Contract  Table of Contents

Article / 1 / 2 / 3 / 4 / 5 / 6 / 7 / 8 / 9 / 10 / 11 / 12 / 13 / 14 /

Letter of Understanding  1 / 2 / 3 / 4 / 5 / 6 / 7 /

January 1, 2006 to December 31, 2008
OKANAGAN SPRING BREWERY, 2006-2008
Please read the disclaimer.


ARTICLE 3
SENIORITY
3.01 - DEFINITION
  1. Seniority is defined as the length of an employee's service with the Company, calculated as the elapsed time from the date they were first employed, unless their seniority was broken, in which event such calculation shall be from the date that they returned to work following the last break in their seniority.

  2. Employees with a common seniority will be put on the seniority list in the order in which they were dispatched or as otherwise agreed to by the Union and the Company. Seniority service records shall not be considered broken by reason of:

    1. Absence on leave when granted mutually by the Company and the Union.

    2. Absence due to seasonal lay off, providing the employee reports to work within seven days after written notice to report has been sent by registered mail to their last address registered with the Company; provided that when an employee is recalled to work and does not report the Company may recall the next employee in line but they are subject to being displaced if the first employee does report within seven days. The Shop Steward will be notified of the recall.

  3. Sickness or injury.

  4. Active service in the Canadian Armed Forces during national emergencies.

  5. Continuous lay off of less than twelve (12) months.

3.02 - PROCEDURE REGARDING LAYOFFS

Should it become necessary to reduce the regular working force for any reason, all permit card help must be laid off first, then union members in reverse order of seniority.

  1. When it becomes necessary to reduce a departmental work force, members shall be laid off in reverse order of their plant seniority from within that department provided the senior employee is willing and able to perform the required duties in the opinion of management and the Union at the classified rate for the job;

  2. Notwithstanding the foregoing, it is understood and agreed that an employee who is being trained pursuant to the provisions of the posting system, and who are supernumerary to the department, are exempt from these layoff provisions.

    SCHEDULED LAYOFFS:

  3. Employees laid off from their department in accordance with Article 3.02(a), shall have the right to bump the most junior person in the plant whose job they are willing and able to perform, subject to the following conditions:

    1. The regular schedule will be posted as per Article 4.01(d)

    2. It is the employee's responsibility to inform their departmental manager or supervisor of their desire to bump by 9:00 a.m. Thursday of the preceding week.

    3. A revised schedule will be posted by 3:00 p.m. Thursday listing those employees scheduled for work in the following week. It is the employee's responsibility to see if they are scheduled.

    4. The most junior person will be bumped. The company will attempt to schedule the affected employee with minimal disruption to the schedules of other members (i.e. employee bumping in will be placed on most junior employee’s shift if possible).

    5. If the member bumping in cannot be placed on the most junior employee’s shift, the company will make changes to the schedule to accommodate the member. The member bumping in and/or the most junior member in the department whom may be displaced will not be compensated with a shift change, should one be required.

    6. Once the member has bumped into a shift, crewing will be done in accordance to Article 3.06.
    UNSCHEDULED LAYOFFS:
  4. When a shift or shifts are cancelled for any unforeseen reason, employees scheduled for the cancelled shift may exercise their seniority rights for the remaining shift(s) in that week. Provided, there is at least one (1) shift break between all shifts pursuant to Article 3.03(b). Employees who do not exercise their bumping rights and have worked less than 25 hours will be considered for weekend overtime.

    1. Members will notify their departmental manager/supervisor of their desire to bump when they are notified of their shift being cancelled.

    2. If a member has had the opportunity to work 4 hours because notification of the cancellation was less than 8 hours or 12 hours the member will not be eligible to bump or recover the hours for that one shift.

    3. The most junior employee will be bumped, the member bumping in will be placed on that shift. The bumping will occur at the first available opportunity with 8 hours or 12 hours notification given to affected employees.

    4. Members bumping in will not be compensated with a shift change, should one be required. Once the member has bumped onto a shift crewing will be done in accordance to Article 3.06.


  5. The final decision as to whether or not an employee is able to perform a job and can exercise their bumping rights shall be made by the Company.

  6. Maintenance personnel and Lead Hands, providing they are performing their regular duties, shall be exempt from these bumping provisions unless otherwise agreed by the Union.

  7. The Company will make every effort to train senior employees to enable them to exercise their bumping rights.

  8. Employees laid off shall receive their record of employment in accordance with HRSDC (Employment Insurance).


3.03 - PROCEDURE REGARDING RECALL
  1. When staffs are augmented employees will be recalled in order of their plant seniority provided that the senior employee is willing and able to perform the work required of them at the classified rate for the job. The Company shall provide as much notice as possible when recalling employees to work.

  2. Employees shall be guaranteed a minimum of eight (8) hours between shifts. In the event their seniority is such that the employer recalls them prior to the eight (8) hours elapsing, they shall be paid at the rate of double time from the commencement of their shift until the full eight hours has elapsed between shifts. The Company shall not be permitted to recall employees out of seniority in order to circumvent this provision. This provision however, shall not apply in the event it is a bumping situation.

  3. Employees on layoff shall ensure that they are available for recall on a daily basis between the hours of 6:00 a.m. and 10:00 a.m. In the event that it becomes necessary for the company to recall employees outside of these hours, every effort shall be made to contact employees in accordance with the subsection (a) above. However, employees who are not available outside of the hours stipulated above shall not be held blameworthy, nor shall they be permitted to grieve the loss of work.


3.04 - DAILY JOB VACANCY REPLACEMENT PROCEDURES
Subject to the efficient operation of the Company, when a job vacancy is created due to the absence of the scheduled employee, the following provisions will be used to fill the vacancy:

  1. Consideration will be given to employees who:

    1. are able to do the work and,

    2. are scheduled in the department in which the vacancy exists and,

    3. are in the plant at the time the vacancy is to be filled and,

    4. have advised their supervisor of their desire to do the job vacated.

  2. From the employees who meet the criteria above, the job vacancy will be filled by:

    1. the senior employees holding a posting in that department, otherwise

    2. the senior employee able to do the job that is vacant.

  3. No penalties or additional costs will be incurred by the Company in accommodating employees as per Article 3.04 (2), above.

  4. To fill the job vacancy created by the employee selected under Article 3.04 (2) above, the vacancy will be filled in any manner the Company chooses in consultation with the union, (if the union is available), as long as any employee called in from layoff is the senior employee able to do the job required of them.

  5. The preceding procedures do not restrict the Company in any way from not filling vacant positions or filling vacant positions on a temporary basis or changing employees work assignments or changing production schedules in reacting to manpower shortages and production needs.

3.05 - SEVERANCE PAY
  1. An employee shall be eligible for a separation payment as set forth below if on any date during their layoff the hours scheduled for them during the previous twelve (12) consecutive months were less than fifty (50) percent of normal full time hours.

  2. Severance payments shall not be made:

    1. To employees who are discharged for just cause

    2. To employees who have not completed their probation period

    3. In the event of closing due to Acts of God, public enemy, war, or disaster

  3. Severance pay shall be $1000.00 for each year of seniority (prorated for incomplete years) up to maximum of fifteen years, twenty-two years in the event of Plant closure. Part time employees shall receive one week's pay per year of seniority calculated by taking the average of the employees' best eight (8) week period in the previous twelve (12) months.

  4. Employees shall not be removed from the seniority list until the employee accepts their severance allowance.

3.06 - JOB POSTINGS - DEFINITIONS
  1. A permanent posting shall be the governing posting in the filling of job vacancies. Whenever possible, if an employee is working and their job posting is being performed they will be scheduled to perform their posted job if they are the senior employee on shift holding that posted position.

  2. A relief posting shall be used when the Company perceives the need for training to cover vacant jobs created by time off, scheduling, sickness, increased work load or for reasons in which the employee holding the permanent posting will not be able to fill their position. The employee so trained will be expected to fill these positions when scheduled or directed.

    Crewing shall be done in rank order:

    1. senior posted
    2. relief posted
    3. senior capable
3.07 - POSTING PROCEDURE

1. NOTICE

  1. Whenever a job posting is available in any of the departments, the Company shall post a standard notice on the posting bulletin board for at least five (5) production days soliciting the names of employees who wish to apply to fill such posting.

  2. The standard notice on the bulletin board shall specify:

    1. The type of job posting (permanent or relief)

    2. The job available

    3. The qualifications required

    4. The rate of pay, job description and the approximate conditions of temperature, humidity, and general environment to which the employee will be exposed

    5. The number of positions available

  3. Any union employee covered by this agreement may sign the job posting.

  4. The Union committee shall receive a copy of the signed posting upon its removal from the bulletin board.

  5. A “running” job posting sheet will be posted on the bulletin board indicating posted date, removal date and employee selected. If the company wishes they may remove items which have been on this sheet for more than a period of two (2) months.

2. POSITIONS

  1. The maximum number of postings that can be held by any worker are:

    1. 1 permanent and 2 relief postings;
      or
    2. 3 relief postings

    For the purpose of this section, Lead Hand will be treated as a permanent posting.
3. SELECTION

  1. In cases involving relief postings, the posting shall be filled, within reason, by the senior applicant.

  2. In cases involving permanent postings, the Company will select the most senior employee who suits the training requirement and or qualifications needed after consulting with the Union.

  3. In the event differences arise which cannot normally be settled, as to which of the applicants should be given a trial to fill the job posting, the matter shall, within three (3) days after the said differences arise, be dealt with Article 13.03 starting with STEP 3 thereof.

  4. Notwithstanding the foregoing, it is understood and agreed that employees who voluntarily give up a Job Posting will not permitted to repost on that job for a period of twelve (12) months unless otherwise agreed between the Company and the Union. If reposting has been accepted, the Company and the Union will establish the retraining time frame.

4. TRAINING AND TRIAL PERIOD

  1. The person selected shall be given a reasonable training period to learn the job. The minimum training period will not be less than twenty-four (24) hours (or the equivalent of three (3) shifts) for machine operation in which the primary function of this training will be the safety aspects of the job or eight (8) hours (or the equivalent of one (1) shift) for a utility position. In either case this timeline may be altered as discussed and agreed in consultation with the union. The company shall work with the union to increase its training guidelines.

    It is agreed and understood that the employee will be supernumerary during the training period, with the exception of training on the Kegger.

  2. Employees accepted for postings will have thirty (30) days during which they have the right to turn down the posting and return to their former job after completion of the prescribed training period.

  3. Upon completion of said training period, employees shall be granted up to a thirty (30) production day trial period to prove their suitability. In cases of unsuitability, the department shop steward shall receive prior notification.

  4. The person selected shall be transferred to the posted job (Permanent) within twenty (20) working days provided that there is a replacement available. The transfer shall not be delayed longer than ninety (90) days unless otherwise agreed to between the Union and the Company.

  5. An employee absent from work for not more than three (3) weeks will have the right to apply within five (5) days of their return to work, but this need not delay filling the job within the period.

  6. In the event of unsuitability, or the exercising of rights in Article 3.07,4.(b), the selection process will start again with the same sign up list that the original employee was selected from.

  7. Employees who, by reason of physical deficiency are required to transfer from their present job will retain their plant seniority.

    In all cases where it is necessary to transfer an employee for the aforementioned reason, the Company and the Union will mutually decide on the job to which the employee will be transferred.

  8. Employees selected for posting (Relief) will begin their training as soon as possible after the date of being awarded the position.

3.08 - SENIORITY RESPECTING OVERTIME
  1. In the event it is necessary to work unforeseen overtime, the following selection process will apply to those employees who are able to perform the duties required in order of their plant seniority.

    1. The employee performing that job will be asked first.

    2. Employees working in the department

    3. Employees working in the plant

    4. Employees not on shift

  2. In the event the employer wishes to schedule overtime shifts on Saturdays, or Statutory Holidays, which fall in that week, employees who are able to do the work required will be asked, in order of their plant seniority in the following manner:

    1. Employees who have not had the opportunity to work 25 hours in the week just ended due to layoff.

    2. Employees working in the department concerned.

    3. Plant wide.

  3. In the event the employer wishes to schedule overtime shifts on Sundays, employees who are able to do the work required will be asked in order of their plant seniority.

    1. Employees working in the department concerned.

    2. Plant wide.

3.09 - TRANSFER OUTSIDE THE BARGAINING UNIT

If a Union member accepts employment with the Company in a classification outside the bargaining unit, he shall retain his seniority for a period not to exceed ninety (90) days from the date he accepts such employment.


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