Rexall/Pharma Plus Pharmacies Ltd. (Calgary) Collective Agreement 2019-2024

Article 39: 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 23: Employee Benefit Plans
   Article 25: Seniority
   Article 27: Layoff and Recall
   Article 28: Technological Change
   Article 30: Leaves of Absence
   Article 34: Discipline and Dismissal
   Article 35: Lay off and Recall
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 her employment when no longer required in that position or on completion of the expected term of the position nor placement pursuant to Article 26.04(b).
3. Hours of Work
   
   (A) Amend Article 10.01 to read:
   
   “Regular hours of work, exclusive of meal periods, shall be less than forty (40) hours per week, unless relieving for sickness or leaves of absence. 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, she shall be paid her basic rate of pay for such hours or, if applicable, at the overtime rate provided in Article 39.05(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 her having volunteered or agreed to do so, will receive two times (2X) her basic rate of pay. This premium payment will cease and the Employee’s basic rate of pay will apply at the start of her next scheduled shift, or additional shift worked pursuant to Article 39.03(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 her 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 26.  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 her 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 she has been called in for, and is not permitted to commence work, she shall be paid two (2) hours pay at the basic rate of pay.”

4. Overtime
   
   (A) Amend Article 12.01 to read:
   
   “All hours, authorized by the Employer and worked by:
   
   (i) a regular part-time Employee in excess of the maximums specified in Article 39.03(A); or
   (ii) 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;
   
   (B) Article 12.04 is null and void.

5. 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.”

6. 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.”

7. Vacation With Pay For Part-Time Employees
   
   (A) Article 19.02 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                                  The applicable                           Number of hours
   regular Employee as                                percentage as                           of paid vacation
   specified in Articles           X                    outlined below            =            time to be taken
   39.03, 39.08(C), and
   39.12(A)
    

   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 who were on the Company payroll as of date of ratification March 2017 shall earn supplementary vacation with pay calculated in hours in accordance with the following formula:
      
      Hours worked                                The applicable                                 Number of hours of
      during the vacation                       percentage as                                 paid supplementary
      year at the rate               X            outlined below             =                 vacation time to be
      specified in Articles                                                                                taken in the current
      39.03 and 39.08(C)                                                                                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 of eight (8) hours and periods of sick leave with pay will be recognized as regular earnings for the purpose of determining vacation pay.

8. Named Holidays
   
   (A) With the exception of Article 20.06, Article 20 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 Day
      Labour Day
      Thanksgiving Day
      Remembrance Day
      Christmas Day
      Boxing Day
      
      and all general holidays proclaimed to be a statutory holiday by any of the following:

      1. the Municipality in which the site is located;

      2. the Province of Alberta; or

      3. the Government of Canada;

      shall be paid at one and one-half times (1 1/2X) her basic rate of pay for the first eight (8) hours worked on a Named Holiday and two times (2X) her basic rate of pay for time worked in excess of eight (8) hours.

   2. An Employee to whom these provisions apply shall be paid, in addition to her basic rate of pay, five percent (5%) of her 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.”

9. Bereavement Leave
   In calculating paid Bereavement Leave entitlement for part-time Employees, the provisions of Article 30.05 shall apply only to regularly scheduled working days which fall during a ten (10) calendar day period, commencing with the date of death.

10. 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 her period of employment, provided not more than six (6) months have elapsed since she last worked for the Employer:

    1. salary increments;

    2. vacation entitlement; and

    3. seniority in accordance with Article 25.01.

    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.