Scheduling in TEAM TEAM-IFPTE Local 161 August 20 th, 2012

Agenda  Introductions  Lunch  Answers to the questions  Overview of Articles

Can we refuse shift work?  You cannot refuse shift work.  The Company has the right to arrange the of hours of work.  A normal working week … any assigned five consecutive days commencing on any day of the week… ... tours of duty may include Saturdays and Sundays.

No one on the Apex team was asked if they wanted to work shifts, they were just told it was happening.  …it is the exclusive function and responsibility of the Company to manage its affairs, to direct its working forces…  …the Company shall act reasonably fairly and in good faith.  The Company has the right to arrange the of hours of work.

If we are short staffed and someone works 2 shifts do they claim it as overtime or does it go against the weekly total?  It would be overtime and in addition to the 37.5 hour weekly total.  The normal working day is 7hr30 consecutively.  Work beyond the normal working day, shall be considered as overtime.  You cannot be scheduled back to back shifts as there must be eight hours between scheduled tours.

Can we refuse to work beyond 7.5 hours?  MTS’ policy is not to enforce overtime.  Without the Union, MTS would be free to change this policy with recourse to be in- line with rules for Federally regulated workplaces i.e. MTS could enforce overtime.

Is there a daily maximum of hours worked?  Yes – theoretically up to 16 hours, to a maximum of 48 hours in a week!  For TEAM members, anything over 7hr30 in a day is overtime.  There must be eight hours between scheduled shifts.

Members of the Apex team have been told that they cannot take vacation during July, August and September.  Due to the nature of the Company’s business, there are times when it is impossible to grant vacation to some employees….  …the Company reserves the right to deny any dates requested by employees concerned.

If the project is delayed can management keep refusing vacation until a couple of months after the actual implementation date?  Yes they can.  The Company may carry over vacation to the following vacation year.  Under Labour Standards vacation must be granted not later than 10 months after the completion of the year entitling the employee to vacation.

Can you refuse to work weekend shifts e.g. Saturday or Sunday for religious reasons?  You can request an accommodation under the Canadian Human Rights Act. Under sections 2 and 15 of the Act, the duty to accommodate is a legal requirement, “short of undue hardship” for Company.  MTS may request additional information either from you or from a designated official within your religious community.

The pertinent parts of Articles 18 – 22 From the Collective Agreement

Article 18 - Corporation Rights  In exercising its Corporate Rights in administering this Agreement, the Company shall act reasonably, fairly and in good faith.

Article 19 - Hours of Work  The Company can change the arrangement of hours of work.  The normal working day is 7hr30.  A normal working week is any five consecutive days commencing on any day of the week.  A shift change requires 24 hours notice or overtime rates apply.  A schedule change requires five days notice or overtime rates apply.

Article 20 - Shift Employees & Differentials  Minimum of eight hours between shifts.  Differential of $1.00 per hour for hours worked between 6pm and 8am.  Exceptions – Holiday/Premium Pay.  Consecutive Saturday differential (does not apply if one of the Saturday’s was a trade).  Time and a half for Sunday.

Article 21 - Overtime  Authorized work beyond the normal work day.  Time and a half for the first four hours in a week, then double time.  Call out for immediate reporting to the workplace minimum of two hours overtime.  Employee determines how they will be paid – money, time off or a combination.

Article 22 - Vacations  Arranged in accordance with the requirements of service and can be denied.  The Company may defer or carry over vacation.

Contact Information    Internal Mail Code: B2000  Wesley Avenue, R3C 4C6 Online Collective Agreement available at: