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ARTICLE 8 - CASUAL EMPLOYEES

 

 
 

CASUAL EMPLOYEES 

            Article 8

8.01      - Purpose         

8.02      - Method of Payment     

8.03      - Benefits         

8.04      - Seniority and Recall    

8.05      - Annual Vacation         

8.06      - Designated Paid Holidays        

8.07      - Availability      

8.08      - Casual Recall Procedures



8.01 - Purpose

Casual employees are maintained at appropriate locations in order to supplement the regular establishment.

 

8.02 - Method of Payment

(a)        Casual employees shall be paid on an hourly basis, rounded to the next higher one-half hour.

(b)        Notwithstanding clause 16.04, hours of work for casual employees shall be no more than 15 consecutive days of work in a 21 day period.

(c)        Casual employees are entitled to overtime rates for work in excess of standard daily hours, or scheduled hours for Northern Islands, outlined in Articles 16 and 29.

(d)        Casual employees working on 10-hour vessels shall be paid at the daily rate for all regularly scheduled 10-hour shifts worked. The daily rate is to be basic pay plus differential. This clause does not apply to casual employees covered by the hours of work under clause 16.04.

(e)        Overtime for working on a day of rest shall apply to casual employees, as follows:

1.      Casual employees who are assigned to follow shift schedules are entitled to the days of rest appropriate to the particular shift pattern. Work performed on days of rest shall be considered overtime in accordance with clause 18.02(c)2. Where the Company anticipates that a casual employee will follow a shift schedule, s/he shall be advised accordingly.

2.      Casual employees not assigned to follow a work schedule as outlined in clause 8.02(e)1. and who work in excess of 21 days in a calendar month shall be paid at overtime rates.

3.      Casual employees assigned to work aboard a northern vessel shall be paid overtime rates for work in excess of the equivalent of 21 days per month, unless assigned to work a 14-on-14-off schedule. The Company is not obligated to recall a casual employee who has worked an equivalent of 20 days in a month. A casual employee is not entitled to overtime for working in excess of the 21 day threshold if it is necessary to complete one round trip.

4.      For casual employees working in the Northern Islands, clause 16.04(i) applies.

5.      Casual employees are not entitled to recall on days of rest.

 

8.03 – Health and Welfare Benefits– Casual Employees

(a)        Effective April 1, 2007 casual employees hired prior to the Ready Award (October 15, 2004) shall, after working 1827 hours qualify for Health and Welfare and STIIP Benefits and Special Leaves (Article 26) upon satisfying the same eligibility requirements as the ‘grandfathered casuals’ under the Ready Award.

(b)        Casual employees shall participate in the Public Service Pension Plan in accordance with the plan eligibility rules.

(c)        Casual employees shall qualify for the following benefits after having worked 1827 hours:

1.      Basic medical insurance (clause 23.03);

2.      Extended health care plan (clause 23.04);

3.      Dental plan (clause 23.05);

4.      Group Life Insurance Plan (clause 23.06);

5.      Bereavement Leave (clause 26.01)

(d)        A casual employee who is eligible for benefits shall be eligible for a maximum of six (6) days per year due to sickness and disability, pro-rated in the year that they are attained.

(e)        A casual employee who does not receive an isolation allowance shall cease to be entitled to Health and Welfare Benefits when s/he fails to maintain 913 hours worked at basic pay during each 12 month period from his/her initial qualification for benefits. Benefits shall subsequently be reinstated when the casual employee achieves 913 hours worked at basic pay within a 12 month period.

(f)         A casual employee who is in receipt of isolation allowance shall cease to be entitled to Health and Welfare Benefits when s/he fails to maintain 457 hours worked at basic pay during each 12 month period from his/her initial qualification for benefits. Benefits shall subsequently be reinstated when the grandparented casual employee achieves 457 hours worked at basic pay within a 12 month period

(g)        Casual employees who are not eligible for benefits shall be paid ten point two (10.2%) per cent of their regular pay in lieu of Annual Vacations, General Holidays, applicable statutory requirements and all the other benefits and perquisites of the Agreement for which they are ineligible.


8.04 - Seniority and Recall

(a)        A casual employee shall be recalled for work at his/her point of assembly based on his/her current standing on the recall list subject to his/her ability to meet the requirements of the job.

(b)        If a casual employee changes his/her point of assembly s/he shall retain his/her service seniority. His/her recall order at the new point of assembly shall be determined by the first day for which pay is received at the new point of assembly.

(c)        A casual employee shall continue to accrue service seniority on approved leaves of absence of less than 30 days.

(d)        A casual employee shall be terminated if s/he works less than 240 hours during the preceding twelve month period. Included within the 240 hours is the time a casual employee would have worked when on an approved medical or education leave.

 

8.05 - Annual Vacation

(a)        A grandparented casual employee shall receive vacation pay at a rate of six per cent of his/her basic pay on each paycheque, or at his/her written request by November 30th for the subsequent calendar year, accumulated vacation pay once per year.

(b)        All casual employees who have been assigned to regular duty for a period which is expected to be in excess of 30 working days may request annual vacation to be taken during that period. The leave itself shall be without pay. The casual shall be returned to his/her assigned temporary duty upon the completion of his/her vacation period, provided the temporary assignment is still available.

 

8.06 - Designated Paid Holidays

(a)        A grandparented casual employee who works fifteen (15) days in the calendar month prior to a designated paid holiday shall be entitled to an average day’s pay for the designated paid holiday. The average day’s pay is calculated by dividing the basic pay earned, in the 30 day period prior to the designated paid holiday, by the number of days worked.

(b)        A grandparented casual employee who works fewer than fifteen (15) days in the calendar month prior to a designated paid holiday shall be entitled to pro-rated pay for the designated paid holiday. This pro-rated pay is calculated by dividing the basic pay earned, in the appropriate calendar month, by fifteen (15).

(c)        A casual employee who works on a designated paid holiday shall be compensated at the applicable overtime rate as outlined in Article 19.

 

8.07 - Availability

(a)        A casual employee shall normally be contacted during the periods of 0445 hours to 1345 hours and 1700 hours to 2000 hours, for the purpose of receiving work assignments.

(b)        To meet short notice requirements or emergency situations, employees may be contacted outside the above mentioned hours, but failure to contact shall not be considered as unavailability.

(c)        A casual employee shall not be disciplined for being unavailable for assignments when the unavailability arises from illness, Union leave, medical appointments or special leaves under Article 26.

 

8.08 - Casual Recall Procedures

(a)        A casual employee is responsible for advising the Company in writing of a single contact number for recall purposes.

(b)        When attempting to contact a casual employee for a work assignment, other than a short-notice requirement, the following procedure shall be used:

1.      The employee’s contact number shall be called. If there is no answer, the number shall be redialled to ensure accuracy.

2.      If the attempt to contact the employee is unsuccessful, a record of the date and time of the attempt shall be made.

(c)        A casual employee may request in writing a period(s) of time during which s/he is unavailable for work. Through mutual agreement with the Company, the casual employee shall be booked off and shall not be subject to recall for the period(s) specified.

(d)        Short-notice is defined as recall which occurs within two hours of the start of a work assignment.

(e)        Work assignments that are less than the scheduled daily hours shall be initially scheduled after work assignments which are equal to the scheduled daily hours. Once work assignments are initially scheduled, the Company shall not be required to alter these assignments.