Bethany Care Society Collective Agreement 2020-2024

Article 28: Casual Employees

1. The provisions of this Collective Agreement shall not apply to Casual Employees except as provided by this Article.
   
   Hours of Work
2.  
   1. Hours of work for a Casual Employee, exclusive of a meal period, shall be up to seven and three-quarter (73/4) hours in a day.
   2. Casual Employees will not be required to work in excess of seven (7) consecutive shifts except by mutual agreement.
   3. A Casual Employee will not be required to work in a manner where the ratio of work days to non work days exceeds 5:2 averaged over the complete cycle of the shift schedule.
   4. Hours of work shall be deemed to:
      1. include, as scheduled by the Employer, two (2) rest periods of fifteen (15) minutes during each full working shift of seven and three-quarter (73/4) hours: or
      2. include, as scheduled by the Employer, one (1) rest period of fifteen (15) minutes during each shift of not less than four (4) hours; and
      3. exclude a meal period of thirty (30) minutes to be scheduled by the Employer during each working day in which the Employee works in excess of four (4) hours.
      4. When an Employee is required by the Employer to remain readily available for duty during their meal period, they shall be paid for the meal period at their basic rate of pay unless they are permitted to take compensating time off for the full meal period at a later time in the shift.   Such paid meal period shall not be included in the calculation of regular hours of work.
      5. if an Employee is required to work during their meal period or rest period they shall be given a full meal period or rest period later in their shift, or where that is not possible, be paid for the meal period or rest period as follows:
         1. for a rest period, at two times (2X) their basic rate of pay rather than at straight time; or
         2. for a meal period for which the Employee is entitled to be paid in accordance with Article 28.02(d)(iv), at two times (2X) their basic rate of pay in lieu of the premium in 28.02 (d) (iv); or
         3. for a meal period for which the Employee is not otherwise entitled to be paid, at two times (2X) their basic rate of pay
         4. Only meal or rest periods which result in more than 7.75 hours being worked in a day may be banked for the purpose of lieu time.
3.  
   1. No Casual Employee shall be scheduled except with their consent.  However, the Employer has the right to review a casual Employee's availability for work.  If an Employee has not made them self reasonably available for work the Employer will notify the Employee of their insufficient availability in writing.  Thereafter, if the Employee continues to not make them self reasonably available they shall, in the absence of a good and sufficient reason, be deemed to have resigned.  Written notice of the deemed resignation shall be provided to the Employee and the Union.  Other employment may not constitute a good and sufficient reason for failing to be reasonably available for work.
   2. Employees shall be aware that, in the course of their regular duties, they may be required to work on various shifts throughout the twenty-four (24) hour period of the day and the seven (7) days of the week. The first shift of the working day shall be one wherein the majority of hours worked fall between twenty-four hundred (2400) and zero eight hundred (0800) hours.
4. In the event that a Casual Employee reports to work as scheduled or called and the Employer cancels their shift, the Employee shall be paid three (3) hours pay at the Employee’s basic rate of pay.
   
   Overtime

5.  

   1. Overtime is all time authorized by the Employer and worked by an Employee in excess of seven and three-quarter (73/4) hours per day;
   2. The overtime rate of two times (2X) the applicable basic rate of pay shall be paid for overtime worked.
   3. The Employer shall designate an individual who may authorize overtime.
   4. Authorization for overtime after the fact by the Employer shall not be unreasonably denied where overtime arises as a result of unforeseeable circumstances in which it is impossible to obtain prior authorization.
   5. Overtime may be accumulated and taken in time off at a mutually acceptable time at the applicable premium rate. Time off not taken by the last day of March in any given year shall be paid out.
   6. Except in cases of emergency, no Employee shall be required or permitted to work more than a total of sixteen (16) hours (inclusive of regular and overtime hours) in a twenty-four (24) hour period beginning at the first hour the Employee reports for work.
   7. Rest periods and meal periods shall be provided in accordance with the Hours of Work Article of this Collective Agreement.
   8. Employees shall not be required to take time off during their regular scheduled shifts to equalize any overtime worked previously.

   Salaries

6. The basic rate of pay for Casual Employees shall be as outlined in the Salaries Appendix and shall:
   1. Be effective on the dates specified herein.
   2. Subject to any of the other terms of this Collective Agreement providing for the withholding or delay in granting of an increment, an Employee’s basic rate of pay will be advanced to the next higher basic rate of pay following two thousand and twenty-two point seven five (2022.75) regular hours worked with the Employer.  Lieu time taken as part of regular hours worked to be included for the purpose of advancement to the next salary increment.
   3. Form part of this Collective Agreement.
7. Shift Differential
   A shift differential of two dollars and seventy-five cents ($2.75) per hour shall be paid to Employees working a shift where the majority of such shift falls within the period of seventeen hundred (1700) hours to zero seven hundred (0700) hours.
   
   All premiums payable under this Article shall not be considered as part of the Employee’s basic rate of pay.
8. Weekend Premium
   A weekend premium of three dollars and twenty-five cents ($3.25) per hour shall be paid to Employees working a shift wherein the majority of such shift falls within the period commencing seventeen hundred (1700) hours on a Friday and zero seven hundred hours (0700) of the following Monday;
   
   All premiums payable under this Article shall not be considered as part of the Employee’s basic rate of pay.
   
   Where applicable, shift differential and weekend premium will both be paid.
9. Transportation
   Casual Employees shall be covered by the Transportation Article of this Collective Agreement.
10. Named Holidays
    1. Casual Employees shall be paid at one and one-half times (11/2X) their basic rate of pay for all hours worked on the Named Holiday pursuant to the Named Holiday Article.
    2. Casual Employees shall be paid in addition to their basic rate of pay five percent (5%) of their basic rate of pay in lieu of the aforementioned Named Holidays named in the Named Holidays Article.
11. Annual Vacations
    1. Vacation pay shall be paid in accordance with the following:
       1. during the first (1st) year of employment six percent (6%) of their regular earnings; or
       2. during the second (2nd) to ninth (9th) years of employment eight percent (8%) of their regular earnings; or
       3. during the tenth (10th) to nineteenth (19th) years of employment ten percent (10%) of their regular earnings; or
       4. during the twentieth (20th) and subsequent years of employment twelve percent (12%) of their regular earnings.
    2. Vacation pay for Casual Employees shall be included with the payment for hours worked.
12. Dues Deduction
    Casual Employees shall be subject to dues deductions as provided in this Collective Agreement.
13. Grievance Procedure
    Casual Employees shall be covered by the Grievance and Arbitration Articles of this Collective Agreement.
14. Temporary Assignments
    Casual Employees shall be covered by the Temporary Assignment Article as provided in this Collective Agreement.
15. Appointments, Transfers, Promotions and Vacancies
    A Casual Employee who transfers to full or part-time employment with the Employer shall be credited with the following entitlements earned during their casual employment provided the transfer to full or part-time employment is contiguous to their casual employment:
    1. hours worked for salary increments;
    2. hours worked for vacation entitlement;
    3. seniority pursuant to the Seniority Article of this Collective Agreement.
16. In addition to the foregoing, Casual Employees shall be covered by the following Articles or Clauses of this Collective Agreement:
    1. Appointments, Promotions, Transfers and Vacancies;
    2. Union Business (Clauses 4.01, 4.02, 4.04, 4.06 and 4.07)
    3. No Discrimination;
    4. No Strike or Lockout;
    5. On-Call & Call-back;
    6. Workers’ Compensation;
    7. Employee Evaluations and Personnel Files;
    8. Employee Development;
    9. Job Descriptions;
    10. Employee Management Advisory Committee;
    11. Occupational Health & Safety;