Covenant Health Collective Agreement 2020-2024

Article 11: Work Schedules And Shifts

Note: Article 11 replaced in its entirety for EMS in Local Conditions (Page 166)

1.  

   1. An Employee shall be aware that they may be required to work various shifts throughout the twenty-four (24) hour day and the seven (7) days of the week. The first (1st) shift of the working day shall be the one wherein the majority of hours worked fall between twenty-four hundred (2400) and zero eight hundred (0800) hours.

   2. A request by an Employee to work a Shift pattern of permanent evenings, permanent nights, permanent evenings and nights, permanent evenings and days, or permanent nights and days shall be considered when operationally feasible. The Employer may require Employees permanently working evenings, nights or both to work blocks of day Shift for the purpose of maintaining skill, knowledge and/or proficiency. This is limited to two (2) blocks per year totaling not more than fourteen (14) calendar days.

   3. An Employee who has requested to work one of the Shift patterns referenced in 11.01(b) and has done so for at least 12 months, may give the Employer notice that they wish to revert to one of the other Shift patterns noted in 11.01(b) or any other shift pattern that is available. Upon receiving such notice, the Employer will canvas all Employees included in the schedule to determine if other Employees wish to amend their shift pattern, regardless of how long they have worked in those Shift Patterns.

   4. The Employer will not be required to revise the schedule more than once in any 12-month period commencing with implementation of the new shift schedule. 

2. Shift Scheduling Standards and Premiums for Non-Compliance

   1. Except in cases of emergency or by mutual agreement between the Employer and the Employee, shift schedules shall provide for:

      1. at least two (2) of the scheduled days off to be consecutive in any two (2) week period;

      2. where possible one (1) weekend off in any two (2) week period but, in any event, two (2) weekends off in any five (5) week period;

      3. at least fifteen (15) hours off duty between the end of one shift and the commencement of the next shift;

      4. not more than six (6) consecutive scheduled days of work.

   2. Where the Employer is unable to provide the provisions of Article 11.02(a)(i), (ii), (iii), or (iv) and an emergency has not occurred, nor has it been mutually agreed otherwise, the following conditions shall apply:

      1. failure to provide days off in accordance with Article 11.02(a)(i) shall result in the payment to each affected Employee of two times (2X) their Basic Rate of Pay for one (1) regular shift worked during the two (2) week period;

      2. failure to provide both of the required two (2) weekends off duty in accordance with Article 11.02(a)(ii) shall result in payment to each affected Employee of two times (2X) their Basic Rate of Pay for each of four (4) regular shifts worked during the five (5) week period;

      3. failure to provide one (1) of the required two (2) weekends off duty in accordance with Article 11.02(a)(ii) shall result in payment to each affected Employee of two times (2X) their Basic Rate of Pay for each of two (2) regular shifts worked during the five (5) week period;

      4. failure to provide fifteen (15) hours off duty in accordance with Article 11.02(a)(iii) shall result in payment of two times (2X) the Basic Rate of Pay for all hours worked on that next shift.

   3. An optional scheduling system is available which may be applied with written agreement between the Employer and the Union. The optional scheduling system may be implemented subject to Letter of Understanding #23 Re: Considering Optional Scheduling System. Where this option is applied, the relevant provisions of Article 11.02(a) shall be amended as follows:

      1. at least two (2) of the scheduled days off to be consecutive in any two (2) week period;

      2. where possible one (1) weekend off in any two (2) week period but, in any event, two (2) weekends off in any five (5) week period;

      3. at least fifteen (15) hours off duty between the end of one shift and the commencement of the next shift;

      4. not more than seven (7) consecutive scheduled days of work.

   4. For the purpose of this provision, “weekend” shall mean a consecutive Saturday and Sunday assuring a minimum of fifty-six (56) hours off duty.

   5. An Employee required to rotate shifts shall be assigned day duty approximately one-third (1/3) of the time unless mutually agreed to by the Employer and Employee provided that, in the event of an emergency or where unusual circumstances exist, the Employee may be assigned to such shift as deemed necessary by the Employer.
      
      For the purpose of applying this provision:

      1. scheduled days off shall not be considered as day duty; and

      2. time off on vacation shall only be considered as day duty if day duty would have been worked by the Employee according to the shift schedule save and except for the vacation.

3. Schedule Posting and Schedule Changes

   1. Unless otherwise agreed between the Employer and the Union, shift schedules shall be posted twelve (12) weeks in advance. The Employer shall provide the Union with a copy of each shift schedule upon request. If a shift schedule is changed after being posted, the affected Employees shall be provided with fourteen (14) calendar days’ notice of the new schedule. In the event that an Employee’s schedule is changed in the new shift schedule and they are not provided with fourteen (14) calendar days’ notice, they shall be entitled to premium payment subject to the provisions of Article 11.03(b), (c) and (d).

   2. Unless an Employee is given at least fourteen (14) calendar days’ notice of a change of their scheduled day(s) off, they shall be paid two times (2X) their Basic Rate of Pay for all hours worked on such day(s) unless such change is at the Employee’s request.

   3. If, in the course of a posted schedule, the Employer changes the Employee’s scheduled shift (i.e. days to evenings, days to nights or evenings to nights) but not their day off, they shall be paid at the rate of two times (2X) their Basic Rate of Pay for all hours worked on the first shift of the changed schedule unless fourteen (14) calendar days’ notice of such change has been given.

   4. If, in the course of a posted schedule, the Employer changes the Employee’s shift start time by more than two (2) hours, they shall be paid at the rate of two times (2X) their Basic Rate of Pay for all hours worked on this shift unless fourteen (14) calendar days’ notice of such change has been given.

4. In the event that an Employee reports for work as scheduled and is required by the Employer not to commence work or 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. 

5. Should an Employee report and commence work as scheduled and be required to cease work prior to completion of their scheduled shift or return to duty at a later hour, they shall receive their basic hourly rate of pay for all hours worked with an addition of three (3) hours pay at their Basic Rate of Pay for that inconvenience.

6. Employee Shift Trading
   
   Employees may exchange shifts and/or days off with the approval of the Employer provided no increase in cost is incurred by the Employer. Shift and/or day off exchanges may be made up to twelve (12) weeks in advance.