ARTICLE 16 - HOURS OF WORK

16.02 - Monday to Friday Operations

             I. Deas Dock and Maintenance Operations

             II. All Office Staff (except Seven-Day

                 Operations)

             III. Vessels (except Seven-Day Operations)

16.03 - Schedules - Clerical and Stores (Seven Day Operations)

16.04 - Seven Day Operations (Northern Gulf Islands)

16.05 - Dock Repair Operations

16.06 - Ten Hour Vessels

16.08 - Work Schedules

16.09 - Rest Periods and Meal Breaks

16.10 - Flex-Time/Modified Work Week (Clerical)

16.11 - Personal Clean-Up Time

16.12 - Building Service Workers - Deas Dock

16.13 - Job Sharing

16.01 - Seven Day Operations (except for clause 16.03)

(a) The standard daily hours, inclusive of meal and rest periods, shall be as follows:

1. eight hours for all Deck, Catering and Engineering personnel; 

2. seven and one-half hours for all other employees, except as otherwise provided in this Agreement.

 

(b) The shift schedule shall be on the basis of two days on and one day off.

 

(c) The shift schedules are inclusive of a built-in allowance for designated paid holidays.

 

(d) Regular employees covered under clause 16.01(a)1. shall, on January 1 of each year, be credited with 17 days of paid time off for working an eight hour day.

 

(e) Regular employees receiving temporary appointments to eight hour positions or from eight hour positions covered by this clause shall have their 17 day entitlement recalculated on a monthly basis.

 

(f) Employees appointed to positions covered by clause 16.01(a)1. shall have 17 days of paid time off credited on the basis of 1.42 days for each month remaining in the calendar year. These employees shall receive 1.42 days provided they work ten days in those positions in the first month. Overtime shall apply if they work less than ten days. The reverse is the case for employees leaving positions covered by clause 16.01(a)1.

 

(g) The options outlined under clause 18.14 and clause 18.15 will apply to clause 16.01(d) and clause 16.01(f).

 

16.02 - Monday to Friday Operations

 

I. Deas Dock and Maintenance Operations

(a) Monday to Friday shall be the standard work week.

 

(b) The standard daily hours shall be seven, exclusive of meal breaks.

 

(c) Number 1 Shift - 0700 to 1100 and 1130 to 1430

 

(d) Number 2 Shift - 1430 to 1830 and 1900 to 2200.

 

(e) For hull maintenance, painters, liferaft servicemen, communications technicians, electricians and refrigerator servicemen employed on or before August 1, 1981, the Number  2 Shift shall be strictly voluntary. At no time during their employment with the Corporation shall they be required to work on a Number 2 Shift after one is instituted. This

clause is a recognition that, prior to August 1, 1981, no Number 2 Shift was required for the maintenance crew.

 

II. All Office Staff (except Seven-Day Operations)

(f) Monday to Friday shall be the standard work week.

 

(g) The standard daily hours shall be seven, exclusive of meal breaks, between the hours of 0800 and 1700.

 

III. Vessels (except Seven-Day Operations)

(a) Monday to Friday shall be the standard work week.

 

(b) The standard daily hours shall be seven and one-half, inclusive of meal breaks and rest periods. Starting times and finishing times, and length of meal breaks, shall be mutually agreed at the local level.

 

16.03 - Schedules - Clerical and Stores (Seven Day Operations)

For those clerical and stores employees working continuous shift systems, the following shall apply:

1. The shift schedule shall be on the basis of two days on and one day off.

2. The work day shall be seven and one-half straight-time hours per day, exclusive of meal breaks.

3. Overtime rates shall apply to all hours worked in excess of seven and one-half straight-time hours per day.

4. Where a full-time employee is deducted sick leave pursuant to Article 23 of this Agreement, the deduction of a day shall be considered to be a seven-hour day, regardless of the length of the regularly scheduled work day.

5. Where an employee is granted vacation pursuant to Article 20 of this Agreement, and where the regularly scheduled work day is greater than seven hours per day, the annual vacation entitlement shall be converted to hours on the basis of a seven-hour day and deducted accordingly.

6. Each employee shall be credited with 77 hours in his/her vacation bank in compensation for designated paid holidays. This credit may be taken in conjunction with annual vacation or at mutually agreed times within the current leave year.

 

16.04 - Seven Day Operations (Northern Gulf Islands)

The work schedules outlined in Table "A" and the following provisions shall apply to the Northern Gulf Island routes that were amalgamated with the British Columbia Ferry Corporation on October 1, 1985.

(a) Watch schedules shall be on a 12 month basis.

 

(b) Where employees are required to remain on the vessel or at the terminal during the meal period, the meal period shall be included in the scheduled work day.

 

(c)

1. Where the length of the scheduled work day and/or shift pattern vary during the year, the Scheduled Surplus Differential (SSD) shall be based on the scheduled work day length which is in effect for each day worked.

2. Annual Scheduled Time Off (ASTO) shall be scheduled on an annual basis, taking into account expected annual variation in the length of the scheduled work day.

3. The length of the scheduled work day used in calculating the SSD shall be the average of the day, afternoon and night shift scheduled work days.

4. The SSD shall be based on the employee's basic pay and paid monthly. Any necessary adjustments shall be calculated once per year with Dec. 31 as the cut-off date.

5. Employees on educational leave or in receipt of Short Term Illness and Injury Plan benefits for a period in excess of one full watch or its equivalent shall not be entitled to SSD.

6. Adjustments to SSD payments shall be made twice per year based on the difference between SSD paid and SSD due for actual hours worked for regulars who are employed on ASTO relief.

 

(d) Where unexpected changes in the length of the scheduled work day within the year require adjustment to be made to the ASTO entitlement, such adjustment shall be made once per year with extra credits being compensated for in cash and debits being forgiven.

 

(e) On the 2:1 pattern, the minimum scheduled work day shall be seven hours; the maximum scheduled work day shall be nine and one-half hours. The minimum average scheduled work day shall be seven and one-half hours.

 

(f)

1. ASTO shall be calculated and scheduled on a calendar year basis and except as provided in 2. below, scheduled on a seniority-based employee preference scheme to ensure full-time employment of all regularly appointed ASTO relief employees. No employee shall exercise his/her seniority for more than one continuous period of ASTO per year.

2. Where the Employer can demonstrate that the ASTO scheduled on a yearly basis does not meet the requirements of ensuring full-time employment as in 1. above, the following scheduling system shall be utilized:

i) Each employee shall indicate on the incomplete block time-off schedule, at least eight weeks prior to the start of the scheduling, his/her preference.

ii) Where more than one employee of the same classification has scheduled ASTO at the same time and the employees cannot resolve it between them, the senior employee may exercise his/her seniority rights.

iii) No employee shall be permitted to exercise his/her seniority in more than one block per year and more than once in that block.

iv) The Employer reserves the right to schedule ASTO on a reverse seniority basis where no employee chooses ASTO pursuant to this paragraph.

v) No employee shall be forced to take more than one-half of his/her ASTO entitlement in any one block.

vi) The number of blocks shall be decided by mutual agreement at the local level. There shall be a minimum of two blocks and a maximum of four blocks.

3. For each vessel, no more than one employee from each department (Deck, Engineering etc.) shall be scheduled off at any one time other than by mutual agreement or when operational requirements permit. Every attempt shall be made to

accommodate the employee's ASTO choice.

4. An employee may advise the Employer in writing once a year that s/he wishes to take additional shift blocks of annual surplus time off. Such election shall be made before November 30. This additional time off shall be debited against the Annual Excess Days Worked (AEDW). Where this option is exercised by an employee, the SSD shall be revised on the basis of the remaining AEDW, if any.

5.

i) Incomplete block time off schedules shall be circulated at least eight weeks prior to the commencement of each scheduling period.

ii) Completed block time off schedules shall be posted at least four weeks prior to the commencement of each scheduling period.

6. An employee who voluntarily transfers to another work location where the ASTO schedule has already been completed shall not be entitled to exercise his/her seniority rights with respect to that ASTO schedule in that block. However, every effort shall be made to grant ASTO at the time of the transferred employee's choice, providing that this does not result in a shortfall of hours in the regular ASTO employee's hours of work. Notwithstanding clause 16.04(h), the transferred employee shall be able to take all his/her ASTO in the calendar year.

 

(g) Overtime compensation may be taken in cash or compensatory time off. Compensatory time off may be elected twice per calendar year and taken on the following basis:

1. Compensatory time off taken must be not less than a full watch cycle unless by mutual agreement.

2. Vacation entitlement not accounted for in SSD may be added to compensatory time off and taken as per 1. above.

3. above plus 2. above shall not exceed 15 work days per year except by mutual agreement.

4. Time not taken under 1. and 2. above shall be paid in cash or accounted for under paragraph 16.04(h).

5. Time off to be taken under 1. and 2. above may be scheduled by the Employer in the final quarter of the year if no preference has been given by the employee by that time, or the employee may opt to be paid his/her outstanding balance in cash.

 

(h) The accumulation of all time (including ASTO vacation not accounted for in Table A and compensatory time off) that an employee may wish to carry over from one calendar year to the next calendar year may not exceed 15 days. This time can be combined with other time off in the next calendar year and may be taken off in half shift blocks where the working days of the shift pattern are 10 days or more. Where the working days of the shift pattern are less than 10 days, such time shall be taken in full shift blocks. Notwithstanding the above, employees shall be entitled to take time off by shift length day provided no cost accrues to the Employer.

 

(i)

1. Casual employees shall work days as required within the month.

2. Define "watch month" for casual employees as whichever of 27, 28 or 30 days is a multiple of the watch period, i.e. for a 10:5 watch period, watch month is 30 days; for a 6:3 watch period, watch is 27 days.

3. Casual employees shall be paid overtime rates for all hours worked in excess of scheduled hours for the shift on which they work.

4. Casual employees shall be paid double the straight-time rate for all scheduled hours worked in excess of 152.25 hours in the appropriate "watch month" as worked by the regular watch.

5. Casual employees who work more than 1827 hours at straight-time rates in a calendar year shall be paid the applicable overtime rates for all hours worked in excess of the 1827 hours.

6. Casual employees who complete a full shift pattern are entitled to the rest period appropriate to the particular shift pattern pursuant to Table A. Work performed on such rest days shall be considered overtime pursuant to paragraph 18.02(c)2.

7. Casual employees do not qualify for recall pursuant to Article 12 during their days of rest.

8. No employee shall start a new watch month until his/her previous watch month has ended.

 

(j)

1. The length of the scheduled shift (work day) and the shift pattern (watch) may vary within the year to meet operational requirements.

2. Shift changes for employees required to be with a vessel during annual refit shall be made to make scheduled work days coincide with refit work days which are based on the hours of work at the applicable shipyard.

3. Employees required to deliver a vessel to and from refit shall be paid applicable overtime rates for hours worked in excess of their regularly scheduled work day. Where the return delivery job abuts a refit work day, then the length of that refit work day shall be used as the length of the work day.

4. Shipyard hours shall commence on the first work day at the shipyard and conclude on the last day at the shipyard.

5. Employees required to be with the vessel at refit shall work their regular shift up to the commencement of refit. Such employees shall resume their regular shift upon the completion of refit.

6. The actual hours worked during refit shall be measured against those hours which would have been worked had the employee remained on his/her regular work schedule. The period used for such comparison shall commence on the first day of the last full watch period prior to refit and end on the last day of the first watch period after refit. Any shortfall resulting from such comparison shall be forgiven. Any surplus resulting from such comparison may be compensated in cash or time off in accordance with (g).

7. Employees shall be provided with reasonable, shared transportation between the shipyard and their provided residence during the period of refit.

 

16.05 - Dock Repair Operations

(a) The standard daily hours for the Dock Repair Operations shall be either:

1. seven hours, exclusive of meal breaks, Monday through Friday; or

2. eight hours and 50 minutes, exclusive of meal breaks, Monday through Thursday.

 

(b) Each Dock Repair Operations group at each point of assembly shall be entitled to change from their existing schedule to either (a)1. above or (a)2. above by a two-thirds vote of affected regular employees;

 

(c) For those employees choosing:

1. A 7-hour day, the standard daily hours shall start at 0730.

2. An 8 hour, 50 minute day, the standard daily hours shall start at 0730.

 

(d) Schedules are in effect from January 1 to December 31.

 

(e) The 8 hour, 50 minute day shall include five minutes which is accrued for designated paid holidays.

 

(f) Vacation for the 8 hour, 50 minute day shall be converted to hours and drawn down in 8 hour and 50 minute days.

 

(g) For the purposes of STIIP, Bereavement Leave, Special Leave, Court Leave and Family Illness Leave, a day shall be a day. The STIIP ex-pay shall be based on the length of the day.

 

(h) Casual employees entitled to designated paid holidays in accordance with clause 8.06 shall receive seven hours pay.

 

(i) Pre-retirement leave taken by these employees shall be scheduled in accordance with (a)1. above.

 

16.06 - Ten Hour Vessels

(a) The standard daily hours, inclusive of the meal and rest periods, shall be ten hours for all Deck, Catering and Chief Engineer personnel.

 

(b) The shift schedule shall be on the basis of one day on and one day off.

 

(c) The shift schedules are inclusive of a built-in allowance for designated paid holidays.

 

(d) Where an employee is granted vacation pursuant to Article 20 of this Agreement, the minimum annual vacation entitlement shall be 15 ten hour days. Where a regular employee is entitled to more than the minimum vacation entitlement, the difference between his/her vacation entitlement and the minimum vacation entitlement may be taken as leave at a later date by mutual agreement.

 

(e) Employees working a ten hour shift shall receive a differential of 5% in addition to their basic pay.

 

16.07 - Shortfall of Shifts

There shall be no pay back for shortfall of working-hours in the shift system.

 

16.08 - Work Schedules

(a) The purpose of this clause is to provide the parties with the maximum opportunity for consultation and for reaching mutually agreeable shift changes where they are required.

 

(b) Where the Employer contemplates a major change in the provision of service which would result in shift changes, the Employer agrees to provide the crews involved and the Union at least two weeks' notice. However, where major shift changes are required as a result of demonstrated changes in public demand, the Employer reserves the right to make such changes after the notification outlined above has been made.

 

16.09 - Rest Periods and Meal Breaks

(a) Employees shall be entitled to a meal break as close as practicable to the middle of the shift.

 

(b) All employees shall have two 15 minute rest periods in each work period in excess of six hours, one rest period to be granted before and one after the meal break. Employees working a shift of three and one-half hours, but not more than six hours, shall receive one rest period during such a shift. Rest periods shall not begin until one hour after the

commencement of work or not later than one hour before either the meal break or the end of the shift. Rest periods shall be taken without loss of regular pay to the employee.

 

(c) For employees working on ten hour vessels, rest periods may be taken two hours after commencing a shift and at subsequent two hour intervals during the work day.

 

16.10 - Flex-Time/Modified Work Week (Clerical)

(a) Any flex-time program shall be subject to the following:

1. termination by either party, upon three months' written notice;

2. agreement by the local office and employees affected;

3. the work day for employees on flex-time not to exceed ten hours;

4. the averaging period for employees on flex-time to be 70 hours per two-week period.

 

(b) General Conditions

1. Subject to (a) above, employees in each department shall elect whether they wish to participate in a flex-time operation. They shall be bound by their election for one year, except as mutually agreed between the employee and the Employer.

2. The following positions are not eligible for flex-time:

i) All departments - Casual employees

ii) Revenue - Clerk 1, Secretary to Revenue Supervisor

iii) Payroll - Secretary to Manager, Payroll Production

 

(c) Payroll, Accounting & Revenue Departments - Head Office and Little River

1. The participating employees shall work 14 seven and one-half hour days (exclusive of meal breaks) in fixed three-week blocks. Days off shall be scheduled subject to operational requirements, but every reasonable effort shall be made to schedule them on Mondays or Fridays.

2. Vacation, C.T.O., STIIP, Special Leave and Education Leave shall be at seven hours per day. The one-half hour shortage shall be deducted from the employee's banked overtime or scheduled at a later date. Employees who are absent for extended periods of time shall be placed on a standard 5:2 schedule.

3. Employees on Union Leave shall be maintained on the modified schedule and the Union shall be charged seven and one-half hours for each day the employee is absent from work.

4. Substitution pay shall not be paid when it results from an employee being on a day off.

5. Employees in the Revenue Department may revert back to a standard 5:2 shift for the period of the summer schedule.

6. The lunch break shall be one-half hour, or as mutually agreed at the local level.

7. All other terms and conditions of the current Collective Agreement shall apply.

 

(d) Human Resources

1. Each work day shall consist of not less than four and one-half hours and not more than eight and one-half hours, exclusive of meal breaks. Employees may schedule entire days as leave, subject to operational requirements of the department and prior approval of their supervisor.

2.

i) Flexibility of hours of work for all employees shall be between 0800 and 1700, Monday to Friday. 

ii) All authorized work performed outside of the above hours shall be paid at the overtime rate.

iii) Core hours for Human Resources are from 0930 to 1200 and from 1330 to 1530.

3. Vacation, C.T.O., STIIP, Special Leave and Education Leave shall be at seven hours per day.

4. Meals shall be taken between the hours of 1200 and 1330, with a minimum of one-half hour, and scheduling shall be on a mutual basis so as to meet operational requirements.

5. Employees who regularly substitute to positions which work a 2:1 ratio shall not be permitted to participate in this program.

6. Regardless of daily flexibility of hours, all employees shall work the monthly equivalent hours calculated by multiplying the number of regular work days in a month, less designated paid holidays, by seven hours.

7.

i) A maximum surplus of seven working hours may be carried into the following month and shall be taken as time off.

ii) A maximum deficit of seven working hours may be carried into the following month where it shall be added to the equivalent monthly hours of the new month.

8. Time shall be managed through the use of a computerized system which shall require the employee to sign in and out before and after specific core segments.

9. All other terms and conditions of the current collective agreement apply.

 

(e) Information Systems Department

1. Each work day shall consist of not less than four and one-half hours and not more than eight and one-half hours, exclusive of meal breaks. Employees may schedule entire days as leave, subject to operational requirements of the department and prior approval of their supervisor.

2.

i) Flexibility of hours of work for all employees except the two computer operators shall be between 0800 and 1700, Monday to Friday.

ii) Flexibility of hours of work for the computer operators shall be between 0600 and 2200, Monday to Friday.

iii) All authorized work performed outside of the above hours shall be paid at the overtime rate.

3. Core hours are from 0930 to 1200 and from 1330 to 1530, except for computer operators whose core hours shall be from 0630 to 1100 for the first shift and from 1500 to 1930 for the second shift.

4. Vacation, C.T.O., STIIP, Special Leave and Education Leave shall be at seven hours per day. Second shift premium shall be paid to computer operators for hours actually worked on the second shift.

5.

i) Meals shall be taken between the hours of 1200 and 1330, with a minimum of one-half hour, and scheduling shall be on a mutual basis so as to meet operational requirements.

ii) Computer operators shall take their meal breaks within five hours of the commencement of their shifts.

6. Regardless of daily flexibility of hours, all employees shall work the monthly equivalent hours calculated by multiplying the number of regular work days in a month, less designated paid holidays, by seven hours.

7.

i) A maximum surplus of seven working hours may be carried into the following month and shall be taken as time off.

ii) A maximum deficit of seven working hours may be carried into the following month where it shall be added to the equivalent monthly hours of the new month.

8. Time shall be managed through the use of a computerized system which shall require the employee to sign in and out before and after specific core segments.

9. All other terms and conditions of the current Collective Agreement apply.

 

16.11 - Personal Clean-Up Time

Where necessary, employees shall have a reasonable period included in the work day for personal clean-up purposes.

 

16.12 - Building Service Workers - Deas Dock

(a) Standard daily hours for the Building Service Workers at Deas Dock shall be seven hours, exclusive of meal breaks, Monday to Friday.

 

(b) Building Service Workers at Deas Dock shall be required for three shifts (A.M., P.M., and Night Shift). The rotation shall be one week of A.M.'s and one week of nights, one week of P.M.'s, one week of nights and one week of P.M.'s.

 

(c) A Building Service Worker 3 at Deas Dock shall work a day shift only on a five day per week basis, Monday to Friday.

 

(d) Vacation, CTO and pre-retirement leave shall be taken as seven-hour days on a 5:2 shift ratio.

 

16.13 - Job Sharing

(a) Definition - Job sharing is defined as a voluntary agreement between the Union, the Employer and two regular employees to share one full-time or term certain position with respect to work load and salary. Employees who are job sharing may obtain a promotion based on the seniority of the junior partner subject to qualifications.

 

(b) Hours of Work - The position shall be shared on a 50/50 basis with rotation starting on a mutually agreeable day. Rotations shall be agreed at the local level. No part-days of work shall be permitted.

 

(c) Remuneration

1. Basic Pay - Payment shall be made on the hourly rate for all hours worked, based on the rate for the position. For those employees covered by clause 16.01(a)1., they shall be paid 7-1/2 hours and receive one-half the value of PTO.

2. Designated Paid Holiday Pay, Lieu Days, 10 Hour Differential, 12 Hour Differential and SSD/ASTO - Each employee shall receive one-half the value of the designated paid holiday pay, lieu days, 10 hour differential, 12 hour differential or SSD/ASTO applicable to the positionís hours of work pattern.

3. Vacation - Vacation shall be calculated on the basis of one-half of the employee's annual entitlement.

 

(d) Benefits

1. Seniority - Seniority shall be calculated in accordance with Article 10.

2. Sick Leave

i) STIIP - An employee shall be entitled to the benefits of STIIP on a pro- rated basis for days s/he is scheduled to work.

ii) LTD - An employee shall be entitled to the benefits of LTD on a pro- rated basis.

3. Dental Plan - Employees job sharing are entitled to coverage in the Dental Plan.

4. Medical Plan - Employees job sharing are entitled to coverage in the Medical Plan.

5. Extended Health Plan - Employees job sharing are entitled to coverage in the Extended Health Plan.

6. Group Life Insurance Plan - The Employer shall maintain coverage in the Group Life Insurance Plan for employees who are job sharing.

7. Special Leaves - An employee may apply for any of the special leaves covered under Article 26 if s/he is scheduled to work on the day in question. 

8. Payment to Dependents on Death - Employees job sharing are entitled to this benefit on a pro-rated basis.

9. All other terms of the Collective Agreement apply.

 

(e) Trial Period

1. Employees wishing to job share shall make application in writing to the Human Resources Division and the President of the Union. Agreement by the parties for job sharing of the position is required.

2. Any agreement for job sharing shall be conducted on a trial basis for six months. During this period, the arrangement may be cancelled at any time and both employees shall revert to their former positions. The position vacant as a result of job sharing shall be filled on a temporary basis for the trial period, and permanently at the end of the trial period, in accordance with the collective agreement.

 

(f) Review of Agreement - At the end of the trial period, this arrangement shall be reviewed and may be cancelled by either party. If the agreement is cancelled at this time, both employees shall revert to their former positions.

 

(g) Termination of Agreement

1. Employees - Once a trial period is complete, the employees cannot cancel a job-sharing agreement without one month's notice to the Employer and the Union. If the partners wish to cancel the job-sharing arrangement, the partner who is senior in service seniority shall take the position full-time; the other partner may apply for another position, elect casual status or resign. If one of the partners terminates his/her employment, is appointed to another position or otherwise vacates the shared position, the remaining partner shall take the position full-time.

2. Layoffs - If layoffs are anticipated, the parties shall meet to discuss how job-sharing positions will be affected by the layoffs, including bumping.