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HUMAN RESOURCE SERVICESLabour RelationsHeader Created By:2012 - 2015 Collective Agreement between the Board of Parksand Recreation and CUPE Local 15LR Associate - A. JonesVanDocs #:2015/066707Approved By:Pages:LR Manager – K. JeskePage 1 of 137Document Title:Effective Date:Issue/Version #:Cover PageCity of Vancouver, Human Resource ServicesLabour Relations453 West 12th AvenueVancouver, British Columbia V5Y 1V4 Canadatel: 3-1-1, Outside Vancouver 604.873.7000 fax: 604.873.7696website: vancouver.caFeb 13 24/151
2012 - 2015COLLECTIVE AGREEMENTbetween theCITY OF VANCOUVERAS REPRESENTED BY THE BOARD OF PARKS AND RECREATIONand theCANADIAN UNION OF PUBLIC EMPLOYEES, LOCAL 15 - VMECW(Vancouver Municipal, Education and Community Workers)
2012-2015COLLECTIVE AGREEMENTbetween theCITY OF VANCOUVERAS REPRESENTED BY THE BOARD OF PARKS AND RECREATIONand theCANADIAN UNION OF PUBLIC EMPLOYEES, LOCAL 15 - VMECW(Vancouver Municipal, Education and Community Workers)TABLE OF CONTENTSCLAUSEPAGEPREAMBLE .11.DEFINITIONS.22.TERM OF THE AGREEMENT .33.UNION SECURITY .34.RIGHTS OF MANAGEMENT .45.REMUNERATION .5.1Salary Schedule .5.2Shift Premium .5.3Hiring Above First Step in the Salary Range .5.4Effective Date for Individual Adjustments .5.5Derivation of Biweekly and Monthly Rates.5.6Premium Pay for Fluency in a Second Language .44455556.PAY FOR ACTING SENIOR CAPACITY .57.TRANSPORTATION ALLOWANCE .68.OVERTIME, CALL-OUT, STANDBY & MEAL BREAKS .8.1Overtime .8.2Callout .8.3Standby .8.4Meal Breaks .8.5Overtime and Callout – Cost Recovery .66789109.VACATIONS AND PUBLIC HOLIDAYS.9.1Vacations .9.2Supplementary Vacation .9.3Public Holidays .1010121210.EMPLOYEE BENEFITS .10.1Benefit Administration .10.2Medical Coverage .141414(i)
EMPLOYEE BENEFITS (cont’d)10.3Group Life Insurance .10.4Dental Services Plan .10.5Same Sex Benefit Coverage .10.6Sick Leave and Gratuity Plan .A. Sick Leave .B. Gratuity Plan .C. Family Illness .10.7Vancouver Employees’ Savings Plan .10.8Compassionate Leave.10.9Maternity and Parental Leave.10.10General Leave of Absence .10.11Court Attendance and Jury Duty .10.12Resignation and Re-employment .10.13Municipal Pension Plan .10.14Group RRSP .15151616161820202021242626262711.WORKING CONDITIONS.11.1Work Week .11.1.1Daily Guarantee .11.2Posting Positions and Filling Vacancies .11.3Promotions, Transfers and Demotions .11.4Probationary Period .11.5Layoffs and Bumping .11.6Recall .11.7Changes Affecting the Agreement .11.8Directives Interpreting the Agreement .11.9Personnel Records.11.10Procedure for Obtaining Membership Information .11.11Employees with Disabilities .11.12Reclassification of Positions and Classification of New Positions .11.13Occupational Health and Safety .11.14Security and Related Monitoring Equipment.11.15Student and Grant Employment .272730313335363738383839393942434312.SENIORITY .12.1Acquisition and Calculation of Seniority .12.2Application of Seniority .12.3Loss of Seniority.4444454613.LEAVE OF ABSENCE – OFFICIAL UNION REPRESENTATIVES.4614.DISCIPLINE, SUSPENSION AND DISCHARGE .4815.GRIEVANCE PROCEDURE .15.1Grievances .15.2Policy Grievances .15.3Suspension or Dismissal .15.4Variations .494951515210.(ii)
16.TECHNOLOGICAL CHANGE .5217.EMPLOYMENT EQUITY .5318.AGREEMENT AS TO CONDITIONS NOT MENTIONED .5319.OCCUPATIONAL HEALTH PLAN .5320.HUMAN RIGHTS .5321.HARASSMENT .5322.CONSULTATION COMMITTEE .5323.SCHEDULES AND LETTERS OF UNDERSTANDING .54SCHEDULESSCHEDULE "A"Class Titles .Footnotes for Pay Plan Structure 2012-2015 .Pay Plan .555760SCHEDULE "B"Auxiliary and Temporary Full-Time Employees .Preamble.Part A – Applicable Clauses .Part B – Employees (Auxiliary or Temporary Full-Time) who haveless than one year of continuous work in a TemporaryFull-Time Capacity .B6Pay for Acting Senior Capacity (Auxiliary Only) B 8.1Overtime .B 8.2Callout .B 8.3Standby .B 8.4Meal Breaks .B 9.1Vacations, Compassionate Leave, Court & Jury DutyB 9.3Public Holidays .B 10Employee Benefits and Percentage in Lieu of BenefitReplaces 10.2, 3, 4, 6, 8, 11 .B 10.9Maternity and Parental Leave .B 10.12 Re-employing Auxiliary and Temporary Full-TimeEmployees .B 10.13 Municipal Pension Plan .B 11.1Daily and Weekly Hours .B 11.2Posting Positions and Filling Vacancies .B 11.3(c) Pay Rates Upon Promotion .Increments .Part C – Temporary Full-Time Capacity with One Year ofContinuous Work .1. Contract Clauses .2. Daily and Weekly Hours .3. Maternity SEIB Plan 72
4. Change in Status .5. Re-employment .Part D – Seniority .Part E – Recognition of Past Service Upon Appointment toRegular Full-Time Position .73SCHEDULE “C”Regular Part-Time Employees .Preamble.Part A – Applicable Clauses as per the Agreement .Part B – Applicable Clauses as per this Schedule .8.Overtime, Callout, Standby & Meal Breaks .8.1 Overtime .8.4 Meal Breaks .10. Employee Benefits .(a)(1) Percentage in Lieu of Vacation & Public Holidays(a)(2) Medical, Extended Health, Dental, Group Life .(a)(3) Prorated Sick Leave .(a)(4) WCB.(b)Percentage in Lieu for Not Working Core Hours .(c)Compassionate, Court/Jury Duty, Maternity Leave(d)Restricted Provision.10.6A(1)(i) Sick Leave Advance .11.1Daily and Weekly Hours .11.5Layoff and Bumping.11.6Recall .Letter of Understanding on Layoff and Recall .Schedule “A” - Increments .Schedule “E” – Matters Arising from Collective Bargaining ULE "D"Supplementary Vacation .81SCHEDULE "E"Matters Arising from Collective Bargaining .1.1977 Negotiations.1.1Compressed Work Week .1.2Regular Full-Time Employees – SwimmingInstructors/Aquatics Specialists .8383832.1986-1987 Negotiations.2.1Group Life Plan .83833.1994-1996 Negotiations.3.1Parking.84844.1997-1999 Negotiations.4.1Group Life Insurance.84845.2003-2006 Negotiations.5.1Joint Sick Leave Committee .84846.2007-2011 Negotiations.6.1Joint Committee – Auxiliary Scheduling .8484(iv)72727283
SCHEDULE "E" (con’t)6.2Auxiliary Employee Conversion Review .85Principles Governing the Conversion of EmployeeFringe Benefits in Cases of Introduction orRenewal of Compressed Work Weeks .87SCHEDULE "F"Employment Standards Act Principles .89SCHEDULE "G"Employment Equity .90SCHEDULE “H”Earned Days Off (EDO) .Appendix “1”Calculation of Working Hours Per Day for theEarned Days Off System .9193SCHEDULE “I”Vacation Scheduling and Overtime Conflicts .95SCHEDULE “J”Hours of Work – Classes Delivering or Supporting the Delivery ofRecreation Services .96Appendix "1"LETTER OF UNDERSTANDINGJob Sharing .LETTER OF UNDERSTANDINGChanges to Hours of Work . 102LETTER OF UNDERSTANDINGHours of Work: Evening, Early Morning orSaturday Meetings . 105LETTER OF UNDERSTANDINGLayoff and Recall. 107LETTER OF UNDERSTANDINGTelecommuting . 111LETTER OF UNDERSTANDINGLayoffs Due to Contracting Out . 115LETTER OF UNDERSTANDINGEligibility Lists . 116LETTER OF UNDERSTANDINGLong Term Replacement of Regular Employees . . 118LETTER OF UNDERSTANDINGDues Deduction and Acting Assignments .120LETTER OF UNDERSTANDINGExpedited Dispute Resolution Process .121LETTER OF UNDERSTANDINGUnion Observers . 124LETTER OF UNDERSTANDINGUnion-Paid Leave for Employees Who Are Not“Official Union Representatives” .LETTER OF UNDERSTANDINGINDEX97125Flexible Days Off . 127. 128(v)
1.THIS AGREEMENT made and entered into as of 2012 January 01,BETWEEN:CITY OF VANCOUVERAS REPRESENTED BY THE BOARD OF PARKS AND RECREATION(hereinafter called "the Employer")OF THE FIRST PARTAND:CANADIAN UNION OF PUBLIC EMPLOYEES, LOCAL 15 - VMECW(Vancouver Municipal, Education and Community Workers)(hereinafter called "the Union")OF THE SECOND PARTWHEREAS:A.The Employer is an employer within the meaning of the Labour Relations Codeof British Columbia;B.The Labour Relations Board has certified that the Union is the bargaining agent forthe employees in a unit composed of:(1)(2)employees at Vancouver, B.C. and employeesCommunity Services Centre Society excepting:oftheBritannia(a)Firefighters and Fire Alarm Operators;(b)Line Crews in the Fire Alarm Department, Electricians (Journeymenand their helpers) in the Street Lighting Department, Lawyers, Doctors,Veterinary Surgeons and graduate nurses;(c)Those engaged in the actual production of entertainment andexhibitions;(d)Those known generally as outside employees, excepting TrafficPainters and helpers employed by the City of Vancouver; andinside workers without limiting the generality of the foregoing composedof clerical, (including administrative), recreational, technical, cleaning, heatingand refrigeration and food trades except those generally known as outside
2.workers, foremen and community centre casual instructors; and(3)employees at theVancouver, B.C.CommunityCentre,920EastHastingsStreet,except those excluded by the Labour Relations Code employed by the City ofVancouver, City Hall, 453 West 12th Avenue, Board of Parks and Recreation,2099 Beach Avenue and Ray-Cam Cooperative Association, 920 East Hastings,Vancouver, B.C. which the Labour Relations Board has decided pursuant to theprovisions of section 38 of the Labour Relations Code to be one Employer for thepurposes of this certification.THIS AGREEMENT shall constitute the wages and working conditions for the employees ofthe Employer covered by this Agreement. It is constructed in such a manner that,except for Schedules “B” and “C” or otherwise specifically excluded, it applies to RegularFull-Time Employees.Schedule “B”, Parts A and B, set out what Clauses in the Agreement and in what mannerthey apply to Auxiliary and Temporary Full-Time Employees with less than one (1) year ofcontinuous work.Schedule “B”, Part C, sets out what Clauses of the Agreement and in what manner they applyto Temporary Full-Time Employees with more than one (1) year of continuous work.Schedule “B”, Part D, sets out how Clause 12 – Seniority applies to Auxiliary andTemporary Full-Time Employees.Schedule “C” sets out what clauses of the Agreement and in what manner they apply toRegular Part-Time Employees.1.DEFINITIONSThe following terms defined in this clause unless otherwise specifically providedherein, shall have for the purposes of this agreement the meanings hereinafterspecified and replace all existing definitions:(a)"Regular Full-Time Employee" means an employee who is employed on afull- time basis for 35, 37½, 40 or such other number of weekly hours as isrecognized in this Agreement as normal for a particular class of positions, foran indefinite period of time.(b)"Temporary Full-Time Employee" means an employee who is employed ona full-time basis for 35, 37½, 40 or such other number of weekly hoursas is recognized in this Agreement as normal for a particular class ofpositions, for a definite and limited period of time (which may beextended or curtailed by circumstances which could not be foreseen at thetime of hiring).(c)“Regular Part-Time Employee” means an employee who is employed ona regular part-time schedule of core weekly hours which is a minimum offifty percent (50%) of the recognized number of hours constituting full-time
3.employment for a particular class of positions, for an indefinite period of time.(d)"Auxiliary Employee" means an employee other than an employee definedin Clause 1(a), 1(b) and 1(c).(e)"Employment Pool" means those employees of the City of Vancouverand Board of Parks and Recreation of the City of Vancouver, Ray-CamCooperative Association, and Britannia Community Services Centre Societyfor whom the Union is the Bargaining Authority.(f)“Layoff” means the elimination of a regular position, or a reduction in the corehours of a regular position.Wherever the singular or masculine is used in this Agreement the same shallbe deemed to include the plural or the feminine wherever the context so requires.2.TERM OF THE AGREEMENTThis Agreement shall be for a term of four (4) years with effect from 2012 January 01to 2015 December 31, both dates inclusive. Should either party at any time withinfour (4) months immediately preceding the date of expiry of this Agreement bywritten notice require the other party to commence collective bargaining, orshould the parties be deemed to have given notice under Section 46 of theLabour Relations Code, this Agreement shall continue in full force and effect,and neither party shall make any change or alter the terms of this Agreement until:(a)the Union lawfully strikes in accordance with the provisions of theLabour Relations Code; or(b)the Employer lawfully locks out in accordance with the provisions of theLabour Relations Code; or(c)the parties shall have concluded a renewal or revision of this Agreementor shall have entered into a new Collective Agreement;whichever occurs first.It is understood and agreed between the Employer and the Union that the operationof subsections (2) and (3) of Section 50 of the Labour Relations Code is herebyexcluded from and shall not be applicable to this Agreement.3.UNION SECURITYAll present employees who are now members of the Union shall remain membersof the Union. All persons employed on or after 1 January, 1974, shall becomemembers of the Union by the pay period immediately following completion of thirty(30) calendar days of employment. All such employees shall remain members ofthe Union as a condition of employment provided that no employee shall bedeprived of employment by reason of loss of membership in the Union for reasons
4.other than failure to pay the regular Union dues that all other members of theUnion are required to pay to the Union.All employees covered by the Union Certificate of Bargaining Authority shall paya monthly fee to the Union equal to the Union's monthly dues, such payment to bemade by payroll deduction. This deduction shall become effective immediatelyupon commencement of employment. Deductions shall be made in respect of allsubsequent months provided an employee works any part of the month.4.RIGHTS OF MANAGEMENTAny rights of management which are not specifically mentioned in this Agreementand are not contrary to its intention shall continue in full force and effect for theduration of this contract, always provided that in the exercise of the aforementionedmanagement rights there shall be no discrimination.5.REMUNERATION5.1Salary Schedule5.2(a)The scale of remuneration set out in Schedule "A" and Schedule “A-1”shall apply during the term of this Agreement. Any changes in salary ratesor the classifications as outlined in Schedule "A" and Schedule “A-1” shallnot be put into effect until the Union Executive designate and the BargainingCommittee of the Union have been consulted.(b)Where anomalies as submitted during negotiations are not concluded tothe satisfaction of both parties, then they will give consideration to thesubmitting of such anomalies to a Board of Arbitration as constituted underClause 15.1(d).Shift Premium(a)Employees in the classes listed below:(1)(2)(3)(4)(5)(6)Building WorkerMaintenance TechnicianMaintenance Technician IIMaintenance Technician IIIUtility Maintenance Worker, andAny additional classes added by mutual written agreementshall be paid a shift premium of eighty-five cents (85 ) per hour for thoseregular hours worked before 7:00 a.m. or after 7:00 p.m.(b)If more than fifty percent (50%) of an employee’s regular hour of work falloutside the period described in Clause 5.2(a), the shift premium shall be paidfor all regular hours in the shift.
5.(c)5.3Shift premium shall not be paid for those hours worked at overtime rates, norfor standby.Hiring Above First Step in the Salary RangeIf a new employee is hired above the first step in the salary range and theEmployer does not wish to adjust the salary for one or more present employees inthe class who are in the same department (or in the same division in the case of thelarger departments), the Employer will discuss the matter with the Union and, with theUnion's consent, such adjustment or adjustments need not be made.5.4Effective Date for Individual AdjustmentsIndividual pay adjustments arising from periodic increments, reclassifications, reevaluations and promotions (but not for acting in a higher capacity) are tocommence at the beginning of the bi-weekly pay period the first day of whichis nearest the calendar date of the pay adjustment. This clause is not intended tointerfere with the provisions of Clause 6.5.5Derivation of Bi-weekly and Monthly RatesThe hourly rates set forth in Schedule "A" shall be the basis for application ofany general salary increases. The formula for converting the hourly rates to biweekly and monthly rates is as follows:hourlyxbi-weeklyhoursbi-weekly rate x 26.089125.6bi-weekly rate (taken rateto 2 decimal places) monthly rate (taken tothe nearest dollar)Premium Pay for Fluency in a Second LanguageEmployees in positions which the Employer has designated as requiring the use ofa second language, including sign language, shall be paid one (1) Pay Grade inaddition to the classified rate for the position except where the class includes arequirement for more than one (1) language.6.PAY FOR ACTING IN SENIOR CAPACITY(a)Full Acting PayOn every occasion that an employee is temporarily required to acceptthe responsibilities and carry out the core duties of a senior position coveredby this Agreement, the employee shall be paid for every day that theduties of the senior position are carried out at the minimum rate in the payrange for such senior position. However, where the salary received in theemployee’s own position is equal to, or exceeds the minimum of thesenior position, the next higher rate in the pay range of the senior positionshall be paid.
6.(b)Partial Acting PayWhere an employee is temporarily required to accept a portion, but not all,of the core duties and responsibilities of a senior position, the employeeshall be paid two (2) pay steps above their rate of pay provided this does notresult in a higher rate of pay than would have been paid for full acting. Insuch cases, the employee would be entitled to a rate of pay equivalent to fullacting pay.(c)Pay for Partial Acting Assignments Exceeding Six MonthsAn employee who has been in a partial acting capacity for a period of six(6) months and whose assignment continues shall have their rate of payadjusted to reflect the full acting rate for the position for the balance of theassignment and may be assigned any additional duties and responsibilitiesassociated with the position.(d)7.Appointments of employees to a level of higher responsibility must beauthorized in writing by the General Manager or designate.TRANSPORTATION ALLOWANCETransportation for positions requiring the employee to travel on the Employer'sbusiness will be paid in the form of a transit fare or mileage allowance or use ofan Employer's car as determined by the Employer.If an employee is authorized by their non-bargaining unit manager or designate touse an alternative form of transportation, such as a bicycle, they shall beentitled to compensation equivalent to transit fare.8.OVERTIME, CALLOUT, STANDBY AND MEAL BREAKS8.1Overtime(a)Any employee who is required to work overtime shall at the time ofworking such overtime elect whether to be paid for it or receive compensatingtime off in lieu thereof.(b)Employees shall be entitled to overtime compensation for all overtime worked:(1)immediately following the employee's regular shift;(2)immediately preceding the employee's regular shift consequent uponan oral or written notice given prior to the end of the employee'sprevious shift;(3)at any other time than at the times set forth in items (1) or (2) ofthis Clause 8.1(b) consequent upon an oral or written notice givenprior to the end of the employee's previous shift.
7.(c)(d)8.2Employees who elect to be paid for overtime worked shall be paid forthe performance of overtime work scheduled by the Employer under Clause8.1(b) at the following overtime rates:(1)time and one-half the regular rate of pay for the first two (2) hoursof overtime worked immediately preceding or immediatelyfollowing an employee's regular shift on any regular working day ofthe employee;(2)double the regular rate of pay for all overtime in excess of the firsttwo (2) hours thereof worked immediately preceding orimmediately following an employee's regular shift on any regularworking day of the employee;(3)double the regular rate of pay for all overtime worked at any othertime than at the times set forth in items
2099 Beach Avenue and Ray-Cam Cooperative Association, 920 East Hastings, Vancouver, B.C. which the Labour Relations Board has decided pursuant to the provisions of section 38 of the Labour Relations Code to be one Employer for the purposes of this certification.
