MEMORANDUM OF AGREEMENT
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1 2017 MEMORANDUM OF AGREEMENT between the VANCOUVER MARITIME MUSEUM SOCIETf VANCOUVER MUSEUM SOCIETi' AND H. R. MACMILLAN SPACE CENTRE SOCIETY (hereinafter each called "the Employers") and the CANADIAN UNION OF PUBLIC EMPLOYEES LOCAL 15 (hereinafter called "the Union") THE UNDERSIGNED BARGAINING REPRESENTATIVES ACTING ON BEHALF OF THE EMPLOYERS (hereinafter called "the Employers"), AGREE TO RECOMMEND TO THEIR RESPECTIVE PRINCIPALS; AND THE UNDERSIGNED BARGAINING REPRESENTATIVES ACTING ON BEHALF OF THE CANADIAN UNION OF PUBLIC EMPLOYEES LOCAL 15 (hereinafter called "the Union"), AGREE TO RECOMMEND TO THE UNION MEMBERSHIP; THAT THEIR COLLECTIVE AGREEMENT COMMENCING 2017 JANUARY 01 AND EXPIRING 2020 DECEMBER 31 (hereinafter called the "new Collective Agreement"), SHALL CONSIST OF THE FOLLOWING: 1. Previous Conditions All of the terms and conditions of the Collective Agreement commencing 2014 January 01 and expiring 2016 December 31 (hereinafter the " Collective Agreement") shall apply except as specifically varied below. 2. Term of A reement The term of the new Collective Agreement shall be for four (4) years from 2017 January 01 to 2020 December 31, both dates inclusive. Subsections (2) and (3) of Section 50 of the Labour Relations Code shall be specifically excluded from and shall not apply to the new Collective Agreement. 3. Wa e Increase The Employers and the Union agree that the new Collective Agreement shall reflect wage adjustments as follows: (a) All rates of pay in effect on 2016 December 31 shall remain in effect until varied by Paragraph 3(b). ^
2 H. R. MACMILLAN SPACE CENTRE SOCIETY- CUPE LOCAL 15 cont'd Page 2 of 9 (b) Effective 2018 January 01, all hourly rates of pay which were in effect on 2017 December 31st shall be increased by one percent (1. 00%). The new hourly rates shall be rounded to the nearest whole cent, (c) Effective 2018 September 01, all hourly rates of pay which were in effect on August 31, 2018 shall be increased by one-half percent (0. 5%). The new hourly rates shall be rounded to the nearest whole cent. (d) (e) (f) Effective 2019 January 01, all hourly rates of pay which were in effect on 2018 December 31st shall be increased by one and one-half percent (1. 50%). The new hourly rates shall be rounded to the nearest whole cent. Effective 2020 January 01, all hourly rates of pay which were in effect on 2019 December 31st shall be increased by two percent (2. 00%). The new hourly rates shall be rounded to the nearest whole cent. Retroactive payments arising from (b) will be made as soon as possible following the date of ratification of the Memorandum of Agreement. Clause First Aid Premium agree to amend Clause 8. 3 to read as follows: "Employees who are required by the Employer to perform first aid duties in addition to their normal duties and who hold a valid WorkSafeBC First Aid Certificate shall be paid a premium in accordance with the certificate required by the Employer as follows: Full-Time Em lo ees Re ularpart-time Tern orar Part-Time & Auxiliar Em lo ees OFA Level 1 OFA Level 2 $20 per month $125 per month 13 cents per hour to a maximum of $20 per month 80 cents per hour to a maximum of $125 per month The Employer will pay course fees for the OFA Level 1 and/or 2 course for employees who are required to have such certification." Clause 5. 9-Pa foroverni ht Cam s ^1 y-^^ ^'^ Effective the date of ratification of the Memorandum of Agreement, the H. R. MacMillan Space Centre Society and the Union agree to amend Clause 5. 9 by replacing the words "eighty dollars ($80.00)" with "one hundred dollars ($100.00)" in Clauses 5. 9(b) and 5. 9(c).
3 VANCOUVER MARITIME MUSEUM SOCIET/ VANCOUVER MUSEUM SOCIETY H. R. MACMILLAN SPACE CENTRE SOCIETY- CUPE LOCAL 15 cont'd Page 3 of 9 6. Clause Meal Periods agree to amend Clause 8.3 to read as follows: "8. 3 Meal Periods (a) Employees shall receive meal provisions as follows: (i) Durin Overtime Upon completion of two (2) continuous hours of overtime work immediately preceding or immediately following an employee's regular Ihift, the employee becomes entitled to a paid meal breakofa one-half (Yz) hour which the Employer may permit to be started at any time within the two (2) hour period but, except in an emergency, no later than the end of two (2) hours. Except as described in Clause 8. 3(a)(ii), upon the completion of each succeeding three and one-half (3/2) continuous hours of overtime work, the employee shall be given another paid meal break of one-half (1/z) hour which, except in an emergency, shall be taken at the end of each three and one-half (3/2) hour work period. (ii) Durin Pre-scheduled Overtime Upon completion of three and one-half (^Yi) continuous hours of prescheduled overtime work occurring at any othertime than immediately preceding or immediately following an employee's regular shift, an employee becomes entitled to an unpaid meal break of a one-half [Yz) hour which the Employer may permit to be started at any time within the three and one-half (S/;) hour period but, except in an emergency, no later than the end of the three and one-half (3/2) hours. Upon the completion of each succeeding three and one-half (3/2) continuous hours of pre-scheduled overtime work, the employee shall be given another unpaid meal break of one-half (Vi) hour which, except in an emergency, shall be taken at the end of each three and one-half (SYi] hour work period. (iii) Durin Call-Outs ^0 Upon completion of three and one-hatf (B1^) continuous hours of call-out work occurring at any other time than immediately preceding or immediately following an employee's regular shift, an employee becomes entitled to a paid meal break of a one-half (,2) hour which the Employer may permit to be started at any time within the three and one-half (3/2) hour period but, except in an emergency, no later than
4 H. R. MACMILLAN SPACE CENTRE SOCIETY-CUPE LOCAL 15 cont'd Page 4 of 9 the end of the three and one-half (3/2) hours. Upon the completion of each succeeding three and one-half (3%) continuous hours of call-out work, the employee shall be given another paid meal break of one-half (Yz) hour which, except in an emergency, shall be taken at the end of each three and one-half (3/2) hour work period. (b) (c) For each meal break given to an employee under this Clause 8. 3(a)(i) or (iii), the employee shall be paid one-half (%) hour of pay at double the employee's regular rate of pay. Where by reason of an emergency it is not feasible to give a meal break at the designated time under this Clause 8. 3(a)(i), (ii), or (iii), it shall be taken as soon as practicable and in addition the Employer shall be responsible for supplying a reasonable form of nourishment during the course of the work at such time as the employee would have been otherwise entitled to a paid meal break." 7. Article 10-Em lo ee Benefits While not to be included in the Collective Agreement, the Employers and the Union agree that as soon as possible following the date of ratification of the Memorandum of Agreement, the Employers shall instruct the benefits carrier to amend the Extended Health Care Plan (the "Plan") as follows: (a) (b) (c) amend the Plan to reimburse drug expenses based on mandatory generic pricing, except where the employee's physician provides confirmation of no generic substitution on the prescription; introduce a maximum dispensing fee of $8. 00 per prescription; and for H. R. MacMillan Space Centre Society and Vancouver Maritime Museum Society eliminate the current ten dollar ($10.00) maximum for paramedical reimbursement. 8. Clause a I - Extended Health Care Plan Vision Care The Employers and Union agree that, as soon as possible following the date of ratification of the Memorandum of Agreement, the Employers will instruct the benefits carrier to amend the Extended Health Care Plan (Vision Care) and to amend Clause 10. 3(a)(l) to read as follows: "(I) vision care to a maximum payable of four hundred dollars ($ ) per person per twenty-four (24) month period, including coverage for eye surgery;" ^
5 H. R. MACMILLAN SPACE CENTRE SOCIETY- CUPE LOCAL 15 cont'd Page 5 of 9 9. Clause a 3 - Extended Health Care Plan Massa e and Ph siothera The Employers and Union agree that, as soon as possible following the date of ratification of the Memorandum of Agreement, the Employers will instruct the benefits carrier to amend the Extended Health Care Plan (Massage and Physiotherapy) and to amend Clause 10.3(a)(3) to read as follows: "(3) massage services to a maximum of four hundred dollars ($400) per calendar year and physiotherapy services to a maximum of four hundred dollars ($400) per calendar year." 10. Clause 10.8 A 1 - Sick Leave Accrual agree to replace Clauses 10. 8(A) (a) and (b) with Clauses 10.8(A) (a) - (c) to read as follows: "(a) (b) (c) No sick leave with pay shall be granted except after three (3) months' continuous service in the employ of the Employer; In the first twelve (12) months of continuous employment, three (3) days' sick leave with pay shall be credited after three (3) months continuous service in the employ of the Employer, and a further seven (7) days' sick leave with pay shall be credited after six (6) months continuous service in the employ of the Employer. Sick leave of ten (10) working days shall be credited semi-annually in July and January commencing with the completion of twelve (12) months of continuous service." The Employers and the Union agree to renumber Clauses 10.8(A)(c) - (f) as Clauses 10.8(A)(d) - (g). 11. Clause 10.8 A 2 c - Sick Leave Usa e agree to amend Clause 10.9 to read as follows: "(c) An employee who is entitled to sick leave may use up to fourteen (14) hours of sick leave each calendar year for the purpose of attending medical or dental appointments for the employee himself or herself. Employees will make every effort to schedule appointments outside of working hours." ud
6 H. R. MACMILLAN SPACE CENTRE SOCIETY- CUPE LOCAL 15 cont'd Page 6 of Clause c Vancouver Maritime Museum Societ and Vancouver Museum Societ Clause c H. R. MacMillan S ace Centre Societ agree to amend the first sentence of Clause (c) of the Vancouver Maritime Museum Society - CUPE 15 Collective Agreement and of the Vancouver Museum Society - CUPE 15 Collective Agreement and to amend the first sentence of Clause (c) of the H. R. MacMiltan Space Centre Society - CUPE 15 Collective Agreement to read as follows: "An Occupational Health and Safety Committee shall be established consisting of two (2) representatives of the Employer and two (2) Union-appointed representatives." 13. NEW - Clause Discrimination agree to create a new Clause to read as follows: " Discrimination The Employer and the Union agree that any form of discrimination under the prohibited grounds of the B.C. Human Rights Code shall not be tolerated in the workplace." 14. Clause Arbitration agree that Clause be amended to read as follows: 15. Schedule "C" "Arbitration A Board of Arbitration shall consist of one (1) person to be mutually appointed by the Employer and the Union within fourteen (14) calendar days of the referral under Clause 13. 1(d). Where the parties are unable to agree on a person to be the Board of Arbitration, either party may apply to the Minister of Labour to make the appointment. In all other respects, the provisions of the Labour Relations Code shall apply. The decision of the Board of Arbitration shall be final and binding on both parties. Each party shall pay half the expenses of the Board of Arbitration." agree to delete Schedule "C". ^
7 H. R. MACMILLAN SPACE CENTRE SOCIETY - CURE LOCAL 15 cont'd Page 7 of Housekeeping agree to make the following amendments: (a) (b) replace the number "(2)" in Clause 5. 9(c) with "5(9)(b)"; forthe Museum of VancouverSociety-CUPE Local 15 Collective Agreement only, replace the title of Clause 7 with "Mileage"; (c) replace the word "kilometer" with "kilometre" and replace the word "kilometers" with "kilometres" in Clause 7; (d) replace the word "Part 4" in Clause 9. 1(a) with "Part 7"; (e) delete the words "Subject only to Schedule "C", Part II, item I," in Clause 10. 1; (f) (g) (h) (i) (j) (k) (I) add the word "paid" after the number "one (1)" in the first sentence of Clause 10. 8(c)(a); replace the word "WCB" with "WorkSafe BC" in Clause 10. 9(a)(4); replace the title of Clause (a)(2) with the following: "Non-Birth Mother and Adoptive Parent"; replace the first sentence of Clause (a)(2) with the following: "An employee who is a parent but is not the birth mother shall be entitled to up to thirty-seven (37) consecutive weeks of parental leave without pay"; for the Museum of Vancouver Society -CUPE 15 and for the Vancouver Maritime Museum Society-CUPE 15 collective agreements only, renumber Clause " " as Clause "11. 2" and make consequential renumbering of the remaining clauses within Clause 11; for the H. R. Space MacMillan Space Centre Society - CUPE Local 15 Collective Agreement only, replace the word "sick" with "such" within Clause 11. 3(e); for the Museum of Vancouver Society-CUPE 15 and for the Vancouver Maritime Museum Society-CUPE 15 collective agreements only, replace the title of Clause 19 with the words "Joint Consultation Committee"; U^)
8 H. R. MACMILLAN SPACE CENTRE SOCIETY - CUPE LOCAL 15 cont'd Page 8 of 9 (m) for the Maritime Museum Society - CUPE 15 Collective Agreement only, include the following in Schedule "A" after the words "ALL POSITIONS ARE BASED ON A 35-HOUR WORK WEEK.": "NOTES: Eligibility for advancement from one step (increment) to the next is as follows: Pay Grades 9 to 14: Pay Grade 15: Pay Grade 16 and above: 6 month eligibility to move from steps 1 to 2 and 2to3; thereafter 12 month eligibility. 6 month eligibility to move from step 1 to 2; thereafter 12 month eligibility. 12 month eligibility. Not applicable to Regular Part-Time and Auxiliary Employees; see Schedule "B", item 6." (n) (o) delete expired effective dates wherever they occur; and any changes mutually agreed to between the parties during the drafting of the Collective Agreement. 17. Draftin of New Collective A reement The Employers and the Union agree that in all instances where an amendment to the Collective Agreement is effective on a specific date, only the amendment shall appear in the new Collective Agreement together with a sentence referencing its effective date. \^
9 H. R. MACMILLAN SPACE CENTRE SOCIETY - CUPE LOCAL 15 cont'd Page 9 of Ratification The parties expressly agree that, upon the completed signing of this Memorandum of Agreement, the parties shall recommend the approval of this Memorandum to their respective principals and schedule the necessary meetings to ensure that their principals vote on the recommendations not later than forty-five (45) calendar days from the date on which the Memorandum of Agreement is signed, DATED this 14th day of March, 2018 in the City of Vancouver. BARGAINING REPRESENTATIVES ON BEHALF OF THE EMPLOYERS: BARGAINING REPRESENTATIVES ON BEHALF OF THE UNION- ^1 c> ^0 MVRD/RES/BD/da :20pm Offer for Settlement - Vancouver Museum, Maritime, & H. R. MacMillan Societies - CUPE ^)
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