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CUPE Scheduling of General Holidays

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CUPE Scheduling of General Holidays

On December 7, 2017 at a Regional CUPE Labour Management Meeting, Articles 1608 and 1609 in relation to the scheduling of General Holidays was discussed. It was recognized that there are currently two practices to manage the scheduling of General Holidays and it was agreed that both practices meet contractual obligations under the Collective Agreement (April 1, 2012 to March 31, 2017).

The following two practices were identified:

1. Master Rotations are adjusted approximately six (6) weeks prior to Christmas in an effort to alternate the General Holiday that CUPE employees are working, Christmas one year and New Year’s the next, while also maintaining such employee’s bi-weekly hours of work and the provisions as outlined in Article 18 Hours of Work from the Collective Agreement.
2. Master Rotations are not adjusted. Employees work their regularly scheduled hours as per their rotation.

INTERPRETATION:

For a Full-time CUPE employee:

• Article 1608 applies and is interpreted as:
  • The Employer will ensure that a Full-time CUPE employee receives at least three (3) general holidays on the day in which the General Holiday occurs, one (1) of which must be either Christmas or New Year’s. To facilitate this, the Employer shall shift adjust those Full-time CUPE employees throughout the year to ensure that they remain compliant with the Collective Agreement. As much as reasonably possible, Christmas Eve and Boxing Day shall be assigned with Christmas Day and New Year’s Eve shall be assigned with New Year’s Day.
• Article 1609 applies and is interpreted as:
  • The Employer will distribute time off for General Holidays as equitably as possible over Christmas and New Year’s endeavoring to grant each Full-time CUPE employee as many consecutive days off as reasonable possible over either Christmas Day or New Year’s Day.

For a Part-time CUPE employee:

• Article 3105 applies and is interpreted as:
  • The Employer will pay four point six two percent (4.62%) of a Part-time CUPE employee’s basic pay in lieu of time off for general holidays.

Any Full-time or Part-time CUPE employee who requests time off on a General Holiday would be required to:

• Make a request, in writing, to enter into a shift exchange with another CUPE employee (Article 1811), signed by both employees involved and submit to their department manager or designate for approval.

Process:

1. To maintain current practice regarding General Holidays, either Master Rotations are adjusted or are not adjusted; continue doing so ensuring reasonable communication with all parties affected.
2. To change your current practice regarding General Holidays:
   • Provide your local CUPE representative with minimum 30 days’ written notice of change of practice; and
   • Communicate this change in practice with all affected CUPE employees. This can be facilitated by:
     • Discussing the change of practice at staff meetings and/or Facility CUPE Labour Management meetings, documenting this change in any applicable minutes or memos; and
     • Communicating the practice that will be used regarding General Holidays when posting the memo regarding your vacation rule.

Provisions:

Please refer to the following Articles in the CUPE Agreement (April 1, 2021-Mar 31, 2017):

Article 1608:

The Employer will endeavour to provide all employees with at least two (2) other General Holidays besides Christmas or New Year’s on the day on which they occur. As much as reasonably possible, Christmas Eve and Boxing Day shall be assigned with Christmas Day: New Year’s· Eve shall be assigned with New Year’ s Day, unless otherwise mutually agreed.

Article 1609:

The Employer agrees to distribute time off as equitably as possible over Christmas and New Year’s, endeavouring to grant each employee as many consecutive days off as reasonably possible over either Christmas Day or New Year’s Day.

Article 31: Special Provisions re. part-time employees

Article 3105:

Part-time employees will be paid four point six two percent (4.62%) of their basic pay in lieu of time off on General Holidays. Such holiday pay shall be included in each regular pay deposit. General holiday pay earned in accordance with 3105 shall be considered as paid hours for the purpose of accruing seniority.

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