4.01 - Schedules and Availability

1. Employees will be provided a posted work schedule one (1) week prior to the effective date of the schedule. No employee will be scheduled to work more than eight (8) hours per day or forty (40) hours per week. Employees will be scheduled in such a manner as to provide two (2) consecutive days off.
   
   
2. The basic work day for Mission Hill Wine Store and Tours at straight time rates shall be no less than four (4) hours and no more than eight (8) hours in a day and forty (40) hours in a week.
   
   
3. When the following shifts are in operation, employees must make themselves available for potential work assignment during the hours listed below:
   
   Days 8:30 a.m. to 11.30 a.m.
   
   Next Day 4:00 p.m. to 5:30 p.m.
   
   An employee not available for “Next Day” call in may be passed over without penalty.
   
   An employee contacted between 8:30 a.m. to 11.30 a.m. that refuses assignments or can not be contacted on three separate occasions during any four (4) month period will cease to be an employee.
   
   Once contacted employees may only refuse work assignments for acceptable personal emergencies or substantiated medical situations.
   
   Calls outside 8:30 a.m. to 11:30 a.m., where the employee is unavailable will not count in the calculation of occasions.
   
   
4. When the store is open to the public, there will be at least two employees scheduled per shift.

4.02 - Hours of Operation
For the most part the following hours of operation will be observed but may be varied with proper notice being provided.

Shoulder season   10:00 a.m. to 6:00 p.m.
Summer season      9:00 a.m. to 7:00 p.m.
Slow season        9:00 a.m. to 5:00 p.m. 

4.03 - Shift Schedules

1. In scheduling employees of the Mission Hill Wine Store or Tours, the available hours of work shall be assigned on a weekly basis, with the schedule being posted no later than Thursday of the preceding week. Available hours shall be assigned in order of seniority, with the most senior qualified person receiving the most hours.
   
   
2. 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.
   
   
3. Employment Standards to be observed with regard to over time payments.
   
   
4. Employees changing shifts shall be given not less than ten (10) consecutive hours offs. Any hours worked during this ten (10) hour period will be paid at the appropriate overtime rate.
   
   
5. Employees will be notified of shift schedule 2 weeks in advance. Whenever shift work is required every effort shall be made by the Company to ensure it is done in a fair and equitable rotation.
   
   
6. 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 Employer may use whatever means to have the work performed.
   
   
7. 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.
   
   
8. Management shall ensure that all employees required to change starting times or shift schedules shall be advised in person or by phone message.

4.04 - Paid Rest Periods

Employees working less than five (5) hours are entitled to a twenty (20) minute rest break. An employee working five (5) hours or more shall be entitled to a total of forty-five (45) minutes paid rest break. An employee working seven (7) hours or more shall be entitled to a total of sixty (60) minutes paid rest break.

If an employee is unable to take their rest break during their shift they will be paid at the rate of time and one half. The scheduling of all breaks shall be with the discretion of management.

4.05 - Reporting To Work

1. 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.
   
   
2. 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.
   
   
3. 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.
   
   
4. Employees called out for work for less than a half-day shall receive not less than one-half day's wages.

4.06 - Sick Leave

1. 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.
   
   
2. 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.
   
   
3. 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.
   
   
4. 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.
   
   
5. 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.
   
   
6. 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.

4.07 - Maternity Leave
A pregnant employee shall qualify for maternity leave upon completion of the probation period.

1. Pregnancy Leave, Parental Leave and Adoption Leave shall be in keeping with the Employment Standards Act of British Columbia
   
   
2. Upon the employee’s request, the Employer will provide a summary of benefits that the employee is entitled to under the legislation.
   
   
3. Upon return from maternity leave, an employee shall be placed in her former position, or in a position of equal rank and pay.
   
   
4. 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.
   
   
5. A father shall be granted one day off with pay on the day of birth of his child, or during the period of confinement.
   
   
6. The employee's seniority date will not be affected by maternity leave.

4.08 - Overtime
Overtime payments will be in keeping with the Employment Standards Act of B.C.

Incidental overtime that is required to occur at the end of a shift will be assigned to the employee that was performing the job at the time.

Scheduled overtime that is required as an extension to an existing shift will be assigned to the most senior employee in the classification who is qualified to perform the work and is on the job at the time.

Scheduled overtime that is not an extension to a shift will be by seniority among employees who are qualified to perform the work and are within the classification concerned.

4.09 - 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.