CapitalCare Collective Agreement 2020-2024

LETTER OF UNDERSTANDING #3

BETWEEN

CapitalCare
(hereinafter referred to as the Employer)

-and-

HEALTH SCIENCES ASSOCIATION OF ALBERTA 
(hereinafter referred to as the Union)

RE:  DECREASING OR INCREASING FULL-TIME EQUIVALENCY (FTE)
 

1.0 Request by Employee to Decrease FTE

(a) An Employee who requests to decrease their FTE shall put the request in writing to their immediate Supervisor and must state whether the FTE adjustment is permanent or temporary.  The Employer shall have the right to accept or reject any request for alteration of the Employee’s FTE based upon operational requirements.  The Employer shall advise the Union of the request, and if the request is denied shall provide the reason for the denial. The Employer shall indicate approval or denial of the request, in writing, within fourteen (14) days of the Employee’s request.

(b) Where the number of Employees making such requests to the Employer   exceeds the number of requests that may be granted, the requests shall be    granted in order of seniority of those Employees that can be             accommodated.

(c) If the number of hours requested to be relinquished is less than or equal to zero point four (0.4) FTE, the residual hours may be offered to other Regular Part-Time Employees in the same classification, working in the Site/Program, in order of seniority. In the event no Employees are interested in increasing their FTE, the resulting FTE may be posted in accordance with Article 29 (Promotions, Transfers and Vacancies).

(d) If the number of hours requested to be relinquished is more than zero point four (0.4) FTE, the Union and the Employer shall meet to discuss how the residual hours may be distributed and/or posted.  If the parties cannot agree, then the resulting FTE will be posted in accordance with Article 29 (Promotions, Transfers and Vacancies).

(e) Where a request to reduce FTE is approved, the Employer shall issue a letter to the Employee confirming the Employee’s new FTE.

(f) This Letter of Understanding is not to be used when the request is for health related reasons.

2.0 Increasing FTE

(a) Should the Employer receive additional funding that would result in an increase in the FTE of the position(s), the Employer shall advise the Union to determine whether the provisions of this Letter of Understanding shall apply.

(b) Should the additional funding received result in an increase to FTE of less than or equal to zero point four (0.4) FTE, the additional hours may be offered, where operationally feasible, to other Regular Part-Time Employees in the same classification, working in the Site/Program, in order of seniority.

(c) Should the additional funding received result in an increase to FTE of more than zero point four (0.4) FTE the Union and the Employer shall meet to   discuss how the residual hours may be distributed and/or posted.  If the parties cannot agree, then the resulting FTE will be posted in accordance with Article 29 (Promotions, Transfers and Vacancies).

(d) Should there be no qualified applicants from a posting, as per the above clause, the hours may be offered in whole or in part to Regular Part-Time Employees in the same classification, working in the Site/Program, in order of seniority.

(e) A Regular Part-Time Employee may add to their FTE only those hours that can be accommodated in their schedule without violating the scheduling provisions of Article 10 - (Hours of Work) and Article 11 (Work Schedules and Shifts) of this Collective Agreement.

(f) Where the Employee accepts additional hours of work, the Employer shall issue a letter to the Employee confirming the Employee’s new FTE, with a copy to the Union.  Where an Employee is offered less than or equal to zero point four (0.4) FTE more than once in a twelve (12) month period, the Union and the Employer shall meet to discuss if this Letter of Understanding shall apply.
 

3.0 An Employee whose FTE is altered through the operation of this Letter of Understanding, whether it is a decrease or an increase to the FTE, shall not be required to serve a trial period.

4.0 An agreement to alter an Employee’s FTE in accordance with this Letter of Understanding shall not be considered as a violation of Articles 29 (Promotions, Transfers and Vacancies), 30 (Layoff and Recall) or 44 (Part-Time, Temporary and Casual Employees).

5.0 This letter is not intended to circumvent the provisions of Article 29 (Promotions, Transfers and Vacancies), and 30 (Layoff and Recall) in circumstances where a position becomes vacant.  In such a case(s), the vacancy(s) shall be filled in accordance with the provisions of Article 29 (Promotions, Transfers and Vacancies), or Article 30 (Layoff and Recall) of the Collective Agreement and not by transferring an Employee who has made a request under this Letter of Understanding to transfer into the vacancy.