ARTICLE 1 - PREAMBLE AND DEFINITIONS

1.02 - Definitions**

1.03 - Future Legislation

1.04 - No Other Agreement

1.05 - Employer’s Rights

1.06 - Board of Directors

1.08 - Employees’ Statutory Rights**

1.09 - Workplace Harassment and Human Rights**

1.10 - Technical Information

1.11 - Verbal, Psychological and/or Physical Abuse of Employees

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1.01 - Purpose of Agreement

The purpose of this Agreement is to maintain harmonious and mutually beneficial relationships between the Employer, the employees, and the Union; to set forth certain terms and conditions of employment relating to remuneration, hours of work, employee benefits, and general working conditions affecting employees covered by this Agreement; and to ensure all reasonable measures are provided for the safety and occupational health of the employees, as set forth in appropriate statutes; and to safeguard the ability of the Employer to provide efficient service to the traveling public.
 

1.02 - Definitions**

Active Service means days worked by an employee and days on which an employee is absent but is in receipt of pay.
 

Apprentice means a regular employee in training for a provincially approved trades qualification or for a fourth class motor certificate.

Basic Pay means the rate of pay shown in Appendix "C" as "basic monthly".

Call-back is in force where an employee has left his/her work location at the end of his/her regularly scheduled shift, and before the start of his/her next regularly scheduled shift is called back to work. However, where an employee is advised that s/he shall be required to work a full shift on a future day that is not a scheduled work day, a "call-back" is not in effect and overtime conditions shall apply.

Child is deemed to include a ward of the Superintendent of Child Welfare (i.e. foster child). For the purposes of clause 26.02(a) 8 and 26.03, ‘child’ means a person under the age of 19 or an adult who is physically and/or mentally handicapped and dependent on his/her parents.

 

Day of rest, in relation to an employee, means a day other than a holiday on which an employee is not ordinarily required to perform the duties of his/her position. This does not include employees on a leave of absence.

 

Demotion means a change from an employee's position to one with a lower basic pay.

 

Double-time means twice the straight-time rate.

 

Double-time and one-half means two and one-half times the straight-time rate.

 

Employee means a member of the bargaining unit.

 

Employer means the British Columbia Ferry Corporation.

 

Holiday means the 24 hour period commencing at 0001 hours of a day designated as a paid holiday in this Agreement.

 

Intra-terminal transfer is one which involves no change of location or classification.

 

Lateral transfer refers to the movement of an employee from one location to another which does not constitute a demotion or promotion.

 

Overtime means work performed by an employee in excess or outside of standard work hours as outlined in this Agreement under hours of work.

 

Promotion means a change from an employee's position to one with a higher basic pay.

 

Regular employee means an employee who is appointed to a position that is not a temporary position.

 

Regular pay means basic pay plus isolation allowance, IFA/OFA allowance and certificate allowance.

 

Rest period is a paid interval which is included in the work day and is intended to give the employee an opportunity to have refreshments or rest.

 

Shift schedule is a pattern of days on and days off.

 

Spouse includes a common-law spouse, where the employee and common-law spouse have cohabited for at least 12 consecutive months or less than 12 months where the employee has contributed significantly to the support of the children of the common-law spouse. Spouse includes same sex partner.

 

Straight-time rate means the hourly rate of remuneration.

 

Technological change means: (a) the introduction by the Employer of equipment or material of a different nature or kind from that previously utilized; or (b) a change in the manner in which the Employer carries on its work that is directly related to the introduction of that equipment or material.

 

Term certain position** means a position created for a limited duration with a specific start and finish date. Term certain positions shall not be extended by the Employer on more than one occasion, or exceed eighteen (18) months in duration, without the consent of the Union, which consent shall not be unreasonably withheld.

 

Travel status means absence of the employee from the employee's regular point of assembly on Corporation business with the approval of the Employer.

 

Union means the B.C. Ferry and Marine Workers' Union.

 

Work day is a period of 24 consecutive hours commencing with the starting time of any shift. For the purposes of calculating compensatory overtime rates only, the time worked prior to, but adjoining a shift, shall be deemed as time worked after a shift.

 

Work unit**, for the purposes of substitution and vacation scheduling, shall be defined as follows:

 

(a) Head Office - The following shall constitute separate work units:

1. All clerical staff of the Pay Office;

2. All clerical staff of the Revenue Section;

3. All clerical staff of the Accounts Section;

4. All clerical staff of the Accounts Payable Section;

5. All clerical staff of the Corporate Marketing Group, except the Reservation Centre;

6. All clerical staff of the Reservation Centre;

7. All data entry operators of the Data Centre;

8. All secretarial staff and other clerical staff.

 

(b) Other Clerical Locations - For clerical and secretarial staff at points of assembly away from Head Office, the following shall constitute work units:

1. All non-secretarial staff;

2. All secretarial staff.

 

(c) All others - For the purposes of substitution, per watch or shift in:

1. Deck;

2. Catering (including Galley);

3. Engineering;

4. Shore (excluding clerical);

5. Trades.

 

(d) For all other purposes, the work unit shall be defined as a terminal, office or workshop.

 

1.03 - Future Legislation

In the event that any future legislation renders null and void or materially alters any provision of this Agreement, the remaining provisions shall remain in effect for the term of the Agreement, and the parties hereto shall negotiate a mutually acceptable provision to be substituted for the provision so rendered null and void or materially altered. If the parties are unable to agree, the unresolved issues shall be submitted for resolution to an interest dispute arbitration board convened in accordance with clause 5.02 of this Agreement.

 

1.04 - No Other Agreement

No employee covered by this Agreement shall be required or permitted to make a written or oral agreement with the Employer or its representatives which conflicts with the terms of the Agreement without the written consent of the parties to this Agreement.

 

1.05 - Employer’s Rights

The Union acknowledges that the management and direction of employees in the bargaining unit

is retained by the Employer except as this Agreement otherwise specifies.

 

1.06 - Board of Directors

(a) Where a vacancy or vacancies on the Board of Directors arise and there are not already two Union nominees on the Board, the Employer agrees to request the Lieutenant Governor-in-Council to appoint up to two Union nominees from a list submitted by the Union to fill the vacancy/vacancies. In any event, the maximum number of Union nominees on the Board of Directors at any one time shall not exceed two. It is agreed that members or officers of the Union shall be entitled to sit on the Board of Directors as the Union's nominees.

 

(b) Pending appointment, Union nominees shall be entitled to attend all meetings of the Board of Directors as observers.

 

1.07 - Conflict with Corporate Directives

In the event that there is a conflict between the contents of this Agreement and any directive made by the Employer, this Agreement shall take precedence over the said directive.

 

1.08 - Employees’ Statutory Rights**

The following statutes shall be considered to be an inherent part of this Agreement:

1. Human Rights Code

2. Workers’ Compensation Act

3. Labour Relations Code

4. Elections Act

5. Canada Elections Act

6. Employment Insurance Act

7. Canada Shipping Act

8. Employment Standards Act

 

1.09 - Workplace Harassment and Human Rights**

(a) The British Columbia Ferry Corporation and the British Columbia Ferry and Marine Workers’ Union are committed to a working environment which ensures and promotes the dignity of all employees. In furthering this objective, the parties agree that violations of the Human Rights Code, workplace and sexual harassment shall be grounds for the imposition

of discipline pursuant to Article 6 of this Agreement.

 

(b) Workplace harassment is defined as abusive, intimidating, or demeaning treatment of a person or group of persons that has the effect or purpose of unreasonably interfering with a person’s or group’s status or performance or creating a hostile or intimidating working environment when:

1. such conduct abuses the power one person holds over another or misuses authority;

2. such conduct has the effect or purpose of offending or demeaning a person or group of persons on the basis of race, colour, ancestry, place of origin, religion, family status, marital status, physical or mental disability, age, sex, or sexual orientation, or because that person has been convicted of a criminal or summary conviction offense that is unrelated to the employment of that person; or 3. such conduct has the effect or purpose of seriously threatening or intimidating a person.

 

(c) Sexual harassment is a specific type of workplace harassment and is defined as unwelcome sexual advances, requests for sexual favours or other verbal or physical conduct of a sexual nature when:

1. submission to such conduct is made either explicitly or implicitly a term or condition of employment; or

2. submission to or rejection of such conduct is used as the basis for employment or employment decisions affecting that employee; or

3. such conduct has the effect or purpose of unreasonably interfering with an employee’s work performance or creating an intimidating, hostile, or offensive work environment.

 

(d) Before proceeding to a formal complaint mechanism, an employee who believes s/he has a complaint of harassment or who alleges a violation of the Human Rights Code may approach one or more of the following, to discussing a means of resolving the matter:

1. his/her immediate supervisor

2. a shop steward or other Union representative

3. an Employee Assistance Counselor; or

4. an Employer representative

 

(e) If the complainant wishes to file a formal complaint, s/he may write a letter of complaint to the Vice President, Human Resources or file a grievance under Article 4. Where the individual receiving such grievance is directly involved in the matter complained of, the grievance shall be submitted to the next step. Where the Vice President of Human Resources is directly involved in the matter complained of, the letter or grievance, as applicable, shall be submitted to the Chief Executive Officer of the Corporation.

 

1.10 - Technical Information

The Employer agrees to provide to the Union such information that is available relating to employees in the bargaining unit as may be required by the Union for collective bargaining purposes. It is understood that such data shall not include any information only released in the legislative process.

 

1.11 - Verbal, Psychological and/or Physical Abuse of Employees

(a) The Employer recognizes that its employees may be subject to verbal, psychological and/or physical abuse.

 

(b) The Employer shall take positive action to ensure that its employees are safeguarded from verbal, psychological and/or physical abuse by taking appropriate action including the provision of appropriate training programs for employees and posting information bulletins and notices in conspicuous places.