Alberta Health Services Collective Agreement 2020-2024

LETTER OF UNDERSTANDING #33

BETWEEN

ALBERTA HEALTH SERVICES
(hereinafter referred to as the Employer)

- and -

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

RE: TRANSITIONAL PROVISIONS FOR EMPLOYEES MOVING INTO THE HSAA BARGAINING UNIT

The Parties agree to the following transitional terms for Alberta Health Services Employees that move from exempt positions, or from other bargaining units, into the HSAA Bargaining Unit as a result of a decision from the Alberta Labour Relations Board, or from agreement between the Parties.

For a transition into the HSAA Bargaining Unit, the Parties agree to meet to identify the following dates for each transition:

Implementation Date – Unless expressly addressed otherwise in this Letter of Understanding, the implementation date will be the date upon which the terms and conditions of the HSAA/AHS collective agreement apply.

Benefit Implementation Date – The date upon which the Employee(s) will be covered by the HSAA Benefit plan.

Article 5: Dues Deduction

HSAA dues deductions from Employees shall take effect on the implementation date (e.g. the date the Employee commences in the HSAA bargaining unit).

Article 9: Probation Period

Employees who, as of the Implementation Date, have not completed their probation shall serve the remainder of their probation to the maximum number of hours identified under their previous terms and conditions of employment or Collective Agreement, exclusive of overtime hours, from the date on which the current period of continuous employment commenced.

Article 10: Hours of Work and Article 11: Work Schedules & Shifts

The Parties agree that hours of work and schedules will comply with Article 10/44.03: Hours of Work and Article 11/44.04: Work Schedules and Shifts within one hundred and twenty (120) days of the Implementation Date.  Any changes to schedules will be subject to a 12 week posting period.  

Article 12: Overtime

As of the Implementation Date, Employees will be eligible for overtime in accordance with Article 12/44.05 – Overtime of the AHS/HSAA Collective Agreement.

Overtime banks accrued up to the implementation date shall be maintained and transferred intact.  As of the Implementation Date, Overtime banks will be administered in accordance with the provisions of Article 12/44.05 - Overtime.

Overtime days in lieu that have been approved prior to the Implementation Date shall not be cancelled/modified as a result of this transition.

Article 14: Salaries 

Effective the Implementation Date Employees will be placed at the Step on the HSAA salary scale based on their years of service in their current classification. Where such rate is lower than their current rate of pay, then the Employee shall be placed on the applicable step based on their years of service in their current classification and red-circled for twenty-four (24) months, or until they can be transitioned onto the salary scale, whichever is sooner.

Full-time Employees who receive a pay increase, shall have their increment anniversary date for future increases established as the Implementation Date.

Part-time and Casual Employees who receive a pay increase, shall earn hours towards their next increment as of the Implementation Date.

Article 21: Vacation with Pay

Employees shall have their continuous service date with AHS (including continuous service with a former entity that is contiguous with their service with AHS) recognized for the purpose of establishing annual vacation entitlement.

Vacation banks accrued up to the Implementation Date shall be maintained and transferred intact.  As of the Implementation Date, Vacation banks will be administered in accordance with the provisions of Article 21/44.08 – Vacation with Pay.

Commencing on the Implementation Date, an Employee’s vacation entitlement shall be in accordance with Article 21/44.08: Vacation with Pay of the AHS/HSAA Collective Agreement.

Subject to 21.07, vacation days approved prior to the Implementation Date shall not be cancelled/modified as a result of this transition.

Article 22: Named Holidays

As of the Implementation Date, Employees will be eligible for Named Holidays in accordance with Article 22/44.09 – Named Holidays of the AHS/HSAA Collective Agreement.

Named Holiday banks, including the floater holiday bank, accrued up to the Implementation Date shall be maintained and transferred intact.  As of the Implementation Date, Named Holiday banks will be administered in accordance with the provisions of Article 22/44.09 – Named Holidays. Stat days in lieu approved prior to the Implementation Date shall not be cancelled/modified as a result of this transition.

Article 23: Sick Leave

Sick banks accrued up to the Implementation Date shall be maintained and transferred intact.  As of the Implementation Date, sick banks will be administered in accordance with the provisions of Article 23/44.10 – Sick Leave.

Article 25: Employee Benefits Plans

Eligible Employees shall be placed in the common AHS/HSAA benefit plan effective the Benefit Implementation Date.

Employees who had benefits prior to implementation date shall not lose coverage solely as a result of transition.

Treatments with a service date prior to the Benefit Implementation Date will remain subject to the provisions of the previous benefit plan.  Treatments with a service date as of the Benefit Implementation Date or later will be subject to the provisions of the AHS/HSAA benefit plan.

Any eligible expenses incurred prior to the Benefit Implementation Date are eligible to be claimed against the previous benefit plan provided that such claim is submitted to and received by Alberta Blue Cross within two (2) months of the former benefit plan terminating.

No waiting period will be required for Employees enrolling in the Benefit Plan as a result of this transition.

Article 26: Pension Plan

Eligible Employees will continue to participate in the Local Authorities Pension Plan as per Article 26 – Pension Plan.

Article 28: Seniority

Seniority shall be the date Employees were hired with the Employer (including continuous service with a former entity that is contiguous with their service with AHS). 

Casual Employees who have never held a regular or temporary position (and therefore have not had a seniority date computed previously) will have a seniority date calculated upon transferring to a regular or temporary position, in accordance with the provisions of Article 28, by dividing contiguous hours worked with the Employer (including continuous service with a former entity that is contiguous with their service with AHS) by 2022.75.

Article 29: Promotions, Transfers, and Vacancies – Trial Period

Employees who, as of the Implementation Date, have not completed their trial period shall serve the remainder of their trial period, to the maximum number of hours identified under their previous terms and conditions of employment or Collective Agreement. 

Article 33: Leaves of Absence

Personal Leave

Effective the next April 1 after the Implementation Date, eligible Employees shall receive personal leave in accordance with the provisions of 33.04. 

Modified Workdays: Modified Workday/10 Month Schedule/Teleworking/Flexible Work Schedule

The parties agree to review all existing modified workday/teleworking/flexible work schedule agreements within one hundred and twenty (120) days of the Implementation Date to ensure compliance with the AHS/HSAA Collective Agreement.

Banked hours accrued as a result of any of the aforementioned arrangements shall be maintained and transferred intact.

Any time off associated with any of these arrangements and approved prior to the Implementation Date shall not be cancelled/modified as a result of this transition.

Employees Absent Due to WCB, STD, LTD, or Leave of Absence

For Employees who are absent due to Workers’ Compensation, Short Term Disability, Long Term Disability, or approved Leave of Absence on the Implementation Date shall continue under previous terms and conditions of employment or Collective Agreement.  The terms and conditions of the AHS/HSAA Collective Agreement and the transition provisions of this Letter of Understanding shall apply effective the date the Employee returns to work.

Flexible Spending Account

As of the Benefits Enrollment Date, Employees shall be covered by Letter of Understanding #6 – Flexible Spending Account (FSA) in the AHS/HSAA Collective Agreement.  For the purposes of implementation, the allocation to the HSAA FSA shall be pro-rated based upon the Employee’s FTE as of the Implementation Date and number of months remaining in the calendar year as of the Benefits Enrollment Date.

AHS shall confirm an allocation period for all eligible Employees in order to allocate funds for utilization of their FSA for the remainder of the calendar year following the Implementation Date.

Letters to Employees

Employees shall receive a letter from AHS, copied to HSAA, which shall include the following:

(i) Confirmation of the Implementation Date of their transition;

(ii) Employment status (i.e. regular full time, regular part-time, temporary, or casual);

(iii) FTE;

(iv) Classification;

(v) Increment level and Basic Rate of Pay 

(vi) Confirmation of the benefits enrollment date;

(vii) Seniority date and date of hire (if different);

(viii) Vacation entitlement level; and

(ix) Current sick, vacation, named holiday, and overtime banks.

Each Employee shall have sixty (60) consecutive calendar days from the date of notification of the information above to advise the Employer, in writing, if the Employee believes the information to be incorrect.

The Parties agree to meet to discuss unique circumstances (hours of work arrangements, specific Letters of Understanding, local conditions, etc.) that may arise as a result of this Letter of Understanding.  

Employees will receive an additional letter outlining significant changes to the benefits plan.

The Letter of Understanding will expire March 31, 2024, or upon the date the ratification of the next Collective Agreement, whichever is later.