Covenant Health Collective Agreement 2020-2024

ITEM 1: TRANSFER AND INTERMINGLING AGREEMENT

The Parties hereby agree:

1.1   Preamble

1.1    In recognition of the consolidated bargaining unit representing paramedical technical and paramedical professional Employees in Covenant Health Sites, the parties agree to the following terms respecting transfers and intermingling of Covenant Health paramedical technical and paramedical professional Employees in Covenant Health Sites.

1.2    These terms apply notwithstanding any other terms of the Collective Agreement currently in effect between the Parties, and form part of the Collective Agreement.

1.2  Transfers and Intermingling

2.1    The Parties agree to terms in Schedule A attached, affecting transfers and intermingling of CH Employees within the existing paramedical professional/technical Sites represented by HSAA at the CH facilities.

2.2    The terms in Schedule A apply notwithstanding any other terms of Collective Agreements currently in effect between the Parties, and form part of those Collective Agreements.

1.3  Addition of Parties

3.1    With the consent of all Parties, additional Employers and Sites of paramedical technical and/or paramedical professional Employees may be added as Parties to this agreement, or part of this agreement, on terms consistent with the provisions of this agreement.

1.4 Term of Agreement

4.1    This agreement shall continue up to March 31, 2020.

4.2    The provisions of this agreement may be amended with the consent of all Parties.

1.5  Resolution of Disputes

5.1    Any dispute concerning this agreement, inclusive of Schedule A, shall be resolved by recourse to the grievance and arbitration procedures in the Collective Agreement between the Parties to the dispute of which Schedule A forms a part (or by any dispute resolution process incorporated in Schedule A).

Schedule A

Transfer and Intermingling Terms

1.0  Preamble

1.1    The Parties agree to the following terms respecting transfers and intermingling of CH Employees within the existing paramedical professional/technical Sites in CH facilities.

1.2    These terms apply notwithstanding any other terms of Collective Agreements currently in effect between the Parties, and form part of those Collective Agreements.

2.0  Transfers

2.1   When a program is transferred from one (1) Site to another, Employees in the program directly affected by the transfer shall be entitled to transfer to available positions created within another Site as a result of the transfer, provided Employees have the ability to perform the work at the receiving Site.

2.2    If there are insufficient positions available, between the number of positions being reduced and the total of vacancies at the sending Site and additional positions at the receiving Site, a severance offering shall be made to Employees in the program and classifications affected by the transfer (and any resulting displacement) at the sending Site, available up to a maximum of the shortfall between the total of the vacant FTE's at the sending Site and additional FTE's at the receiving Site and the total FTE's being reduced at the sending Site. The severance offering shall be in accordance with Item 3 below.

2.3    When a program is transferred from one (1) Site to another, and there will be layoffs following a severance offering as a result of the transfer, layoffs shall occur at the sending Site.

2.4    When a program is transferred from one (1) Site to another, CH shall first seek Employees from the program who wish to transfer voluntarily to available positions at the other Site, provided they have the ability to perform the work. If there are not sufficient volunteers to transfer with the program, CH may require Employees to transfer to available positions at the other Site beginning with the least senior Employees affected by the transfer, subject to their ability to perform the work.

2.5    Employees who transfer with a program pursuant to Item 2.4 above are transferring to positions which, but for the transfer, would not have been available to Employees on recall.

2.6    When a transfer of a program occurs, CH shall advise affected Employees and the union at least twenty-one (21) days in advance of the transfer. Within seven (7) days of receipt of notice, Employees shall advise CH whether or not they wish to transfer, subject to Item 2.4 above.

2.7    Employees who transfer with a program shall transfer their accrued seniority and pension entitlements, and their unused vacation and illness leave, up to the maximum level of entitlements in effect at the receiving Site. Employees shall be placed at the pay increment level closest to, but not less than, their existing rate of pay, up to the maximum rate for the classification in effect at the receiving Site. If an Employee’s rate of pay at the sending Site exceeds that of the position at the receiving Site, the Employee’s rate of pay shall be red-circled until the rate of pay at the receiving Site equals or exceeds the rate of pay from the sending Site. An Employee’s anniversary date shall not change, nor shall Employees be required to re-serve probation periods or waiting periods for benefit plans. Their seniority and other transferred entitlements shall be converted to entitlements at the receiving Site, and shall accumulate after the transfer in accordance with Collective Agreement provisions at the receiving Site.

2.8    Employees unable to transfer with a program because an insufficient number of positions were created by the transfer at the other Site, and who have not been accepted for severance, shall receive layoff notice, and be permitted to exercise rights on layoff, as provided for in the Collective Agreement at the sending Site.

2.9    Subject to the principle of proportionality, and subject to Employees possessing the ability to perform the work at the receiving Site, if there are more volunteers to transfer than positions available at the receiving Site, then positions shall be offered to eligible Employees by order of seniority.

2.10   The Parties may enter into individual, specific transfer agreements consistent with the terms herein. However, in the absence of an individual transfer agreement, the terms herein shall apply to a program transfer. In this Schedule, the term “program” includes part of a program.

2.11   In the event of a dispute concerning the application of Article 2, an Employee shall have the right to submit the dispute to expedited dispute resolution in accordance with the procedures contained in this Schedule.

3.0 Severance

3.1    The timing and extent of application periods for the severance offering upon transfers between Sites shall be determined by CH. The program, when offered by CH, shall be open to all eligible Regular Part-time and Full-time Employees employed and working in a regular position as of the date of the program offering, and in the program and classifications affected by the program transfer (and any resulting displacement) at the sending Site.

3.2    An approved severance shall be calculated as follows:

(a)    A Regular Full-Time Employee shall be eligible for severance pay in the amount of two (2) week’s regular pay for each full year of continuous employment to a maximum of forty (40) weeks pay.

(b)    A Regular Part-Time Employee shall be eligible for severance pay in the amount of two (2) week’s full-time pay for each full period of one thousand eight hundred and thirteen point five (1,813.5) hours worked at the Basic Rate of Pay to a maximum of forty (40) weeks pay.

(c)    Regular pay shall be defined as regularly scheduled hours of work as at the date on which notice of layoff is issued (which for the purpose of clarity means regularly scheduled hours of work exclusive of overtime hours, call back hours and additional hours for part-time Employees) X Basic Rate of Pay (which for the purpose of clarity means Basic Rate of Pay exclusive of overtime payments and premium payments).

(d)    For purposes of severance, continuous employment will be calculated from the last date of hire recognized by CH.

3.3    CH shall have the right to accept or reject any application for severance based on operational requirements. Subject to operational requirements, and the application of Item 2.4 above, if there are more Employees wishing to take severance than there are positions to be eliminated, severance will be granted in order of seniority. Severance will not be approved if termination of the Employee does not directly result in the permanent elimination of the regular Employee’s full-time equivalency, or a comparable full-time equivalency. CH reserves the right to determine the date of termination and, once approved, the decision to take severance and terminate employment is irrevocable.

3.4    Employees on full layoff shall not be eligible to apply for severance. CH will only consider a severance application from an Employee on sick leave, WCB or LTD where the Employee has provided medical evidence to CH that they are fit to return to work.

3.5    Regular Employees whose applications for severance are approved will terminate their employment and have no right of recall under provisions of the applicable Collective Agreement or this Schedule. Employees whose applications for severance are approved will not be eligible for rehire by CH, Alberta Health Services or any Employer funded directly or indirectly by Alberta Health and Wellness, for the period of severance. Employees may be considered for hire by CH or Alberta Health Services, or by an Employer funded directly or indirectly by Alberta Health and Wellness, provided they repay CH the difference, if any, on a prorated basis between the time they were unemployed and the length of time for which the severance was paid. For example, if an Employee accepts severance from a full-time position, and is rehired to a half-time position, half way through the period covered by the severance, the Employee would be required to repay one-quarter (1/4) of the total severance.

4.0  Layoffs and Recalls

4.1    Employees shall be laid off in accordance with the Collective Agreement at the Site. Layoff shall be in reverse order of seniority within the affected Site. Where the least senior Employee subject to layoff at the affected Site is not the least senior Employee in the classification (which for purposes of this clause includes a lower-rated classification within the classification series) within the CH facilities, the Employee shall be placed in a vacancy in their classification within the CH facilities, provided they have the ability to perform the required work. Where no vacancy exists, CH shall effect a vacancy by laying off the least senior Employee in the classification in the CH facilities whose position duties the Employee has the ability to perform. Notwithstanding the above, CH shall have the right to retain Employees who would otherwise be laid off when layoff in accordance with this clause would result in retaining Employees without the ability to perform the required work. An Employee affected by layoff may elect not to displace a less senior Employee within another Site and be laid off without forfeiting recall rights.

4.2 Employees who are laid off shall be placed on a common CH facilities recall list, in addition to Site recall lists. Seniority on the common recall list shall be based on date of continuous employment in the Site.

4.3 Recalls to vacancies at CH facilities shall be in accordance with the Collective Agreement at the Site where the vacancies exist, except that after recall of eligible Employees on the recall list from the Site where the vacancies exist, there shall then be recall of eligible Employees from the common recall list, in order of seniority.

4.4 Laid off Employees may refuse a recall to another Site without affecting their recall rights under their Collective Agreement, provided there is another eligible Employee who is recalled and accepts the recall to the vacancy. Where there are no Employees who accept a notice of recall to another Site, the senior Employee on the recall list will be provided another recall, and if they refuse the recall to the other Site, they shall be deemed to have forfeited their right of recall to that Site.

5.0  Intermingling

5.1    Regular and temporary Employees shall have designated home Sites assigned by the Employer, where they work the majority of their regular hours on an ongoing basis.

5.2    CH may assign Employees between CH facilities, for purposes of training, orientation, emergencies, and general operating requirements, on an intermittent basis, provided the majority of their hours worked over each six (6) month period are at their home Site, or on a temporary basis up to six (6) months per assignment [three (3) months when the assignment is involuntary]. When making these assignments, CH will request volunteers from amongst Employees in the program who are readily available for the assignment and who have the ability to perform the required work. When there are insufficient volunteers for the required work CH may assign Employees, beginning with the least senior Employee, provided they have the ability to perform the work. CH is not obliged to assign an Employee to another Site in accordance with this provision where the assignment will result in an overtime payment.

5.3    Employees assigned to work within another Site in accordance with Item 6.2 above shall be reimbursed for necessary travel expenses between Sites in the course of a shift, in accordance with the Collective Agreement at the Employee’s home Site, or in accordance with Employer policy where the agreement does not provide for travel expenses.

5.4    Employees assigned to another Site in accordance with Item 6.2 above shall continue to be governed by the terms of the Collective Agreement at their home Site.

5.5    The Employer shall provide a minimum of three (3) days notice to the Union and Employees for assignments to other Sites resulting from general operational requirements. Unions shall be notified of assignments to other Sites for emergency purposes within forty-eight (48) hours of the assignment. Employees may waive their requirement for notice before accepting an assignment to another Site. Where the general operating requirements will be ongoing, three (3) days notice to Unions and Employees shall only be required prior to the initial assignments.

5.6    In the event of a dispute concerning the application of Provision 6 of Schedule A either party may submit the dispute to expedited dispute resolution in accordance with the procedures contained in this schedule.

6.0  Expedited Dispute Resolution

6.1    In the event of a dispute concerning the application of Provision 2 of Schedule A (Transfers) or Provision 6 of Schedule A (Intermingling), an Employee or CH may submit a dispute to expedited dispute resolution in accordance with this Schedule. The dispute shall be submitted in writing directly to other affected Parties within five (5) calendar days of the date the Employee or CH become aware of, or reasonably should have become aware of, the occurrence of the act causing the dispute.

6.2    If the Parties are unable to resolve the dispute within five (5) calendar days of the written submission of the dispute, it shall be immediately referred to arbitration. All arbitrations shall be conducted before a single arbitrator agreed to by the Parties. Failing agreement, the Chair of the Labour Relations Board shall appoint an arbitrator who is available within the required time lines.

6.3    The arbitrator shall meet with the Parties and hear the dispute within five (5) calendar days of appointment, and shall render a decision within five (5) calendar days of the hearing. An arbitrator may render an oral decision. Decisions of arbitrators under this procedure shall not be referred to as precedents by any party in subsequent proceedings.

6.4    If an arbitrator is unable to meet to hear a dispute within five (5) calendar days of appointment, the Parties shall agree upon, or request the appointment of, a new arbitrator who can hear the dispute within five (5) calendar days.

6.5    Failure to adhere to time limits in this clause, shall not preclude a party from advancing a dispute to arbitration, or preclude an arbitrator from deciding a dispute, in as timely a manner as possible in the circumstances.

6.6    Costs of the arbitrator shall be shared equally between the Parties.