Download PDF file of Memorandum of Settlement - BC Government ...
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<strong>Memorandum</strong> <strong>of</strong> <strong>Settlement</strong><br />
Between<br />
Waterbridge Ferries Inc. (Arrow Lakes)<br />
(the “Employer”)<br />
and the<br />
B.C. <strong>Government</strong> and Service Employees’ Union (<strong>BC</strong>GEU)<br />
(the “Union”)<br />
A tentative agreement was reached on November 20, 2012, the details are listed below.<br />
The general wage increase is:<br />
• 2% effective April 1, 2012<br />
• 50 cents effective pay period 1 2013*<br />
• 2% effective April 1, 2013<br />
• 50 cents effective October 1, 2013*<br />
• Effective January 1, 2013 clause 18.1 will be capped at 35 days vacation after 25 years, current<br />
employees with more than 25 years service will be grandfathered with their current entitlement*<br />
• Effective pay period 1 <strong>of</strong> 2013 16.6(a) is amended to reflect time and one half for the first 2 hours<br />
<strong>of</strong> overtime on regularly scheduled work day.*<br />
• Effective September 30, 2013 the direct pay drug card will be rescinded and replaced by receipted<br />
reimbursement on October 1, 2013.<br />
*These changes have been made to achieve parity between Arrow Lakes and Francois Lake.<br />
The remaining amendments are as follows;<br />
Definitions<br />
(6) "common-law spouse" - includes same sex and opposite sex individuals where the<br />
employee has signed a declaration or affidavit that they have been living in a common-law relationship<br />
or have been co-habiting for at least 12 6 months. The period <strong>of</strong> co-habitation may be less than 12 6<br />
months where the employee has claimed the common-law spouse's child/children for taxation<br />
purposes;<br />
This means that you can now claim a common-law spouse after living together for 6 months instead <strong>of</strong> 12.<br />
16.6 Overtime Compensation – Amend to read<br />
(d) (1) Overtime shall be compensated either in cash or time <strong>of</strong>f, or a combination <strong>of</strong> both, as<br />
provided in the appropriate classification series appendix
(2) Any overtime still owing at the end <strong>of</strong> the calendar year may be taken as compensatory time<br />
<strong>of</strong>f at a mutually agreeable time prior to the end <strong>of</strong> the fiscal year. Should this become<br />
impossible, all outstanding overtime shall be compensated by monetary payment at the end <strong>of</strong> the<br />
fiscal year or upon termination, whichever occurs earlier.<br />
16.7 Overtime Meal Allowance<br />
Overtime meal allowance has been increased from $15.00 to $15.30.<br />
16.11 Callout Provisions<br />
(b) Overtime or Callout Time Which Abuts the Succeeding Shift:<br />
(1) If the overtime or callout is for three hours or less, the employee will be required to work<br />
the callout period and the whole <strong>of</strong> the abutting shift. In this case, compensation shall be overtime<br />
rates for the callout period and straight-time rate for the regular shift.<br />
(2) If the overtime or callout is for longer than three hours, the employee will be required to<br />
work the call-out period and a portion <strong>of</strong> the abutting regular shift. The portion <strong>of</strong> the regular shift<br />
which must be worked will be regular shift less the amount that call-out exceeds three hours.<br />
Compensation shall be at overtime rates for the call-out period and straight-time for the regular<br />
shift without shortfall.<br />
(3) For the purpose <strong>of</strong> Article 16.11(b)(1) it is agreed that "callout" means that an employee<br />
has been called out without prior notice.<br />
This change is simply to clarify that the language applies whether it's overtime or callout.<br />
17.1 Paid Holidays<br />
Now includes Family Day.<br />
18.6 Vacation Carry Over<br />
(a) An employee may carry over up to ten days' (70 hours) vacation leave per vacation year except<br />
that such vacation carryover shall not exceed 10 25 days (175 hours) at any time. Employees in their<br />
first partial year <strong>of</strong> service, who commenced prior to July 1 <strong>of</strong> that year, may carry over up to five days'<br />
vacation leave into their first vacation year. Except as provided in Article 18.2(a)(2), an employee shall<br />
not receive cash in lieu <strong>of</strong> vacation time except upon termination.<br />
(b) CTO may be added to the vacation carry-over in (a) above however the total carry-over will not<br />
exceed 25 days (175 hours).<br />
(b)(c)A single vacation period which overlaps the end <strong>of</strong> a calendar year (December 31) shall be<br />
considered as vacation for the vacation year in which the vacation commenced. The portion <strong>of</strong> vacation<br />
taken subsequent to but adjoining December 31 shall not be considered as vacation carryover, nor as a<br />
seniority choice for the subsequent vacation year.<br />
(c)(d)In order to provide the opportunity for employees to obtain additional training or education to<br />
enhance their career opportunities, the Employer agrees to permit employees to carry over an<br />
additional 105 hours in accumulative leave (including vacation, compensatory time <strong>of</strong>f, and earned time<br />
<strong>of</strong>f). Employees must identify in writing prior to year end their desire to use this article and provide<br />
dates <strong>of</strong> the training or education. It is understood that this carryover is for the purpose outlined above<br />
and may not be used for any other purpose. Leave may be granted for other special circumstances with<br />
the agreement <strong>of</strong> the Joint Committee.<br />
The existing language is confusing and contradictory, these changes have been made to clarify the<br />
entitlements.
20.1 Bereavement Leave<br />
(b) Immediate family is defined as an employee's parent, stepparent, step sibling, spouse, child,<br />
grandchild, brother, sister, father-in-law, mother-in-law, and any other relative permanently residing in<br />
the employee's household or with whom the employee permanently resides.<br />
20.3 Family Illness<br />
(a) In the case <strong>of</strong> hospitalization <strong>of</strong> an employee's spouse or child the employee shall be entitled to use<br />
up to three days paid leave at any one time for this purpose.<br />
(a)(b) In the case <strong>of</strong> illness or hospitalization <strong>of</strong> a dependent child <strong>of</strong> an employee, and when no one at<br />
the employee's home other than the employee can provide for the needs <strong>of</strong> the ill child, the employee<br />
shall be entitled after notifying their supervisor, to use up to a maximum <strong>of</strong> two days' paid leave at any<br />
one time for this purpose.<br />
(b)(c) The Employer may request a report from a qualified medical practitioner when it appears that a<br />
pattern <strong>of</strong> consistent absence is developing.<br />
This allows an employee to use family illness leave if their spouse is hospitalized.<br />
New<br />
20.18 First Nations Traditions<br />
The Employer recognizes first nations traditions re: death and mourning. To this end an employee chosen<br />
to assist in making such arrangements shall be entitled to on weeks leave <strong>of</strong> absence without pap per<br />
occasion.<br />
New<br />
23.6 Introduction <strong>of</strong> a New Vessel<br />
Prior to the introdution <strong>of</strong> a new vessel, the parties will meet to negotiate rates <strong>of</strong> pay and qualifications.<br />
The process for determining salary rates and training requirements will be agreed to by the parties. If<br />
additional qualifications or tickets are required as a result <strong>of</strong> this process, all training costs and related<br />
expenses will be borne by the Employer.<br />
25.6 Medical Examination<br />
Where the Employer or the Employer's insurance carrier requires an employee to submit to a medical<br />
examination or medical interview, it shall be at the Employer's expense and on the Employer's time.<br />
Where a medical examination is required by a regulation made pursuant to a statute the portion not<br />
covered by extended health will be paid by the Employer.<br />
Currently 80% <strong>of</strong> the cost <strong>of</strong> the Transport Canada medical is paid by extended health and the remaining<br />
20% is paid by the employee, in future the 20% will be paid by the employer.<br />
25.11 Designation <strong>of</strong> Spouse<br />
Where an employee has designated a common-law spouse for benefit coverage under this Agreement and<br />
the employee wishes to designate another common-law spouse, a period <strong>of</strong> 12 6 months must elapse<br />
before the newly designated common-law spouse (and eligible dependant(s), if any) are entitled to benefit<br />
coverage.<br />
27.28 Lodging Allowance<br />
Increased from $35.00 to $50.00.
30.5 Lay<strong>of</strong>f and Recall<br />
Amend as follows:<br />
(n) (11) an <strong>of</strong>fer <strong>of</strong> work which is less than 3½ 4 hours duration;<br />
(s) (2) Where an employee commences work they shall receive three and one-half four hours pay at their<br />
regular rate. unless:<br />
(i) their work is suspended for reasons completely beyond the control <strong>of</strong> the<br />
Employer; or<br />
(ii)<br />
the duration <strong>of</strong> the work assignment is known in advance by the employee;<br />
in which instances the provisions <strong>of</strong> Article 30.5(s)(1) shall apply.<br />
27.22 Retirement Allowance and Pre-Retirement Leave<br />
Delete (b) (1) through (3)<br />
These clauses are no longer applicable.<br />
New<br />
16.13 Captains and Engineers Meetings<br />
Captains and Engineers meetings paid at 1 ½ time pay.<br />
New<br />
35 Pension Plan<br />
(e) When an employee reaches the maximum years <strong>of</strong> contributory service and amount equal to the<br />
employer's pension plan contribution will be paid to the employee's RRSP. The employee will be<br />
responsible for all paperwork required to set up and administer the employee's RRSP and to facilitate the<br />
employer's contributions. An employee may make changes to the RRSP once per year.<br />
Appendix 4 - Short and Long Term Disability<br />
1.2 Short-Term Plan Benefit<br />
(b) (1) delete accumulated sick leave credit under the old sick leave plan<br />
No longer applicable.<br />
Appendix 9 – Isolation Allowance<br />
Amend to read as follows<br />
Isolation allowance will be paid on a bi-weekly basis as follows;<br />
Arrow Park $38.87<br />
Needles $41.86<br />
Adams Lake $47.84<br />
Shelter Bay $47.84<br />
<strong>Memorandum</strong> <strong>of</strong> Understanding #8<br />
Education Fund<br />
The Employer agrees to put $18,000.00 annually into the Education Fund for the purposes <strong>of</strong><br />
employee training. Any unused portion will carry forward and be added to the following year's<br />
budget.<br />
HWH/srm<br />
Cope378/MOAWaterBridgeFrancLk2012