4.01

a) Regular hours of work shall be eight (8) hours per day, forty (40) hours per week Monday through Friday, unless otherwise mutually agreed.

b) Wherever the term "day" is referred to it means eight (8) hours worked.

4.02
In the event operational requirements are such that the cleanup and/or maintenance crew must work a graveyard shift, and where the employee concerned agrees, the Company may schedule the shift on a Tuesday to Saturday basis without penalty. It is understood this provision does not apply to production shifts except as provided for elsewhere in the Agreement (i.e., Crush time).

4.03 - Start Times
With respect to the bottling employees, every effort will be made to standardize the start times as follows:

Day Shift:
Normal start time 7:00 a.m., and no later than 9:00 a.m.

Afternoon Shift:
Normal start time 3:00 p.m., and no later than 5:00 p.m.

Night Shift:
Normal start time 11:00 p.m., and no later than 1:00 a.m.

This clause shall not result in employees receiving any additional premiums for shifts that overlap into Statutory Holidays, Saturdays or Sundays.

4.04 - Shift Schedules:

(a) A tentative shift schedule will be posted on Wednesday for the week following.

(b) At the option of the employee if a shift change is scheduled with less than 24 hours notice and he wants to work the respective shift he can respectively do so at no penalty to the Company.

(c) Wherever the Company intends to change the starting and stopping times of a shift schedule within the limits shown in Article 4.03 above, the Union shall be given no less than five (5) days advance notice.

(d) An employee will be paid at the rate of double time for all work required in any day prior to his regular posted starting time or after his regular quitting time.

(e) Employees changing shifts shall be given not less than ten (10) consecutive hours off and if such ten (10) hours off does not allow an employee to work an eight (8) hour day, forty (40) hour week, the employee will be paid for an eight (8) hour day, forty (40) hour week, at current pay rates.

(f) Where multi-shift schedules are required, every effort will be made by the Company to assign employees on a two (2) week rotation basis and in the case of the bottle shop on a one (1) week rotation basis.

(g) In the event it is necessary to work overtime the Company shall, wherever possible, provide two (2) or more hours notice of such overtime. Employees shall not be compelled to work overtime but may volunteer to do so.

Notwithstanding the foregoing it is understood and agreed that employees are expected to work overtime for periods of less than one (1) hour for the purpose of finishing off job assignments, Cellar blends, or production runs. No reasonable request to leave at the end of the shift will be denied.

In the event sufficient employees do not volunteer to work overtime, then the necessary employees shall be obtained in accordance with Article 4.10 (c). It is agreed that the Union shall supply competent help as provided elsewhere in this agreement.

(h) With the exception of Article 4.02 above and Crush schedules, the premium rate of double time shall be paid to all employees for all work performed on Saturday and/or Sunday.

(i) The Company will be held harmless if beyond the control of the Company, it is necessary to reduce the hours of work and an employee with seniority receives less hours than an employee working on another shift on the same scheduled day.

(j) Management shall ensure that all employees required to change starting times or shift schedules shall be advised in person or by phone message.

4.05 - Crush Period
There shall be a Pre-Crush meeting between Management and the Union to discuss plans for the crush period. Crush shall cover a period of eighty-five (85) days from first arrival of grapes.

(a) The crush operation, comprising of fruit crush, fermentation and pressing, shall be an extension of the Cellars Department. Inside crush work will be filled by employees holding positions in the cellar or may be assigned to other employees who have signed the crush posting for general cellar work.

(b) The seniority list will be posted thirty (30) days prior to the anticipated start of crush. Employees will be asked to indicate:

1) Willingness to work during Crush in the positions of Crush Operator/General Labour.

2) Willingness to work during Crush in the position of Crush Operator/General Labourer in case of layoff only; or

3) Willingness to work during Crush in the position of Forklift Driver (regular);

(c) Shift schedules for the crush crew will be arranged to handle the incoming grape supply quickly and efficiently in order to reduce the possibility of spoilage. During this period it may be necessary to vary starting times to accommodate for early arrival or delays in grape shipments or variations in fermentation time. The starting time of shifts may be varied given a minimum of twelve (12) hours notice. Where crush and fermentation schedules make it necessary, a second or third shift may be manned from this crew without penalty providing no less than the required notice is given.

(d) When there is crush work that must be performed and no crush crew is scheduled for the shift, then employees who have indicated their willingness to work the Crush in accordance with (b) above will be utilized.

When there is a shortage of crush work during the shift, employees scheduled on the crush crew shall work their scheduled hours by:

(i) being assigned alternate work if available; or

(ii) exercising their seniority to bump back into their regularly scheduled position, providing the employee has clean work wear; or

(iii) at the option of the Company, be assigned to other plant clean-up duties.

(e) An employee called in to work, and subsequently bumped, must have worked a minimum of four (4) hours, and the bumping shall not result in unscheduled overtime.

(f) In the event of the cancellation of a Bottling or bag line shift or line breakdown, Bottling workers may bump scheduled crew, based on seniority, pertaining to the signed list as referred to in 4.05 (b). Any plant employee cannot bump the Crush crew unless there is a plant or department layoff.

(g) Crush crew employees must have suitable clothing with them at all times.

(h) Daily overtime, if available, will be offered to employees working Crush for the day, on a seniority basis.

Daily overtime shall be on a voluntary basis but where insufficient volunteers are obtained the required employees may be assigned from the crush crew in reverse order of seniority.

Weekend overtime, if available, will be offered to employees by seniority who have signed the crush posting as set out in 4.05 b) 1) and b) 3.

Inside cellar overtime shall be offered first to employees holding cellar postings and then to other employees who have indicated a willingness to work crush and are capable of performing the work in a competent manner.

4.06 - Meal Breaks & Rest Periods

(a) All employees shall be allowed one-half (1/2) hour off for the mid-shift meal, and which half-hour shall be included in the working hours above stipulated.

(b) When an employee works more than ten (10) hours in any one (1) day, he will be provided with a hot meal to be eaten on Company time. According to availability, the Company shall supply and bring into the plant a reasonable supper for each employee involved, or the employee may be provided with a meal at a restaurant, in which case the time off shall be adequate to travel to the restaurant, eat the meal and return to the plant, and in no case would be less than one-half (1/2) hour.

(c) All employees shall receive a fifteen (15) minute rest period in an established lunchroom approximately two (2) hours after commencement of their shift, and a second fifteen (15) minute rest period approximately two (2) hours after the mid-shift lunch. Employees working more than one-half (1/2) hour overtime will be entitled to a fifteen (15) minute break.

(d) The Employer may, upon thirty (30) minutes advance notice, stagger as per operational requirements dictate ahead or back, the lunch break period by one-half (1/2) hour. Any time duration of greater then one-half (1/2) hour will be by mutual agreement between the Employer and the Union.

4.07 - Reporting To Work

(a) Employees must be notified before quitting time if they are not to report for work the next day. If they are not notified and report for work, then they shall be paid for the whole day.

(b) Employees who receive permission to leave early or agree to leave early because of a temporarily reduced department workload shall be paid for the time worked only and will not be counted as an incomplete day.

(c) Employees called back to work for emergency purposes shall be paid at overtime rates for the time worked or four (4) hours at straight time rates, whichever is greater.

(d) Employees called out for work for less than a half-day shall receive not less than one-half day's wages.

4.08 - Sick Leave

(a) Each employee having worked 1500 hours within the previous calendar year is entitled to twelve (12) days paid leave in the following year due to sickness or accident that is not covered by Weekly Indemnity, or by Long Term Disability as provided for in Article 11 of this agreement, up to a maximum of three (3) days.

Employees with five or more year's seniority shall only be required to work 1000 hours in the previous calendar year to qualify for this benefit. Statutory holidays and paid vacation leave shall be deemed as hours worked.

Employees wishing to top up the first three (3) days of a Weekly Indemnity claim resulting from a non occupational accident to one hundred percent (100%) of normal gross wages, shall notify the employer in writing. In such cases his sick leave entitlement will be reduced by one (1) day for the three (3) days.

(b) Those employees working 720 or more hours but less than 1500 hours in the previous calendar year shall only be entitled to six (6) days in the following year.

(c) During the first three (3) days that an employee is off work due to accident, the Company shall supplement up to full straight time regular wages the amounts received for those three (3) days from the Weekly Indemnity Plan or the Workers' Compensation Board. At the end of the three (3) days period, the payment shall be the amount provided by W.C.B. or W.I. benefits only.

(d) The Company reserves the right to request a doctor's certificate covering any sickness claim. Any proven misuse, abuse, or misrepresentation of this Sick Leave Benefit by an employee during the life of this Agreement shall render such employee permanently ineligible to receive the benefits of this Section for the duration of the Agreement, and may be sufficient grounds for dismissal.

(e) It is understood that an employee cannot collect full Sick Benefits under this Section on any day for which he is paid his regular full wage or salary rate by the Company, or for which he receives Workers' Compensation or Weekly Indemnity payments.

(f) Employees eligible for sick leave as per (a) and (b) above shall be permitted to cash out the unused portion on the first pay date in January of each year in accordance with the following:


(1) Employees who have worked 1500 hours in the previous twelve (12) months will be entitled to a payout for unused sick leave as follows:

8 or more unused days-100% of unused days.

Less than 8 unused days-50% of unused days.

(2) Employees working less than 1500 hours will be entitled to a payout for unused sick leave as follows:

4 or more unused days-100% of unused days.

Less than 4 unused days-50% of unused days.

Weekly Indemnity and WCB hours will not be included in the above calculation with regards to the fifteen hundred (1500) hour qualifier.

4.09 - Maternity Leave

A pregnant employee shall qualify for maternity leave upon completion of the probation period.

(a) Pregnancy Leave, Parental Leave and Adoption Leave shall be in keeping with the Employment Standards Act of British Columbia.

Upon the employee’s request, the Employer will provide a summary of benefits that the employee is entitled to under the legislation.

(b) Upon return from maternity leave, an employee shall be placed in her former position, or in a position of equal rank and pay.

(c) If an employee maintains coverage for Medical, Extended Health, Dental or Group Life, the employer agrees to pay the employers share of these premiums. If an employee fails to return to work on the pre-arranged date, the employer will recover monies paid under this Section.

(d) A father shall be granted one day off with pay on the day of birth of his child, or during the period of confinement.

(e) The employee's seniority date will not be affected by maternity leave.

4.10 - Seniority Respecting Overtime

(a) Work performed in excess of eight (8) hours during any day, Monday through Friday inclusive, shall be overtime and shall be paid for at the rate of double time the employee's regular or premium rate of pay.

(b) Subject to the efficient operation of the Company, it is agreed that in the event it is necessary to work overtime in any department, men shall be acquired in the order of their seniority within the department to do such overtime work.

(c) In the event that sufficient employees cannot be obtained from within the department, then the necessary employees will be acquired in the order of their seniority with the Company to do such overtime work. Overtime shall be voluntary on the part of each employee.

(d) Where insufficient volunteers are obtained for overtime, the required employees may be assigned in the reverse order of seniority.

4.11 - Overtime Banking
On January 1st of each year, employees will be given the option of receiving overtime premium for all overtime hours worked or of banking that premium time. The option chosen shall be valid for twelve (12) months and cannot be changed during those twelve (12) months.

Where banking is elected, the overtime premium shall accumulate to a maximum of ninety-six (96) hours in any contract year and will be scheduled as time off during the contract year in which it was earned at a time mutually agreed upon between the Company and the employees. All or a portion of an employees banked overtime may be carried over from one contract year to the next by approval of the Employer.

All regular vacation requests will have priority over scheduling of banked overtime. Permit Card holders shall not have the option of banking overtime.