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SNL2004

CHAPTER P-44.1

PUBLIC SERVICES RESUMPTION AND CONTINUATION ACT

Amended:

CHAPTER P-44.1

AN ACT TO PROVIDE FOR THE

RESUMPTION AND CONTINUATION

PUBLIC SERVICES

(Assented to

May 4, 2004

Analysis

Short title

Definitions

Actions by union

Employees to resume work

Offences and penalties

Collection of fine

This Act takes priority

Schedule A

Schedule B

Schedule C

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

This Act may be cited as the Public Services Resumption and Continuation Act

2004 cP-44.1 s1

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Definitions

In this Act

(

a) collective agreement listed in

Schedule A as amended by Schedules B and C;

(b)

"employer" means

(

i) Her Majesty the Queen in right of the province, or

(ii)

a corporation, body or authority managing the delivery of public services to which a collective agreement listed in

Schedule A applies; and

(c)

"unions" means the

Newfoundland

and Labrador Association of Public and Private Employees and the Canadian Union of Public Employees and its locals who are parties to a collective agreement listed in

Schedule A.

2004 cP-44.1 s2

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Actions by union

(1) Immediately upon the coming into force of this Act, the unions and each official or representative of the unions shall give notice to the striking employees whom they represent that a declaration or direction to go on strike, declared or given to them before the coming into force of this Act, has become invalid by reason of the coming into force of this Act and shall direct the employees to return to work immediately.

(2) 2004 cP-44.1 s3

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Employees to resume work

(2) A union and an official or representative of a union and another person acting on behalf of a union shall not direct, encourage, aid or abet an employee to engage in an action contrary to subsection (1).

(3) Neither a union, nor an official or representative of a union, nor a person acting on behalf of a union, shall, in any manner, discipline, or direct or authorize another person to discipline, by way of suspension or expulsion from the union, the imposition of a fine or otherwise, a person for the reason only that the person complies with subsection (1).

2004 cP-44.1 s4

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(

a) the provisions with respect to salary increases are amended as set out in

Schedule B;

(

b) the provisions with respect to sick leave entitlement are amended as set out in

Schedule B;

(

c) the provisions with respect to classification and job evaluation are amended as set out in

Schedule B;

(

d) the provisions with respect to pensions are amended as set out in

Schedule B; and

(

e) the provisions of the agreements are amended as negotiated by the parties to them and as set out in

Schedule C.

(2) The recommendations of the Young Mediation Report and the report entitled Facing The Challenge: The Report of the Study Group on Hours of Work, commonly known as the Warren Report, do not form part of a collective agreement listed in

Schedule A.

(3) The collective agreements listed in

Schedule A and the amendments to them contained in Schedules B and C

are binding on the employers and the unions to the same extent as if they had been entered into by them and on each employee.

(4) March 31, 2008

(5) (6) Where, in a collective agreement listed in

Schedule A or in an amendment contained in

Schedule B or C reference is made to a date of signing, the date of signing shall be considered to be the day on which this Act comes into force.

2004 cP-44.1 s5

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Offences and penalties

(1) Where a union fails to comply with

section

or subsection

(2) or (3), it is guilty of an offence and is liable on

summary conviction to a fine of $250,000, and in the case of a continuing offence, to a fine of $250,000 each day or part of a day during which the offence continues.

(2) Every official or representative of a union who fails to comply with

section

or subsection 4(2) or (3), and a person acting on behalf of a union who fails to comply with subsection

(2) or (3), is guilty of an offence and is liable on

summary conviction to a fine of $25,000 and, in the case of a continuing offence, to a fine of $25,000 for each day or part of a day during which the offence continues.

(3) Every employee who fails to comply with

section 4

is dismissed.

(4) Each day or part of a day that a failure to comply with

section

continues constitutes a new and separate offence.

(5) Where a union is convicted of an offence under subsection (1), an amount of wages deducted from an employee as union dues shall be considered forfeit to the Crown and shall be paid by the employer into the Consolidated Revenue Fund until a fine which the union is liable to pay under subsection (1) has been paid in full.

2004 cP-44.1 s6

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Collection of fine

(1)In the case of default of payment of a fine imposed on a union, an official or a representative of a union, or a person acting on behalf of a union, under

section 6

, the Attorney General may issue a certificate stating the amount of the fine due and remaining unpaid and the name of the person by whom it is payable, and file the certificate with the Registrar of the Supreme Court.

(2) Where a certificate filed with the Registrar of the Supreme Court under subsection (1), it has the same effect and all proceedings may be taken on the certificate as if it were a judgment of the Trial Division for the recovery of the amount stated in the certificate against the person named in the certificate.

(3) A person named in a certificate filed under this

section may, within 30 days after the certificate is filed, apply to a judge of the Trial Division for a review, on a question of law or jurisdiction, of the certificate.

(4) On application under subsection (3), the judge may make any amendment to the certificate that is necessary to make the certificate accord with the judge's decision.

(5) There is no appeal from a decision of a judge made under this section.

(6) A certificate filed under this

section may also be filed in the judgment enforcement registry on the expiration of the 30 day period referred to in subsection (3) in accordance with

Part III of the Judgment Enforcement Act

and be enforced in accordance with that Act.

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This Act takes priority

This Act applies notwithstanding the Public Service Collective Bargaining Act.

2004 cP-44.1 s8

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Schedule A

A Collective Agreement between

The

Newfoundland

and

Labrador

School Boards Association

Representing the

School Districts

of:

District 1 -

Labrador

District 4 -

Cormack

Trail

School

Board

District 5 - Baie Verte/Central/Connaigre

District 6 - Lewisporte/Gander

District 8 -

Vista

District 9 - Avalon West

District 11 - Conseil solaire francophone

and the

Newfoundland

and

Labrador

Association of Public and Private Employees

and Treasury Board

Student Assistants Collective Agreement between

Her Majesty the Queen in right of

Newfoundland

The

Newfoundland

and

Labrador

School Boards Association

and the

Newfoundland

and

Labrador

Association of Public and Private Employees

Collective Agreement between

Her Majesty the Queen in right of

Newfoundland

(Represented by the Treasury Board)

and

Avalon

East

School

Board

and the Canadian

Union

of Public Employees, Local 1560

Master Collective Agreement between

Her Majesty the Queen in right of

Newfoundland

(Represented by the Treasury Board)

and

Northern Peninsula/Labrador South

School District

Corner Brook/Deer Lake/St. Barbe

School District

Burin

Peninsula

School District

and the Canadian

Union

of Public Employees Locals 2033, 2212 and 3148

Collective

Agreement

College

of the

North Atlantic

Support Staff Agreement between

Her Majesty the Queen in right of

Newfoundland

(Represented by the Treasury Board)

The Board of Governors of the College of the

North Atlantic

and the

Newfoundland

and

Labrador

Association of Public and Private Employees

Maintenance and Operational Services Collective Agreement between

Her Majesty the Queen in right of

Newfoundland

(Represented by the Treasury Board)

The C.A. Pippy Park Commission, a corporation established under the Pippy Park Commission Act

and the

Newfoundland

and

Labrador

Association of Public and Private Employees

Collective Agreement between

Her Majesty the Queen in right of

Newfoundland

(Represented by the Treasury Board)

and the

Newfoundland

and

Labrador

Health Boards Association

and the

Newfoundland

and

Labrador

Association of Public and Private Employees (Hospital Support Staff)

Collective Agreement between

Her Majesty the Queen in right of

Newfoundland

(Represented by the Treasury Board)

and the

Newfoundland

and

Labrador

Health Boards Association

and the Canadian

Union

of Public Employees and its Locals 488, 641, 879, 990, 1568, 1581, 1644, 2574

Collective Agreement between

The Newfoundland Liquor Corporation

and the

Newfoundland

and

Labrador

Association of Public and Private Employees

Laboratory and X-Ray Collective Agreement between

Her Majesty the Queen in right of

Newfoundland

(Represented by the Treasury Board)

and the

Newfoundland

and

Labrador

Health Boards Association

and the

Newfoundland

and

Labrador

Association of Public and Private Employees

Collective Agreement between

Her Majesty the Queen in right of

Newfoundland

(Represented by the Treasury Board)

and the

Newfoundland

and

Labrador

Health Boards Association

and the

Newfoundland

and

Labrador

Association of Public and Private Employees (Health Professionals)

Collective Agreement between

Newfoundland

and Labrador Housing Corporation

and the Canadian

Union

of Public Employees and its Local 1860

General Service Collective Agreement between

Her Majesty the Queen in right of

Newfoundland

C.A.

Pippy Park Commission Municipal Assessment Agency

and the

Newfoundland

and

Labrador

Association of Public and Private Employees

Air Services Division Collective Agreement between

Her Majesty the Queen in right of

Newfoundland

(Represented by the Treasury Board)

and the

Newfoundland

and

Labrador

Association of Public and Private Employees

Government House Collective Agreement between

Her Majesty the Queen in right of

Newfoundland

(Represented by the Treasury Board)

and the Canadian

Union

of Public Employees and its Local 2543

Marine Services Collective Agreement between

Her Majesty the Queen in right of

Newfoundland

(Represented by the Treasury Board)

and the

Newfoundland

and

Labrador

Association of Public and Private Employees

Provincial Information and Library Resources Board Collective Agreement between

The Provincial Information and Library Resources Board

and the Canadian

Union

of Public Employees and its Local 2329

2004 cP-44.1 Sch A

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Schedule B

Salaries

Amend the salary implementation formula and/or appropriate schedules in the named collective agreements in order to give effect to the following salary provisions:

April 1, 2004

April 1, 2005

April 1, 2006

April 1, 2007

Sick Leave

Amend the sick leave clause in the named collective agreements with the addition of language to the following effect:

Any employee hired after the date of signing of this agreement will accumulate sick leave at the rate of one day per month to a maximum of 12 days per year and a total cap of 240 days.

Classification / Job Evaluation

Amend the "Memorandum of Understanding - 2001 Classification Plan" to read:

It is agreed that a new classification system would be implemented and that the plan used would be gender neutral.

It is also agreed that NAPE and CUPE would have input into the selection and implementation of the system.

This will be accomplished through a joint steering committee which would be advisory to Government in nature. It is also agreed that the current classification plan would continue until the new plan is established.

The new plan will begin implementation on

April 1, 2008

However, any wage adjustments necessary for implementation of this plan will not accrue on

April 1, 2008

. The total cost and the timing of any wage adjustments are to be included in negotiations for the next collective agreement.

The Unions require that a Job Evaluation Consultant (as selected by the Unions) would have direct contact with the Plan

s consultant and have full access to all relevant information.

This individual would also communicate with and have access to all meetings of the Steering Committee.

The salary and the expenses of the Advisor would be borne by the Unions.

The ratings of the positions will be conducted by the staff of the Classification, Organization and Management Division of Treasury Board.

There will be a Benchmark Committee composed of two-thirds management and one-third union representatives who will review the sampling of the ratings as they are done.

The Benchmark Committee would have the authority to refer results back to the raters should they be deemed inconsistent.

The final decision making authority rests with Treasury Board.

While the new Job Evaluation system is being implemented, all employees can proceed with individual reviews and appeals under the current plan. However, there will be no further occupational reviews or group type requests.

Pensions

Amend the "Memorandum of Understanding - 2001 Agreement on Pensions" to read:

Memorandum of Understanding - 2004

Agreement on Pensions

Delete item number 3 and replace as follows:

A committee of the parties will be established to identify and resolve any matters required to implement joint trusteeship by

April 1, 2008

Add item number 5 to read as follows:

For the duration of the Collective Agreement the Employer agrees to maintain the Public Service Pension Plan as an independent pension plan.

2004 cP-44.1 Sch B

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Schedule C

A COLLECTIVE AGREEMENT

Between

THE

NEWFOUNDLAND

AND

LABRADOR

SCHOOL BOARDS ASSOCIATION

REPRESENTING THE

SCHOOL DISTRICTS

OF:

District 1

Labrador

District 4 Cormack Trail School Board

District 5 Baie Verte / Central / Connaigre

District 6 Lewisporte / Gander

District 8 Vista

District 9 Avalon West

District 11 Conseil scolaire francophone

and

THE

NEWFOUNDLAND

AND

LABRADOR

ASSOCIATION

OF PUBLIC AND PRIVATE EMPLOYEES

and

TREASURY BOARD

2.01

Delete Clause 2.01 (ii) and replace with the following:

"Vacancy" means an opening in any bargaining unit position that the Employer requires to be filled that is known to be of a definite ten (10) week duration or longer from the date of notification in either a permanent or a temporary position.

(See Appendix A re the Cormack Trail District # 4 previous Agreement 3.01(kk))

3:01

Delete Clause 3.01 and replace with the following:

The Employer recognizes the Newfoundland and Labrador Association of Public and Private Employees as the sole and exclusive bargaining agent for the employees in classifications listed in Clauses 8.01 (a) (b) (

c) and (

e) and

Schedule A of this Agreement.

The employees and classifications who are currently outside the bargaining unit in each school district shall remain outside the bargaining unit.

3:02

Delete Clause 3.02 (

d) and replace with the following:

Janitorial service for school rentals to groups outside normal working hours will not be considered in determining overtime under this Agreement.

6:04

Delete Clause 6.04, Step 1, and replace with the following:

An employee shall submit his/her grievance to the Assistant Director, or designate ,

through his/her Shop Steward in writing within Ten (10) days or postmarked within Ten (10) days of occurrence of the matter giving rise to the grievance.

The Assistant Director or designate, shall reply to the grievance within Ten (10) days of its receipt or post marked within Ten (10) days of its receipt whatever is applicable in the circumstances.

Delete Clause 6.04, Step II, and replace with the following:

Failing settlement at Step 1, the matter shall be referred within five (5) days to the Director of Education or designate.

Within a further five (5) days the Director of Education or designate shall meet with a representative of the Association in an effort to resolve the grievance.

If the grievance is not resolved at this level the Director of Education or designate shall reply to the grievance in writing within seven (7) days of the meeting.

8:01

Delete Clause 8.01 and replace with the following:

Employees and Classifications referred to in (a), (b), and (

c) who at

December 31, 2003

, were outside the bargaining unit in each school district shall remain outside the bargaining unit.

(

a) The maximum regular hours of work for the following classifications shall be seven (7) hours per day, thirty-five (35) hours per week, Monday to Friday.

(

i) Payroll Clerk II

(ii)

Accounting Clerk I

(iii)

Accounting Clerk II

(iv)

Clerk Typist II

(

v) Clerk Typist III

(vi)

Clerk III

(vii)

Library Technician I

(viii)

WPEO I

(ix)

WPEO II

(

x) Payroll Clerk I

(xi)

Administrative Officer I

(xii)

Curriculum Worker

(xiii)

Clerk Steno III

(xiv)

Payroll Clerk III

(xv)

Translator

(xvi)

Computer Support Technician (District #1 Only)

(

b) The maximum regular hours of work for the following classification shall be eight (8) hours per day, forty (40) hours per week, Monday to Friday.

(

i) Supervisor of Information Technology

(ii)

Utility I

(iii)

Utility II

(iv)

Maintenance Repairer I

(

v) Maintenance Repairer II

(vi)

Maintenance Repairer / Caretaker

(vii)

Computer Support Technician

(viii)

Computer Support Specialist

(ix)

Heavy Equipment Mechanic

(

x) Auto Mechanic

(xi)

Equipment Operator I

(xii)

Equipment Operator II

(xiii)

Electrician I

(xiv)

Equipment Operator II / Mechanic Helper

(xv)

Trades Worker I

(xvi)

Trades Worker II

(

c) The maximum regular hours of work for the following classifications shall be nine (9) hours per day, forty-five (45) hours per week, Monday to Friday.

(

i) Bus Driver/Foreperson

(ii)

Equipment Operator II /Maintenance Repairer I

(iii)

Equipment Operator I

(iv)

Equipment Operator II / Maintenance Repairer II

(

v) Equipment Operator II / Utility II

(

d) The intent of clauses 8:01 (a), (

b) and (

c) is simply to establish maximum regular hours of work possible either on a daily or weekly basis and forces no obligation upon the board to automatically elevate current or future employees from their current or assigned hours of work to the maximum hours outlined in clauses 8:01 (a), (

b) and (c)

(

e) Hours of Work for Native Teachers

(

i) For salary purposes, the length of the school year shall be one hundred and ninety five (195) teaching days comprised of one hundred and eight-seven (187) actual teaching days, three paid holidays and two non-teaching days to be scheduled by the board during the school year for administration purposes; and three (3) professional development in-service days to be scheduled by the board during the school year.

(ii)

Every effort shall be made to ensure that the workload is distributed in a fair and equitable manner.

(iii)

Arrangements will be made so that each Native Teacher shall have time free from assigned duties in order to have lunch.

(iv)

The length of the school day shall be determined for Native Teachers by the Schools Act, 1997

and the By-Laws of the Labrador School Board.

(

f) Employees who have been assigned to work split shifts shall be entitled to combine the total number of hours worked by them per day into one complete shift during regular school closures at Christmas, Easter and summer closure.

Employees must obtain their shift starting time during such periods from the District Office.

8:04

Insert Clause 8.04 (

b) as follows:

In the case where a day shift caretaker is absent, the evening shift worker in the same classification, in the same building, may be rescheduled.

8:11

Insert Clause 8.11 (

b) as follows:

Where requested, Bus Drivers may be given the opportunity to become Bus Driver/Janitors for fill-in purposes only, provided they are qualified and able, as assessed by the Employer, to perform the duties of the job.

10:01

Delete Clause 10.01 (

a) and replace with the following:

The following shall be designated as paid holidays:

(

i) New Years Day

(ii)

Thanksgiving Day

(iii)

Good Friday

(iv)

Remembrance Day

(

v) Commonwealth Day

(vi)

Christmas Day

(vii)

Memorial Day

(viii)

Boxing Day

(ix)

Civic

Holiday

(x)

* day Christmas Eve

(xi)

Labour Day

(xii)

* day New Years Eve

(xiii)

Orangemans Day

(xiv)

Three other days in lieu of

St. Georges

, St. Patricks Day and Discovery Day to be scheduled by the Employer during the school term, unless otherwise mutually agreed.

* Provided the employee is required to work on Christmas Eve and New Years Eve.

All permanent employees, save and except employees on layoff, shall be entitled to the above holidays with pay provided that the employee has worked the last scheduled day immediately prior to and the first scheduled day immediately after the holiday, unless absent due to approved paid leave.

See the

Cormack

Trail

School

Board #4 Previous Collective Agreement Clause 22.06 in Appendix "A".

12:06

Delete Clause 12.06 (

b) and replace with the following:

When an employee has used the maximum of sick leave which may be awarded to him/her in accordance with this Agreement, he/she may elect, if he/she is still unfit to return to duty to proceed on annual leave, (including current and accumulated leave), if he/she is eligible to receive such leave.

Employees who have exhausted all available leave with pay may apply for special leave without pay up to a period of twenty-four (24) months.

Medical certificates shall be submitted as required by the Employer.

19.02

Delete Clause 19.02 and replace with the following:

Extended Unpaid Leave

(

i) Upon written request, a permanent employee who has completed

two (2) years

of service shall be granted unpaid leave to a maximum of twelve (12) months, subject to operational requirements and the availability of qualified replacement staff.

Such leaves shall be requested no later than April 30 th

in the current year for leaves commencing in the following school year.

No employee shall be eligible for more than twelve (12) consecutive months of unpaid leave at any one time.

An employee must accumulate a minimum of twelve (12) months of service upon return from extended unpaid leave in order to qualify for subsequent periods of extended unpaid leave.

(ii)

While on such leave an

employee shall continue to accumulate service, unless the employee would have been otherwise laid off, for seniority purposes only.

The minimum amount of unpaid leave an employee may

be granted

under this Clause is four (4) weeks.

(iii)

An employee will not be granted unpaid leave to take another position with the same employer whether inside or outside the bargaining unit

21.01

Delete Clause 21.01 (

a) and replace with the following:

Subject to the "Loss of Seniority Clause" 21.03 and the "Probationary Clause" 22.01

Employees shall be credited with a full days seniority (regardless of the number of hours work) for each day the employee is required to work, in accordance with the following:

(

i) District #1, 4, and 11 Current Agreement

(ii)

District #5 Effective

January 1, 1997

(iii)

District #9 Effective

April 1, 2001

(iv)

District #6 and 8 Effective

April 1, 2004

Furthermore, permanent employees will be credited with seniority for any day the school is closed including, but not restricted to, normal school closures, Christmas, Easter and summer break.

21.03

Insert Clause 21.03(

g) as follows:

Is declared redundant and has received all redundancy pay entitlement.

Employees who are re-employed in accordance with the provision of 24.01 (

c) will not be credited with prior service but will count the seniority from the date of re-employment.

23.03

Delete Clause 23.03 and insert the following:

Role of Seniority in Promotions and Transfers

Both parties recognize:

(

a) The principle of promotion within the service of the Employer;

(

b) that job opportunity should increase in proportion to length of service.

Therefore, when a vacancy occurs or a new position is created within the bargaining unit, applicants shall be given preference on a seniority basis provided the applicant is qualified and able to meet the requirement so for the new position.

See the following School Board previous Collective Agreement References in Appendix "A":

Labrador

School

Board #1 Clause 14.08

Cormack Trail School Board #4 Clause 14.04 and "following statement"

24.01

Delete Clause 24.01(

a) and replace with the following:

(

a) Role of Seniority in Layoffs

Both parties recognize that job security shall increase in proportion to the length of service.

Therefore, in the event of a layoff, employees shall be laid off by classification in reverse order of seniority.

An employee shall have the right to displace a junior employee, with the exception of an employee occupying a supervisory position, provided that the employee being retained is qualified and able to meet the requirements in accordance with the provisions of

Article 23.

31.01

Delete Clause 31.01 and replace with the following:

It is understood that on occasion schools may be closed for children as a result of severe weather conditions and/or cold weather.

The following shall apply to employees with respect to severe storm conditions.

(

a) If the School Board or designated representative makes an announcement that schools and/or School Board offices and/or bus depots are closed due to severe weather conditions, employees who normally report to work at these sites will not be expected to report to work until it becomes obvious that the weather has cleared and a decision has been made by the School Board or designated representative to recall those employees.

Employees so affected shall suffer no loss of pay or benefits.

(

b) When an employee is unable to report to work because the normal routes of transportation have been closed by the appropriate authorities the employee will suffer no loss of pay nor will the person be required to make up in any way for the loss of time.

(

c) Where, because of adverse weather conditions, the decision to relieve bargaining unit employees originates with an immediate supervisor or district board office as appropriate such employee will receive pay accordingly.

These employees shall not be required to compensate the Employer for such time lost and shall be paid straight time hours as if he/she had worked their normal daily hours.

(

d) Employees who continue to work under adverse weather conditions will receive straight time pay for completion of their normal daily hours.

34.01

Delete Clause 34.01 (

b) and 34.01 (c)

34:02

Delete Clause 34.02

34.03

Delete Clause 34.03

34:05

Delete Clause 34.05

34:06

Delete Clause 34.06

34:07

Delete Clause 34.07

34:08

Delete Clause 34.08

34:09

Delete Clause 34.09

34:10

Delete Clause 34.10

SCHEDULE "A"

Delete

Schedule "A" and replace with the following:

Employees included in the Bargaining Unit working up to a maximum of thirty-five (35) hours per week

School Board Job Classification

Treasury Board Job Classification

Pay Level

Payroll Clerk 1

Payroll Clerk 1

SB-21

Payroll Clerk 11

Payroll Clerk 11

SB-26

Payroll Clerk 111

Payroll Clerk 111

SB-28

Accounting Clerk 1

Accounting Clerk 1

SB-21

Accounting Clerk 11

Accounting Clerk 11

SB-24

Clerk Typist 11

Clerk Typist 11

SB-21

Clerk 111

Clerk 111

SB-22

Librarian Technician 1

Librarian Technician 1

SB-23

WPEO 1

WPEO 1

SB-22

WPEO 11

WPEO 11

SB-24

Administrative Officer 1

Administrative Officer 1

SB-30

Clerk Typist 111

Clerk Typist 111

SB-24

Clerk Steno 111

Clerk Steno 111

SB-24

Translator

Clerk Typist 111

SB-24

Curriculum Worker

Administrative Officer 1

SB-30

Computer Support Technician (Labrador Only)

Computer Support Technician

SB-28

The above employees and classifications who are currently outside the Bargaining Unit in each School District shall remain outside the Bargaining Unit

Employees included in the Bargaining Unit working up to a maximum of forty (40) hours a week.

School Board Job Classification

Treasury Board Job Classification

Pay Level

Utility Worker 1

Utility Worker 1

SB-15

Utility Worker 11

Utility Worker 11

SB-17

Maintenance Repair/Caretaker

SB-24

Maintenance Repairman I

Maintenance Repairman I

SB-18

Maintenance Repairman II

Maintenance Repairman II

SB-22

Heavy Equipment Mechanic

Heavy Equipment Mechanic

SB-24

Auto Mechanic

Auto Mechanic

SB-23

Automotive Technician

Automotive Technician

SB-26

Heavy Equipment Technician

Heavy Equipment Technician

SB-26

Equipment Operator 1

Equipment Operator 1

SB-16

Equipment Operator 11

Equipment Operator 11

SB-18

Electrician 1

Electrician 1

SB-24

EquipmentOperator 11/Mechanic Helper

EquipmentOperator 11

SB-18

Trades Helper

Trades Helper

SB-16

Electrician 11

Electrician 11

SB-26

Electronic Technician

Electronic Technician

SB-26

Supervisor of Information Technology

Supervisor of Information Technology

SB-38

Computer Support Technician

Computer Support Technician

SB-28

Computer Support Specialist

Computer Support Specialist

SB-34

Storekeeper 1

Storekeeper 1

SB-19

Janitor

Utility 11

SB-17

Caretaker

Utility 11

SB-17

Tradesworker 1

Tradesworker 1

SB-24

Tradesworker 11

Tradesworker 11

SB-26

The above employees and classifications who are currently outside the Bargaining Unit in each School District shall remain outside the Bargaining Unit

Maintenance Foreman is included under Maintenance Repairman II

Employees included in the Bargaining Unit working up to a maximum of forty-five (45) hours

School Board Job Classification

Treasury Board Job Classification

Pay Level

Equipment Operator 11/Maintenance Repairman 1

Equipment Operator 11

SB-18

Equipment Operator 1

Equipment Operator

SB-16

Equipment Operator 11/Maintenance Repairman 11

Maintenance Repairman 11

SB-22

Equipment Operator 11/Utility 11

Equipment Operator 11

SB-18

Carpenter 11

Carpenter 11

SB-24

Bus Foreman

Equipment Operator 11

SB-22 + $3.57 per bus per week

Bus Driver/Foreperson

Equipment Operator 11

SB-22 + $3.57 per bus per week

SCHEDULE "A-1"

Delete

Schedule "A-1" and replace with the following:

Avalon West School Board Job Title

Treasury Board Classification Title

Pay Level

Maintenance Foreperson

Tradesworker II

SB-26

Maintenance Repairman

Maintenance Repairer

SB-18

Caretaker Foreperson

Maintenance Repairer

SB-18

Janitor

Utility Worker II

SB-17

Caretaker

Utility Worker II

SB-17

Office Receptionist

Word Processing Equipment Operator I

SB-22

Receptionist/Secretary

Word Processing Equipment Operator I

SB-22

School Secretary

Word Processing Equipment Operator I

SB-22

Accounting Clerk

Accounting Clerk I

SB-21

Accounts Payable Clerk

Accounting Clerk I

SB-21

Purchasing/Budgets Clerk

Clerk III

SB-22

Payroll Clerk

Payroll Clerk II

SB-26

Computer Technician

Computer Support Technician

SB-28

Technology Supervisor

Computer Support Specialist

SB-34

Internet Administrator

Computer Support Specialist

SB-34

Payroll Assistant

Payroll Clerk I

SB-21

Delivery Clerk

Equipment Operator I

SB-16

Stores Clerk

DELETE

The above employees and classifications who are currently outside the Bargaining Unit in each School District shall remain outside the Bargaining Unit.

APPENDIX A:

LABRADOR SCHOOL DISTRICT #1:

2.01

Delete Clause 2.01 and

Schedule "A"

2.03

Delete Clause 2.03 (

e) and replace with the following:

Extra Curricular Runs

(

i) Bus drivers are required to drive on all charters that commence within the school day.

The wage rate paid to drivers who are required to drive on charters that commence within the school day and extend beyond the normal driving hours shall be as follows:

A driver will receive the regular rate up to 8 hours on a given day and will receive overtime at a rate of time and one half for all hours worked over 8 hours, provided they return on that same day.

(ii)

bus drivers wishing to participate in bus chartering to schools outside normal school hours and to outside groups must inform the Supervisor of Pupil Transportation at the beginning of each school year of their desire to do so.

Drivers indicating that they will participate in such charters must be willing to accept school sponsored charters as well as outside group charters.

The wage rate paid to drivers who participate in charters to outside groups (i.e. not school sponsored charters) will be at the regular rate for 8 hours per day and overtime rate for hours in excess of 8 hours per day or in excess of 40 hours per week.

19.01

Delete 19.01 (a) (b) (c)

22:03

Delete

CORMACK TRAIL SCHOOL DISTRICT 4:

Letter of Intent - Re:

Article 22 -- Paid Holidays, Clause 22.05:

Delete: Hilary Marche; Elaine Gilbert; Sandra McIntosh; and, Mary Ann Perrier.

Letter of Intent - Re:

Article 23 Annual Leave, Clause 23.01:

Delete: Harold Marsden and Elouise Gilbert.

Letter of Intent - Re:

Article 25.11, delete and replace with the following:

This is to verify that the only employee affected by this Article, Payment of Sick Leave Credits is Lucy Lushman.

BAIE VERTE / CENTRAL / CONNAIGRE SCHOOL DISTRICT #5:

3:01

Delete Clause 3.01 and

Schedule "A"

6.01

Delete Clause 6.01

20.01

Delete Clause 20.01 (

a) Letter of Intent Re:

Louise Andrews Delete

LEWISPORTE / GANDER SCHOOL DISTRICT #6:

3:01

Delete Clause 3.01 and

Schedule A

6.01

Delete Clause 6.01

20:01

Delete Clause 20.01

Letter of Intent re:

Wade and Ron Jenkins Delete

VISTA SCHOOL DISTRICT #8:

2.01

Delete Clause 2.01 and

Schedule "A"

8.01

Delete Clause 8.01 (

a) and Clause 8.01 (c)

8.02

Delete Clause 8.02(a)

8.02

Delete Clause 8.02(

b) and replace with the following:

On all days in which a part-time employee is required to work, his or her hours of work will not be less than three (3) hours per day or fifteen (15) hours per week.

This does not apply in cases where employees are called in to replace an employee who is on Early and Safe Return to Work under the Workplace Health, Safety and Compensation Act

11.13

Delete Clause 11.13

14.01

Delete Clause 14.01 (

c) Letter of Intent Re:

Vacation Pay Delete

Letter of Intent Re:

Workers Compensation Delete

Letter of Intent Re:

Work Allocation Delete

AVALON WEST SCHOOL DISTRICT #9:

4.01

Delete Clause 4.01(

a) and replace with the following:

Union and employer agree to incorporate the list as appears in

Schedule "A" into 8:01 as long as the exclusion list in

Schedule "C", below is maintained.

Schedule "A" Delete

SCHEDULE "C" Delete and replace with the following:

CLASSES OF EMPLOYEES EXCLUDED FROM THE BARGAINING UNIT.

Administrative Assistants

*Manager of Pupil Transportation (Formerly Supervisor of Transportation)

Assistant Directors of Education

*Operations Manager (Formerly Supervisor of Operations)

Associate Assistant Directors of Education

Student Assistants

Comptroller

Director of Education

Confidential Secretaries

Human Resource Administrators

Contractual Employees

Work Term Students

Executive Assistants

Other employees above the rank of non-working forepersons

Teachers

Employees governed by other collective agreements

*Title Change Only

Other employees above the rank of Non-Working Forepersons

Employees governed by other collective agreements

Delete Clause 4.02 (a) (iv)

Article 12 Seniority

Delete

15.01

Delete Clause 15.01(a)(

i) and Clause 15.01(a)(ii)

Article 17 Annual Leave

Insert the following:

Agreed to continue to grandparent the employees who were employed and entitled to this Leave as of March 31, 2001.

A list of employees has been provided to local presidents and individual employees have been notified.

17.01

Delete Clause 17.01 and replace with the following:

Full-time employees shall receive an annual vacation with pay in accordance with years of employment as follows:

From one (1) year up to and including eight (8) years, at the rate of one and one-quarter (1 ) days per month of employment to a maximum of fifteen (15) days per year; after eight (8) years, at the rate of one and two-thirds (1 2/3) days per month to a maximum of twenty (20) days per year; after sixteen (16) years, at the rate of two and one-twelfth (2 1/12) days per month to a maximum of twenty-five (25) days per year.

19.04

Delete Clause 19.04 (

c) and replace with the following:

In the case of the death of an employees aunt or uncle an employee employed as of March 31, 2001 and entitled to this leave shall be eligible for one (1) day bereavement leave where the employee attends the funeral.

19.05

Delete Clause

25.06

Delete Clause 25.06 and replace with the following:

For those employees who were employed as at March 31, 2001 time on strike shall not be considered a break in service.

CONSEIL SCOLAIRE FRANCOPHONE DISTRICT #11:

Insert the following:

Article 1 Recognition:

The Conseil scolaire francophone provincial recognizes the union as the sole and exclusive collective bargaining agent for the following classes of employees:

Maintenance Repairman Trades Worker

SB 24

School Secretary Clerk Typist 3

SB 24

Janitor Utility Worker 1

SB 17

Insert Memorandum of Understanding as follows:

It is agreed that with the exception of the recognition clause noted above, articles contained in Appendix A pertaining to the Cormack Trail School District will apply to the following grand-fathered employees of the Conseil scolaire employed on the island portion of the province:

Mrs. Manon Laverrre

Mr. Ted Rouzes

Mrs. Leah Cornect

Mr. Neil Cornect

Mrs. Anna Marche

Mrs. Lucy Kerfront

It is agreed that with the exception of the recognition clause noted above, articles contained in Appendix A pertaining to the Labrador School Board will apply to the following grand-fathered employees of the Conseil scolaire employed in the Labrador portion of the province:

Ms. Lucille Bell

Mrs. Murielle Malouin

Letter of Intent Re:

Article 34 Safety and Health - Delete

Travel on Employers Business Clause

Amend the collective agreement to provide for a formula to replace the automobile allowance as follows:

45.4/km for first 9,000 kilometers

31.5/km for kilometers in excess of 9,000 kilometers

Notice of Termination or Amendment Clause

Amend Clause to provide for September 1 st

as the first day on which collective bargaining may commence.

Group Insurance Cost Sharing Arrangement Clause

Agree to place General Service language in those collective agreements which do not reference a 50/50% cost sharing arrangement providing such an arrangement currently exists.

Early and Safe Return to Work Letter

Insert Letter of Intent as follows:

Re:

Early and Safe Return to Work

The parties are encouraged to meet and discuss the opportunity to further explore Early and Safe Return to Work initiatives.

Where practical, these discussions should occur within six (6) months of the signing of this agreement.

Labrador Benefits Agreement

Schedule

Delete and replace with the Labrador Benefits Agreement signed April 4, 2003 and expiring March 31, 2005.

(for example see

Schedule J of the General Service Collective Agreement)

Agreements

Schedule

Insert "Health Professionals (NAPE)" in the appropriate

schedule (for example see

Schedule N of the General Service Collective Agreement)

Memorandum of Understanding 2001 Health Insurance

Delete and replace with the following:

MEMORANDUM OF UNDERSTANDING 2004

HEALTH INSURANCE

There is agreement to extend the benefits of the current group health and insurance plan to temporary employees effective April 1, 2002.

The eligibility criteria at that time were amended as follows:

It is understood and agreed that effective April 1, 2002, eligibility under the group insurance programs, policies 7600 and 3412, is hereby amended to include the following class of employees, subject to the following:

Employees who have worked 50% or greater of the normal working hours in the previous calendar year will qualify for group insurance benefits as a condition of employment effective April 1, 2002.

Annual review on January 1 st

of each year will determine eligibility, continued enrollment or termination of coverage under these programs.

Should an employee terminate employment, all coverages under the programs terminate the date of termination.

For the purpose of determining group life insurance coverage, the amount will be based upon twice their annual salary, subject to a minimum amount of $10,000.

Employees determined to be eligible by the Employer for coverage under these group programs, based on the number of hours worked in the previous year, will not be required to produce evidence of insurability as enrollment is mandatory and a condition of employment.

As a result of the 2004 round of negotiations, the following was also agreed:

Employees determined to be eligible for coverage under the Atlantic Blue Cross Care Plan shall be continued for the full twelve (12) month period commencing April 1 st

of each year as long as they remain actively employed and pay the required premiums.

Temporary employees covered under this Agreement who are determined to be eligible will access group insurance programs that are currently available.

Premiums for these employees must be collected through payroll deductions.

Employees who accessed Maternity, Adoption and/or Parental Leave during the previous calendar year will be allowed to count, for eligibility purposes, the hours worked during such leave by the next senior employee in that period.

Premiums for employees who are off payroll for one (1) or more periods will be recovered from the next cheque unless extenuating circumstances exist.

This procedure for the recovery of premiums applies only to health care groups.

Existing arrangements for the recovery of premiums in other sectors shall continue for the life of that Agreement.

Employees who miss a payroll for reasons other than approved unpaid sick leave are required to pay 100% of the premiums.

Employees on unpaid sick leave are required to present supporting medical documentation to the Employer during the current pay period.

If necessary, a further review of the premium recovery process will occur within six (6) months of the signing of the relevant Collective Agreements.

This wording reflects amendments to the eligibility guidelines only as complete terms and policy conditions are set out in actual contracts on file with the Government of Newfoundland and Labrador, the policyholder.

GROUP INSURANCE COMMITTEE MEMBERSHIP

With respect to the membership of the Group Insurance Committee, it is understood and agreed that the complement of groups represented will remain unchanged throughout the term of this agreement.

STUDENT ASSISTANTS

COLLECTIVE AGREEMENT

between

HER MAJESTY THE QUEEN

IN RIGHT OF NEWFOUNDLAND

THE NEWFOUNDLAND AND LABRADOR

SCHOOL BOARDS ASSOCIATION

and

THE NEWFOUNDLAND AND LABRADOR

ASSOCIATION OF PUBLIC AND PRIVATE EMPLOYEES

9.15

Insert the following:

Failure to Settle Grievance

(

a) Where the grievance procedure has failed to settle the grievance, the parties may elect to have the matter referred to the grievance mediation process of the Department of Labour prior to electing to proceed to arbitration as outlined in Clause 10.01.

If the mediation process fails to resolve the issue, either party may then refer the matter to arbitration in accordance with

Article 10.

(

b) Where a grievance is submitted to mediation, such submission shall not in any way affect the time limits or any other provision of the Arbitration Procedure.

10.10

Insert the following:

(

a) Following the appointment of the Arbitrator /Arbitration Board referred to in 10:01 the date for the hearing will be set within six (6) months from the date the Arbitrator / Arbitration Board was appointed with the grievance to be concluded within twelve (12) months from the date the Arbitration Board was appointed.

(

b) In setting the dates for the Arbitration hearing the Arbitrator / Arbitration Board will allow the parties at least four (4) weeks preparation time.

(

c) All actions that impact on time limits referred to in Clause 10.10 will be confirmed in writing and the time limits will be operative from the date of the applicable correspondence and may only be changed by mutual agreement.

Subject to the above, the time limits referred to in this clause shall be mandatory for both parties and failure to follow time limits by either party will result in either dismissal of the grievance by the Association or consenting to the grievance by the Employer.

11.02

Delete Clause 11.02 and replace with the following:

Adverse Report

The Employer shall notify an employee in writing of any dissatisfaction concerning her work within seven (7) working days of occurrence or discovery of the incident giving rise to the complaint. This notification shall include particulars which led to such dissatisfaction.

If this procedure is not followed, such expression of dissatisfaction shall not become part of her record for use against her at any time.

This clause shall apply in respect of any expression of dissatisfaction relating to her work or otherwise which may be detrimental to an employee's advancement or standing with the Employer.

12.04

Delete Clause 12.04 and replace with the following:

The Employer shall maintain a seniority list showing the seniority of all employees as determined in accordance with this Article.

Copies shall be posted in October, January and June of each school year at the work site in space available for the Association notices and a copy provided to the local president. Employees shall be permitted the right to challenge the accuracy of the seniority list within thirty(30) days.

With the exception of a change from temporary to permanent status, this list shall be the only official list for all employee transactions involving the seniority provisions of this Agreement until it is next posted.

12.05

Insert the following:

Subject to 14.05, the Employer shall maintain a call-in list showing permanent, permanent part-time and temporary employees available for call-in.

This list shall be updated on a monthly basis.

Changes will be effective on the morning after the date following posting.

13.02

Delete Clause 13.02 (b)(ii) and replace with the following:

description of position (to include whether this is a new position or a job posting as a result of additional hours added to an existing position);

14.02

Delete Clause 14.02(

a) and replace with the following:

A laid off permanent/permanent part-time employee shall have the right to bump a junior employee in a school within the district provided she is qualified and able to perform the work required.

Insert Clause 14.02(

d) as follows:

For purposes of this Article, the normal temporary layoff of school year and seasonal employees such as during Christmas and Easter break will not trigger the bumping procedure of this Agreement, unless there is a permanent reduction in hours of work or abolition of a position.

14.05

Delete Clause 14.05 (

b) and replace with the following:

(

i) By June 1 st

of each school year, employees shall be required to advise each school board in writing of the schools in which they will be available to work for the next school year.

(ii)

Once the initial allocation of hours have been provided to the School Boards by the Department of Education for the upcoming school year, the employer shall notify

as many as is possible permanent and permanent part-time employees by July 30 th

, as to their placement for September of the upcoming school year.

Where changes are made to the allocation of hours in the School Board before the commencement of the school year, notice of lay-off under 14.04, and postings under

Article 15.02 shall be waived and affected employees shall be placed in positions in accordance with their seniority under

Article 14.05(

a) of this agreement.

Once the first day is worked in a position, the provisions under

Article 14.05 (

a) or

Article 15.02 shall no longer be waived.

Delete Clause 14.05 (c)(

i) and replace with the following:

(

i) Based on seniority, provided the employee is qualified and able to meet the requirements of the position, permanent employees not recalled and temporary employees who are eligible, may be called to fill a temporary position or to replace a permanent or a permanent part-time employee who is granted leave in accordance with the provisions of this Agreement or who is absent on sick leave.

Delete Clause 14.05 (c)(ii) and replace with the following:

(ii)

Calling of temporary employees shall be by School Board after the completion of their probationary period with that School Board.

15.02

Delete Clause 15.02 (

a) and replace with the following:

With the exception of bussing positions, the minimum hours of work shall be two and one half (2.5) hours per day, effective the start of the 2004-2005 school year.

Delete Clause 15.02 (

b) and replace with the following:

Both parties recognize the necessity for programming and scheduling for student needs.

Therefore, subject to clause 15.02(a) (i.e. the ability to meet the minimum required hours), the Employer will attempt to minimize overlapping by assigning the maximum number of hours to student assistant positions, except in situations where student programming and scheduling requires otherwise.

Overlapping of thirty (30) minutes or less will not be adjusted.

Insert at Clause 15.02 (

e) the following:

Where feasible, where student needs and programming are not affected, a Student Assistant may be employed in two (2) schools within the same school system in order to maximize his/her hours of work.

15.04

Delete Clause 15.04 (

b) and replace with the following:

Where the Employer determines that an employee is entitled to an unpaid lunch break, the Employer will provide a consecutive lunch break between the hours of 11:00 a.m. and 2:00 p.m., not exceeding the time allotted for the school scheduled lunch break in duration.

17.01

Delete Clause 17.01 (

a) and replace with the following:

Subject to 17.01(b), employees covered by this Collective Agreement shall be guaranteed nine (9) paid holidays per annum as declared by the School Board and as identified for each school on their school board

s annual calendar(s).

17.03

Delete Clause 17.03 and replace with the following:

Paid Holiday During Leave

If a paid holiday occurs when an employee is on paid sick leave, the employee shall be paid for the paid holiday and there shall be no reduction from the employee

s sick leave.

21.04

Delete Clause 21.04 and replace with the following:

If a payday occurs during Christmas, Easter or Summer Break, Student Assistants will be paid on the official date of closing for such breaks.

25.03

Insert the following:

Where the Employer requires the wearing of protective clothing or clothing is required in accordance with the Occupational Health and Safety Regulations, the Employer shall provide such clothing free of charge to the employees.

25.04

Insert the following:

Where in the opinion of the Employer a Student Assistant is at risk and requests immunization for Hepatitis B, it shall be provided at the Employer

s expense.

25.05

Insert the following:

The Employer shall provide lab coats, disposable gloves, wet wipes and antibacterial hand cleaner where necessary and applicable

Insert Letter of Understanding Re:

Hours of Work Committee

The Employer agrees that the Local President or his/her designate and the Director of Human Resources or his/her designate for each School Board shall meet within two months of the commencement of the school year to review the hours of work assigned to and deployed by the School Board to determine the scheduling procedures and whether overlapping is occurring and how it can be minimized.

This review shall be conducted each school year.

The employer will provide time off with pay for the Local President or his/her designate to attend such meetings.

Insert Letter of Understanding Re: Recall

Student Assistants will be recalled in accordance with Clause 14.05 (a).

In cases where the welfare of the student is not disadvantaged the Employer will endeavour to provide Student Assistants with a choice of available positions provided the Student Assistant is qualified and able to perform the work required.

Insert Letter of Understanding Re: Scheduling of Breaks (15.04(a))

It is not the intent of the employer to

schedule regular breaks at the beginning or end of a shift, except for extenuating circumstances that may occasionally occur.

Insert Letter of Understanding Re: Exceptional Circumstances (15.02(c))

It is agreed that on occasion, exceptional circumstances related to a short term change in the needs of a child may occur.

Where in the opinion of the Employer such exceptional circumstances occur, and new hours are allocated to a school, the Employer shall consult with the Union, and where mutually agreed, posting will be waived, and the new hours will be assigned to the senior Student Assistant in the school, where programming and scheduling needs permit.

Travel on Employer

s Business - Clause

Amend the collective agreement to provide for a formula to replace the automobile allowance as follows:

45.4

/km for first 9,000 kilometers

31.5

/km for kilometers in excess of 9,000 kilometers.

Notice of Termination or Amendment - Clause

Amend Clause to provide for September 1 st

as the first day on which collective bargaining may commence.

Group Insurance Cost Sharing Arrangement - Clause

Agree to place General Service language in those collective agreements which do not reference a 50/50% cost sharing arrangement providing such an arrangement currently exists.

Early and Safe Return to Work Letter

Insert Letter of Intent as follows:

Re:

Early and Safe Return to Work

The Parties are encouraged to meet and discuss the opportunity to further explore Early and Safe Return to Work initiatives. Where practical, these discussions should occur within six (6) months of the signing of this agreement.

Labrador Benefits Agreement -

Schedule

Delete and replace with the Labrador Benefits Agreement signed April 4, 2003 and expiring March 31, 2005.

(for example see

Schedule J of the General Service Collective Agreement)

Agreements -

Schedule

Insert "Health Professionals (NAPE)" in the appropriate

schedule (for example see

Schedule N of the General Service Collective Agreement)

Memorandum of Understanding - 2001 - Health Insurance

Delete and replace with the following:

MEMORANDUM OF UNDERSTANDING 2004

HEALTH INSURANCE

There is agreement to extend the benefits of the current group health and insurance plan to temporary employees effective April 1, 2002.

The eligibility criteria at that time were amended as follows:

It is understood and agreed that effective April 1, 2002, eligibility under the group insurance programs, policies 7600 and 3412, is hereby amended to include the following class of employees, subject to the following:

Employees who have worked 50% or greater of the normal working hours in the previous calendar year will qualify for group insurance benefits as a condition of employment effective April 1, 2002.

Annual review on January 1 st

of each year will determine eligibility, continued enrollment or termination of coverage under these programs.

Should an employee terminate employment, all coverages under the programs terminate the date of termination.

For the purpose of determining group life insurance coverage, the amount will be based upon twice their annual salary, subject to a minimum amount of $10,000.

Employees determined to be eligible by the Employer for coverage under these group programs, based on the number of hours worked in the previous year, will not be required to produce evidence of insurability as enrollment is mandatory and a condition of employment.

As a result of the 2004 round of negotiations, the following was also agreed:

Employees determined to be eligible for coverage under the Atlantic Blue Cross Care Plan shall be continued for the full twelve (12) month period commencing April 1 st

of each year as long as they remain actively employed and pay the required premiums.

Temporary employees covered under this Agreement who are determined to be eligible will access group insurance programs that are currently available.

Premiums for these employees must be collected through payroll deductions.

Employees who accessed Maternity, Adoption and/or Parental Leave during the previous calendar year will be allowed to count, for eligibility purposes, the hours worked during such leave by the next senior employee in that period.

Premiums for employees who are off payroll for one (1) or more periods will be recovered from the next cheque unless extenuating circumstances exist.

This procedure for the recovery of premiums applies only to health care groups.

Existing arrangements for the recovery of premiums in other sectors shall continue for the life of that Agreement.

Employees who miss a payroll for reasons other than approved unpaid sick leave are required to pay 100% of the premiums.

Employees on unpaid sick leave are required to present supporting medical documentation to the Employer during the current pay period.

If necessary, a further review of the premium recovery process will occur within six (6) months of the signing of the relevant Collective Agreements.

This wording reflects amendments to the eligibility guidelines only as complete terms and policy conditions are set out in actual contracts on file with the Government of Newfoundland and Labrador, the policyholder.

GROUP INSURANCE COMMITTEE MEMBERSHIP

With respect to the membership of the Group Insurance Committee, it is understood and agreed that the complement of groups represented will remain unchanged throughout the term of this agreement.

COLLECTIVE AGREEMENT

BETWEEN:

HER MAJESTY THE QUEEN

IN RIGHT OF NEWFOUNDLAND

(Represented herein by the Treasury Board)

AND:

AVALON EAST SCHOOL BOARD

Hereinafter called the Employer,

Party of the First Part

AND:

CANADIAN UNION OF

PUBLIC EMPLOYEES, LOCAL 1560

Party of the Second

Part

8:01

Delete Clause 8.01 (c) (3) and replace with the following:

(

c) Expedited Arbitration

(3) Decisions of the Arbitrator will be binding on both parties within the guidelines of the Public Service Collective Bargaining Act

9:05

Insert the following:

Right to Have Steward Present

Where a supervisor intends to interview an employee for disciplinary purposes, the supervisor shall so notify the employee in advance of the purpose of the interview in order that the employee may contact her steward to be present at the interview.

When employees are required to attend a meeting where a disciplinary decision concerning them is to be taken by the Employer, or a representative of the Employer, the employees will be notified that they are entitled, at their request, to have a representative of the Union attend the meeting.

10.03

Delete Clause 10.03 and replace with the following:

Probation and Trial Period

(

a) Probation for New Permanent Employees -

A newly hired employee shall be on probation for a period of sixty (60) days of work at least thirty (30) of which shall occur during the school year.

During the probationary period, the employee shall be entitled to all rights and benefits of this Agreement, except in the case of discharge.

Seniority numbers for permanent employees shall be assigned on the original date of employment.

(

b) Trial Period -

Employees who have received their seniority number and apply for or are transferred to a new classification shall assume their new duties on a trial basis for up to sixty (60) days of work, the first fourteen (14) days of which shall be a familiarization period.

Conditional on satisfactory service, the employee shall be confirmed in the position after the trial period.

In the event that the successful applicant proves unsatisfactory in the position during the trial period, or if the employee is unable to perform the duties of the new job classification, he or she shall be returned to his or her former position, wage or salary rate without loss of seniority and accrued benefits.

Likewise, any other employee promoted or transferred because of the successful applicant's promotion shall be returned to his or her former position, wage or salary.

It is understood that this is a trial period not a training period.

10.07

Delete Clause 10.07 (b) (2) and replace with the following:

Any employee who is laid off or bumped in accordance with this

Article shall make his or her intention known to the Employer, with respect to bumping, within five (5) working days of being notified of such by the Employer.

Notwithstanding any other provision of this

Article an employee shall be given no less than 48 hours notice that he/she is to be bumped.

10:11

Delete Clause 10.11 and replace with the following:

Promotions Requiring Higher Qualifications -

Consideration for promotions will be given to the senior applicant who does not possess the required qualifications, but is preparing for qualification which will be completed within the trial period as defined in

Article 10.03(

b) or such longer period as may be mutually agreed upon between the parties.

Such employee reverts to his or her former position if the required qualifications are not met within such time.

15:01

Delete Clause 15.01 and replace with the following:

Sick Leave Defined

Sick leave means the period of time an employee is absent from work with full pay by virtue of being sick, disabled, quarantined because of a contagious disease, or under examination or treatment of a physician, chiropractor, or dentist or because of an accident for which compensation is not payable under the Workplace Health, Safety and Compensation Act

15:09

Delete Clause 15.09 and replace with the following:

Extension of Sick Leave

Subject to

article 27:01 (

a) and (

b) and the Employer being able to recover monies owing in the event the employee fails to return to work, an employee with more than one (1) year of service who has exhausted his or her sick leave credits shall be allowed an extension of his or her sick leave to a maximum of fifteen (15) working days for each serious illness.

Upon his or her return to duty, the employee shall repay the extension of sick leave in full at the rate of one-half of his or her monthly accumulation.

No employee shall have his or her services terminated by virtue of having exhausted his or her sick leave credits

16:01

Delete Clause 16.01 and replace with the following:

Negotiation Pay Provision

Representation of the Union for negotiation will not exceed five (5) employees.

Those employees shall not suffer any loss of pay when required to leave their employment temporarily in order to carry on negotiations with the Employer.

This time shall include a maximum of one (1) working day per negotiating member for preparation of the negotiation proposal.

16:08

Delete Clause 16.08 and replace with the following:

Time Off for Elections

Employees shall be allowed four (4) consecutive hours before the closing of the polls in any Provincial or Municipal election for the purpose of voting.

Employees shall be allowed four (4) consecutive hours before the closing of polls in any Federal election for the purposes of voting.

16:10

Delete Clause 16.10 and replace with the following:

Storm Conditions

When weather conditions have dictated that schools have been closed by the Directors Office, the members of the Union shall report for work if the District Office is remaining open but shall be permitted to leave work in the event the District office closes.

When an employee, through no fault of his or her own, is unable to report for work because of the adverse weather conditions, such employee shall suffer no loss of pay or other benefits, nor shall he or she be required to make up, in any way, for time lost due to not reporting for work.

It is expected that employees shall make every reasonable effort to report for work and shall keep the Employer informed of their status.

Notwithstanding the above, employees in the Program Assistant classification shall not be required to report for work, nor shall they suffer any loss of leave thereof.

16:11

Delete Clause 16.11 (e) (iii) and replace with the following:

An Employee who is elected or selected for a full-time position with the Union, or an affiliated organization shall be granted unpaid leave of absence without loss of accrued seniority or benefits for a period of up to two (2) years. Such leave shall, subject to operational requirements, be renewed upon written request to the Employer one (1) month prior to any renewed term of office.

17:04

Insert new Clause 17.04 (e):

Mileage reimbursement for any trades people who provide their own transportation will be paid based on the differential between the employees home and the work site and the employees home and the employees permanent worksite.

28:01

Delete Clause 28.01 and replace with the following:

Co-operation on Safety

The union and the Employer shall comply with all relevant legislation and co-operate in improving rules and practices which will provide adequate protection to employees in hazardous work.

28:02

Delete Clause 28.02 and replace with the following:

Union Employer Safety Committee

The parties agree to the establishment of an Occupational Health and Safety oversight committee composed of three representatives appointed by the employer and three representatives appointed by the union.

The committee shall meet quarterly to review matters of immediate concern or issues which are recurring in a work location(

s) and which the site OH&S committee has failed to resolve.

Schedule B Delete Item B. Salary Scale Implementation and replace with the following:

Step Progression

Employees shall continue to advance one (1) step annually on their respective salary scale for each twelve (12) months of service accumulated after their last preceding step movement.

New employees shall advance one (1) step annually on their respective salary scales effective on the date twelve (12) months of service is accumulated, and thereafter from year to year for each additional twelve (12) months of service is accumulated.

All employees who are employed for the full school year (which is normally ten (10) months) shall advance to Step Two (2) of their respective salary scales on their first anniversary date after having completed ten (10) months of service and Step Three (3) on their second anniversary date following ten (10) months of accumulated service.

Travel on Employers Business Clause

Amend the collective agreement to provide for a formula to replace the automobile allowance as follows:

45.4/km for first 9,000 kilometers

31.5/km for kilometers in excess of 9,000 kilometers

Notice of Termination or Amendment Clause

Amend Clause to provide for September 1 st

as the first day on which collective bargaining may commence.

Group Insurance Cost Sharing Arrangement Clause

Agree to place General Service language in those collective agreements which do not reference a 50/50% cost sharing arrangement providing such an arrangement currently exists.

Early and Safe Return to Work Letter

Insert Letter of Intent as follows:

Re:

Early and Safe Return to Work

The parties are encouraged to meet and discuss the opportunity to further explore Early and Safe Return to Work initiatives.

Where practical, these discussions should occur within six (6) months of the signing of this agreement.

Labrador Benefits Agreement

Schedule

Delete and replace with the Labrador Benefits Agreement signed April 4, 2003 and expiring March 31, 2005.

(for example see

Schedule J of the General Service Collective Agreement)

Agreements

Schedule

Insert "Health Professionals (NAPE)" in the appropriate

schedule (for example see

Schedule N of the General Service Collective Agreement)

Memorandum of Understanding 2001 Health Insurance

Delete and replace with the following:

MEMORANDUM OF UNDERSTANDING 2004

HEALTH INSURANCE

There is agreement to extend the benefits of the current group health and insurance plan to temporary employees effective April 1, 2002.

The eligibility criteria at that time were amended as follows:

It is understood and agreed that effective April 1, 2002, eligibility under the group insurance programs, policies 7600 and 3412, is hereby amended to include the following class of employees, subject to the following:

Employees who have worked 50% or greater of the normal working hours in the previous calendar year will qualify for group insurance benefits as a condition of employment effective April 1, 2002.

Annual review on January 1 st

of each year will determine eligibility, continued enrollment or termination of coverage under these programs.

Should an employee terminate employment, all coverages under the programs terminate the date of termination.

For the purpose of determining group life insurance coverage, the amount will be based upon twice their annual salary, subject to a minimum amount of $10,000.

Employees determined to be eligible by the Employer for coverage under these group programs, based on the number of hours worked in the previous year, will not be required to produce evidence of insurability as enrollment is mandatory and a condition of employment.

As a result of the 2004 round of negotiations, the following was also agreed:

Employees determined to be eligible for coverage under the Atlantic Blue Cross Care Plan shall be continued for the full twelve (12) month period commencing April 1 st

of each year as long as they remain actively employed and pay the required premiums.

Temporary employees covered under this Agreement who are determined to be eligible will access group insurance programs that are currently available.

Premiums for these employees must be collected through payroll deductions.

Employees who accessed Maternity, Adoption and/or Parental Leave during the previous calendar year will be allowed to count, for eligibility purposes, the hours worked during such leave by the next senior employee in that period.

Premiums for employees who are off payroll for one (1) or more periods will be recovered from the next cheque unless extenuating circumstances exist.

This procedure for the recovery of premiums applies only to health care groups.

Existing arrangements for the recovery of premiums in other sectors shall continue for the life of that Agreement.

Employees who miss a payroll for reasons other than approved unpaid sick leave are required to pay 100% of the premiums.

Employees on unpaid sick leave are required to present supporting medical documentation to the Employer during the current pay period.

If necessary, a further review of the premium recovery process will occur within six (6) months of the signing of the relevant Collective Agreements.

This wording reflects amendments to the eligibility guidelines only as complete terms and policy conditions are set out in actual contracts on file with the Government of Newfoundland and Labrador, the policyholder.

GROUP INSURANCE COMMITTEE MEMBERSHIP

With respect to the membership of the Group Insurance Committee, it is understood and agreed that the complement of groups represented will remain unchanged throughout the term of this agreement.

MASTER COLLECTIVE AGREEMENT

BETWEEN

Her Majesty the Queen

in Right of Newfoundland

(Represented herein by the Treasury Board)

AND

Northern Peninsula / Labrador South School District # 2

Corner Brook / Deer Lake / St. Barbe School District # 3

Burin Peninsula School District # 7

AND

The Canadian Union of Public Employees

Locals 2033, 2212 and 3148

4.02

Delete Clause 4.02(

a) and replace with the following:

Personal Harassment

The Employer and the Union recognize the right of all employees to work in an environment free from harassment and shall work together to ensure that harassment is actively discouraged.

All reported incidents of harassment shall be thoroughly investigated as quickly and as confidentially as possible.

The Employer and the Union agree to take all steps to ensure that the harassment stops and that individuals who engage in such behaviour shall be appropriately disciplined, up to and including dismissal.

The Employer and the Union agree that victims of harassment shall be protected, where possible, from the repercussions which may result from a complaint.

10.06

Delete Clause

14.02

Delete Clause 14.02 and replace with the following:

Seniority List

The Employer shall maintain a seniority list in accordance with Clause 14.01

showing the date upon which each employee

s service with the Board commenced.

When applying the seniority provisions of the agreement the lower social insurance number will be used to determine preference where seniority entitlements are equal.

A current seniority list shall be sent to the Union and to each employee in September of each year.

The seniority list shall contain:

(

a) each employee

s classification.

(

b) whether he/she is full-time or part-time or temporary;

(

c) the number of days each employee works;

(

d) the school and the community in which the employee works;

(

e) the employee

s seniority number.

Employees shall be permitted the right to challenge the accuracy of the seniority list within thirty (30) days of a list being sent to each employee and the Union.

After the thirty (30) day period the list may only be amended by the addition of new hires and/or deletion due to termination, resignation, retirement or expiry of recall rights.

The Union will be advised of any additions or deletions.

14.03

Delete Clause 14.03 (

a) and replace with the following

Probation for Newly Hired Employees

A newly hired employee shall be on probation for a period of seventy-five (75) days of work from the date of hiring.

14.04

Delete Clause 14.04 (4) (

c) and replace with the following:

Notwithstanding 14.04(

b) and 16.08 a temporary employee

who refuses to accept three (3) recalls within a twelve

(12) month period without valid reasons acceptable to the Employer.

Delete Clause 14.04 (6) and replace with the following:

he/she is declared redundant and has received all redundancy pay entitlement.

Employees who are re-employed in accordance with the provision of 16.05(

c) will not be credited with prior service but will count the seniority from the date of re-employment.

15.04

Delete Clause 15.04 and replace with the following:

Trial Period

The successful applicant shall be placed on trial for a period up to sixty (60) days of work during the school term.

Conditional on satisfactory service, the Employer shall confirm the employee

s appointment after the period of sixty (60) days of work during the school term.

In the event that the successful applicant proves unsatisfactory in the position during the trial period or if the employee is unable to perform the duties of the new job classification, he/she shall be returned to his/her former position, wage or salary rate.

If a permanent employee is unable to return to his/her former position because the employee

s former permanent

position has been declared redundant within the trial period the provisions of

Article 16 - Layoffs and Recalls shall apply. Any other employee promoted or transferred because of the rearrangement of positions shall also be returned to his/her former position, wage or salary rate, without loss of seniority.

The parties may mutually agree in writing to extend the trial period.

Where the Employer and the Union agree the employee may revert to his/her former position prior to the completion of the trial period.

15.10

Insert the following:

Term Contract

When a temporary vacancy occurs in an area of the Board

s jurisdiction and the applicants do not meet the minimum requirements for the position, the parties agree to negotiate a lower classification for the duration of the vacancy.

16.01

Delete Clause 16.01 and replace with the following:

Role of Seniority in Lay-offs

Both parties recognize that job security shall increase in proportion to length of service.

Therefore, in the event of lay-off, employees shall be laid off in the reverse order, by classification, provided that those employees being retained have sufficient qualifications to do the work required.

Temporary employees shall be laid off before any permanent employees are laid off provided that the permanent employees being retained are qualified and able to perform the work required.

No temporary employee shall bump a permanent employee upon lay-off.

16.02

Delete Clause 16.02 (

a) and replace with the following:

Employees shall be recalled by classification in the order of their seniority, provided that those employees being recalled have sufficient qualifications to do the work required.

Permanent employees shall be recalled before temporary employees provided that the permanent employees being recalled are qualified and able to do the work required.

16.03

Insert the following:

(

e) A permanent employee who bumps into a temporary position shall retain his/her permanent status.

(

f) Notwithstanding the above, ten (10) month employees shall not bump twelve (12) month employees during annual shutdowns.

Annual shutdown, for the purpose of this article, are understood to be Christmas, Easter and summer.

18.03

Delete

19.01

Delete Clause 19.01 and replace with the following:

The decision to relieve or not require bargaining unit employees to report for work because of weather conditions originates at the Board District Office.

This decision shall take into consideration advisories by appropriate authorities on road and weather conditions, including but not limited to the Department of Transportation.

Where, because of severe weather conditions, a decision has been made to relieve or not require bargaining unit employees to report for work, such employees will receive pay accordingly.

If employees are given permission to leave the job due to extreme weather conditions, they shall not be required to compensate the Employer for such time lost and shall be paid straight time hours as if they had worked the normal full daily shift.

Employees who continue to work after permission has been granted according to Clause 19.01 (

a) will receive straight time pay for completion of normal daily shift time.

When weather conditions have dictated that schools have been closed by the Employer the members of the Union are required to report for work unless otherwise advised directly or in the media.

When an employee

through no fault of his/her own is unable to report for work because of the adverse weather conditions,

such employee shall suffer no loss of pay or other benefits nor shall he/she be required to make up in any way the time lost due to not reporting for work.

All bargaining unit employees shall be treated in a fair and consistent manner.

It is expected that employees shall make every reasonable effort to report for work and shall keep the Employer informed of their status.

20.04

Delete Clause 20.04 and replace with the following:

Pay for Regularly Scheduled Work on a Holiday

(

a) An employee who is not scheduled to work on the holidays outlined in 20.01 shall receive holiday pay equal to one day

s pay. An employee who is scheduled to work shall be paid at the rate of time and one-half (1

) plus another day off with pay, in lieu of holiday pay, at a time mutually agreed to by the Employer and the employee.

(

b) In the event schools are open on a scheduled holiday, these holidays will be worked at regular straight time rates and a day off will be rescheduled to a period when schools are closed. Should an employee be laid off or quit before the holiday is rescheduled, he/she shall be paid for the regular straight time hours worked.

2.01

Delete Clause 22.01 and replace with the following:

Sick Leave Defined

Sick leave means the period of time an employee is absent from work with full pay by virtue of being sick or disabled, exposed to a contagious disease or under examination or treatment of a physician, chiropractor, or dentist or because of an accident for which compensation is not payable under the Workplace Health, Safety and Compensation Act

34. 25

Insert the following:

"School Term" means the period from school opening in September to school closing in June of each year.

Delete Letter of Intent at Page 76 Re: Past Practice District 3

Delete Letter of Intent at

Page 80 Re: Oil Burner Technician District 2

Delete Letter of Intent at

Page 83 Re: Hours of Work

Delete Letter of Intent at Page 84 Re: Trades Study

Delete Letter of Intent at Page 89 Re: Job Class Maintenance I

Delete Letter of intent at Page 91 Re: Lead Bus Drivers District 7 and replace with the following:

Said employees shall be red-circled until such time as the classification SB-22 reaches the hourly wage rate of $16.08.

Insert Memorandum Of Understanding Re:

Transportation of New School Busses to Depot

It is agreed that in instances where it is required to transport new school busses from delivery points within the Province of Newfoundland and Labrador, bargaining unit employees who are qualified and able will perform such duties based on seniority on a rotational basis.

Travel on Employer

s Business - Clause

Amend the collective agreement to provide for a formula to replace the automobile allowance as follows:

45.4

/km for first 9,000 kilometers

31.5

/km for kilometers in excess of 9,000 kilometers.

Notice of Termination or Amendment - Clause

Amend Clause to provide for September 1 st

as the first day on which collective bargaining may commence.

Group Insurance Cost Sharing Arrangement - Clause

Agree to place General Service language in those collective agreements which do not reference a 50/50% cost sharing arrangement providing such an arrangement currently exists.

Early and Safe Return to Work Letter

Insert Letter of Intent as follows:

Re:

Early and Safe Return to Work

The Parties are encouraged to meet and discuss the opportunity to further explore Early and Safe Return to Work initiatives. Where practical, these discussions should occur within six (6) months of the signing of this agreement.

Labrador Benefits Agreement -

Schedule

Delete and replace with the Labrador Benefits Agreement signed April 4, 2003 and expiring March 31, 2005.

(for example see

Schedule J of the General Service Collective Agreement)

Agreements -

Schedule

Insert "Health Professionals (NAPE)" in the appropriate

schedule (for example see

Schedule N of the General Service Collective Agreement)

Memorandum of Understanding - 2001 - Health Insurance

Delete and replace with the following:

MEMORANDUM OF UNDERSTANDING 2004

HEALTH INSURANCE

There is agreement to extend the benefits of the current group health and insurance plan to temporary employees effective April 1, 2002.

The eligibility criteria at that time were amended as follows:

It is understood and agreed that effective April 1, 2002, eligibility under the group insurance programs, policies 7600 and 3412, is hereby amended to include the following class of employees, subject to the following:

Employees who have worked 50% or greater of the normal working hours in the previous calendar year will qualify for group insurance benefits as a condition of employment effective April 1, 2002.

Annual review on January 1 st

of each year will determine eligibility, continued enrollment or termination of coverage under these programs.

Should an employee terminate employment, all coverages under the programs terminate the date of termination.

For the purpose of determining group life insurance coverage, the amount will be based upon twice their annual salary, subject to a minimum amount of $10,000.

Employees determined to be eligible by the Employer for coverage under these group programs, based on the number of hours worked in the previous year, will not be required to produce evidence of insurability as enrollment is mandatory and a condition of employment.

As a result of the 2004 round of negotiations, the following was also agreed:

Employees determined to be eligible for coverage under the Atlantic Blue Cross Care Plan shall be continued for the full twelve (12) month period commencing April 1 st

of each year as long as they remain actively employed and pay the required premiums.

Temporary employees covered under this Agreement who are determined to be eligible will access group insurance programs that are currently available.

Premiums for these employees must be collected through payroll deductions.

Employees who accessed Maternity, Adoption and/or Parental Leave during the previous calendar year will be allowed to count, for eligibility purposes, the hours worked during such leave by the next senior employee in that period.

Premiums for employees who are off payroll for one (1) or more periods will be recovered from the next cheque unless extenuating circumstances exist.

This procedure for the recovery of premiums applies only to health care groups.

Existing arrangements for the recovery of premiums in other sectors shall continue for the life of that Agreement.

Employees who miss a payroll for reasons other than approved unpaid sick leave are required to pay 100% of the premiums.

Employees on unpaid sick leave are required to present supporting medical documentation to the Employer during the current pay period.

If necessary, a further review of the premium recovery process will occur within six (6) months of the signing of the relevant Collective Agreements.

This wording reflects amendments to the eligibility guidelines only as complete terms and policy conditions are set out in actual contracts on file with the Government of Newfoundland and Labrador, the policyholder.

GROUP INSURANCE COMMITTEE MEMBERSHIP

With respect to the membership of the Group Insurance Committee, it is understood and agreed that the complement of groups represented will remain unchanged throughout the term of this agreement.

COLLECTIVE AGREEMENT

COLLEGE OF THE NORTH ATLANTIC

SUPPORT STAFF AGREEMENT

BETWEEN

HER MAJESTY THE QUEEN IN RIGHT OF NEWFOUNDLAND

represented herein by Treasury Board;

THE BOARD OF GOVERNORS OF THE COLLEGE OF THE NORTH ATLANTIC

AND

THE NEWFOUNDLAND ASSOCIATION OF PUBLIC EMPLOYEES

4.05

Delete Clause 4.05 and replace with the following:

The Employer shall undertake to investigate alleged occurrences with all possible dispatch.

The Employer and the union agree the victim shall be protected from repercussions which may result from his/her complaint.

5.01

Delete Clause 5.01 (

l) and replace with the following:

"layoff" means a temporary cessation of employment due to a lack of work or abolition of a post.

Employees who have a reduction in their hours of work shall have access to the lay-off provisions of

Article 40.

Delete Clause 5.01 (

x) and replace with the following:

"service" means any period of employment excluding overtime either before or after the date of signing of this Agreement in respect of which an employee is in receipt of salary or wages from the Employer and includes periods of special leave without pay not exceeding twenty (20) working days in the aggregate in any year unless otherwise specified in this Agreement.

(U4 agreed to E1)

Delete Clause 5.01 (

y) and replace with the following:

"Seniority" means the length of service an employee has with the Employer in a bargaining unit position which is paid on the CN Scale, or service in a non-supervisory position which is paid on a Management Pay Plan, and subject to Clause 37.02, shall date from the last entry into employment with the Employer.

Seniority shall also include the seniority an employee had accumulated in an MOS, GS or CI position with the Provincial Colleges.

New employees hired after July 1, 2004 into non-bargaining unit CN positions or non-supervisory non-management positions paid on the Management Pay Plan shall not have such service counted for seniority should they obtain a bargaining unit position.

6.01

Delete Clause 6.01 and replace with the following:

The Employer recognizes the union as the sole and exclusive bargaining agent for all classes of employees listed in

Schedule

but excluding from such classes special groups as listed in

Schedule

10.04

Delete Clause 10.04 and replace with the following:

Where a Shop Steward is available, the employee will be introduced to him/her within one (1) month.

12.01

Delete Clause 12.01, Step I, and replace with the following:

Step I

The aggrieved employee shall, within five (5) working days of the occurrence or discovery of the incident giving rise to the alleged grievance, submit a grievance to a Shop Steward.

Delete Clause 12.01, Step II, and replace with the following:

Step II

If the Shop Steward considers the grievance to be justified, the employee concerned, together with the Shop Steward, or the Steward alone if the employee wishes, may, within five (5) days following receipt of the grievance by the Shop Steward, submit the grievance in writing to the employee's non-bargaining unit supervisor.

Delete Clause 12.01, Step III, and replace with the following:

Step III

If the employee fails to receive a satisfactory answer to the grievance within five (5) days after the filing of the grievance at Step II, the employee may, within a further five (5) days submit the grievance in writing to the President or designate who, for the purpose of investigating the grievance, shall form a committee consisting of four (4) persons, comprising an equal number of Employer and Union representatives.

The Union shall appoint its two (2) representatives to the committee and advise the Employer at the time when the grievance is submitted to the President or designate.

The Employer shall appoint two (2) representatives and notify the Union within ten (10) days of the names of the Employer representatives on the Grievance Committee.

One of the Employer's representatives shall chair the meeting(s).

The committee shall be entitled to interview such persons as it deems necessary for the investigation of the grievance and shall give its decision in writing to the grievor within ten (10) days of receipt of the grievance.

The committee's report shall consist of the joint decision of the committee where the committee members agree to a solution.

If the matter is not mutually resolved by the committee, then the Employer's representatives will send their position, along with a brief

summary of the committee's deliberations, to the union, with a copy being sent to the grievor.

14.01

Delete Clause 14.01 (

b) and replace with the following:

The regularly scheduled hours of work for employees of District 7 employed in the classification Security Guard shall be forty-two (42) hours per week and twelve (12) hours per day, exclusive of meal breaks.

21.01

Insert Clause 21.01 (

c) as follows:

For the purpose of this Article, a "common-law spouse" relationship is said to exist when, for a continuous period of at least one (1) year, an employee has lived with a person of the opposite or same sex, publicly represented that person to be his/her spouse and lives and intends to continue to live with that person as if that person were his/her spouse.

23.01

Delete Clause 23.01 and replace with the following:

Sick leave means a period of time that an employee has been permitted to be absent from work without loss of pay by virtue of being sick, disabled, quarantined, or because of an accident for which compensation is not payable under the Workplace Health, Safety and Compensation Act

, RSNL1990

Chapter W-11.

24.05

Delete Clause 24.05 and replace with the following:

The Employer will endeavor to provide child care services for its employees wherever possible.

29.01

Delete Clause 29.01 (

a) and replace with the following:

All employees shall be covered by the Workplace Health, Safety and Compensation Act

, RSNL1990

Chapter W-11.

Delete Clause 29.01 (

b) and replace with the following:

An employee who is unable to perform the employee

s duties because of a personal injury received in the performance of the employee

s duties shall report the matter to the employee

s Supervisor and submit an account of the accident using the prescribed form as soon as possible.

An employee

s claim will not be delayed where the prescribed form is not immediately provided to the employee through the Supervisor.

Delete Clause 29.01 (

c) and replace with the following:

An employee who is unable to perform the employee

s duties because of a personal injury received in the performance of the employee

s duties shall be immediately placed on Injury on Duty Leave and receive compensation in accordance with the provisions of the Workplace Health, Safety and Compensation Act

, RSNL1990

Chapter W-11.

If the claim is subsequently denied by the Workplace Health, Safety and Compensation Commission, the employee may access other available benefits including sick leave and annual leave.

29.02

Delete Clause 29.02 (

a) and replace with the following:

In the event that the employee dies as a result of an injury received in the performance of the employee

s duties, the employee

s estate shall receive all death benefits owing to the employee in accordance with the provisions of the Workplace Health, Safety and Compensation Act

, RSNL1990

Chapter W-11, in addition to any benefits the employee would be eligible for under the Public Service Pensions Act, 1991

Delete Clause 29.02 (

b) and replace with the following:

In the event that an employee becomes permanently disabled or incurs a recurring disability as a result of an injury received during the performance of the employee

s duties the employee will receive benefits in accordance with the provisions of the Workplace Health, Safety and Compensation Act

, RSNL1990

Chapter W-11.

29.05

Delete Clause 29.05 and replace with the following:

The Employer determines whether its employees will be covered directly by the Workplace Health, Safety and Compensation Commission or indirectly through a "self-insured" arrangement.

Benefits under either arrangement are to be in accordance with the provisions of the Workplace Health, Safety and Compensation Act

, RSNL1990

Chapter W-11.

33.03

Delete Clause 33.03 and replace with the following:

Adverse Report

Where the Employer notifies an employee in writing of any dissatisfaction concerning his/her work or otherwise which may affect the employee

s standing with the Employer, such notification shall be given within five (5) working days of the event of the complaint or discovery of the complaint.

If this procedure is not followed, such expression of dissatisfaction shall not become part of his/her record for use against him/her at any time.

If an investigation is required the time constraints referenced in the

Article shall commence upon completion of the investigation.

37.01

Delete Clause 37.01 and replace with the following:

Seniority means:

(

a) the length of service an employee has with the Employer in a bargaining unit position which is paid on the CN Pay Scale, or service in a non-supervisory position which is paid on a Management Pay Plan, and shall date from the last entry into employment with the Employer.

Seniority shall also include the seniority an employee had accumulated in an MOS, GS or CI position with the Provincial Colleges.

New employees hired after July 1, 2004 into non-bargaining unit CN positions or non-supervisory non-management positions paid on the Management Pay Plan shall not have such service counted for seniority should they obtain a bargaining unit position.

(

b) Seniority for employees placed back into the Bargaining Unit:

An employee whose position is outside the Bargaining Unit and whose position is negotiated into the Bargaining Unit by the parties or whose position is included in the Bargaining Unit by the Labour Relations Board, shall be given seniority equivalent to the employee

s length of service with the Employer (either inside or outside the Bargaining Unit) but excluding overtime as long as he/she remains in the same classification.

Should the employee apply for another position within the Bargaining Unit, the seniority of that employee shall commence from the date that the employee was included in the Bargaining Unit.

Should the employee be subjected to layoff, he/she would only have seniority from the date that he/she was included in the Bargaining Unit.

(

c) service during the first thirteen (13) months of a permanent appointment to a supervisory position on a Management Pay Plan.

38.05

Delete Clause 38.05 (

a) and replace with the following:

All vacancies identified in accordance with Clause 38.01(a), will be posted within the public service prior to outside applicants being considered, except where in the opinion of the Public Service Commission, it is not in the public interest to comply with this provision.

Delete Clause 38.05 (

b) and replace with the following:

Whereas the parties recognize:

(

i) opportunity for promotion should increase with length of service;

(ii)

the parties therefore agree that in evaluating candidates who have been recommended by either the Public Service Commission or a chair of a College selection committee for promotion, the President or his/her designate shall consider three (3) criteria: qualifications, ability and seniority;

(iii)

where the recommended candidates are evaluated as being relatively equal in accordance with Clause 38.05(b)(ii), the senior recommended candidate shall be selected for appointment.

For the purpose of this clause promotion shall include the movement of employees from one status, (permanent, sessional, or temporary) to another.

Employees who remain on the same salary scale after promotion shall have no adjustment to salary.

40.01

Delete Clause 40.01 (1) and replace with the following:

(

a) Employees exercising their rights must be qualified and able to perform the duties of the position they intend to occupy.

(

b) All employees hired after July 1, 2004, will earn seniority if occupying a bargaining unit position, but will not be eligible for bumping or recall unless they have acquired their position in accordance with

Article 38 of this Agreement.

40.01

Delete Clause 40.01 (3) (c) (

v) and replace with the following:

If, after exhausting the options outlined above, a permanent or sessional employee has not been able to bump, then the employee shall be entitled to bump as follows:

A less senior employee in the affected classification in the Province;

(ii)

A less senior employee in an equivalent or lower classification in the Province.

40.01

Delete Clause 40.01 (3) (

e) and replace with the following:

Notwithstanding 3 (

c) above, a sessional employee shall not be permitted to bump, nor shall they have rights of recall to positions other than their sessional position when laid off as part of their regular sessional appointment.

Should a sessional employee not be recalled when the regular sessional recall occurs, that employee shall have the option to bump in accordance with (

c) above for ten (10) days from the date of the regular sessional recall.

49.04

Delete Clause 49.04 (

b) and replace with the following:

Maintenance and general workers will continue to receive the present allotment of work clothes and other wear items as listed in

Schedule "E".

50.03

Delete Clause 50.03 and replace with the following:

Employee Assistance Program

Without detracting from the existing rights and obligations of the parties recognized in other provisions of this Agreement, the Employer and the Union agree to co-operate in encouraging employees affected with alcohol, drug or other personal problems to undergo a co-ordinated program directed to the objective of their rehabilitation.

The Employee Assistance Program co-ordinated by the Public Service Commission shall continue to operate to meet the joint objective described above.

Any changes to the Program must have the approval of both parties.

50.07

Delete

SCHEDULE "C" - CLASSIFICATION LIST:

Agree to Update

SCHEDULE "L" - LABRADOR BENEFITS AGREEMENT

Delete

Schedule "L" and replace with the Labrador Benefits Agreement signed April 4, 2003 and expiring March 31, 2005.

SCHEDULE "M" - LIST OF CAMPUSES AND REGIONS FOR BUMPING AND RECALL PURPOSES

Delete Region 7, Number 15 and replace with the following:

St. John

s Campus (includes Prince Philip Dr. and Ridge Rd.)

Memorandum of Understanding - Power Engineers and Security Guards Work

Schedule - District 7 - Delete

Memorandum of Understanding - Long-Term Temporary Employees - Delete

Insert Letter of Understanding as follows:

The Employer agrees that the hours of work for the position of Power Engineer 4 th

Class - Shift in Charge remain at 42 hours per week provided Mr. Robert Walsh continues to occupy the position.

Insert Letter of Understanding as follows:

The Parties agree to the formation of a committee consisting of two

(2) Employer and two

(2) Union representatives to review and revise

Schedule "E".

Any revisions to the

Schedule "E" must be mutually agreed upon between the parties.

Where the parties are unable to agree on proposed revisions, the provisions of

Schedule "E" of the 2001/2004 Collective Agreement will prevail.

Any revisions will be effective April 1, 2005 and will not result in any additional costs to the Employer.

The Committee will complete its work within six months of the date of signing of the Collective Agreement.

There shall be no cost associated with the Committee's work.

Insert Letter of Understanding as follows:

Re: Early and Safe Return to Work

The Parties are encouraged to meet and discuss the opportunity to further explore Early and Safe Return to Work initiatives.

Where practical, these discussions should occur within six (6) months of the signing of this agreement.

Travel on Employer

s Business - Clause

Amend the collective agreement to provide for a formula to replace the automobile allowance as follows:

45.4

/km for first 9,000 kilometers

31.5

/km for kilometers in excess of 9,000 kilometers.

Notice of Termination or Amendment - Clause

Amend Clause to provide for September 1 st

as the first day on which collective bargaining may commence.

Group Insurance Cost Sharing Arrangement - Clause

Agree to place General Service language in those collective agreements which do not reference a 50/50% cost sharing arrangement providing such an arrangement currently exists.

Early and Safe Return to Work Letter

Insert Letter of Intent as follows:

Re:

Early and Safe Return to Work

The Parties are encouraged to meet and discuss the opportunity to further explore Early and Safe Return to Work initiatives. Where practical, these discussions should occur within six (6) months of the signing of this agreement.

Labrador Benefits Agreement -

Schedule

Delete and replace with the Labrador Benefits Agreement signed April 4, 2003 and expiring March 31, 2005.

(for example see

Schedule J of the General Service Collective Agreement)

Agreements -

Schedule

Insert "Health Professionals (NAPE)" in the appropriate

schedule (for example see

Schedule N of the General Service Collective Agreement)

Memorandum of Understanding - 2001 - Health Insurance

Delete and replace with the following:

MEMORANDUM OF UNDERSTANDING 2004

HEALTH INSURANCE

There is agreement to extend the benefits of the current group health and insurance plan to temporary employees effective April 1, 2002.

The eligibility criteria at that time were amended as follows:

It is understood and agreed that effective April 1, 2002, eligibility under the group insurance programs, policies 7600 and 3412, is hereby amended to include the following class of employees, subject to the following:

Employees who have worked 50% or greater of the normal working hours in the previous calendar year will qualify for group insurance benefits as a condition of employment effective April 1, 2002.

Annual review on January 1 st

of each year will determine eligibility, continued enrollment or termination of coverage under these programs.

Should an employee terminate employment, all coverages under the programs terminate the date of termination.

For the purpose of determining group life insurance coverage, the amount will be based upon twice their annual salary, subject to a minimum amount of $10,000.

Employees determined to be eligible by the Employer for coverage under these group programs, based on the number of hours worked in the previous year, will not be required to produce evidence of insurability as enrollment is mandatory and a condition of employment.

As a result of the 2004 round of negotiations, the following was also agreed:

Employees determined to be eligible for coverage under the Atlantic Blue Cross Care Plan shall be continued for the full twelve (12) month period commencing April 1 st

of each year as long as they remain actively employed and pay the required premiums.

Temporary employees covered under this Agreement who are determined to be eligible will access group insurance programs that are currently available.

Premiums for these employees must be collected through payroll deductions.

Employees who accessed Maternity, Adoption and/or Parental Leave during the previous calendar year will be allowed to count, for eligibility purposes, the hours worked during such leave by the next senior employee in that period.

Premiums for employees who are off payroll for one (1) or more periods will be recovered from the next cheque unless extenuating circumstances exist.

This procedure for the recovery of premiums applies only to health care groups.

Existing arrangements for the recovery of premiums in other sectors shall continue for the life of that Agreement.

Employees who miss a payroll for reasons other than approved unpaid sick leave are required to pay 100% of the premiums.

Employees on unpaid sick leave are required to present supporting medical documentation to the Employer during the current pay period.

If necessary, a further review of the premium recovery process will occur within six (6) months of the signing of the relevant Collective Agreements.

This wording reflects amendments to the eligibility guidelines only as complete terms and policy conditions are set out in actual contracts on file with the Government of Newfoundland and Labrador, the policyholder.

GROUP INSURANCE COMMITTEE MEMBERSHIP

With respect to the membership of the Group Insurance Committee, it is understood and agreed that the complement of groups represented will remain unchanged throughout the term of this agreement.

MAINTENANCE AND OPERATIONAL SERVICES

COLLECTIVE AGREEMENT

BETWEEN

HER MAJESTY THE QUEEN IN RIGHT OF NEWFOUNDLAND,

represented herein by the Treasury Board;

THE C.A. PIPPY PARK COMMISSION,

of the one part;

AND

THE NEWFOUNDLAND AND LABRADOR

ASSOCIATION OF PUBLIC AND PRIVATE EMPLOYEES

of the other part.

Delete Clause 2.01 (

w) and replace with the following:

2.01 (w)

"service" means any period of employment, excluding overtime, either before or after the signing of this Agreement in respect of which an employee is in receipt of salary or wages from the Employer and includes periods of special leave without pay not exceeding twenty (20) working days in the aggregate in any year.

Delete Clause 11.03 and replace with the following:

11.03

The permanent head shall, upon the request of the employee, grant time off in lieu of compensation for any overtime worked.

Such time off shall be granted at the rates prescribed in Clause 11.01.

When time off is granted to the employee, the dates selected shall be mutually agreed upon between the employee and his or her immediate supervisor, and such time off would be granted within twelve (12) months of having earned same.

The maximum carry over of compensatory time-off will not exceed eighty (80) hours in any calendar year.

Delete Clause 19.01 and replace with the following:

19.01 (

i) Current Agreement

(ii)

Portability of Benefits

Employees who are accepted for employment from another Employer or same Employer covered by

Schedule H within one hundred and twenty (120) calendar days of resignation shall retain portability respecting:

(

i) accumulated sick leave credits;

(ii)

accumulated annual leave entitlements; and

(iii)

service for severance pay.

The recognition of the prior benefits shall not exceed the benefits available with the new Employer.

Delete Clause 20.05 and replace with the following:

20.05

For the purpose of this Article, spouse means an employee's husband or wife, including a common-law or same sex partner with whom the employee has lived with for more than one year.

Delete Clause 22.13 and replace with the following:

22.13

A permanent employee who accepts alternate employment with the Employer, as a result of his/her position being abolished, may have the option to return to his or her former classification and Department within two (2) years of accepting such employment, provided a vacancy exists.

It shall be the responsibility of the employee to inform the Employer in writing of his or her desire to return to his or her former classification.

Once this option is exercised, the employee shall forfeit any further right to return to the position to which he/she had accepted as a result of his/her previous position being abolished.

Delete Clause 26.01 (

b) and replace with the following:

26.01 (

b) For the purposes of this Article, Injury on Duty Leave pay is the amount that would be determined by the Workplace Health, Safety and Compensation Commission in accordance with the Workplace Health, Safety and Compensation Act

Delete Clause 26.02 (

a) and replace with the following:

26.02 (

a) An employee who is injured on duty shall submit a written report, using the "Worker's Report of Accident" form prescribed by the Workplace Health, Safety and Compensation Commission, to his or her supervisor.

Delete Clause 26.03 and replace with the following:

26.03

Where the Workplace Health, Safety and Compensation Commission informs the permanent head that it considers the employee is unable to perform his or her duties because of an injury on duty, the employee shall continue on Injury on Duty Leave subject to regular reports from the Workplace Health, Safety and Compensation Commission, until such time as the Workplace Health, Safety and Compensation Commission considers the employee is able to return to work or that he or she is prevented from returning to work because of a permanent disability.

Failure of the employee to provide the Workplace Health, Safety and Compensation Commission with medical reports when requested may result in the employee being placed on Special Leave Without Pay.

Delete Clause 26.05 and replace with the following:

26.05

In the event that an employee becomes:

(

a) permanently disabled; or

(

b) incurs a recurring disability

as a result of an injury received in the line of duty, the case shall be submitted to the permanent head for determination of the benefits which may be due to the employee.

In any case, the benefits shall not be less than those due had the employee been covered under the Workplace Health, Safety and Compensation Act

Delete Clause 26.06 and replace with the following:

26.06

In the event that an employee dies as a result of an injury received in the performance of his or her duties, his or her estate shall receive all death benefits that he or she would have received had the employee been covered under the Workplace Health, Safety and Compensation Act

Delete Clause 26.07 and replace with the following:

26.07

In the event that an employee is placed on Injury on Duty Leave pay and/or leave in accordance with the Workplace Health, Safety and Compensation Act

as a result of an injury received on duty, he/she will not accrue seniority during any period when he/she would normally have been laid off.

Delete Clause 26.08 and replace with the following:

26.08

Notwithstanding the provisions of 26.01, employees of the C.A. Pippy Park Commission who are injured on the job shall be covered by the Workplace Health, Safety and Compensation Act

Pending a settlement of the insurable claim, the employee shall continue to receive injury on duty leave pay and benefits of this agreement, subject to necessary adjustments.

Delete Clause 28.01 (

a) and replace with the following:

28.01 (

a) Definition of Seniority

For the purpose of this Article, an employee shall mean a person employed in the Public Service of the Province of Newfoundland and Labrador as defined in

Schedule 'C'.

Subject to Clauses 23.08 (b), 24.05 (b), and 28.05, seniority shall mean the total length of service in the Public Service as defined in

Schedule 'C' in a position on the MOS pay scale.

Delete Clause 28.01 (

e) and replace with the following:

28.01 (

e) An employee who is appointed to a position outside the bargaining unit shall retain his or her seniority up to the date of leaving the bargaining unit but shall not accumulate any further seniority. Subject to clause 28.05 (e), should the employee return to his or her position within the bargaining unit he or she will continue to accumulate seniority from the date he or she assumes the position, which shall be added to his or her previous seniority accumulation.

Employees temporarily or seasonally appointed outside the bargaining unit shall continue to pay union dues.

Delete Clauses 28.02 (

a) and 28.02 (

b) and replace with the following:

28.02 (

a) Where the Employer determines that a vacancy in a bargaining unit position is to be filled, the Employer shall post notice of the competition for at least seven (7) calendar days in readily accessible places.

(

b) All vacancies identified in accordance with Clause 28.02(a), will be posted within the public service prior to outside applicants being considered, except where, in the opinion of the Public Service Commission, it is not in the public interest to comply with this provision.

Delete Clause 28.05 (

e) and replace with the following:

28.05 (

e) An employee shall forfeit his or her seniority when he or she has been appointed to a management position in excess of twenty-four (24) consecutive months.

Delete Letter #4 and replace with the following:

Letter # 4

Vacancy: Posting

In recognition of the union

s concerns regarding posting requirements for short term positions, the Employer agrees to post, in accordance with

Article 28.02, positions within the Department of Transportation and Works, where an employees accumulated service in the specific position exceeds thirteen weeks.

This will be done despite the fact that the short term positions themselves do not meet the definition of a vacancy.

This letter shall be effective the date of signing of this Collective Agreement.

Delete Letter #11 and re-number remaining letters.

Letter # 11

Glenwood Seed Potato Farm Delete

Travel on Employer

s Business - Clause

Amend the collective agreement to provide for a formula to replace the automobile allowance as follows:

45.4

/km for first 9,000 kilometers

31.5

/km for kilometers in excess of 9,000 kilometers.

Notice of Termination or Amendment - Clause

Amend Clause to provide for September 1 st

as the first day on which collective bargaining may commence.

Group Insurance Cost Sharing Arrangement - Clause

Agree to place General Service language in those collective agreements which do not reference a 50/50% cost sharing arrangement providing such an arrangement currently exists.

Early and Safe Return to Work Letter

Insert Letter of Intent as follows:

Re:

Early and Safe Return to Work

The Parties are encouraged to meet and discuss the opportunity to further explore Early and Safe Return to Work initiatives. Where practical, these discussions should occur within six (6) months of the signing of this agreement.

Labrador Benefits Agreement -

Schedule

Delete and replace with the Labrador Benefits Agreement signed April 4, 2003 and expiring March 31, 2005.

(for example see

Schedule J of the General Service Collective Agreement)

Agreements -

Schedule

Insert "Health Professionals (NAPE)" in the appropriate

schedule (for example see

Schedule N of the General Service Collective Agreement)

Memorandum of Understanding - 2001 - Health Insurance

Delete and replace with the following:

MEMORANDUM OF UNDERSTANDING 2004

HEALTH INSURANCE

There is agreement to extend the benefits of the current group health and insurance plan to temporary employees effective April 1, 2002.

The eligibility criteria at that time were amended as follows:

It is understood and agreed that effective April 1, 2002, eligibility under the group insurance programs, policies 7600 and 3412, is hereby amended to include the following class of employees, subject to the following:

Employees who have worked 50% or greater of the normal working hours in the previous calendar year will qualify for group insurance benefits as a condition of employment effective April 1, 2002.

Annual review on January 1 st

of each year will determine eligibility, continued enrollment or termination of coverage under these programs.

Should an employee terminate employment, all coverages under the programs terminate the date of termination.

For the purpose of determining group life insurance coverage, the amount will be based upon twice their annual salary, subject to a minimum amount of $10,000.

Employees determined to be eligible by the Employer for coverage under these group programs, based on the number of hours worked in the previous year, will not be required to produce evidence of insurability as enrollment is mandatory and a condition of employment.

As a result of the 2004 round of negotiations, the following was also agreed:

Employees determined to be eligible for coverage under the Atlantic Blue Cross Care Plan shall be continued for the full twelve (12) month period commencing April 1 st

of each year as long as they remain actively employed and pay the required premiums.

Temporary employees covered under this Agreement who are determined to be eligible will access group insurance programs that are currently available.

Premiums for these employees must be collected through payroll deductions.

Employees who accessed Maternity, Adoption and/or Parental Leave during the previous calendar year will be allowed to count, for eligibility purposes, the hours worked during such leave by the next senior employee in that period.

Premiums for employees who are off payroll for one (1) or more periods will be recovered from the next cheque unless extenuating circumstances exist.

This p