CapitalCare Collective Agreement 2020-2024

Article 11: Work Schedules and Shifts

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 twenty-four hundred (2400) and zero eight hundred (0800) hours.
2. Shift Scheduling Standards and Premiums for Non-Compliance
   1. Except in cases of emergency or by mutual agreement in writing between the Employer, the Employee, and the Union, 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 fifteen (15) 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), (iii), or (iv) and an emergency has not occurred, nor has it been mutually agreed in writing 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 two times (2X) their Basic Rate of Pay 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 two times (2X) their Basic Rate of Pay 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 two times (2X) their Basic Rate of Pay for each of two (2) regular shifts worked during the five (5) week period;
      4. failure to provide fifteen (15) hours off duty in accordance with Article 11.02(a)(iii) shall result in payment of two times (2X) the Basic Rate of Pay for all 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, the Employee and the Unionprovided 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.
   5. Where necessary, optional scheduling provisions may be mutually agreed to in writing between the Employer and the Union.
3. Schedule Posting and Schedule Changes
   1. Unless otherwise agreed between the Employer and the Union in writing, shift schedules shall be posted twelve (12) weeks in advance. Except in cases of emergency or by mutual agreement between the Employer and the Employee, if a shift schedule is changed after being posted, the affected Employees shall be provided with fourteen (14) 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 fourteen (14) 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 fourteen (14) calendar days’ notice of a change of their scheduled day(s) off they shall be paid two times (2X) their Basic Rate of Pay for all hours worked on such day(s) 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 at the rate of two times (2X) their Basic Rate of Pay for all hours worked on the first shift of the change schedule unless fourteen (14) 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 two (2) hours or more they shall be paid at the rate of two times (2X) their Basic Rate of Pay for all hours worked on this shift unless fourteen (14) 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 Shift Trading
   
   Employees may exchange shifts and/or days off with the approval of the Employer provided no increase in cost is incurred by the Employer.