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APPENDIX NO. 15 – Office and Professional Employees
CANADIAN OFFICE AND PROFESSIONAL EMPLOYEES UNION
Local Union 342
Hours of Work and Overtime
Eight (8) hours shall constitute a day's work for five (5) days, Monday to Friday inclusive. Said hours shall normally be within the period from 7:00 a.m. until 6:00 p.m.
If more than the recognized daily hours are worked in any day or shift, such time shall be paid at the rate of time and one-half for the first three (3) hours and double the regular straight time rate for all hours worked thereafter.
Except as provided in Article 15.2, when the Contractor's schedule requires an employee to work every Saturday, such time shall be paid at the rate of straight time for the first four (4) hours, time and one-half for the next seven (7) hours worked, and double time for all hours worked thereafter.
When the Contractor's schedule does not require an employee to work every Saturday, any time worked on a Saturday, except as provided in Article 15.2, shall be paid at the rate of time and one-half for the first eleven (11) hours, and double time for all hours worked thereafter.
On Sundays and Holidays as set out in Article 17, double time shall be paid for all hours worked.
When an employee is required to work in camp facilities providing a service to camp residents, and such services are generally provided on a 7 day per week basis, then that employee may be assigned a day of rest, other than Sunday. In this case, for purposes of applying the conditions set out above, the assigned day of rest shall be recognized as a Sunday and the subsequent six (6) days as Monday through Saturday.
If conditions are such that work on that particular job cannot be done within the said normal hours (7:00 a.m. to 6:00 p.m.) then eight (8) hours may be worked during any hours and may constitute a regular shift on that job.
A shift premium of 75¢ per hour will be paid for each shift hour worked at the straight time rate. Shift premium will not apply on any overtime hours.
The starting and quitting time of all shift work will be decided by the Contractor. Overtime payment for shift work shall be in accordance with the provisions as set out above.
Non-Trainees (i.e., employees not covered by (B) below)
The principal duties of the above classifications are as set out at the end of this Appendix.
When an employee is assigned to a higher classification, he shall receive the rate for such position from the time of assignment provided the assignment continues beyond the first shift.
When the Contractor hires or appoints a Senior Draftsman, a Senior First Aid Attendant or a Senior Project Cost Clerk, that employee shall be paid a minimum of $1.00 above the rate of the person with the highest classification being supervised.
A trainee means any employee who is hired to participate in a contractors formally structured on-the-job training program in any classifications set out in the Appendix, the nature of which are not designated trades (ie designated as being appropriate for apprenticeship or certification or both pursuant to the Apprenticeship and Tradesman's Qualification Act of the Province of Manitoba).
Trainees shall be paid a percentage of the rate in effect for the classification for which the employee is being trained in accordance with the following:
If the duration of the training program is less that 200 hours (or 400 hours or 600 hours, as the case maybe), the employee's rate shall be increased to 100 % of the rate in effect for that classification, effective on the first working day following the employee's successful completion of the training program.
Prior to implementing any formal on-the-job training programs for any classifications set out in the Appendix, the Contractor shall provide the Association and the Council with the following information:
The classification for which on-the-job training will be instituted and the schedule commencement date of the training;
The number of trainees shall not exceed twenty percent (20%) of the total number of employees employed by a Contractor and covered by this Appendix except as may otherwise be agreed to by the Association and the Council.
An employee who is hired in a non-training classification may be re-assigned to a formal on-the-job training program under the following conditions:
An employee requests, in writing, to participate in the Contractor's formal on-the-job training program and the Contractor approves the request;
The Contractor requests that an employee be re-assigned to a formal on-the-job training program and the employee and the Council are in agreement with the re-assignment.
An employee who is re-assigned in accordance with (e) above shall be deemed to be a trainee and paid in accordance with the provisions of (b) above;
The Contractor shall provide each employee who successfully completes the Contractor's formal on-the-job training program with a letter confirming the type of training received and the corresponding number of hours the employee spent in such training.
Vacation and Vacation Pay
Annual vacation will be arranged as provided in the Employment Standards Code for the Province of Manitoba.
Vacation Pay will be accumulated for the credit of each employee at the rate of six percent (6%) of the employee's standard hourly rate for each hour worked.
Vacation pay allowance will be paid to an employee on his regular pay day.
Pay in Lieu of Holidays
Whether or not an employee works on any of the Holidays set out in Article 17, he shall receive in lieu of paid Holidays, four percent (4%) of his standard hourly rate for each hour worked. The employee shall be paid this amount each regular pay period. In the event the Provincial Government of Manitoba proclaims a holiday in the month of February, the above percent shall be increased to 4.5%.
An employee called to work outside his regular shift to perform unscheduled overtime shall be paid for such work at double time, but in no case shall an employee be paid less than two (2) hours at double time.
An employee shall have a minimum rest period of eight (8) hours between shifts. When employees are specifically requested to return to work before the expiration of eight (8) hours, all work performed shall be paid for at the applicable overtime rate, until a full eight (8) hour rest period has been observed.
Pension and Health and Welfare Provision
The Local Union to which employees covered by this Appendix belong establishes a health and welfare plan and/or a pension plan in which employees covered by this Appendix are eligible to participate;
Written verification is forwarded to the Association and the Council by the Board of Trustees of each plan confirming:
That Trust Agreements have been executed and registered.
A health and welfare plan and/or a pension plan will be introduced into this Appendix on the following basis:
at the time of introduction of the health and welfare plan and/or the pension plan, the hourly rates for all classifications in this Appendix shall be reduced by the amount of the contractor's contribution to the said plan or plans, less the sum of twenty cents. At the option of the Council, contributions to the plan or plans shall be made up by employee contributions or a combination of contractor and employee contributions. The Council shall advise the Association of the required contractor and/or employee contributions at the time the plan or plans are established.
Pension and/or health and welfare contributions shall be subject to adjustments, however all contributions shall continue to be made as outlined above and the effective date of such adjustments shall correspond to an effective date of changes to wages (See Section 9.1). Further, for all adjustments, the hourly rates for all classifications in this Appendix shall be reduced by the full amount of contractor's contribution (not less the sum of twenty cents or any other amount).
Escalation and Reference
As provided in Section 9.2, the wage rates for all classifications in this Appendix shall be adjusted by a percentage, equivalent to the percentage adjustment in wage rates and in the employers' contribution rate to pension and health and welfare plans negotiated from time to time for the classification of "Journeyman Carpenter" (hereinafter referred to as the Reference Classification) by the United Brotherhood of Carpenters and Joiners of America, Local Union 343, and the Construction Labour Relations Association of Manitoba, as further provided in Section 9.2.
Method of Calculating Percentage Adjustment of Classifications
The percentage adjustment of the Reference Classification shall be determined in accordance with the following formula:
──────────────────── x 100 (Expired W) + (Expired P)
Change means the increase or decrease in that benefit.
P and H&W means the required employers' contribution rate to the pension and/or the health and welfare plan.
Expired means the rate in effect when the last percentage adjustment was calculated.
9.2.1 In calculating the percentage adjustment of the Reference
Classification, the result shall be rounded to the nearest hundredth of a per cent.
When any change to W or W and P and/or H&W in the agreement being used for reference purposes occur on the same date, the percentage adjustment of all such changes shall be calculated to determine the percentage adjustment by which wage rates in the Appendix are to be adjusted and the effective date of the change(s) in the agreement being used for reference purposes shall be the effective date of the wage rate change in this Appendix.
When changes to P and/or H&W are not effective on the effective date of any changes to W in the agreement being used for reference purposes, such changes shall be deemed to be effective on the date of a change to W next occurring, and the procedures set out above shall be followed, except if there are no subsequent changes to W during the remaining term of the agreement being used for reference purposes, the provisions set out below shall be followed for any changes to P and/or H&W which have not been previously calculated.
Where there are no changes to W but there are changes to P and/or H&W during the term of the agreement being used for reference purposes, the percentage adjustment of such change(s) shall be calculated and the resultant wage rate change in this Appendix shall be effective on the date of the change to P and/or H&W in the agreement being used for reference purposes.
9.2.3 In applying the percentage adjustments, the resultant wage rates
Vacation Pay and Pay in Lieu of Holidays
Vacation pay and pay in lieu of Holidays shall be adjusted to be consistent with corresponding conditions of employment set out in Appendix 4 of this Agreement.
Notwithstanding anything contained in this Agreement or in this
Appendix, the regular hours of work are not subject to adjustment during
the life of this Agreement, and such regular hours of work shall be paid at
regular rates of wages.
The provisions of 9.1 to 9.3 inclusive shall be dealt with by following
procedure set out in Article 30 of this Agreement.
Principal duties of the classifications set out in Section 3 will include the following: 1. Survey
To act as a Rodman in assisting an Instrumentman. May be required to clear brush, and in addition, will act as a Chainman and may use a prism or other surveying equipment.
Performs levelling work within previously established key bench marks and elementary survey work.
Performs survey work on construction projects utilizing all survey instruments. Survey work may include, but is not limited to, engineering surveys to determine boundaries, grades and elevations generally within previously established bearing controls. May perform topographical surveys and may be required to plot same from field notes, including electronic information.
Same as Instrumentman I, and in addition, may direct and coordinate work of survey crews.
Calculates quantities by referring to electronic information, survey notes, reports, specifications and drawings for purposes of progress payment.
Performs elementary (including computer assisted) drafting duties using electronic information, topographical survey notes, and/or detailed sketches. Maintains and issues drawings. Operates printing and plotting machines.
Same as Junior Draftsman, and in addition, prepares and revises final drawings, bills of materials and diagrams from verbal instructions, rough notes and/or sketches. May assist, as necessary, in examining structures or equipment.
Same as Intermediate Draftsman, and in addition, prepares layout designs by reference to standards, manuals and catalogues.
First Aid Attendant
Provides first aid treatment to sick or injured employees within the scope of first aid principles. Maintains records of occurrence and treatment and ensures the maintenance of first aid facilities and inventory. Refers cases to other medical facilities.
Emergency Medical Responder
Holds a valid Manitoba Emergency Medical Responder license. Performs all duties of a First Aid Attendant and in addition holds a valid Class 4 drivers license and has the ability to drive an ambulance. Is able to receive transfer of function from Medical Director for Automatic External Defibrillator, Epi-Pen, Nitro, Ventolin, and Pulse Oximetry.
Performs general clerical duties including: filing, photocopy, switchboard, fax, receptionist, and various computer related duties including compiling, word processing, storage, retrieval and sorting of information through the use of a personal computer and/or the Contractor's computer systems.
May be required to perform any of the duties of a Clerk Typist and in addition performs arithmetic calculations, posts to records, transposes information, and in the case of the camp office, duties such as registrations and collecting and disbursement of room key monies. In addition, take shorthand, types from notes or secretarial office equipment, and prepares memos and letters of a routine nature.
May be required to perform any of the duties of a Clerk I and in addition, performs functions of the following nature: processing of time cards, invoices, billings and purchase orders, and inventory control.
Project Cost Clerk I
May be required to perform any of the duties of a Clerk II and in addition, performs basic accounting duties including accounts receivable, accounts payable, payroll and basic cost control.
Project Cost Clerk II
Same as Project Cost Clerk I, and in addition, performs bank reconciliations, ledger and journal postings, and prepares advanced accounting records, petty cash and other financial reports.
Notwithstanding the Principal Duties set out above, a computer may be utilized by any employee of the Contractor, including persons not covered by this Agreement, to perform any duties associated with their respective positions.
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