COMMUNITY SERVICES
NURSES COMPONENT
1.01 Purpose of Agreement
1.02 Terminology
3.01 Establishment
3.02 Meeting of Committee
3.03 Chairperson of Meeting
3.04 Responsibilities of Committee
*4.01 Hours of Work and Work Week
4.02 Overtime
4.03 Home Nursing Care Services (deleted)
4.04 Hours of Work Committee
7.01 Application 6
*7.02 Overtime Meal Break and Allowance 6
*13.01 Expiration of Agreement
*13.02 Notice to Bargain
13.03 Commencement of Bargaining
13.04 Changes in Agreement
13.05 Effective Date of Agreement
ARTICLE
1 - PREAMBLE
1.01 Purpose of Agreement
(a) Subject to the provisions of the Master
Agreement entered into between the Employer and
the Union the purpose of this Agreement is to
set out those terms and conditions of employment
applicable only to employees included in the
Community Services Nurses Component defined in
Appendix 1(a) of the Master Agreement.
(b) This Agreement is subsidiary to and
deemed part of the said Master Agreement.
(c) The provisions of the Master Agreement
shall have the same force and effect in this
Agreement as if they were included herein.
(d) The parties to this Agreement believe
that the provisions thereof encourage the
continuing development of an excellent standard
of health services to the public.
(e) The salaries for employees covered by
this Agreement as negotiated by the parties to
the Master Agreement are recorded in Appendix 6
of the Master Agreement.
1.02 Terminology
(a) All terms used in this Agreement shall
have the same meaning as defined in the Master
Agreement unless otherwise specified in either
Agreement.
(b) Whenever the term "Component Agreement"
is used it shall be deemed synonymous to the
term subsidiary agreement as used in the
Public Service Labour Relations Act.
ARTICLE
2 - INVALID ARTICLES
In the event that legislation or a court of
competent jurisdiction renders null and void or
materially alters any provision of this Agreement,
the remaining provisions of the Agreement shall
remain in effect for the term of the Agreement and
the parties hereto shall negotiate a mutually
agreeable provision to be substituted for the
provision so rendered null and void or materially
altered.
ARTICLE
3 - UNION-MANAGEMENT COMPONENT COMMITTEE
3.01 Establishment
The Union and the Employer recognize the initial
value of ongoing joint discussions and consultation
in matters pertaining to working conditions,
employment services and labour-management relations.
The Union-Management Component Committee shall be
established to represent each unit specified in
Appendix 1(a) of the Master Agreement consisting of
equal numbers of employees nominated by the Union
and Employer representatives with a minimum of two
and a maximum of four from each party. The Committee
may use additional persons for technical information
or advice. The Committee may establish sub-committee
or "ad hoc" committees as it deems necessary and
shall set guidelines and operating procedures for
such committees.
3.02 Meeting of Committee
The Committee should meet not less than four
times each year or at the call of either party at
the time and a place fixed by mutual agreement.
However, such meetings must be held not later than
30 days after their request has been given.
Employees shall not suffer loss of basic pay for
time spent on the Committee.
3.03 Chairperson of Meeting
An Employer representative and an employee
nominated by the Union shall be designated as joint
chairpersons and shall alternate in presiding over
meetings.
3.04 Responsibilities of Committee
The Committee shall deal with any matter relevant
to the Community Component referred to the Committee
by the bargaining principals. Notwithstanding the
generality of the above, the Committee may:
(a) conduct studies and make recommendations
on matters giving rise to grievances and
misunderstandings;
(b) receive complaints with regards to, and
make recommendations on matters of safe working
conditions;
(c) deal with any other matters affecting the
Community Services Nurses Component employees;
(d) the Committee shall not have jurisdiction
over salaries or any matter of collective
bargaining, including the administration of this
Agreement, unless otherwise agreed by the
bargaining principals.
ARTICLE
4 - HOURS OF WORK AND WORK WEEK
*4.01 Hours of Work and Work Week
(a) Recognizing the particular and unique needs
of clients dealing with government-community based
health care services and that the provision of such
services cannot always be predicted accurately in
advance; the parties agree that work schedules for
employees engaged in such activities will be
scheduled on a flexible basis in the interest of
patient care and/or efficiency.
(b) The scheduled hours of work for nurses within
this component shall be flexible to a maximum of 140
hours within a four-week period. The Employer will
identify each four-week period in advance. The
establishment of work schedules shall be by mutual
agreement between the Employer and the employees at
the local level.
Scheduling Parameters
(1) It is intended that the base schedule to
which flexibility is to be applied shall be a
seven-hour work day.
(2) In planning the proposed schedule, the
seven-hour work day may be altered by mutual
agreement if it is in the interest of patient
care and/or efficiency or to complete work due
to exceptional circumstances. Such a schedule
will ensure the work day does not exceed 10
hours per day excluding travel.
The planning may also include the
identification of possible day(s) or partial
day(s) off. These day(s) are scheduled in
anticipation of the employee working sufficient
flexible time in excess of the base seven-hour
schedule. It is understood that such day(s) off
or partial day(s) will in fact be earned.
(3) Once posted the proposed daily schedule
of hours can also be altered by mutual agreement
if it is in the interest of patient care and/or
efficiency or to complete work due to
exceptional circumstances. Such scheduling will
ensure the work day does not exceed 10 hours per
day excluding travel.
(4) The employee shall keep an accurate
record of actual hours worked which will be
submitted to their supervisor.
(5) The Employer shall make every effort to
notify an employee of any anticipated changes to
the length of the work day.
(6) The minimum scheduled hours for regular
part-time employees shall be as outlined in
Clause 29.01.
(7) Employees will not be required to work
split shifts without their consent.
(8) To ensure adequate services for the
Public and still maximize the number of
employees with weekends scheduled off and
evenings scheduled off, it may be necessary to
schedule, by mutual agreement at the local
level, six consecutive days.
(9) In order to provide the flexibility
necessary to enable the completion of the
required hours of work in each four-week period,
it is agreed that no premium or penalty
contemplated in Article 15 or 16 of the Master
Agreement shall apply where it results from an
employee exercising their right to flexible work
arrangements pursuant to this Article.
(10) If mutual agreement cannot be achieved
pursuant to (2), (3) and (8) above, the regular
full-time employee will work seven consecutive
hours each day exclusive of meal and rest
periods between 8:00 a.m. and 12 midnight, five
days a week. The regular part-time employee will
be scheduled up to seven hours per day.
4.02 Overtime
(a) Authorized work performed in excess of
140 hours in a designated four-week period shall
be compensated at the rate of time and one-half
of the employee's regular rate of pay. The
overtime compensation may be taken in cash or
time off pursuant to Article 26 of the Master
Agreement.
(b) It is understood that every reasonable
effort will be made to schedule earned time off
within the proposed schedule. Notwithstanding
(a) above, in the event that an employee is
unable to do so, it will be carried over to the
next four-week period where it shall be
scheduled off at a mutually agreeable time.
4.03 Home Nursing Care Services
Deleted date of signing of Tenth Master
Agreement.
Should the Employer in the future, employ
employees in the former Home Nursing Care Services
jurisdictional unit, Clause 4.03 of the Ninth
Community Services Nurses Component Agreement shall
apply to such employees.
4.04 Hours of Work Committee
(a) The Union and the Employer recognize the
value of ongoing joint discussions pertaining to
hours of work issues. The Committee shall consist of
equal numbers nominated by the Union and the
Employer with a minimum of two and a maximum of four
from each party.
(b) The Committee shall meet at the call of
either party at the time and place fixed by mutual
agreement. However, such meetings must be held no
later than 30 days after a request has been given.
(c) The Committee shall deal with any matter
relevant to the administration of the Community
Component Article 4 referred to the Committee by
either party to this Agreement. The terms of
reference of the Committee are to:
(1) determine whether the current provisions
properly and adequately meet patient care
interests and as well provide for employee
personal interests;
(2) make recommendations to the bargaining
principals on matters requiring clarification of
the hours of work provisions. This may result in
issuing documents of clarification to the field
on matters causing misunderstanding.
(3) receive complaints with regard to, and
make recommendations on matters pertaining to
Hours of Work.
ARTICLE
5 - BURNABY PSYCHIATRIC SERVICES, IN-PATIENT UNIT
Deleted date of signing of Tenth Master
Agreement.
Should the Employer employ employees of
Burnaby Psychiatric Services, In-Patient Unit in the
future, it is proposed that such employees be
covered by the hours of work provisions contained in
the Hospital Services Nurses Component.
ARTICLE
6 - TIME OFF FOR MEALS
All employees covered by this Agreement shall
receive not less than 30 minutes and not more than
one hour meal time, scheduled at approximately the
mid-point in the work day.
ARTICLE
7 - OVERTIME
7.01 Application
All time worked in excess of the daily or weekly
work schedules, as defined in Articles 4 and 5 of
this Agreement shall be compensated at applicable
overtime rates in accordance with the Master
Agreement.
*7.02 Overtime Meal Break and Allowance
Where an employee is required to commence
overtime work within two hours of the end of a
regular work day, they shall be deemed to have
worked overtime continuously. In addition, they
shall be given a meal break of not less than
one-half hour and be provided with a meal or
$14.25
.......................................effective
April 16, 2006
$14.50
.......................................effective
April 1, 2007
$14.75
.......................................effective
March 30, 2008
$15.00
.......................................effective
March 29, 2009.
ARTICLE
8 - SCHEDULING OF VACATION
(a) (1) Employees can take annual vacation
during the entire calendar year. Subject to
operational requirements all employees shall be
allowed to take at least four weeks of their
vacation entitlement during the period May 1 to
September 30 inclusive, which shall be defined
as the prime-time vacation period.
(2) For those employees who have more than
four weeks vacation entitlement, the Employer
shall make every reasonable effort, subject to
operational requirements, to allow such
employees to take their complete vacation
entitlement during the prime-time vacation
period if they so desire.
(3) Employees may submit their requests for
vacations anytime prior to February 1, the date
when the formal notice for vacation requests for
the current year is posted. All employee
requests for vacation selection shall be
completed by March 1.
(4) All employees must have exercised their
seniority rights by February 20th. An employee
who does not exercise their seniority rights by
February 20th shall not be entitled to exercise
their rights in respect to any vacation time
previously selected by an employee with less
seniority.
(5) The final date for posting the completed
vacation schedule shall be April 1st of each
year.
(b) All sections of Clause 18.02 (b) (c) (d) and
(e) of the Master Agreement will apply in the
scheduling of vacation.
ARTICLE
9 - HYGIENE FACILITIES
(a) In the interest of public health and hygiene,
washing facilities shall be provided in accordance
with the Occupational Health and Safety Regulations.
(b) Lockers which may be locked shall be provided
wherever practicable for all employees, required to
change their clothes.
ARTICLE
10 - MEAL ALLOWANCE
Employees who are required to be away from their
base facility on Employer's business shall receive a
meal allowance when:
(a) they are required to work the major part
of the work day beyond a radius of 32 kilometers
from the facility; or
(b) at the time of the scheduled meal break
they are more than 30 minutes travel time from
their base facility; or
(c) they are required in the performance of
their official duties to purchase a meal.
ARTICLE 11 - FORENSIC ALLOWANCE
Nurses employed in the following Correctional
facilities shall be entitled to the forensic
allowance as described in Clause 5.03(a)(3) of the
Hospital Services Nurses Component Agreement:
Burnaby Youth Custody Services
Prince George Youth Custody Services
Victoria Youth Custody Services
NB: Article 11, formerly ADMINISTRATOR’S
ALLOWANCE, deleted date of signing of Tenth Master
Agreement.
ARTICLE 12 - USE OF PERSONAL VEHICLE ON EMPLOYER'S
BUSINESS
If a vehicle is not provided by the Employer, it
is a condition of employment for certain community
nurses to provide a personal vehicle for use on the
Employer's business. Such nurses will be identified
by the Employer.
ARTICLE 13 - TERM OF AGREEMENT
*13.01 Expiration of Agreement
This Agreement covers the period from and
including January 1, 2007 to and
including midnight, December 31, 2010.
All terms and conditions of this Agreement shall
remain in full force and effect after
December 31, 2010 until the Union gives
notice of strike and a strike occurs, or until the
Employer gives notice of lockout and lockout occurs,
or until a new or amended Agreement comes into
force, whichever is earliest, and as may be provided
by statute.
*13.02 Notice to Bargain
(a) This Agreement may be opened for collective
bargaining by either party giving written notice to
the other party on or after October 1, 2010,
but in any event not later than midnight
October 31, 2010.
(b) Where no notice is given by either party
prior to October 31, 2010, Clause
13.03 of this Article applies, as if notice has been
given.
13.03 Commencement of Bargaining
Where a party to this Agreement has given notice
under Clause 13.02 of this Article, the party shall
within 30 calendar days after the notice was given
commence collective bargaining.
13.04 Changes in Agreement
Any change deemed necessary in this Agreement may
be made by mutual agreement at any time during the
life of this Agreement.
13.05 Effective Date of Agreement
The provisions of this Agreement shall come into
full force and effect on the date of signing of the
Master Agreement, except where otherwise specified.
*MEMORANDUM OF UNDERSTANDING #1
NURSES OF THE MINISTRY OF CHILDREN AND FAMILY
DEVELOPMENT
Recognizing the unique nature of nursing services
provided in correctional facilities, work schedules
for nurses employed in such facilities may be
developed by mutual agreement of the Employer and
the employees at the local level subject to the
approval of the bargaining principals. Shift
schedules may be based on either a seven or seven
and one-half hour day.
In the event that mutual agreement cannot be
reached, employees shall continue to work shifts and
rotations currently in effect.
MEMORANDUM OF UNDERSTANDING #2
RECRUITMENT/STAFFING PROCEDURES
Deleted date of signing of Tenth Master
Agreement.
MEMORANDUM OF UNDERSTANDING #3
COMMUNITY SERVICES NURSES COMPONENT
HOURS OF WORK - ARTICLE 4
Deleted date of signing of Tenth Master
Agreement.
Incorporate second paragraph of Community
Services Nurses Component Memorandum of
Understanding #3 into Community Services Nurses
Component Clause 4.04.
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