Rexall Pharmacies ULC (Edmonton) Collective Agreement 2024-2028

Article 44: Part-Time, Temporary and Casual Employees

1. Except as modified by this Article, all provisions of this Collective Agreement apply to part-time, temporary and casual Employees, except that casual Employees shall not be entitled to benefits provided for in:
   
   Article 9: Probationary Period
   Article 11: Work Schedules and Shifts
   Article 25: Employee Benefit Plans
   Article 26: Pension Plan
   Article 28: Seniority
   Article 30: Layoff and Recall
   Article 31: Technological Change
   Article 33: Leaves of Absence
   Article 37: Discipline and Dismissal
   Article 38: Resignation/Termination
    
2.  
   1. A temporary full-time or temporary part-time Employee shall be covered by the terms and conditions of this Collective Agreement, applicable to full-time or part-time Employees as the case may be.
   2. At the time of hire, the Employer shall state in writing the expected term of employment.
   3. A temporary Employee shall not have the right to grieve the termination of their employment when no longer required in that position or on completion of the expected term of the position nor placement pursuant to Article 29.04(b).
3. Hours of Work
   (A) Amend Article 10.01 to read:
   
   “Regular hours of work, exclusive of meal periods, shall be up to eight (8) hours in any day. The ratio of work days to non-work days shall not exceed 5:2 averaged over a period of not more than four (4) weeks. Such four (4) week periods shall be consecutive and non inclusive.”
   
   (B) Amend Article 10.02(a) by adding:
   
   “Regular hours of work shall include, as scheduled by the Employer, one (1) rest period of fifteen (15) minutes in instances where the shift is less than eight (8) hours but more than four (4) hours.”
   
   (C) Amend Article 10.02 by adding:
   1. A part-time Employee may work additional shifts from time to time.
   2. Where a part-time Employee volunteers or agrees, when requested, to work additional shifts, they shall be paid their basic rate of pay for such hours or, if applicable, at the overtime rate provided in Article 44.05(A) for those hours worked in excess of eight (8) hours in a day.
   3. An Employee required by the Employer to work an additional shift without their having volunteered or agreed to do so, will receive two times (2X) their basic rate of pay. This premium payment will cease and the Employee’s basic rate of pay will apply at the start of their next scheduled shift, or additional shift worked pursuant to Article 44.03(C)(e).
   4. At the time of hire or transfer, the Employer shall state in writing a specific number of hours per shift cycle, which shall constitute the regular hours of work for each part-time Employee.  Such hours may be altered as follows:
      1. the Employer and the Employee may mutually agree to an Employee’s request to decrease their regular hours of work;
      2. the Employer will consult with the Union to determine a process for increasing regular hours of work of an Employee(s) outside the provisions of Article 29.  Such process may involve polling of Employees to determine level of interest;
      3. the Employer, the Union and the Employee may mutually agree to an Employee’s request to increase their regular hours of work.
         
         Agreement to amend regular hours of work pursuant to the above shall not be considered a violation of Articles 11 and 29.  Where the Parties are unable to agree on an alternate process, the provisions of Article 29 shall apply.
   5. In the event that a casual Employee reports to work for a scheduled shift or a shift for which they have been called in for, and is not permitted to commence work, they shall be paid three (3) hours pay at the basic rate of pay.”
4. Amend Article 11 (Work Schedules and Shifts) to read:
    
   "11.04 - 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 three (3) hours pay at their basic rate of pay.
   
   11.05 - Employee Shift Trading
   Employees may exchange shifts with the approval of the Employer provided no increase in cost is incurred by the Employer.”
    
5. Overtime
   1. Amend Article 12.01 to read:
      “All hours, authorized by the Employer and worked by:
      1. a regular part-time Employee in excess of the maximums specified in Article 44.03(A); or
      2. a casual Employee in excess of eight (8) hours in a day or one hundred sixty (160) hours worked in each consecutive and non-inclusive twenty-eight (28) calendar day period; shall be paid for at one point five times (l.5X) the basic rate of pay on that day.”
   2. Article 12.04 is null and void.
6. On-Call Duty
   
   (A) Amend Article 13 by adding:
   
   “13.13  In the sites where departments provide service on a regular basis more than five (5) days a week, five (5) days in each consecutive seven (7) day period shall be deemed as work days for the purposes of paying the on-call rate to casual Employees.”
7. Salaries
   Amend Article 14.02 (a) to read:
   
   “Notwithstanding the time periods stated for increment advancement in the Salaries Appendix, part-time, temporary and casual Employees to whom these provisions apply shall be entitled to an increment on the satisfactory completion of two thousand eighty (2080) regular hours of work, and a further increment on the satisfactory completion of each period of one thousand eight hundred eighty (1880) regular hours of work thereafter until the maximum rate is attained.”

8. Vacation With Pay For Part-Time Employees
   
   (A) Article 21.02 is amended to read:
          
   “Part-time Employees
   Regular part-time Employees shall earn vacation with pay calculated in hours in accordance with the following formula:

   Hours worked as a regular Employee as specified in Articles 44.03, 44.08(C) and 45.12(A)

   X

   The applicable percentage as outlined below

   =

   Number of hours of paid vacation time to be taken

   1. six percent (6%) during the first (1st) year of employment; or
   2. eight percent (8%) during each of the second (2nd) to ninth (9th) years of employment; or
   3. ten percent (10%) during each of the tenth (10th) to nineteenth (19th) years of employment; or
   4. twelve percent (12%) during each of the twentieth (20th) and subsequent years of employment; or

   5. regular part-time Employees shall earn supplementary vacation with pay calculated in hours in accordance with the following formula (Applicable to Employees hired prior to ratification of the Collective Agreement for the period of April 1, 2013 to June 30, 2019):

      Hours worked during the vacation year at the rate specified in Articles 44.03 and 44.08(c)

      X

      The applicable percentage as outlined below

      =

      Number of hours of paid supplementary vacation time to be taken in the current supplementary vacation period

      1. upon reaching the employment anniversary of twenty-five (25) years of continuous service, Employees shall have earned an additional two percent (2%);

      2. upon reaching the employment anniversary of thirty (30) years of continuous service, Employees shall have earned an additional two percent (2%);

      3. upon reaching the employment anniversary of thirty-five (35) years of continuous service, Employees shall have earned an additional two percent (2%)."

   (B) Casual Employees will accrue vacation pay as above.
   
   (C) Only those regularly scheduled hours and additional hours worked at the basic rate of pay and on a Named Holiday to a maximum eight (8) hours and periods of sick leave with pay will be recognized as regular earnings for the purpose of determining vacation pay.

9. Named Holidays
   
   (A) With the exception of Article 22.06, Article 22 is replaced in its entirety by the following:

   1. An Employee to whom these provisions apply required to work on a Named Holiday, which are:
      
      New Year's Day
      Alberta Family Day
      Good Friday
      Victoria Day
      Canada Day
      August Civic Holiday
      Labour Day
      National Day of Truth and Reconciliation
      Thanksgiving Day
      Remembrance Day
      Christmas Day
      Boxing Day
      
      and all general holidays proclaimed to be a statutory holiday by any of the following:

   2. An Employee to whom these provisions apply shall be paid, in addition to their basic rate of pay, five percent (5%) of their basic hourly rate of pay in lieu of the Named Holidays, and the Floater Holiday.

   3. When July 1st falls on a Sunday, July 2nd is the legal holiday and shall be kept and observed as such.”

10. Bereavement Leave
    In calculating paid Bereavement Leave entitlement for part-time Employees, the provisions of Article 33.05 shall apply only to regularly scheduled working days which fall during a ten (10) calendar day period, commencing with the date of death.

11. Change of Status
    A temporary or casual Employee who transfers to regular full-time or regular part-time employment with the Employer shall be credited with the following entitlements earned during their period of employment, provided not more than six (6) months have elapsed since they last worked for the Employer:

    1. salary increments;

    2. vacation entitlement; and

    3. seniority in accordance with Article 28.01.

    Further to Article 9.01, part-time Employees will have completed their probationary period after one thousand forty (1040) hours or one (1) year of employment, whichever is the lesser.