Contract Table of Contents
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Letter of Understanding
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June 1, 2006 to May 31, 2009
4.01
- In recognition of the unique nature of the Retail Store operation, the Company shall be permitted to run seven (7) days a week without penalty. For all employees a week's work shall consist of five (5) consecutive eight (8) hour days, or four (4) consecutive ten (10) hour days, or three (3) consecutive twelve (12) hour days with pay for forty (40) hours, unless mutually agreed between the Company and the Union. An employee who is ordered to work less than eight (8), ten (10) or twelve (12) hours a day as applicable or less than forty (40) hours a week shall be considered as temporarily laid off.
- Work performed in excess of the scheduled shift (8, 10, or 12 hours as applicable), shall be overtime and shall be paid for at the rate of time and one- half for the first two (2) hours of overtime and double time thereafter.
Overtime shall be voluntary on the part of every employee.
4.02
In the event it is necessary to work overtime, the Company shall, wherever possible, provide four (4) hours notice of such overtime.
4.03
- Shift scheduling shall provide for at least ten (10) hours elapsed time between the close of each employee's shift and the start of their next shift. If the elapsed time is not granted, the employee shall be paid overtime rates for those hours worked within the ten (10) hour period.
Shift schedules shall be posted on Monday's for work in the following week. Employees may be posted to start times between 7:00 a.m. and 4:00 p.m., unless by mutual agreement between the Company, the Union and the employee.
The Company shall have the right to change an employee's schedule before Thursday at 5:00 p.m. The Company must notify the employee of any changes by Thursday at 5:00 p.m.
If the employee's schedule is changed by the Company after Thursday at 5:00 p.m., or if the Company does not notify the employee in accordance with (c) above, the employee's first changed shift shall be paid at time and one-half.
The foregoing change of schedule premium shall not apply if:
The change occurs at the request of the employee.
The change occurs as the result of a senior employee bumping a junior employee to prevent a layoff.
An employee is returning to his/her posted starting time.
The change is caused by unscheduled employee absenteeism. However, should that absence last more than one (1) day and a further schedule change is required, the premium shall apply.
It is recognized that the Retail Store is a seven (7) day per week operation. The Company will post shift schedules accordingly. When assigning employees to the schedule, wherever possible, preference will be given in accordance with employee seniority. Notwithstanding the above, employees who restrict their availability to work any schedule, unless mutually agreed, will be subject to Article 3.06.
Call in Procedure
Employees on the call in list will be available for call in between the hours of 8:00 a.m. and 10:00 a.m. daily. Employees may only refuse work assignments for acceptable personal emergencies or substantiated medical situations. Employees must notify the manager on duty by 9:00 a.m. if they are unable to work their scheduled shift.
No changes can be made to the posted schedule by employees (Shift swapping, etc.), without the prior approval of the Retail Store Manager.
4.04
Employees working an eight (8) hour shift will be allowed one half hour off for the midday meal. Employees working a ten (10) or twelve (12) hour shift will be allowed a second half hour off for an additional meal. Subject to the efficient operation of the Company, these meal periods shall be scheduled after the completion of four (4) hours and eight (8) hours worked. The said half hour(s) will be included in the working hours stipulated herein.
4.05
Employees must be given twelve (12) hours prior notice to normal start time if they are not to report for work the next day. If they are not notified and report for work, they shall be paid for the whole day, excluding those absent without notification to the employer on the day the notification not to report is given.
Employees called out for work for less than one-half day shall receive not less than one-half day's wages.
However, in the event of any utilities failure or machine failure beyond the Company's control, employees will not be covered by paragraph (a) Section 5, Article 4 of this Agreement.
Any employee called back for any reason shall receive not less than four (4) hours pay at the prevailing rate.
4.06 - Banked Overtime
Employees may elect to bank their overtime in exchange for time off at a mutually agreed time between the Company and the employee. This paid time off may be used for any personal business or may be accumulated to provide time off to be taken during slack periods.
A maximum of forty (40) hours overtime may be banked at any time. Once an employee has reached this maximum, he/she must schedule time off within the next sixty (60) days so that this maximum may be reduced. It is understood and agreed that such scheduling during the prime summer period (June 15 to August 31) shall only be by mutual agreement and shall not be permitted to interfere with the scheduling of other employees vacation entitlement. Upon attaining one thousand forty (1,040) hours, casual employees will have any unused banked time paid out.
Banked overtime records will be the responsibility of the employee and his/her immediate supervisor. Within reason the employee shall have the right to inspect his/her Banked Time record at any time.