five Day Per Week Employees
   
   Eight (8) hours and thirty (30) minutes shall constitute a regular work day and five (5) days shall constitute a regular work week, unless otherwise indicated. One (1) day off per month, consecutive with the regular two (2) days off, shall be designated by the Company for each employee working this schedule (ERD – Earned Rest Day).
    
3. Dispatch – Five Day Per Week Employees

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

4. Three Day Per Week Employees (Weekend Shifts)

   Employees regularly working a weekly schedule of three (3) – twelve (12) hour shifts shall be considered Full-Time Employees whose regular work week shall be thirty-six (36) hours per week. There is no intent by the Company to schedule such employees more than thirty-six (36) hours per week.
    

5. Consecutive Days Off

   The Company agrees to schedule full-time employees, during each four (4) week period, at least two (2) sets of at least two (2) consecutive days off, one of which shall result in three (3) consecutive days off as per Clause 9.1 b.2.i.
    

6. Shift Trading
   
   Employees may give away scheduled shifts. The shift giveaway must be documented and submitted by the employee originally scheduled for the shift, and approved by the employee’s supervisor or designate.

If mutually agreeable between the Company and the employee, another work day may be substituted for the designated day off (ERD).


9.2 Field Staff – General (40 hours per week / 80 hours biweekly)

Applies to all Field Staff, except as identified elsewhere in this article, where the primary work location is outside an office. See Classifications List.

Regular hours of work for nine (9) hour days shall be 7:00 a.m. to 4:30 p.m., with a one-half (1/2) hour off for lunch. If mutually agreeable between the Company and an employee, or by five (5) days written notice by the Company, normal starting time may be changed provided the regular hours of work occur between 7:00 a.m. and 5:30 p.m.

Regular hours of work for eight (8) hour days shall be 7:00 a.m. to 3:30 p.m., with a one-half (1/2) hour off for lunch. If mutually agreeable between the Company and an employee, or by five (5) days written notice by the Company, normal starting time may be changed provided the regular hours of work occur between 7:00 a.m. and 4:30 p.m.
 

Week 1	Four (4) nine (9) hour days Monday through Thursday; and one (1) eight (8) hour day on Friday.
Week 2	Four (4) nine (9) hour days Monday through Thursday or Tuesday through Friday and an unpaid scheduled day off.
Note: Weeks 1 and 2 shall fall within the same pay period.

9.3 Acheson Service Centre

Applies to all employees working in the Acheson Service Centre - Warehouse and Reconditioning Shops.

Duration of Peak Work Periods
The Peak Work Period shall normally be considered as May 1 to October 31. The Company may extend or reduce the Peak Work Period by giving one (1) months’ advance written notice when revising the start date and one (1) months’ advance written notice when revising the end date.

1. Peak Work Periods

1. During Peak Work Periods, eight (8) hours and thirty (30) minutes shall constitute a regular workday or shift and five (5) days or shifts shall constitute a regular workweek, Monday through Friday. A Monday or Friday off per month shall be designated by the Company for each employee (ERD – Earned Rest Day). Hours shall be Monday to Friday, and occur between the hours of 6:00 a.m. to 12:30 a.m. the following day. A one-half (1/2) hour unpaid meal period will be provided.
    

2. Prior to the start of the Peak Work Period, the Company, affected employees and Association will mutually agree on a schedule of shifts. If mutual agreement is not reached prior to the start of the Peak Work Period or if there ceases to be mutual agreement during the Peak Work Period, the Company shall schedule and post shifts in accordance with point 3 below.
    

3. During Peak Work Periods, shifts shall be scheduled and posted by the Company. Shifts shall be as follows:
    

   Day Shift	-	considered as a shift that commences between the hours of 6:00 a.m. and 8:00 a.m. inclusive.
   Evening Shift	-	considered as a shift that commences between the hours of 3:00 p.m. and 5:00 p.m. inclusive.

2. Non-Peak Work Periods

1. During Non-Peak Work Periods, eight (8) hours and thirty (30) minutes shall constitute a regular workday and five (5) days shall constitute a regular workweek. Each month, a Monday or Friday off for each employee shall be designated by the Company (ERD – Earned Rest Day).
    

2. Hours shall be from 7:30 a.m. to 5:00 p.m., Monday to Friday with one (1) hour off for lunch. It is agreed that on five (5) days written notice the Company may change the starting time providing the regular hours of work occur between 6:30 a.m. and 5:30 p.m. If mutually agreeable between the Company and an employee, the duration of the lunch period may be varied to up to one-half (1/2) hour.

3. If mutually agreeable between the Company and the employee, another workday may be substituted for the designated day off (ERD).

9.4 Part-Time Employees

Given the Company need for flexibility in scheduling Part-Time Employees to get the work done, hours of work for individual Part-Time Employees may vary.

Prior to January 1 of each calendar year, supervisors and individual Part-Time Employees shall hold a conversation to reach general agreement on the hours to be worked over the coming twelve (12) month period. Such agreement shall not be construed as a guarantee of any minimum nor as a restriction to any maximum hours to be worked.

Working hours and lunch periods will be aligned with those of the Full-Time Employees in the same work unit.
 

1. The Company and the Association consider safety to be of paramount importance. An employee may be required to work extended hours and must be provided with the necessary rest break to complete the work safely. If an employee requires a rest break, the employee shall notify the supervisor in advance so alternate arrangements can be made.
    
2. Employees shall not be required to work more than sixteen (16) continuous hours, or more than sixteen (16) cumulative hours in a twenty-four (24) hour period, however there may be times when an employee may work a maximum of eighteen (18) hours. If an employee is required to work extended hours, they must track their time and advise the supervisor in charge before working more than sixteen (16) hours. In situations where an employee is required to work more than sixteen (16) hours, the Company shall ensure there is a second qualified employee at the job site. The Supervisor is responsible for ensuring replacement employees complete the work, or rescheduling the work for a later date.
    
3. The Supervisor shall grant sufficient time for an employee, who has worked sixteen (16) or more hours, to rest so that the employee can work in a safe manner. The employee must receive a minimum of eight (8) consecutive hours rest.
    
1. An employee relieved from duty shall be paid at the employee’s regular rate of pay for the employee’s regular hours of work which fall within the prescribed period of rest.
    
2. An employee who is required to work overtime during the period between two (2) and eight (8) hours prior to the start of their regular shift, shall be paid at double the employee’s regular rate of pay until the employee is relieved for an eight (8) hour Period of Rest. If an employee’s subsequent period of rest is interrupted, they shall be paid at the overtime rate until the employee is relieved for an eight (8) hour period of rest.
    
3. If, as a result of the period of rest falling within the employee’s regular shift, an employee is required to report to work for two (2) hours or less of their regular shift, then that employee shall be required to report for work only if the Company requires the employee to work overtime after their regular shift. Otherwise, the employee will not be required to report for their regular shift but shall be paid the straight time rate for the two (2) hours or less remaining in their regular shift.

10.4 Travel For Training

10.5 Banked Overtime

An employee may choose to bank any portion of their overtime hours.

1. An employee may have no more than the equivalent of forty (40) overtime hours (80 regular hours) in their bank at any given time.
    
2. An employee may request that any portion of their Banked Overtime be paid out on a regular pay date in accordance with established payroll deadlines.
    
3. Any hours banked and not taken prior to December 31st in any year shall be paid out to the employee at the rate at which the hours were banked.
    
4. Supervisory approval is required to schedule Banked Overtime as time off, and the taking of such time will not result in any additional cost to the Company. Such approval shall not be unreasonably withheld.

Employees called out for emergency and maintenance work following their normal work day or shift and after they have left the Company workplace, including Company owned and rented vehicles, shall be paid a minimum of two (2) hours at the applicable overtime rate subject to the provisions of Clause 10.1.

11.2 Callout Pay - Before Normal Work Day

Employees called out during the two (2) hours preceding the commencement of their normal work day or shift shall be paid at their applicable overtime rate for the time worked and the time remaining until the start of their work day or shift.

11.3 Callout Pay - Scheduled Days Off

Employees called out for work on scheduled days off and Company recognized Holidays shall be paid a minimum of two (2) hours at two (2) times the basic hourly rate.

11.4 Callout Pay – Employees on Standby

Employees on standby shall be paid for callouts on the same basis as employees not on standby.

11.5 Callout - Length of Duty and Multiple Callouts

Where employees are called out for work, they are deemed to be on duty for the specified minimum period or until the work for which they have been called out is completed, whichever is the longer period. Further calls received during this period shall be considered a continuation of the initial callout and shall not be subject to minimum callout pay.
 

Employees shall receive standby pay only when on scheduled standby or when specifically requested to perform standby duties.

12.2 Standby Rate

Employees who are requested to standby at their headquarters or work location shall receive the equivalent of the top Journeyman Power Line Technician hourly rate per day for each scheduled work day and the equivalent of twice the top Journeyman Power Line Technician hourly rate per day on scheduled days off, and Company recognized holidays, plus applicable overtime rate for all call-outs.

13.1 Vacation Entitlement

Temporary Employees shall receive vacation pay on each pay cheque. Full-Time Employees shall earn vacation with pay at an accrual rate as follows:

Vacation Entitlement shall be equal to the number of vacation days multiplied by the hours as applicable:

1. Office Staff: vacation days x 7.5 hours;
2. Office Staff – Contact Centre and Dispatch: vacation days x 8 hours;
3. Field Staff: vacation days x 8 hours.

14.1 Holidays and Holiday Pay

1. The following days will be recognized as paid Holidays:

15.1 Reasonable Expenses

The payment of expenses to employees is made upon the principle that employees should be reimbursed for reasonable ‘out of pocket’ expenses so incurred. It is considered that employees should neither lose nor profit from expense allowances. This principle shall be followed in dealing with questions that may arise in connection with expenses.

15.2 Travel Expenses

While working away from headquarters, employees shall be reimbursed for actual expenses of board and lodging. Rooms, as required, shall be arranged for by the employee in charge.

15.3 Noon Meals

While working at or out of headquarters (generally within an eight (8) kilometer (five (5) mile) radius or ten (10) minutes one way travel time from permanent headquarters), employees shall normally provide their own noon meals.

If an employee is working beyond the guide limits stated above, the employee shall, with the approval of his or her supervisor, be reimbursed for the actual cost of the restaurant meal purchased.

This clause does not apply to employees on the L pay scale.

15.4 Transportation

Transportation between headquarters and the job shall be arranged by the Company.

15.5 Kilometer Allowance

Effective February 10, 2006, employees who are authorized to use their personal vehicle while on Company business, shall be reimbursed at a rate of forty-four cents ($0.44) per kilometer, or the Corporate rate, whichever is greater.

15.6 Transfer Expenses

Transfer Expenses shall be paid in accordance with Attachments 1 and 2 at the back of this Agreement.

15.7 Incidental Expenses

Effective January 1, 2008, any employee who is required to work away from the employee’s headquarters shall be paid Incidental Expenses of eight dollars ($8.00) per night for all such nights away from headquarters. Incidental Expenses shall not be paid while the employee is attending formal training classes.

15.8 Protective Clothing and Footwear

This clause applies to those employees who are not covered under the terms of the Letter of Understanding regarding FR Work Wear & Safety Footwear.

1. Employees whose work is damaging or destructive to clothing shall be provided with coveralls/overalls or smocks/aprons, as appropriate. Employees will initially be issued one pair of coveralls/overalls or one smock/apron. Approval for all replacements will be the responsibility of the immediate Supervisor, based on evidence that the previous item requires replacement.
    
2. Employees working in warehouse or yard environments, who are required to work outdoors, shall be provided with one (1) winter jacket every four (4) years, or sooner if the Supervisor deems the jacket needs to be replaced. Rain wear will be available on-site for use.
    
3. Employees who are required to wear safety footwear shall be reimbursed for the cost of such footwear to a maximum of two hundred dollars ($200.00) each year.

16.1 Wages and Pay Schedules

During the life of this Agreement, the Company agrees to pay the rates in the Pay Schedules which are attached and the Association agrees to the principle of a full day’s work for a full day’s pay.

16.2 Scheduled Step Increases

Scheduled increases are intended to be paid for satisfactory progress. The interval from one step to the next shall be six (6) months. In the event that an employee is not making satisfactory progress, one (1) or more step increases may be withheld, provided the performance gap has been formally discussed with the employee concerned and sufficient time has been given to the employee to improve. In the event a progression step is withheld, the Association will be notified in writing of the reason for withholding such increases. Should the employee fail to give satisfactory service following the withholding of an increase, the employee may be demoted, or discharged at the discretion of the Company, subject to the provisions of Articles 6 and 7 of this Agreement.

16.3 Higher Classification/ Temporary Work Leader

An employee temporarily assigned to a position of higher classification, or as a temporary work leader shall, from the first day, be paid at the next higher pay rate applicable to the new classification. Determination of pay placement shall be in accordance with 8.5, Promotion Pay Increase.

The opportunity to work as a temporary work leader shall be made available to qualified employees, and the selection shall be at the discretion of the Company.

16.4 Temporary and Acting Assignments

Temporary assignments shall not exceed twelve (12) months without the written agreement of the Association.

Management shall canvass for volunteers and shall ensure equal opportunity for qualified volunteers. No employee shall be required to accept a temporary assignment for which they have not volunteered.

The Company may restrict the canvass to the department or location where the temporary assignment exists.

Any vacancy created, by a Permanent Employee moving into a temporary assignment, shall not be filled on a permanent basis. Upon completion of a temporary assignment, the employee shall be returned to their previous position.

Should a temporary position become permanent, it shall be posted and filled in accordance with the job posting process.

16.5 Acting Assignments Outside of the Bargaining Unit

Employees assigned to positions outside of the bargaining unit, will receive a premium of 5% of their base hourly rate. This premium will not be included with the base hourly rate in computing overtime or other premium pay.

An employee on an acting assignment shall remain a member of the bargaining unit.

16.6 Pay Protection

No employee shall be required to take a lesser rate of pay when assigned at the Company’s request to temporarily perform the duties of another employee or position. The foregoing shall not be construed as applying to demotion for just cause.

16.7 Shift Differential

Effective January 1, 2008, employees scheduled to work evening, or night shifts, shall receive, in addition to regular pay, one dollar and seventy-five cents ($1.75) per hour for each evening or night shift worked.

Contact Centre and Dispatch Groups
Effective January 1, 2008, employees scheduled to work between 9:00 pm and 6:00 am, shall receive in addition to regular pay, one dollar and seventy-five cents ($1.75) per hour for all hours worked between 9:00 pm and 6:00 am.

Effective January 1, 2009, both of the above rates shall increase to one dollar and eighty-five cents ($1.85).

Effective January 1, 2010, both of the above rates shall increase to one dollar and ninety five cents ($1.95).

16.8 Pyramiding

If two (2) or more premiums are applicable to the same hours worked, an employee shall receive only the highest premium applicable to such hours. For the same hours worked, an employee shall not receive a premium rate under more than one (1) provision of this Agreement unless otherwise specifically provided.

16.9 Height Premium

An employee who is required to work at or above a height of twenty-four and four tenths (24.4) meters [eighty (80) feet] free fall above ground level will receive, in addition to their regular rate of pay, a premium of one (1) times their normal straight time rate while so engaged. Premium height pay will be paid for each hour or part of an hour so worked. The provision of Clause 16.8 shall not apply to height pay premium.

16.10 Sick Pay

Sick Pay will be in accordance with the provisions of the “Group Salary Continuance Plan” in effect throughout the Company.

17.1 Job Evaluation System

Bargaining unit positions shall be evaluated in accordance with the existing job evaluation system, unless the Company and the Association mutually agree to implement a new system or change the existing system.

17.2 Training in Job Evaluation

The Company shall provide the necessary training in job evaluation to a representative as appointed by the Association.

17.3 Job Description Requests

Upon request, employees, or the Association, shall be provided with a current job description for their position or in the case of the Association any position within the bargaining unit.

17.4 New Job Classifications

When new job classifications are established, or existing jobs re-evaluated, the Company shall work with the Association’s designate to collect appropriate data to establish and implement the wage rate. The Company shall notify the Association within 14 days of the classification being established.

17.5 Job Evaluation Process

When significant changes are effected to existing job classifications to the extent that the job requires re-evaluation, or the job is re-evaluated as a result of the job evaluation maintenance program, the following procedure shall be followed:

1. Where, in the opinion of the Association, a job classification requires re-evaluation, it shall request the Company to proceed with re-evaluation and the Company shall do so within one hundred and twenty (120) days. Upon completion of any evaluation, the Company shall promptly inform the Association of any changes arising there from.
    
2. Should a request for re-evaluation, resulting from changes in job content be initiated by an employee, or by the Association on the employee’s behalf, and the re-evaluation results in a reclassification to a higher pay level, the reclassification shall be retroactive to the date the Company received the “Request for Review” application.
    
3. When the Company initiates a re-evaluation of a job and the re-evaluation results in reclassification to a higher pay level as a result of changes in job content, the reclassification shall be retroactive to the date the employee returns the updated job description to the Company after receiving the “Notification of Review” letter.

17.6 Job Evaluation Dispute Resolution

Should a dispute arise between the Association and the Company regarding a job evaluation, a Board of four (4) persons shall be established, within ten (10) working days of receipt by the Company, of the Association’s notice of appeal to attempt to resolve the dispute. Two (2) representatives will be appointed by the Company and two (2) representatives will be appointed by the Association, each of the four (4) persons having one (1) equal vote. It is understood that a Job Evaluation Analyst and the Association’s Job evaluation appointee, will be on the Board. Every effort should be made to resolve the dispute within ten (10) working days of the Board’s appointment. In the event that the dispute remains unresolved, the following method of settlement shall be adopted:

The Company and the Association shall submit the dispute jointly to two (2) appointees qualified in wage determination and administration, one (1) appointed by the Company and the other by the Association. Such appointees shall meet and hear all pertinent matters and render a decision within fourteen (14) days of their first meeting. In the event that the appointees cannot reach unanimity in their decision, they may appoint a third party of similar qualifications to act as Chairman, such party to be experienced in the field of job evaluation. The unanimous decision of the first two (2) appointees, or a majority decision of the three (3) appointees, shall be final and binding upon both parties.

17.7 Tentative Rating

When a job classification has been evaluated and assigned a tentative rating, the classification shall be reviewed and a rating confirmed within twelve (12) months, provided the classification has been filled by the same employee.

18.1 Leave Preceding Delivery Date

A pregnant employee will be entitled to maternity leave without pay consisting of a period not exceeding fifteen (15) weeks starting at any time during the twelve (12) weeks immediately preceding the estimated date of delivery.

18.2 Notice of Maternity Leave

The pregnant employee shall give the Company two (2) weeks’ notice in writing of the day upon which she intends to commence maternity leave and, if requested, provide a medical certificate certifying that she is pregnant and the estimated date of delivery.

18.3 Minimum Maternity Leave

An employee on maternity leave must take a period of leave at least six (6) weeks immediately following the date of delivery, unless the employee and the Company agree to shorten the period. In such cases, the employee shall provide the Company with a medical certificate indicating that resumption of work will not endanger her health.

18.4 Leave of Absence

The Company shall grant an employee a leave of absence without pay for a maximum of thirty-seven (37) weeks:

1. immediately following the last day of maternity leave;
    
2. or, a period of not more than thirty-seven (37) consecutive weeks within fifty-two (52) weeks after the child’s birth;
    
3. and, in the case of an adoptive parent, a period of not more than thirty-seven (37) consecutive weeks within fifty-two (52) weeks after the child is placed with the adoptive parent for the purpose of adoption.

18.5 Parental Leave Entitlement

An employee’s entitlement to parental leave for the purposes of adoption is conditional on having at least twelve (12) months of continuous service immediately preceding the estimated adoption date.

18.6 Leave When Both Parents Are Employed by the Company

Where both prospective parents are employees of the Company and they intend to share parental leave, they must advise the Company of their intention.

18.7 Adoption

Prior to the adoption, the employee shall notify the Company in writing of their intent to adopt, giving the estimated adoption date unless:

1. the medical condition of the birth mother or child makes it impossible to comply with this requirement;
    
2. the date of the child’s placement with the adoptive parent was not foreseeable.

18.8 Return to Work Notice

An employee who wishes to resume employment upon the expiration of maternity or parental leave shall give the Company two (2) weeks’ notice in writing of the day on which the employee intends to resume employment.

18.9 Reinstatement Upon Return to Work

The Company will reinstate the employee in the position they occupied at the time maternity or parental leave commenced or provide the employee with alternative work of a comparable nature at not less than the earnings and other benefits that had accrued to the employee when the maternity or parental leave started.

18.10 Benefits During Leave

During maternity and parental leave, the Company will make premium contributions to continue coverage based on the employees benefit selection and the employee will be required to pay any contribution based on their benefit selection that is over and above the plan credits prior to commencing their leave. Upon reinstatement, the employee will be given full credit for seniority that had accrued to the date that the employee commenced maternity and parental leave.

Employees shall make every effort to schedule medical and dental appointments outside of working hours. Where this is not reasonably possible, appointments should be made so as to minimize absence from work. Employees shall notify their supervisor of such appointments as far in advance as possible. Such required absences shall be paid except where such absences are frequent or extended, in which case the employee will make up the time, take the leave without pay, use vacation credits, or use banked overtime.

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20.1 Protection of Rights and Employment

Performance of work for the Company by contractors will not serve to alter any right under the terms of this Agreement, nor cause the direct layoff of any employee, provided they have the necessary skills to replace the contractor.

20.2 Hiring Contractors

In addition to the right of the Company to contract out, contractors may be hired to perform work that otherwise might be considered to fall under the scope of the Association in the following circumstances:

1. When the work required to be performed is to cover peak workloads when sufficient resources are not available; or to replace internal resources when they are completing special assignments; or of a short term nature; or
    
2. When the skills required are considered special and not available internally or not available for individual hire in the employment market or when not required on a permanent basis.

The intent of the following transfer expense enhancements is to support the career choice of staff while strengthening our capacity to do business. The enhancements are effective January 1, 2008 to December 31, 2010. Either the Company or the Association can cancel this arrangement by serving two (2) weeks notice to the other. In that event, the Company and the Association would share responsibility to create a mutually acceptable alternative.

PART 1

When an employee is transferred at the request of the Company or is transferred as a result of being the successful bidder for a posted job, the following shall apply, provided the employee moves within one (1) year from the date of transfer and the position bid to is assessed by the Company to add value to the employee and the Company (e.g. includes lessening of responsibility where there is reasonable potential for that employee's growth in the near future to justify the investment).

1. Travel and Living Expenses of Employee and Members of Employees Family

1. Any trips that an employee makes to investigate a vacant position will be at the employee’s expense and on the employee’s own time.
    
2. One (1) round trip to the new location for the employee (and spouse, if applicable) to locate suitable permanent accommodation, including mileage, meals and three (3) nights lodgings (effective January 1, 2000).
    
3. Transportation to the new location for the employee and one (1) round trip later to transport the employee’s family. Transportation expenses will be limited to bus fare or payment for the use of the employee’s personal vehicle at the current Company vehicle allowance rate.
    
4. Lodging and meals, if required, for the employee and the employee’s family while en-route to the new location.
    
5. After reaching the new location, reimbursement will be limited to living expenses, including lodging and meals for the employee and members of the employee’s family until relocation or up to a maximum of fourteen (14) days, whichever is the shorter period of time.
    
6. Telephone, parking and gratuity expenses directly involved with the move.

2. Moving of Household Furnishings

1. Cost of packing, moving and unpacking normal household possessions being moved from the employee’s former principal residence to the employee’s new location.
    
2. Cost of insurance for normal household possessions while being moved or held in storage.
    
3. Cost of storage up to sixty (60) days when an employee is required to vacate their old residence before being able to occupy suitable accommodation at the new location.
   
   When the Supervisor has been advised and agrees that the original accommodation is unsatisfactory for permanent living quarters, allowable expenses will include the cost of a second move up to a maximum of seven-hundred fifty dollars ($750.00).

3. Miscellaneous Transfer Expenses

Payment of up to a maximum of seven hundred dollars ($700.00) to cover actual miscellaneous expenses resulting from a transfer, but not to include replacement of drapes and/or rugs. Receipts are not required by the Company for miscellaneous expense claims of two hundred dollars ($200.00) or less. If claims are in excess of two hundred dollars ($200.00) receipts are required for all expenses claimed.

4. Duplicate Housing Expenses

Allowable expenses will consist of the following items, if duplication of costs occur:

1. Interest on mortgage or equivalent financing at former principal residence.
    
2. Real estate taxes at former principal residence.
    
3. Utility accounts at former principal residence.
    
4. House, garage and locker rent.
    
5. Room and board.

These expenses will be allowed from the date the employee begins to incur duplicate expenses and will continue up to a maximum period of three (3) months or until duplicate expenses stop, whichever is the shorter period.

5. Expenses Incurred on the Sale and Purchase of a Transferred Employee’s Principal Residence

1. Actual brokerage fee to a licensed realtor up to a maximum of seven percent (7%) of the first $100,000 and three percent (3%) on the balance of the selling price of the employee's principal residence, providing the home is sold within three (3) months of the transfer. If the residence is not sold within three (3) months, the brokerage fee to be paid will be based on an appraisal at the time of transfer or the actual sale price, whichever is the lower. The brokerage fee is to be supported by receipts.
    
2. Actual legal expenses up to a maximum of the tariff schedule of the Law Society of Alberta providing the fees are supported by receipts.
    
3. Actual lender-assessed interest penalty upon breaking a first mortgage up to a maximum of three (3) months. The penalty fee is to be supported by receipts.

6. Interim Financing

In cases where an employee must purchase a residence at the new location before having realized equity from the sale of the employee's former principal residence, the Company will pay the interest on interim financing for a period not to exceed ninety (90) days.

The amount of interim financing on which the Company will pay interest will be a maximum of the equity in the former principal residence that is being sold (equity being the guaranteed price less any mortgages and/or loans and less 1.5 % of the guaranteed price to cover closing adjustments)

7. Exceptions

When extraordinary or unforeseen circumstances arise, exceptions may be allowed to the above policy, but at the sole discretion of the Company.

PART 2

When an employee is transferred at the request of the Company or is transferred as a result of being the successful bidder for a posted job, the following shall apply provided the employee moves within one (1) year from the date of transfer and the position bid is assessed by the Company as a lateral or demotion to a position not at a salary grade B1, O1, or T1.

1. Travel and Living Expenses of Employees and Members of Employee’s Family

1. Any trips that an employee makes to investigate a vacant position will be at the employee’s expense and on the employee’s own time.
    
2. Transportation to the new location for the employee and one (1) round trip later, to transport the employee’s family. Transportation expenses will be limited to bus fare or payment for the use of the employee’s personal vehicle at the current Company vehicle allowance rate.
    
3. Lodging and meals, if required, for the employee and the employee’s family while en-route to the new location.
    
4. After reaching the new location, reimbursement will be limited to living expenses, including lodging and meals for the employee and members of the employee’s family until relocation or up to a maximum of fourteen (14) days, whichever is the shorter period of time.
    
5. Telephone, parking and gratuity expenses directly involved with the move.

2. Moving of Household Furnishings

1. Cost of Packing, moving and unpacking normal household possessions being moved from the employee’s former principal residence to the new location.
    
2. Cost of insurance for normal household possessions while being moved or held in storage.
    
3. Cost of storage up to sixty (60) days when an employee is required to vacate the employee’s old residence before being able to occupy suitable accommodation at the new location.
   
   When the Supervisor has been advised and agrees that the original accommodation is unsatisfactory for permanent living quarters, allowable expenses will include the cost of a second move up to a maximum of seven-hundred fifty dollars ($750.00).

3. Miscellaneous Transfer Expenses

Payment of up to a maximum of seven hundred dollars ($700.00) to cover actual miscellaneous expenses resulting from a transfer, but not to include replacement of drapes and/or rugs. Receipts are not required by the Company for miscellaneous expense claims of two hundred dollars ($200.00) or less. If claims are in excess of two hundred dollars ($200.00) receipts are required for all expenses claimed.

4. Duplicate Housing Expenses

Allowable expenses will consist of the following items, if duplication of costs occur:

1. Interest on mortgage or equivalent financing at former principal residence.
    
2. Real estate taxes at former principal residence.
    
3. Utility accounts at former principal residence.
    
4. House, garage and locker rent.
    
5. Room and board.

These expenses will be allowed from the date the employee begins to incur duplicate expenses and will continue up to a maximum period of three (3) months or until duplicate expenses stop, whichever is the shorter period.

5. Exceptions

When extraordinary or unforeseen circumstances arise, exceptions may be allowed to the above policy, but at the sole discretion of the Company.

PART 3

When an employee is transferred at the request of the Company or is transferred as a result of being the successful bidder for a posted job, the following shall apply provided the employee moves within one (1) year from the date of transfer and the position bid is assessed by the Company at salary grade B1, O1, or T1.

Employees transferred as a result of being the successful bidder for a posting at one of the salary grades mentioned above, are eligible for reimbursement of either:

1. Half the cost of packing, moving and unpacking normal household possessions from the employee’s former principal residence to the new location or,
    
2. The full cost of renting a moving vehicle for the purpose of moving normal household possessions from the employee’s former principal residence to the new location.

These transfer expenses apply providing the employee moves within one