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Article 28
Hours of Work and Overtime

28.01 Hours of Work

(a) Except as provided for in clause 28.03, the normal work week shall be thirty-seven decimal five (37.5) hours exclusive of lunch periods, comprising five (5) days of seven decimal five (7.5) hours each, Monday through Friday. The work day shall be scheduled to fall within a nine (9)-hour period between the hours of 6:00 a m. and 6:00 p.m., unless otherwise agreed in consultation between the Association and the Employer at the appropriate level.

(b) An employee normally shall be granted two (2) consecutive days of rest during each seven (7)-day period unless operational requirements do not so permit.

(c) Subject to operational requirements as determined from time to time by the Employer, an employee shall have the right to select and request flexible hours between 6:00 a.m. and 6:00 p.m.

(d)

(i) Notwithstanding the provisions of this Article, upon request of an employee and the concurrence of the Employer, an employee may complete his or her weekly hours of employment in a period other than five (5) full days provided that over a maximum period of twenty-eight (28) calendar days the employee works an average of thirty-seven decimal five (37.5) hours per week. As part of the provisions of this clause, attendance reporting shall be mutually agreed between the employee and the Employer. In every period up to a maximum of twenty-eight (28) days, such an employee shall be granted days of rest on such days as are not scheduled as a normal workday for the employee.

(ii) Notwithstanding anything to the contrary contained in this Agreement, the implementation of any variation in hours shall not result in any additional overtime work or additional payment by reason only of such variation, nor shall it be deemed to prohibit the right of the Employer to schedule any hours of work permitted by the terms of this Agreement.

(e) Employees may be required to submit monthly attendance registers; only those hours of overtime and absences need be specified.

28.02 Employees covered by paragraph 28.01(c) shall be subject to the variable hours of work provisions established in this Agreement.

28.03 For employees who work on a rotating or irregular basis:

(a) Normal hours of work shall be scheduled so that employees work:

(i) an average of thirty-seven decimal five (37.5) hours per week and an average of five (5) days per week,

and either

(ii) seven decimal five (7.5) hours per day,

(iii) an average of seven decimal five (7.5) hours per day where so agreed between the Employer and the majority of the employees affected.

(b) Every reasonable effort shall be made by the Employer:

(i) not to schedule the commencement of a shift within eight (8) hours of the completion of the employee's previous shift;

(ii) to avoid excessive fluctuations in hours of work;

(iii) to consider the wishes of the majority of employees concerned in the arrangement of shifts within a shift schedule;

(iv) to arrange shifts over a period of time not exceeding fifty-six (56) days and to post schedules at least fourteen (14) days in advance of the starting date of the new schedule;

(v) to grant an employee a minimum of two (2) consecutive days of rest.

(c) The Employer shall make every reasonable effort to schedule a meal break of one-half (1/2) hour during each full shift which shall not constitute part of the work period. Such meal break shall be scheduled as close as possible to the midpoint of the shift, unless an alternate arrangement is agreed to at the appropriate level between the Employer and the employee. If an employee is not given a meal break scheduled in advance, all time from the commencement to the termination of the employee's full shift shall be deemed time worked.

(d) Where an employee's scheduled shift does not commence and end on the same day, such shift shall be considered for all purposes to have been entirely worked:

(i) on the day it commenced where half or more of the hours worked fall on that day,

(ii) on the day it terminates where more than half of the hours worked fall on that day.

Accordingly, the first day of rest will be considered to start immediately after midnight of the calendar day on which the employee worked or is considered to have worked the employee's last scheduled shift; and the second day of rest will start immediately after midnight of the employee's first day of rest, or immediately after midnight of an intervening designated paid holiday if days of rest are separated thereby.

General

28.04 An employee's scheduled hours of work shall not be construed as guaranteeing the employee minimum or maximum hours of work.

28.05 The Employer agrees that, before a schedule of working hours is changed, the change will be discussed with the appropriate representative of the Association, if the change will affect a majority of the employees governed by the schedule.

28.06 Provided sufficient advance notice is given and with the approval of the Employer, employees may exchange shifts if there is no increase in cost to the Employer.

28.07 If an employee is given less than seven (7) days' advance notice of a change in the employee's shift schedule, the employee will receive a premium rate of time and one-half (1 1/2) for work performed on the first shift changed. Subsequent shifts worked on the new schedule shall be paid for at straight time. Such employee shall retain his or her previously scheduled days of rest next following the change or if worked, such days of rest shall be compensated in accordance with the overtime provisions of this Agreement.

28.08 Two (2) rest periods of fifteen (15) minutes each shall be scheduled during each normal day for non-operating employees. The Employer agrees, where operational requirements permit, to continue the present practice of providing rest periods for operating employees.

28.09 Assignment of Overtime Work

Subject to the operational requirements of the service, the Employer shall make every reasonable effort:

(a) to allocate overtime work on an equitable basis among readily available, qualified employees,

and

(b) to give employees who are required to work overtime adequate advance notice of this requirement.

28.10 Subject to operational requirements, the Employer shall make every reasonable effort to avoid excessive overtime.

28.11 When an employee is required by the Employer to work overtime, the employee shall be compensated for each fifteen (15)-minute period as follows:

(a) on the employee's normal work day, at the rate of time and one-half (1 1/2) for the first seven decimal five (7.5) hours of overtime worked and at the rate of double (2) time for all hours of overtime in any contiguous period in excess of the first seven decimal five (7.5) hours;

(b) on the employee's first day of rest, at the rate of time and one-half (1 1/2) for the first seven decimal five (7.5) hours of overtime worked and at the double (2) time rate for each contiguous hour thereafter;

(i) at the basis of double (2) time for each hour of overtime worked. Second or subsequent day of rest means the second or subsequent day in an unbroken series of consecutive and contiguous calendar days of rest;

(ii) notwithstanding paragraph (b) and subparagraph (c)(i) above, if, in an unbroken series of consecutive and contiguous calendar days of rest, the Employer permits the employee to work the required overtime on a day of rest requested by the employee, then the compensation shall be at time and one-half (1 1/2) for the first day worked.

28.12

(a) If an employee is given instructions before the beginning of the employee's meal break or before the midpoint of the employee's workday whichever is earlier, to work overtime on that day and reports for work at a time which is not contiguous to the employee's work period, the employee shall be paid for the time actually worked, or a minimum of two (2) hours' pay at straight time, whichever is the greater.

(b) If an employee is given instructions, after the midpoint of the employee's workday or after the beginning of the employee's meal break whichever is earlier, to work overtime on that day and reports for work at a time which is not contiguous to the employee's work period, the employee shall be paid for the time actually worked, or a minimum of three (3) hours' pay at straight time, whichever is the greater.

28.13 Meal Allowance

(a) An employee who works three (3) or more hours of overtime immediately before or immediately following his or her scheduled hours of work, and who has not been notified of the requirement prior to the end of last scheduled work period, shall be reimbursed for one meal in the amount of ten dollars and fifty cents ($10.50), except where free meals are provided.

(b) When an employee works overtime continuously extending four (4) hours or more beyond the period provided in (a) above, the employee shall be reimbursed for one additional meal in the amount of ten dollars and fifty cents ($10.50), except where free meals are provided.

(c) Reasonable time with pay, to be determined by the Employer, shall be allowed the employee in order to take a meal break either at or adjacent to the employee's place of work.

(d) This clause shall not apply to an employee who is in travel status which entitles the employee to claim expenses for lodging and/or meals.

28.14

(a) Overtime shall be compensated in cash except where, upon request of an employee and with the approval of the Employer, overtime may be compensated in equivalent leave with pay.

(b) The Employer shall grant compensatory leave at times convenient to both the employee and the Employer. Compensatory leave with pay not used by the end of the fiscal year shall be paid in cash at the employee's hourly rate of pay as calculated from the classification prescribed in the employee's certificate of appointment at that date. An employee may elect to carry over into the next fiscal year up to a maximum of thirty-seven decimal five (37.5) hours of unused compensatory leave.

(i) bereavement leave with pay as per clause 21.02,

(ii) leave with pay as per clause 21.12 because of illness in the family on production of a medical certificate,

(iii) sick leave on production of a medical certificate as per Article 22,

the period of compensatory leave so displaced shall either be added to the period of compensatory leave, if requested by the employee and approved by the Employer, or reinstated for use at a later date.

28.15 The Employer will endeavour to make cash payment for overtime earned under this Article within six (6) weeks following the end of the pay period in which the record of the hours of overtime was submitted.

28.16 When an employee is required to work either continuous or non-contiguous overtime, time spent by the employee reporting to or returning from work shall not constitute time worked.

Article 29
Reporting Pay

29.01 When an employee is required to report and reports to work on a day of rest, the employee is entitled to a minimum of three (3) hours pay at the applicable overtime rate.

29.02 Payments provided under Article 31, Call-Back Pay, and Article 29, Reporting Pay, shall not be pyramided; that is, an employee shall not receive more than one compensation for the same service.

29.03 Other than when required by the Employer to use a vehicle of the Employer for transportation to a work location other than the employee's normal place of work, time spent by an employee reporting to work or returning to the employee's residence shall not constitute time worked.

29.04 The minimum payment referred to in clause 29.01 above, does not apply to part-time employees. Part-time employees will receive a minimum payment in accordance with B.12 (Appendix "B") of this Agreement.