Bethany Care Society Collective Agreement 2020-2024

Article 11: Shift Schedules

1. An Employee shall be aware that they may be required to work various shifts throughout the twenty-four (24) hour day and the seven (7) days of the week.  The first shift of the working day shall be the one wherein the majority of hours worked fall between 2400 and 0800 hours.
2. Shift Scheduling Standards and Premiums for Non-compliance
   1. Except in cases of emergency or by mutual agreement between the Employer and the Employee, shift schedules shall provide for:
      1. at least two (2) of the scheduled days off to be consecutive in each two (2) week period;
      2. where possible, one (1) weekend off in each two (2) week period but, in any event, two (2) weekends off in each five (5) week period;
      3. at least twelve (12) hours off duty between the end of one shift and the commencement of the next shift;
      4. not more than seven (7) consecutive scheduled days of work.
   2. Where the Employer is unable to provide the provisions of Article 11.02(a) (i), (ii), or (iii), and an emergency has not occurred, nor has it been mutually agreed otherwise, the following conditions shall apply:
      1. failure to provide days off in accordance with Article 11.02(a)(i) shall   result in the payment to each affected Employee of overtime pursuant to the Overtime Article of this Collective Agreement for one (1) regular shift worked during the two (2) week period;
      2. failure to provide both of the required two (2) weekends off duty in accordance with Article 11.02(a)(ii) shall result in payment to each affected Employee of overtime pursuant to the Overtime Article of this Collective Agreement for each of four (4) regular shifts worked during the five (5) week period;
      3. failure to provide one (1) of the required two (2) weekends off duty in accordance with Article 11.02(a)(ii) shall result in payment to each affected Employee of overtime pursuant to the Overtime Article of this Collective Agreement for each of two (2) regular shifts worked during the five (5) week period;
      4. failure to provide twelve (12) hours off duty in accordance with Article 11.02(a) (iii) shall result in payment of overtime pursuant to the Overtime Article of this Collective Agreement for hours worked on that next shift.
   3. For the purpose of this provision, “weekend” shall mean a consecutive Saturday and Sunday assuring a minimum of fifty-six (56) hours off duty.
   4. An Employee required to rotate shifts shall be assigned day duty approximately one-third (1/3) of the time unless mutually agreed to by the Employer and Employee provided that, in the event of an emergency or where unusual circumstances exist, the Employee may be assigned to such shift as deemed necessary by the Employer.
      
      For the purpose of applying this provision:
      1. scheduled days off shall not be considered as day duty; and
      2. time off on vacation shall only be considered as day duty if day duty would have been worked by the Employee according to the shift schedule save and except for the vacation.
3. Schedule Posting and Schedule Changes
   1. Unless otherwise agreed between the Employer and the Union, shift schedules shall be available eight (8) weeks in advance.   If a shift schedule is changed after being made available, the affected Employees shall be provided with at least seven (7) calendar days’ notice of the new schedule.   In the event that an Employee’s schedule is changed in the new shift schedule and they are not provided with at least seven (7) calendar days’ notice, they shall be entitled to premium payment subject to the provisions of Article 11.03(b), (c) and (d).
   2. Unless an Employee is given at least seven (7) calendar days’ notice of a change of their scheduled day(s) off, they shall be paid two (2X) times the Basic Rate of Pay for hours worked on the first shift of the changed schedule unless such change is at the Employee’s request.
   3. If, in the course of a posted schedule, the Employer changes the Employee’s scheduled shift (i.e., days to evenings, days to nights or evenings to nights) but not their day off,  they shall be paid overtime pursuant to the Overtime Article of this Collective Agreement for hours worked on the first shift of the changed schedule unless at least seven (7) calendar days’ notice of such change has been given.
   4. If, in the course of a posted schedule, the Employer changes the Employee’s shift start time by more than two (2) hours, they shall be paid overtime pursuant to the Overtime Article of this Collective Agreement for hours worked on this shift unless at least seven (7) calendar days’ notice of such change has been given.
4. In the event that an Employee reports for work as scheduled and is required by the Employer not to commence work but to return to duty at a later hour, they shall be compensated for that inconvenience by receiving two (2) hours pay at their basic rate of pay.
5. Should an Employee report and commence work as scheduled and be required to cease work prior to completion of their scheduled shift and return to duty at a later hour, they shall receive their basic hourly rate of pay for all hours worked with an addition of two (2) hours pay at their basic rate of pay for that inconvenience.
6. Employee Initiated Schedule Changes
   When the Employer approves an Employee's request to temporarily change/trade their scheduled hours of work, such schedule change will not constitute an "Employer" schedule change as contemplated in Articles 11 and 29.
   
   Employer approval of the foregoing schedule changes shall be subject to operational requirements and will not result in additional cost to the Employer.   In all cases, Employees will be paid at straight time with no eligibility for premiums.