|Question ||Answer |
|If an employee is called in for a disciplinary or investigation meeting, on a day they are not scheduled to work, what rate of pay are they compensated at?
||Employees are paid for time spent in the meeting at the applicable rate of pay. Full time employees are paid at the overtime rate, and part-time employees, who have not worked beyond the full time hours, are paid at the basic rate of pay. |
|If an AUPE Membership Services Officer is representing an employee at a disciplinary meeting, and the Union Steward also attends, do they still get paid for this time?
||Yes, the collective agreement allows for a Union Steward to be accompanied by a union representative at these meetings. |
|Are temporary employees covered under the seniority provisions in Article 15?
||Yes, under Article 15 seniority has been amended to include temporary employees. |
|The amended Article 17, Promotions and Transfers, states that first consideration must be given to employees in the bargaining unit. Does this mean that a manager can’t hire an external candidate as long as there are qualified internal candidates?
||No, it does not. The new provision states that first consideration must be given to employees in the bargaining unit subject to 17.04. 17.04 states that “in making promotions and transfers, experience, qualifications, requisite job related skills, abilities and other relevant attributes applicable to the position shall be the primary consideration.” Therefore, if an external applicant scores higher than the internal applicants and is not relatively equal to the internal applicants, then the manager can hire the external applicant. Only where the internal and external applicants are relatively equal can the manager hire the internal applicant. |
|If a regular employee applies for a temporary position, can their current manager require the employee to “resign” from their current position so that the manager can post and fill the employees regular position?
||No, they cannot. The Collective Agreement states that where a Regular Employee is successful on a Temporary position, at the conclusion of that temporary position, the employee shall be returned to their former position, and if that is not possible, the Employee must be returned to another suitable position. |
|Under the sick leave provisions, can an employee who has exhausted their sick leave take vacation if they become ill and have to miss work?
||No. the Employee must be coded as sick leave however the Employee may request a payout of their vacation bank or other banks to compensate them for their reduced earnings until they have qualified for Short term disability. |
|If an employee working an extended 11.08 hour shift requires a day off for special leave, how many days of special leave will that employee have remaining in their bank?
||Under the amended special leave provisions, employees have 4 occasions of special leave per year. In the example above, the Employee would have 1 occasion deducted from their bank and be paid for 11.08 hours if they need the whole shift off for special leave. Another example where an employee normally works 5 hours per day requires the day off for special leave, that employee would be paid for their regular shift of 5 hours and have 1 occasion deducted from their special leave bank. |
|In the bereavement provisions, two additional days may be provided where travel is required. Are these 2 work days?
||Not necessarily. The bereavement provisions state that bereavement “can include normal days off and/or vacation but no additional payment is due therefore”. The 2 additional days of bereavement leave must be contiguous to the normal period of bereavement leave. If those days happen to be scheduled days off or otherwise unscheduled days, the Employee is not paid for those 2 additional days. |
|Do the 2 additional days of bereavement have to be taken within the 5 consecutive calendar days?
||No they are in addition to the 5 consecutive calendar days. Therefore if an Employee is granted 2 additional days for travel they will be entitled to 7 consecutive calendar days for bereavement. |
|Can I wear a union pin at work?
||Yes, according to the collective agreement Employees shall be permitted to wear a pin or the recognized insignia of the Union, while on duty, however, no pin or lanyard shall be worn in areas where the Employer determines there are safety concerns. No such insignia larger than a lapel pin shall be worn while on duty. No Union insignia shall be attached on the Employer’s equipment, uniforms, or sites. |
|What rights do management have?
||The Employer or management reserves all rights not specifically restricted or abrogated by the provisions of this Collective Agreement. The Union acknowledges that it shall be the exclusive right of the Employer to operate and manage its business, including the right to: 1) maintain order, discipline, efficiency and to make, alter, and enforce, from time to time, rules and regulations to be observed by an Employee, which are not in conflict with any provision of this Collective Agreement. 2) Direct the working force and to create new classifications and work units and to determine the number of Employees, if any, needed from time to time in any work unit or classification and to determine whether or not a position, work unit, or classification will be continued or declared redundant; 3) hire, promote, transfer, layoff and recall Employees. 4) Demote, discipline, suspend or discharge for just cause. |
|Where do my Union dues go and what do they pay for?
||Union dues are deducted from your pay check and the amount is around $30.00 every two weeks. The Dues are collected by the union and go towards paying for members time off when involved in barging for a new contract, filling of grievances, to attend local and provincial meetings, for AUPE office staff including lawyers, accountants, and Membership Services Officers (MSO) and renting of office space . The due also cover the cost of the education courses that are offered through AUPE. |
|Do provincial or federal statues supersede the collective agreement?
||Yes, in the event any provision of the Collective Agreement is in conflict with any present or future statute of the Province of Alberta or Canada that is applicable to the Employer, the Section so affected shall be altered or amended in a manner agreeable to both Parties so as to incorporate required changes. |
|When does the collective change and how long are they good for?
||Unless otherwise specified, amendments made to this Collective Agreement by Alberta Health Services and the Alberta Union of Provincial Employees, will be in force and effect up to and including March 31, 2014, unless |
(1) Settlement is agreed upon and a new Collective Agreement ratified.
(2) a settlement is not agreed upon, then this Collective Agreement shall remain in effect until a new Collective Agreement is ratified.
A collective agreement is usually signed for 2 or 3 years with negotiations starting 6 months before the last one expires and sometimes lasting a year.
|Do part-time employees get paid at the overtime rate of pay for all additional hours worked?
||No. If a manager asks an employee to work additional hours and the employee works the additional hours, they are paid at their basic rate of pay for those additional hours worked. Part time employees are only paid overtime (2X their basic rate of pay) when they actually work overtime. For a part-time employee who is in a classification whose regular full time hours are 7.75 hrs per day, the part time employee will be paid at the 2X BROP rate for hours worked in excess of 7.75 hrs day or when the total hours worked exceeds 77.5 hours in the 14 calendar day period. |
|Does the 15.5 hours rest between shifts also apply to part-time employees who pick up additional shifts?
||No. The 15.5 hours rest between shifts only applies to an employee’s regularly scheduled shifts. |
|Can an employee bank their overtime worked on a named holiday?
||Yes, if the manager agrees to allow the employee to bank the overtime. Since employees receive 2.5X their BROP for overtime worked on a named holiday, under the amended overtime provisions, the employee would be paid at 1/5X for the overtime hours worked and be allowed to bank the overtime hours worked at 1X BROP. |
|The vacation article now limits vacation carry over to 5 days. If an employee had previously carried over vacation in accordance with the previous Vacation Article (i.e. they were able to carry a bank equivalent to 18 months earned vacation entitlement) should their vacation banks in excess of 5 days be paid out?
||No. The Collective Agreement only allows for a payout upon an employee request. If an employee does not request a payout, we are not allowed to unilaterally pay it out. Managers should be approaching employees and asking what their intentions are pertaining to their excess vacation. Agreement should be reached on when that vacation is going to be taken. If agreement can’t be reached between the manager and employee, the manager is able to schedule the employees vacation for them by giving 30 calendar days notice to the employee. |
|What is a union steward and what is their role?
||A union steward is a work site advocate, contact and friend who assists with understanding, explaining and ensuring the collective agreement is followed, and takes appropriate measures when the collective agreement is being disregarded. A union steward must be nominated and trained. A union steward |
may, at the request of an employee, accompany or represent them in the processing of a grievance with the employer. Arrangements will be made by the supervisor to permit the union steward to leave their job for this purpose with no loss of regular earnings, as soon as reasonably possible. Such approval shall not be unreasonably withheld. The local shall have the right, at any time, to assist union staff members when dealing or negotiating with the employer and when processing a grievance union.
|How do I become a union steward?
||To become a union steward you must complete the Intro the Union course offered through AUPE. To sign up for a course contact AUPE headquarters at 1-800-232-7284. After the course there is a small amount of paper work to file. This paperwork gets passed up the local executive who files it with AUPE. |
- Click here to get the paper work.
- Click here for the course schedule.
|What is the grievance procedure?
||A grievance shall be defined as any difference arising out of an interpretation, application, administration or alleged violation of this Collective Agreement. A grievance shall be categorized as follows: |
(a) an individual grievance is a dispute affecting one (1) Employee. (b) a group grievance is a dispute affecting two (2) or more Employees. (c) a policy grievance is a dispute between the Parties which, due to its nature, is not properly the subject of an individual or group grievance. Such grievance shall be initiated, in writing, within twenty (20) days of the date the aggrieved Party first became aware of or reasonably should have become aware of the event leading to the grievance. If the policy grievance is a Union grievance
(a) An Employee may be assisted and represented by a Union Steward and / or Representative when presenting a grievance.
(b) The Employer agrees that the Union Steward and/or Representative shall not be hindered, coerced or interfered with in any way in the performance of their functions while investigating disputes and presenting adjustments as provided in this Article.
(a) Should the Employee or the Union fail to comply with any time limit in the grievance procedure, the grievance will be considered to be abandoned, unless the Parties have mutually agreed in writing to extend the time limits.
(b) Should the Employer fail to comply with any time limits in the grievance procedure, the grievance shall automatically move to the next step on the day following the expiry of the particular time limit unless the Parties have mutually agreed in writing to extend the time limits.
Steps in the Grievance Procedure
(a) Step 1 (Immediate Supervisor who is not within the scope of this Collective Agreement)
An Employee who has a grievance shall first discuss the matter with her immediate supervisor and attempt to resolve the grievance at this stage. In the event that it is not resolved satisfactorily to the Employee, it may be advanced in accordance with the following steps.
(b) Step 2 (Director of the Department, or Designate)
(i) an individual grievance, within fifteen (15) days of the date the Employee first became aware of or reasonably should have become aware of the occurrence of the act causing the grievance; or
(ii) a group grievance, within fifteen (15) days of the date any of the aggrieved Parties became aware of the event or reasonably should have become aware of the event leading to the grievance;
|How long do I have to file a grievance?
||You have 15 days for an individual grievance, within fifteen (15) days of the date the Employee first became aware of or reasonably should have become aware of the occurrence of the act causing the grievance; or |
(ii) a group grievance, within fifteen (15) days of the date any of the aggrieved Parties became aware of the event or reasonably should have become aware of the event leading to the grievance; - periods of time referred to in days shall be deemed such periods of time calculated on consecutive calendar days exclusive of Saturdays, Sundays and named holidays.
|Can I have access to my personnel file and when does it become clean?
||After two (2) years of continuous service from the date the disciplinary measure was invoked, an Employee may request in writing that his official Human Resources file be cleared of any record of the disciplinary action. Such request will be granted providing the Employee's file does not contain any further record of disciplinary action, during that two (2) year period, of which the Employee is aware. The Employer will confirm in writing to an Employee eligible to have his record cleared, that such action has been effected. The Employer agrees that access to an Employee's Human Resources file shall be provided to the Employee, upon written request, once in every year. Upon written request, a griever shall be permitted to review his Human Resources file in the event of a difference or grievance upon written request, an Employee shall be given a copy of any documents in such file pertinent to the difference or a grievance. |
|What should I do if management asks to have a meeting?
||First of all, do not panic. Ask management the nature of the meeting. Is it a termination or firing, discipline, for praise or to review policy? Next, contact a Union Steward as soon as possible, as well as an MSO. You are allowed to have representation at the meeting as long as they are not minor in nature; for example, if the action does not become part of your personnel file. Each situation is different and therefore someone trained to assist you will be available to assist in determining whether or not representation is needed. If at any time the meeting leads to abuse or major discipline you can ask for the meeting to be stopped so you can be allowed to get a Union Steward. If a Union Steward is not present you may want to consider having a co-worker you trust present to listen and take notes on actions taken by management. |
|How long does my probationary period last and what rights do I have?
||A newly hired Employee shall serve a probationary period of 503.75 hours. If an Employee is unsatisfactory in the opinion of the Employer, the Employee may be dismissed or have his employment terminated, in writing, at any time during the probationary period without cause, and without notice or pay in lieu of notice. Such dismissal or termination of employment may be subject to the grievance procedure. If a probationary Employee is promoted or transfers to another classification, they shall be required to commence and serve a new probationary period of 503.75 hours. By mutual agreement in writing between the Union and the Employer, the probationary period may be extended up to a maximum 503.75 regular hours worked. During the extended period, and if in the opinion of the Employer, the Employee is found to be unsatisfactory, such Employee may be dismissed or his employment terminated, in writing, at any time during the extended period without cause. This doesn’t allow management the right to abuse, discriminate or harass the employee. |
|What is my seniority and where can I find it?
||Employees' “seniority date” shall be the date on which a Regular or Temporary Employee’s continuous service commenced within the Bargaining Unit, including all periods of continuous service as a Casual, Temporary or Regular Employee. Seniority shall not apply during the probationary period; however, once the probationary period has been completed, seniority shall be credited from the date of hire. (c) The “seniority date” for Employees hired on or before the day before the date of ratification of this Collective Agreement shall be the “seniority date” as established under the Alberta Health Services / AUPE (General Support Services) Collective Agreement that expired on March 31, 2011. |
A Regular Full-time Employee or Regular Part-time Employee who resigns from service within the Bargaining Unit and is subsequently re-employed shall have seniority only from the date of such re-employment. A Regular Full-time Employee or Regular Part-time Employee who accepts or is working in a position outside the jurisdiction of the Bargaining Unit will not accumulate seniority for this period and will have their seniority date adjusted accordingly upon returning to the Bargaining Unit. Seniority shall be considered in determining:
(a) preference of vacation time;
(b) layoffs and recalls,
(c) transfers and in filling vacancies within the Bargaining Unit.
The AHS internal website contains a seniority list that can be searched. If you need more help, please contact email@example.com for assistance.
|When is overtime paid to employees?
||If an employee is recalled to duty during a meal break or rest period, compensating time shall be provided later in the shift or paid to the employee at overtime rates or 1x basic rate if it was a paid break. If an employee is asked to stay longer than there scheduled hours in a given shift they will be paid overtime. If an Employee works over 44 hours in a pay period. |
|What is the shift differential and for what hours is it paid?
||Evening Shift Differential
A shift premium of $2.50 per hour shall be paid:
(a) to Employees working a shift where the majority of such shift falls within the period fifteen hundred (1500) hours to twenty-three hundred (2300) hours; or
(b) to Employees for each regularly scheduled hour worked between fifteen hundred (1500) hours to twenty-three hundred (2300) hours, provided that greater than two (2) hours are worked between fifteen hundred (1500) hours to twenty-three hundred (2300) hours; (c) to Employees for all overtime hours worked which fall within the period of fifteen hundred (1500) hours to twenty-three hundred (2300) hours.
Effective May 1, 2013 the above differential shall be two dollars and fifty cents ($2.50) per hour.
Effective November 1, 2013 the above differential shall be two dollars and seventy-five cents ($2.75) per hour.
26.02 Night Shift Differential
A shift differential of three dollars ($3.00) per hour shall be paid:
(a) to Employees working a shift where the majority of such shift falls within the period of twenty-three hundred (2300) hours to zero seven hundred (0700) hours provided that greater than two (2) hours are worked between twenty-three hundred (2300) hours and zero seven hundred (0700) hours; or
(b) to Employees for each regularly scheduled hour worked between twenty-three hundred (2300) hours to zero seven hundred (0700) hours provided that greater than two (2) hours are worked between twenty-three hundred (2300) hours and zero seven hundred (0700) hours.
(c) to Employees for all overtime hours worked which fall within the period between twenty-three hundred (2300) hours to zero seven hundred (0700) hours.
Effective January 1, 2013 the above differential shall be three dollars and fifty cents ($3.50) per hour.
Effective June 1, 2013 the above differential shall be four dollars and fifty cents ($4.50) per hour.
Effective November 1, 2013 the above differential shall be five dollars ($5.00) per hour.
26.03 Weekend Premium
A weekend premium of two dollars and twenty-five cents ($2.25) per hour shall be paid:
(a) to Employees working a shift wherein the majority of such shift falls within the sixty-four (64) hour period commencing at fifteen hundred (1500) hours on a Friday; or
(b) to Employees working each regularly scheduled hour worked after fifteen hundred (1500) hours on a Friday provided that greater than two (2) hours are worked within the sixty-four (64) hour period commencing at fifteen hundred (1500) hours on a Friday; - 42 - (c) to Employees working all overtime hours which fall within the sixty-four (64) hour period commencing at fifteen hundred (1500) hours on a Friday.
Effective April 1, 2013 the above differential shall be two dollars and seventy-five cents ($2.75) per hour.
Effective November 1, 2013 the above differential shall be three dollars and twenty-five cents ($3.25) per hour.
26.04 All premiums and differentials payable under this Article shall not be considered as part of the Employee’s Basic Rate of Pay.
26.05 Where applicable, an Employee shall be eligible to receive both shift differential and weekend premium.
|I think I should be reclassified, what can I do?
||Contact AUPE at 1-800-232-7284 and ask to speak to the union representative in charge of classifications. They can help guide you through the process. |