Proposals for Canada Safeway 2008 Bargaining

Adopted by Delegates at Local 1518 Major Retail Foods Bargaining Conference

Proposals for Renewal of Collective Agreement Between United Food and Commercial Workers Union, Local 1518 -and- Canada Safeway Stores

These proposals and explanations are “without precedent” and “without prejudice” to any position taken by the Union in any grievance or arbitration hearing; and /or in any complaint or hearing pursuant to the B.C. Labour Relations Code, the B.C. Human Rights Act; the B.C. Employment Standards Act or before any Court, administrative or regulatory body.

The Union reserves the right to add, amend or delete proposals.

 

Section
CBA

 Proposal

 Explanation

 

All Applicable Sections

OMNIBUS PROPOSAL:
The following proposal is intended to make changes to language that appears in a large number of articles in the Collective Agreements.  Rather than refer to each one, the Omnibus Proposal will change ALL of the articles where the language appears.

1.   Wherever the words “shall” or “may” appear in the collective agreements, they will be replaced with the word “must” where those words require the Employer to provide some benefit, right or entitlement to employees.

2.   Wherever the words “operational needs” and the words “appropriate” and “applicable” appear they will be removed from the Collective Agreements.

The purpose of this proposal is to replace or delete certain terminology that is often used by management to avoid its obligations.

By deleting and/or replacing the noted words we intend to strengthen the enforceability of our Collective Bargaining Agreements (C.B.A.s)

1.

All
Applicable
Sections

RETURN TO ONE PAY GRID:
Remove all references to the Clerk II and Specialty Department Clerk II classifications and Grid B wherever they appear in the CBA.

The pursuit of this proposal is a key objective of 2008 Negotiations. The time has come for all members to be brought up to the highest level for wages, benefits and work rules.

2.

1.04, 4.01

EXCLUSIONS:
AMEND to provide that Store Managers and Pharmacy Managers are the only exclusions from the Union.

This would make all current non–union supervisory personnel Union members, except the Store and Pharmacy Managers.

3.

1.04, 4.01

EXCLUSIONS and BARGAINING UNIT WORK:
AMEND appropriate sections to reflect that Management and excluded personnel shall act in a supervisory capacity only.  Management and excluded personnel and non-bargaining unit employees shall not perform any bargaining unit work. 

The purpose of this clause is to ensure that our members have access to as many hours of work as possible.

4.

4

BARGAINING UNIT WORK:
AMEND to provide for all work in the ordering, receiving, preparation, stocking, selling and handling of all merchandise in the retail stores to fall within the jurisdiction of bargaining unit members.

The purpose of this clause is to ensure that our members have access to as many hours of work as possible.

5.

4.01 (b)

RACK JOBBERS:
DELETE and REPLACE with
“There shall be no Rack Jobbers in any store.”

The elimination of these outside vendors’ ability to work in the stores is designed to make more hours of work available to our members.

6.

4.01 (h)

PENALTIES TO EMPLOYER FOR VIOLATIONS OF SECTION 4.01
AMEND to read:    
First violation:                             $ 2,000.00
Second and subsequent violation:            $ 4,000.00
Third and subsequent violation:                     $10,000.00

The increase in the severity of these penalties (which currently are only: a written warning; a $200 fine; and then a $300 fine) should serve as a greater deterrent to managers who violate this important job security Section.

7.

5.02

ATO:
INCREASE ATO accumulation from four (4) hours weekly to eight (8) hours weekly.

This proposal is self-explanatory.

8.

5.02

ACCUMULATED PAID TIME OFF (ATO) Scheduling:
Amend to provide for the employee to determine when the ATO will be scheduled.

The change here is that management’s ability to dictate which day your ATO is scheduled would be replaced with your right to choose.

9.

5.02

ATO
ADD NEW last paragraph:
“All employees (regardless of full-time/part time status) shall be eligible for ATO upon completion of a basic work week.”

This proposal is self-explanatory.

10.

5.04

ATO and LATENESS:
DELETE first paragraph, which refers to Management’s ability to cancel ATO.

The proposed change would prevent management from cancelling a member’s A.T.O. due to lateness.

11.

5.02

ATO:
AMEND to include any absence due to illness or accident as part of the basic workweek, and delete the requirement for “actual hours worked in the week.”

This proposal expands the definition of the basic workweek to include time away from work as a result of being sick or hurt. This will result in more members qualifying for the benefit.

12.

5.07, 14.05

SCHEDULING
ADD: “Employees by seniority within their respective classification shall be entitled to preference of available shifts on a daily basis.”

(Not to affect daily maximizing of hours as per 14.05)

The purpose of this proposal is to allow each member to use their seniority to choose the available shift that most suits their time of day preference.

13.

5.07, 5.08

POSTING OF SCHEDULES:
AMEND to provide for the following:
“Weekly work schedules for all employees shall be posted by Saturday 6:00 p.m. three (3) weeks in advance with no exceptions. Once a schedule has been posted any changes to scheduled shifts, except those changes made at the request of the employee, will result in the payment of four (4) hours call out pay in addition to the employees earnings on that day.  The Employer must verbally notify employees of such changes to the schedule.”

This proposal adds a 6:00 p.m. Saturday deadline for posting schedules; attaches a penalty to changes made to a schedule by management after it has been posted; and deletes “is required to make a reasonable effort to advise…” replacing it with “must verbally notify” our members when there are changes.
 It lso expands the clause to include 3 weeks of schedules for part-time employees.

14.

5.07

PENALTIES FOR FAILURE TO POST SCHEDULES ON TIME:
ADD the following penalty: For failure to post ORIGINAL employees’ work schedules three (3) weeks in advance the following penalties shall be applied:

First violation:                                 $   500.00
Second and subsequent violation: $5,000.00

This proposal makes the clause more enforceable by adding consequences when management does not meet its obligations. (Currently there is are no fines provided for in this section of the C.B.A.)

15.

5.05

WORK ON STATUTORY HOLIDAYS:

AMEND to read:
“All work performed on a statutory holiday shall be paid at double (2X) the employee’s rate of pay, and at triple (3X) the employee’s rate of pay for all work on the Super Stats of Remembrance Day, Christmas Day, Boxing Day, Good Friday, Easter Sunday, New Years Day . . .” 

Easter Sunday is added to the C.B.A. by the proposal and overtime calculations are improved to double or triple time.
(The current overtime calculation for work performed on any Statutory Holidays is time and one half.)

16.

5.05

WORK ON STATUTORY HOLIDAYS:

ADD “Work on a statutory holiday shall be considered as “available hours” as per Section 14.05, and shall be offered in order of seniority.”

This proposal allows our full-time members to access work on statutory holidays by seniority, which is not currently the case.

17.

5.05

STATUTORY HOLIDAYS:
AMEND the to add:  floater stat, Easter Sunday and Wrestling Day.

Floater Stats” can be scheduled as the individual member chooses. “Wrestling Day” is January 2nd.

18.

5.14

MEAL PERIOD:
AMEND to provide that thirty (30) minutes is standard lunch break period; unless an employee wishes a one (1) hour lunch break, in which case that choice must be made in writing.  The employee may withdraw their request with three weeks notice.

This proposal allows individual members to choose between a 30-minute or 1 hour lunch break.

19.

5.15

REST PERIODS:
AMEND first paragraph: “ . . . rest periods for shifts in excess of five (5) hours, one (1) before . . .”
“All employees shall have two (2) twenty (20) minute rest periods for shifts in excess of five (5) hours, one before, one after the meal period.

AMEND third paragraph to conform:
“Employees who work a shift of four (4) hours but not more than five (5) hours shall receive one (1) paid twenty (20) minute rest period.”

AMEND sixth paragraph to provide for two consecutive hour maximum on any till

The proposal would see rest periods increased to 20 minutes in length; and make two paid rest periods available for shifts greater than 5 hours long. (Currently such breaks are 15 minutes in duration and a member must work over 6 hours in order to be eligible for two paid rest periods.

The other changes are the use of the term “till” instead of “check-stand” and the reduction of the maximum consecutive till limit from the current 3 hours to 2 hours.

20.

5.15

REST PERIODS:
Delete the last sentence of the sixth (6th) paragraph which reads:

 “The parties recognize that rest periods may be delayed due to unexpected business fluctuations.”

This proposed change is intended to stop management from interfering with our members’ right to take their breaks on schedule.

21.

5.16

RECORDING OF TIME WORKED:
Incorporate the Vince Ready Award into the CBA, with fine amounts to the Employer increased to $500.00 for the first offence and $3,000.00 for the second and subsequent violations.

In 2005 the Union won Arbitration Awards which contain orders forcing management to carry out certain actions designed to make sure that time worked is recorded and paid for. We want those orders to be put into each C.B.A., but with increased fines.

22.

5.16

TIME CLOCK RECORDS:
ADD language to provide that a printout of time clock records be provided to Shop Stewards and Union Representatives upon request

There is to be no right of refusal and to be supplied by the end the business day.

This proposal is intended to provide the Union with information required to stamp out “ free timing” and ensure that our members are properly paid for their hours of work.

23.

5.16

TIME CLOCK- LOCATION:
ADD language that provides for the installation of time clock in close proximity to the employee lunchroom.

This proposal is designed to maximize the amount of personal time for our members’ by reducing their “to and from” time.

24.

5.17

OVERTIME PAY:
AMEND to provide for voluntary overtime to be offered by seniority.  Overtime to be paid at double-time.

The proposal would make O.T. voluntary. (The current language requires a “valid reason’ for declining overtime making it something less than voluntary.)
The proposal also make all O.T. payable and double time rates (replacing time and one half) and accessible by seniority.

25.

5.18

OVERTIME MEAL ALLOWANCE:
INCREASE overtime meal allowance to $35.00.

 The current meal allowance is only $5.00.

26.

5.19

SUNDAY WORK
INCREASE premium.

Delete “For employees hired before date of ratification of the 1989 Collective Agreement.”

The dates that the proposal seeks to remove are ‘cutoffs dates’ that prevent members hired after those dates from receiving the Sunday premium (currently $1.60 per hour).

27.

5.19

SATURDAY WORK:
ADD language to provide, for those employees with a combined age and years of service equaling 70, that Saturday work be subject to the same process described in 5.19.

This would result in the ability for such members to restrict their availability on Saturdays in addition to Sundays. If there were not enough employees to work on a Saturday the Company could schedule such restricted members by “reverse seniority’.

28.

5.20

SHIFT PREMIUM
DELETE reference to “Prior to ratification of the 1989 Collective Agreement”.

INCREASE premium.

AMEND to provide for payment of shift premium for all hours worked between 6:00 p.m. and 8:00 a.m.

DELETE: “This differential does not apply to part-time employees who work less than sixteen (16) hours during that week.”

The dates that the proposal seeks to remove are ‘cutoffs dates’ that prevent members hired after those dates from receiving the Night premium (currently $1.00 per hour).

The reference to “all” hours is intended to capture the hour in those shifts that start between 7 a.m. and 8 a.m., which currently are not subject to the Night premium.

29.

5.22

CONSECUTIVE DAYS OF WORK:
AMEND to provide for no requirement for any employee to work more than five (5) consecutive days. Sixth  day to  be optional.

The current language provides for no requirement to work more than 6 consecutive days.

30.

5.22

CONSECUTIVE DAYS OFF:
AMEND to provide that all days off shall be scheduled together, unless otherwise requested by the employee.

This proposal is self-explanatory.

31.

5.24

NIGHT STOCKING
AMEND Lead-Hand rate from $1.00 per hour premium to Assistant/Produce Manager rate per hour. 

The current Assistant/Produce Manager rate is $25.62. Currently the most a F/T Night Shift Lead Hand could make with the existing $1 premium applied is  $23.20.

32.

5.25

NIGHT STOCKING-EXEMPTION:

REDUCE Age + Service exemption from “70 years” to “60 years.”

This proposal will allow more members to opt out of Night Stocking (Graveyard Shifts).

33.

6.01

GENERAL CLERKS:
The Employer will not, in any circumstances, assign General Clerks to perform Clerk Cashier duties. There shall be a $500.00 penalty for violations of this provision..

This proposal is self-explanatory and arise from abuses by management during the life of the 2003-2008 C.B.A.

34.

6.03

OFF-TILL DUTIES:
All postings, including off-till postings, will use a standardized form.  All postings to be kept on file by the Employer and copies of all postings will be forwarded to the Union office and Shop Stewards.

The proposal will provide information to help the Union ensure compliance with the C.B.A.

35.

6.03

FRONT END SCHEDULE WRITING:
Front End Schedule Writing to be defined as a fixed off-till duty.

 

Currently management assigns the front-end schedule writing duties as they see fit. The proposal would make this a posted position to be filled by Clerk Cashiers by seniority.

36.

6.03

CASHIER TRAINER:
Clerk-Cashier Trainer to be a fixed off-till duty.

 Currently management assigns the Clerk Cashier Training duties as they see fit. The proposal would make this a posted position to be filled by Clerk Cashiers by seniority.

37.

6.03

MULTIPLE OFF TILL DUTIES:
AMEND to provide that Cashiers with multiple fixed off till duties be assigned first in the off till duty where they are ranked highest.

This proposal is self-explanatory.

38.

6.05

SERVICE CLERKS:
Service Clerks shall be permitted to transfer to other classifications without restriction and maintain their Company Seniority and ALL benefits.

This proposal would make such a transfer optional, i.e. Service Clerks who do not wish to change classifications may opt to remain as Service Clerks.

39.

7

WAGES-INCREASE
Substantial across-the-board wage increases for all employees in all classifications and departments.

The economy is red-hot, our population is increasing and the Employers are profitable. Now is the time for us to make the most of these circumstances…2008 is our year!

40.

7

WAGES-MINIMUM WAGE SPREAD:   
ADD “In the event of an increase to the Provincial minimum wage, all rates of pay to be adjusted upward to maintain the spread between the current minimum wage and the rates of pay listed in this Agreement.”

This clause would provide for further wage increases should the provincial minimum wage increase. This insures that our contract rates stay well ahead of the minimum wage.

41.

7

WAGES-PHARMACY TECHS:
AMEND to provide Pharmacy Technicians to be paid the same rate of pay as Clerk Cashiers.

We continue to diligently pursue the goal of pay equity for our Pharmacy Tech members. The Employers must be made to recognize the training, expertise and responsibility that are required to perform this important work.

42.

7

WAGES-SPECIALTY DEPARTMENTS:
AMEND to provide for all Specialty Department Clerks (including Starbucks and Natural Foods) to be paid the same rate of pay as Clerk Cashiers.

Our members in Specialty Departments are no longer willing to accept that their labour should carry a lower value. The proposal seeks wage parity for these members.

43.

7.01

PAYDAY:
If pay to which an employee is entitled is not received on the regular payday, a penalty of one hundred dollars ($100.00) will be paid to each affected employee for each and every day the pay is late/ delayed.  In addition, each affected employee shall receive a five hundred dollar ($500.00) cash float from the till on the regular payday.”

This proposal arises from payment problems previously experienced by our members. It provides for a cash advance for the member and a penalty to the management designed to make timely payment of wages a priority.

44.

7.03

WAGES-FLORAL MANAGER:
NEW: Floral Manager to be paid the same rate of pay as Produce Manager.

Where Clerk Cashiers do floral work as a fixed off till duty, the idea here is to bring about wage parity with the most comparable position.

45.

7.04

RELIEF RATE:   
DELETE in first paragraph:
“ who is absent for two (2) or more full shifts (eight (8) hours)” as follows

ADD to first paragraph after Assistant Manager:
“Bakery Manager, Floral Department Manager, Starbucks Manager, etc.”

The current relief rate language does not take effect unless relieving a Produce or Assistant Manager and until the relief assignment exceeds 2 full shifts. This proposal would change that by making the relief rate payable immediately as well as expanding the circumstances in which the relief rate is triggered.

46.

7.08

STAFF MEETINGS:
AMEND to provide for all staff meetings to be paid at the applicable rate of pay.

This would make all staff meetings paid time including those where attendance is voluntary.

47.

7.12(b)

TRANSFERS-TRAVEL ALLOWANCE:
INCREASE kilometre allowance from 19¢ to 80¢.

DELETE references to:
  “…outside  the contract area…”.

This proposal changes the clause that deals with permanent transfers outside of the member’s bargaining unit/contract area. The proposed changes would make an improved travel allowance payable while removing the requirement that the transfer take place across bargaining unit/contract area lines.

48.

7.12

TRANSFERS-BRIDGE AND HIGHWAY TOLLS:
ADD language to provide that the Employer pay bridge and/or highway tolls incurred by transferred employees.

The trend toward transportation tolls is addressed by this proposal.
49.

8

SPECIAL LEAVE OF ABSENCE FOR LONG-TERM EMPLOYEES:
NEW, ADD: “Employees who have completed twenty-five (25) years of services with the Employer shall be entitled to an additional one (1) year paid leave of absence without loss of seniority.”

Long service members would have this well-earned paid leave benefit to look forward to upon completing 25 years of employment.

50.

8

SPECIAL LEAVE OF ABSENCE FOR MILITARY TRAINING:
NEW, ADD:  “Time off will be granted upon request to complete Canadian Armed Forces Reserve training with no loss of seniority.”

The proposal entitles members interested in Military Reserve service time off to train.
51.

8

VACATIONS-DEFINITION OF “YEARS OF SERVICE”
AMEND to provide for the definition of years of service as years of service from the employee’s date of hire.

This would replace the current definitions of a year of service as 1450 or 1700 hours.

52.

8

VACATION BENEFIT:
AMEND to provide for the following:

  1   Year of Service  2 weeks vacation       4% of earnings
  3 Years of Service  3 weeks vacation       6% of earnings
  7 Years of Service  4 weeks vacation       8% of earnings
11 Years of Service  5 weeks vacation     10% of earnings
15 Years of Service  6 weeks vacation     12% of earnings
19 Years of Service  7 weeks vacation     14% of earnings
23 Years of Service  8 weeks vacation     16% of earnings
27 Years of Service  9 weeks vacation     18% of earnings
31 Years of Service  10 weeks vacation    20% of earnings
35 Years of Service         11 weeks vacation             22% of earnings

Driven by the change proposed above, this language would make all members, regardless of full-time or part-time status; subject to the same vacation time and vacation pay formula.

Note: The language currently in the C.B.A. that provides for 40 hours pay or the applicable percentage, whichever is greatest, would remain although it will require some modification in order to work with this proposed change.

53.

8

VACATION SCHEDULING:
There shall be no blackout weeks. All weeks in the year are to be available to all employees for booking for holidays.

The proposal is intended to open up the entire calendar year for vacation scheduling.

54.

8

SELF-PAYING BENEFIT COSTS WHILE ON LEAVE:
Employees shall be permitted to self-pay Medical, Dental and Extended Medical benefit costs while on any type of Leave of Absence.

Employee are to have advance notice of the cost of these benefits before going on leave.

The C.B.A. currently allows self-payment of benefits during a 1 year L.O.A. or Education Leave. This proposal extends self-payment of benefits to other forms of leave and adds a requirement that the member be notified of the costs involved before a leave begins.

55.

8.13

FUNERAL AND BEREAVEMENT:
AMEND to provide for one (1) week paid leave in every case of bereavement, except where travel overseas or travel that exceeds 24 hours to and from the destination is required in which case the paid leave will be extended to two (2) weeks

This is an improvement over the current benefit, which is for “up to 3 days pay” in many cases. Also added is an extension where the funeral requires significant travel.

56.

8.13

FUNERAL AND BEREAVEMENT:
AMEND to provide for the addition of the following:

Step-parents; step child, step-sister; step-brother; son-in-law, daughter-in-law, niece; nephew; aunt; uncle; cousin, partners, grandparents, in laws, step grandparents, on both sides of the employee’s family.

The addition of these newly listed relatives would greatly expand the circumstances under which a member is eligible for paid funeral leave.

57.

8.18, 8.19

PREGNANCY AND PARENTAL LEAVE:
AMEND to provide for E.I. top-up for the first fifty-two (52) weeks.

FURTHER AMEND to provide, at the employee’s request, up to fifty-two (52) additional weeks of unpaid parental leave without loss of seniority.

The first sentence requires the Employer to pay the member on leave the difference between their E.I. benefit and their regular pay. The second part allows the option of extending the leave by up to a year without pay.

58.

8.20

PATERNITY LEAVE:
AMEND all references to “paternity” and “father” to read “father or co parent”.

A modernization of the current terminology.

59.

9, 10

QUALIFYING FOR HEALTH AND WELFARE BENEFITS:
AMEND to reduce the hours and time qualifiers for benefits in Section 9 and Section 10.

Allow for all employees to be eligible for these benefits.

The proposal is intended to make Health and Welfare Benefits easier to get and available to all members.

60.

9.13

LONG TERM DISABILITY:
AMEND to increase benefit level (from 60%) to 80% of wages.

INCREASE duration of benefit from 18 months to 36 months.  Extend coverage to age 65.

This proposal would provide for more wage loss coverage as well as a longer time period during which one could collect L.T.D. benefits.

61.

9, 10, 11

RETIREES BENEFITS:

AMEND to reflect Employer paid medical (eye glasses, extended health, MSP, prescriptions) and dental premiums for members retiring from the industry.

With this proposed language paid Medical and Dental benefits would continue after retirement.

62.

9.10

EMPLOYER TO PAY CLAIMS DURING ADJUDICATION:
Second sentence DELETE: “valid”.
AMEND TO READ” employees filing WI, LTD, WCB, claims will continue to receive pay as time worked until the claim is adjudicated or in the event of an interruption, for the duration of the claim, in order to insure that there will be no interruption in employee pay.

The proposed removal of the word “valid” would make the payment of the listed benefits mandatory thus eliminating long periods without income that our members to had to suffer through in the past.

63.

9.09

EYEGLASSES, DRUG AND HEARING AID PLAN:

INCREASE eyeglasses, lenses and frames from $150.00 to $500.00 annually.

Change “Dependents under age 19” to “dependents under age 25”

INCREASE hearing aids to $1500.00.

Improved benefits levels and dependent eligibility.

64.

9.09

LASER VISION SURGERY:

This proposal is self-explanatory.

65.

9.09

EYEGLASSES, DRUG and HEARING AID PLAN:

This proposal is for a card that would be presented as payment to the pharmacy. It also expands coverage to all prescriptions.

66.

9, 10, 11

RE-QUALIFYING FOR BENEFITS:
AMEND qualifiers to reflect: employees that return from approved leaves (such as WI, LTD, WCB, etc.,) do not have to re-qualify for benefits.

The current qualifying formula is either 24 hours per week or 32 hours per week averaged over 13 weeks.

67.

9.05

EHB – USER FEES:
AMEND EHB to cover all user fee costs.   Massage therapy (including deep tissue massage), chiropractor, physiotherapy, naturopath, eye exam, orthotics, flu shots, service fees, ophthalmologist, etc.

This proposal would do away with user fees and add cover various additional services.

68.

9.09

EHB – MOBILITY EQUIPMENT:
AMEND EHB to provide for maximum for Wheelchairs, Scooters and Electric Wheelchairs to $5000.00.

This proposal is self-explanatory.

69.

9.10

LIFE INSURANCE:
AMEND Life Insurance to provide for increase in benefit from $25,000.00 to two times (2X) the employee’s yearly salary, with a minimum of $50,000.00.

This proposal is self-explanatory.

70.

9.10

SHORT TERM DISABILITY:
(1)     AMEND to provide that “hospitalization” includes ALL “day surgery”.

(2)     AMEND effective date of coverage from “fourth (4th) day” to “second (2nd) day”.

(3)     INCREASE wage loss benefit level from 75% to 100%.

 

(4)        INCREASE duration of benefit from 26 weeks to 52 weeks.

This proposal is intended to provide for total wage loss coverage and a longer period during which members can collect benefits. The addition of “day surgery”

71.

9.10

DIRECT DEPOSIT OF W.I./L.T.D./W.C.B. BENEFITS:
AMEND to provide for the option of direct deposit or home delivery of W.I and L.T.D and W.C.B. benefits.

This would end the need for members to pick up benefit cheques at the store.

72.

10.01

SICK LEAVE CREDITS:

  • AMEND: All employees will accrue sick leave on the basis of eight (8) hours for every one hundred seventy-thee (173) hours worked.”
  •  
  • “ATO shall count as time worked for the purpose of accumulating sick leave.
  •  

Accumulated hours worked must be reported on employee’s pay stub.”

The proposal increases the level of the sick leave benefit and extends it to more members. It would change the qualifying process away from a system based on maintaining a 36-hour average to one based on accumulated hours.

Members would earn 8 hours of sick leave credit upon working 173 hours, the equivalent to 1 month of full-time employment.

Once the benefit is earned it is banked. The process of falling in and out of eligibility based on 13 week averaging would no longer be used.

A.T.O.s would be counted as time worked for this purpose.

The proposal also requires that the Employer report hour accumulations on members’ paystubs.

73.

10.04

MEDICAL REPORTS:
AMEND TO READ:

“Medical Reports

  •                         The Employer agrees to pay the fees for all medical reports requested and/or required, including those for Sick Leave and Weekly Indemnity purposes.

All medical information contained in medical reports shall be kept confidential by management.”

This would replace the current $20 limit making the Employer responsible for the entire cost of any medical reports that they ask for. The confidentiality of the information in the report is also protected.

74.

10.05

MAINTENANCE OF BENEFITS:
DELETE:” to a maximum of six  (6) months.”

DELETE: last sentence of first paragraph: “The employee shall reimburse…”

“Maintenance of Benefits

  • The Employer agrees to maintain the full cost of Health and Welfare premiums when an employee is absent on Weekly Indemnity or Workers' Compensation claims or on Sick Leave.”

This proposal removes the 6-month limit on paid health and welfare benefit coverage making such coverage last for the duration of the member’s absence.

75.

19.11

SICK LEAVE:
AMEND to provide that time on Sick Leave is considered as time worked for all purposes of the Collective Bargaining Agreement.

This proposal is self-explanatory.

76.

10.03

WCB SUPPLEMENT:
ADD “All employees shall be paid the balance of their shift by the Employer on the first day of an accident or injury.”

Currently WCB benefits cover you only from the first full day of wage loss. This proposal would make the Employer pay for any part day lost to workplace accident or injury.

77.

11

DENTAL

INCREASE dental coverage for all services to 100%.

INCREASE Orthodontics coverage.

This proposal would eliminate/reduce dental deductibles (i.e. the portion of a dental services claim that the member pays for).

78.

12

PENSION PLAN:
ADD the following (subject to the approval of the Plan Trustees):

  • Entitlement to full pension at age 50 without early retirement penalty.
  • Full pension for employees with age and service = 80.

 

  • Pension benefits to be based an average of an employee’s best 5 years.
  • Increase Employer contribution substantially.

 

  • Full Indexing

Although we already have an excellent pension plan, we continue to strive for improvements to it. This proposal would see pension benefits increased and available to our members sooner.

Full indexing means that benefit levels are increased to keep up with inflation.

 NOTE:  These are Trustee matters, which require actuarial evaluations.

79.

14.05

PREFERENCE IN AVAILABLE HOURS:
AMEND appropriate sections to provide for “preference in available hours” for all employees so that everyone’s hours will be maximized on a daily basis.”

This proposal will put an end to “weekly seniority” and entitle all members, by seniority, to the longest shift available on a daily basis (i.e. daily maximization).

80.

14.05

SCHEDULE REVIEW:
ADD: Stewards shall be entitled to review schedules on paid company time.

This is necessary to protect your seniority/scheduling rights by ensuring that management is following the C.B.A.

81.

14.07

RESTRICTION OF AVAILABILITY:
AMEND to allow for the ability to change restrictions up to three (3) times per year.

Currently members can put in a restriction form once per year, unless otherwise mutually agreed.

82.

14.11

STORE CLOSURE and BUMPING RIGHTS:
DELETE the current language and replace with provisions that allow members from stores that are closing to bump into any store in the province by Company Seniority.

83.

N/A

STORE CLOSURE: NOTICE OF RECALL FROM LAY OFF:
AMEND to increase notice period from forty-eight (48) hours to seven (7) days.

This is the period of time given to a member to respond to recall in such circumstances.

84.

14.17(3)(b)

JOB POSTING:
AMEND to provide for provincial posting rights based on Company Seniority (rather than by Contract Area Group Seniority).

This proposal would open up job postings to the entire province. (Currently postings must go unfilled in the bargaining unit/contract area before they go to the provincial posting process.).

85.

15

SEVERANCE PAY:

AMEND to provide all employees with four (4) weeks pay for each year of service and the maintenance of benefits for two (2) years after store closure.

This proposal is for 4 times the current Severance Pay plus 2 years of benefits to help members adjust through their job loss.

86.

17

NEW: JUSTICE AND DIGNITY CLAUSE:

ADD: “Any employee who the Employer suspends or discharges shall be placed on a paid leave of absence or be retained at or returned to active work until any grievance contesting such suspension or discharge is finally resolved through the Grievance/Arbitration procedure.

However, the employee may be removed from active work (without pay) until the resolution of the grievance protesting the suspension or discharge if her/his alleged cause for suspension or discharge presents a danger to the safety of employees or equipment in the store due to fighting, theft, or harassment of another employee.”

With the noted exceptions, this proposal provides for the continuation of employment while any grievance challenging a member’s discipline is being processed.

87.

19.03

WEARING APPAREL:

AMEND to provide for the following:

  • Employer to pay all costs associated with providing, laundering, replacing uniforms, clothing and aprons.  Any such clothing, with or without the Company’s logo on it, shall be paid for by the Employer.
  • All aprons and uniforms supplied by Employer will be Canadian Union- Made.

 

  • All employees to receive annual clothing allowance of $200.00.
  • Employer to reimburse all employees that are required to wear protective footwear any other special article of clothing or footwear. 

This proposal is intended to make the Employer responsible for the supplying, cleaning and paying for the clothes needed for your job. It also insures that such items are Union made.

88.

19.13

BULLETIN BOARDS:
DELETE all language after the first paragraph.

This proposal removes the limits on what we can post on our bulletin boards.

89.

19.16

EMPLOYEE’S PERSONNEL FILE:

AMEND: To provide for the removal of all discipline reports one (1) year after they are issued. 

This proposal is self-explanatory.

90.

19.15

NO DISCRIMINATION:
ADD language to protect Union Members from harassment by customers.

This is needed for our members’ protection in an increasingly dangerous world.

91.

19.15

NO DISCRIMINATION:
AMEND language to protect Union Members from discrimination on the basis of all the prohibited grounds currently contained in the Human Rights Code of B.C.

The proposal seeks to update our contract language, bringing it into compliance with Human Rights legislation.

92.

19.18

TECH CHANGE (AUTOMATED CHECK STANDS):
ADD: Language to provide for retraining for members adversely affected by the introduction of automated check stands or any other automated equipment.

This proposal is needed to counter the Employers’ use of automation to reduce their payroll cost (example: Pricesmart Foods).

93.

20.01

RE:  JOINT HEALTH AND SAFETY COMMITTEE:
“A Joint Health and Safety Committee shall be established in all worksites.  In worksites with seventy-five (75) or more employees, the Committee shall have a minimum of four (4) worker representatives.  In worksites with less than seventy-five (75) employees there shall be a minimum of two (2) worker representatives.

Committee terms of reference shall cover all duties listed in the Workers Compensation Act. Worker chairs shall participate equally in developing agendas; ensuring materials are prepared and distributed one week prior to the regular monthly meetings.  Unresolved issues relating to terms of reference and committee functioning shall be referred to the provincial committee for decision. In the event of disagreement they shall be referred to _____________ for a binding decision.

All worker co-chairs and worker reps on store health and safety committees shall be ensured the following time per week to perform their duties as detailed in the Workers Compensation Act:

Worker Co-chairs: minimum of 16 hrs per week to oversee and co-chair the joint h and s committee, coordinate activity of committee members, follow-up on all committee decisions and recommendations, participate in incident investigations, inspections of all departments, Health and Safety orientation and training of workers and all newly hired employees.

Worker Rep: minimum of 12 hrs per week to carry out activities of the committee, assist the worker co-chair, participate in h and s instruction of all workers and new hires, participate in inspections, investigations, and follow-up.”

 The purpose of this proposal is to strengthen the language in the C.B.A. thus increasing the effectiveness of these joint committees.

A key feature is the provision of an adequate amount of paid time to carry out committee functions, something that is sadly lacking today.

94.

20.02

PROVINCIAL HEALTH AND SAFETY COMMITTEE:
AMEND by adding:
“Union Regional Coordinators shall attend these meetings. Jim Dorsey shall be appointed to mediate disputes that remain unresolved in committee. The mediator shall render a binding decision in the event of all unresolved disputes within fourteen (14) days of referral by either party.”

The addition of a named mediator, a quick arbitration process, and the inclusion of Union Regional Coordinators in meetings are all improvements to the current C.B.A. language in this area.

95.

20

WORKER REP PARTICIPATION:
ADD NEW: “Worker representatives shall directly carry out and participate in all incident investigations, ergonomic assessments and regular site inspections.  The Union shall designate one of the worker representatives as Committee Co-chair.  The worker Co-chair and worker representatives shall assign and share responsibility for incident investigations, ergonomic assessments and regular inspections.  They shall designate worker representative alternates to the Committee.”

This proposed language is designed to clearly define the level of participation to be undertaken by the worker reps on the joint committee.

96.

20

HEALTH AND SAFETY EDUCATIONAL LEAVE:

ADD NEW: “All Committee members and their designated alternates shall receive a minimum of two (2) days paid Education Leave annually for the purpose of attending Union-designated Health and Safety training seminars.”

This proposal ensures that members that are appointed to these important roles have the appropriate training, without suffering a loss of pay.
97.

20

HAZARD CONTROL:

ADD NEW: “All hazards identified by Health And Safety Committee representatives shall immediately be addressed and controlled.  Hazards that cannot be eliminated shall be minimized using the best available methods of hazard control.  Engineering controls, i.e., modification of equipment, work design and work procedures, shall be the primary method of hazard control.”

This proposal is for new language, the purpose of which is to keep our members as safe as possible during their hours of work.
98.

20

CONSTRUCTION and RENOVATION HAZARDS:

ADD NEW: “Worker co-chairs shall be appointed as construction and renovation coordinators.

No subcontracted work shall proceed without prior approval of the HEALTH AND SAFETY committee, to ensure that HEALTH AND SAFETY programs are properly coordinated and all potential construction and renovation related hazards are identified and addressed prior to commencement.

Worker co-chairs shall receive an additional day of paid educational leave per year to review health and safety best practices related to construction and renovation environments.

Violations of this clause by the Employer shall result in a $2000.00 fine payable to the Union.”

This proposal provides for strong language to ensure that renovations are carried out in a way that does not compromise the health and safety of our members working in the store during these periods of construction.

99.

20

NEW HIRE  HEALTH AND SAFETY ORIENTATION:

ADD NEW: “All newly hired employees to receive 8 hrs Health and Safety orientation before working their first shift and an additional 8 hours within 30 days. Training to be done by worker co-chairs and worker representatives. Areas covered to include: hazard recognition; M.S.I control; emergency procedures; lockout safety; violence prevention program; Personal Protective Equipment Training, WHMIS/ MSDS Program, reporting of injuries and first aid reports; reporting of hazard; worker rights under Workers Compensation Act; union representation and Health and Safety resources.”

The proposed new language would see to it that newly hired members get off to a safe start by receiving a paid Health and Safety orientation before their first shift and again before 30 days.
100.

20

ERGONOMICS and MATERIAL HANDLING

ADD NEW:
“(a)    All materials shall be lifted and moved in a manner which does not increase risk of musculoskeletal injury (MSI).  No task shall be assigned or carried out which exceeds the published safe lifting guidelines of the WCB and the referent standards.

(b)     All palletized loads must be:
(i) split stacked;
(ii) a maximum of six crates high;
(iii) a stable load; and
(iv) accessible by splitter or forklift.

(c)     Check stand or till design, and all new check stands or tills installed shall be designed in consultation with and agreement of the Union Health and Safety Department.  A Checkstand / Till Design Committee shall be struck to include three (3) Union-selected Cashiers for this purpose.

(d)        In the event of a disagreement over ergonomic hazard controls or work-station design, a certified ergonomist, as selected by the Union, shall be obtained to render a binding decision.”

This proposal clearly sets out those steps that must be taken by management to ensure that work is carried out safely and that the design of the workplace is such that it minimizes the risk of injury.

101.

20

CHEMICAL AND SPECIAL HAZARDS:
ADD NEW: “ No chemical cleaners or strippers shall be used which contain hazardous ingredients listed as carcinogens, or sensitizing agents, or reproductive toxins as listed by IARC, NJ; EPA; WHO, NIOSH, or as referenced in Scorecard EDF Data base.   Ventilation rates shall be set at maximum during the use of and for 48 hours after any floor stripping material. No workers shall be exposed to the fumes of solvents associated with these operations or renovation and construction work.

All asbestos-containing materials shall be inventoried for every workplace. Inventory results shall be immediately given to the Union Health and Safety representatives and servicing representative. All such asbestos identified shall be safely removed from the premises by qualified removal specialists under Worksafe BC supervision.”

This proposed new language prohibits the use of dangerous substances for cleaning or stripping floors; sets out ventilation standards and addresses asbestos removal.

102.

20

CLIMATE CONTROL:
ADD NEW: “All work areas (excluding freezers and coolers) shall be maintained at a comfortable temperature ranging from 20-24 degrees Celsius.

The Employer must provide appropriate protective clothing for working in cold temperatures and must launder the special clothing.”

“Workers shall be entitled to possess and consume bottled water at their workstations.”

This proposal provides for a comfortable ambient temperature in most parts of the store. It also requires the Employer to provide clothing needed to protect those working in cold temperatures and allows water bottles at workstations.

103.

20

MSI (Musculoskeletal Injury) PREVENTION PROGRAM

ADD NEW:
 “In order to reduce MSI injuries:

  • Service Clerks shall be assigned to pack groceries for a minimum of fifty percent (50%) of each cashier’s shift.  The Employer must schedule enough Service Clerks to meet this requirement.
  • Sit-stand stools and hand-held scanners shall be available upon request and be properly fitted to the work-station
  • Workstations shall be designed to ensure that no employee is required to reach beyond a maximum of 45-cm.  Workstations shall be arranged so that all over shoulder reaches are eliminated MSI and other hazards associated with work stations or equipment identified by employees or the Health and Safety Committee shall be corrected without delay.

Each element of this proposal is designed to prevent the most common type of injury sustained by our members at work.

104.

20

VIOLENCE PREVENTION:
ADD NEW:
“(a)    Each worksite shall carry out and implement a site-specific prevention program.
(b)     There shall be a No-Chase Policy implemented in all worksites.
(c)     Loss control personnel shall not apprehend or detain suspects on premisesEmployees shall not be asked to stay with suspects.
(d)     All locations shall be evacuated in the event of a bomb threat or other directly conveyed threat of robbery or potential serious violence, until local authorities have cleared the premises for re-entry.
(e)     Employee parking space shall be in well-lit areas immediately adjacent to a door of the workplace.
(f)      Uniformed security personnel provided at all work sites.
(g)     Employees, upon request, will be provided with an escort to and from their vehicle.
(h) There shall be a minimum of two employees working the front end during all retail hours.”

Each element of this proposal is designed to reduce the risk to our members, of exposure to violence while in or around the workplace.

105.

20

ADD NEW
REGIONAL HEALTH and SAFETY COORDINATORS
“(a)    The Union shall select designated Health and Safety Coordinator for each of the following regions:
         Lower Mainland (3), Vancouver Island, Okanagan, Kootenays, Central Interior and Northern Interior and North Coast (1 per region).
(b)     Regional Health and Safety Coordinators shall receive sixteen (16) hours per week for the purpose of assisting Health and Safety Committees.
(c)     Regional Coordinators shall report to the Union Health and Safety Department.  Their duties shall include: assistance in education and training activity; review of worksite Committee minutes and assistance with unresolved issues; other matters as determined by the Union Health and Safety Department.
(d)     Regional Coordinators shall receive one (1) day’s paid leave quarterly to attend coordination meetings at Union headquarters.
(e)        Travel expenses for Health and Safety Coordinators to attend meeting to be paid by the Employer.”

The creation of these new Regional co-Coordinators (Union appointed) is to enhance the effectiveness of store Health and Safety Committees. The proposal requires that the Employers provide these Coordinators with the resources to carry out their duties,

106.

20

HEALTH and SAFETY:
AMEND to provide for no less than the standards set out in WCB Health and Safety Regulations of May 2001.

These are the standards that existed prior to the gutting of the Regulations by the Campbell government.

107.

20

DUTY TO REFUSE HAZARDOUS WORK:
ADD NEW: “No worker shall carry out any work or work task if she or he has cause to believe that such work may be hazardous to their health or safety or that of any other worker. All workers shall immediately notify their worker co-chair and supervisor in such a circumstance.

In the event the issue cannot be immediately resolved the worker shall be reassigned to other safe work. No worker shall be assigned the refused work until the matter is resolved by decision of the Worksafe BC.

Any worker shall be authorized to temporarily stop work they observe to be an undue hazard to the health or safety of any person.

Without limiting the forgoing this shall include use of unsafe or poorly maintained equipment; working during a power outage; exposure to chemical fumes; materials handling hazards associated with undue risk of injury.”

This proposed new language would clearly spell out a member’s right to refuse any work that may be hazardous to himself/herself or to someone else.

108.

20

FIRST AID ATTENDANTS:
There shall be minimum of one Bargaining Unit worker trained in Level 2 First Aid during all hours of operation.

There shall be a $2.00 premium for all First Aid attendants.

There shall be a designated First Aid room on the retail floor level in all operations. The First Aid room shall meet all the   minimal dressing station specifications as referenced by Worksafe BC. The First Aid room shall not be used for any other purposes and must be accessible at all times.

Training time and course fee for First Aid certification shall be paid by the Employer.”

This proposal is intended to provide top-notch first aid services and facilities for our members.

First aid attendants would be well trained and paid by the Employers for course fees and time spent in those courses.

109.

20

EMPLOYER INFRACTIONS:
“Any infractions of the OHS Regulation or WCACT, as determined through Worksafe BC order, shall result in minimum $1,000 fine to be paid to the UFCW 1518 Health, Safety and Education Fund.”

This proposed fine for Employer infractions should stress the degree of attention that management should be paying to our members’ health and safety needs.

110.

21.01

UNION BUSINESS:

AMEND to ensure that leave for union business cannot be denied by, or disrupted by, the Employer.

This proposal prevents the Employer from disrupting Union activities involving our members employed in the stores.

111.

21.03

PAID TIME FOR SHOP STEWARD’S DUTIES:

ADD:
“The Shop Steward at their discretion and at the Employer’s expense, has the right and authority to photocopy Weekly Work Schedules at the time of posting pursuant to Section 5.07.

Two (2) hours per week for every 50 Contract Area employees on the store’s payroll shall be allocated on the Shop Steward’s schedule in order for the Shop Steward to carry out duties related to the administration and enforcement of the Collective Agreement.

All discussions between the employee and Shop Steward are confidential and the Employer must refrain from requesting or demanding to know the content of those discussions.”

This proposal is designed to provide our Shop Stewards with the time and resources to take a more active roll in enforcement of the C.B.A. It also contains a provision making the content of member-steward discussions privileged information.

112.

21.03

PRESENCE OF SHOP STEWARD AT DISCIPLINARY MEETINGS:

AMEND to provide that any discipline issued without a Shop Steward, (or in the absence of a Shop Steward a Bargaining Unit member of the employee’s choice) be deemed null and void. 

The Employer shall provide advance notice to the Shop Steward in attendance that a disciplinary meeting will occur of the following:

  1. That a discipline will occur.
  2. Who the employee is and why they are being disciplined.

The Employer must inform Shop Stewards of any and all disciplinary issues when Stewards are not in the store before or immediately after the disciplinary action.

Delete all references to witnesses being “observers” rather than participants wherever they appear in the Agreement.

The Employers’ obligation to keep the Shop Steward notified of disciplinary actions is key to their role in the enforcement of the C.B.A. 

The proposal would also change the nature of the Shop Steward’s (or witnesses’) participation from “observer” to “participant”.

Lastly, any discipline that is not carried out in accordance with the C.B.A. would be rendered void.

113.

LOU 26

EARLY RETIREMENT OFFER:

Institute a new E.R.O.

This proposal is self-explanatory.

114.

MOA 1

HEALTH, SAFETY AND EDUCATION FUND

The Employer agrees to increase contribution by one-cent (1¢) per year in each year of the Agreement.

The current level of Employer contribution to the fund is 10 cents per hour worked.

115.

1.02

NEW BANNERS:
DELETE current language and SUBSTITUTE the following:
“The Employer shall not open any new store, regardless of banner, without prior approval of the Union.”

Self explanatory.

116.

NEW

All stores owned or operated by the Employer must be covered by this Collective Agreement.  The stores shall be placed in either Zone 1 or Zone 2 depending on their geographic location.

This proposed language would make it crystal clear that no matter what banner the Employer attaches to their stores that the Major Food C.B.A. will remain in place.

117.

NEW

The Employer shall not establish any franchise, regardless of banner, without prior approval of the Union.

 

Self explanatory

118.

NEW

DAYCARE
ADD Employer to provide on-site daycare.  Daycare services must be provided by certified UFCW Local 1518 members.

Parents with children in private daycare would see their income increased by the significant savings in daycare expenses.

119.

NEW

PARKING:
ADD “The Employer shall provide parking, at no cost to employees.”

This proposal protects our members against another potential work related expense.

120.

NEW

EMPLOYEE DISCOUNT:

  • ADD “All employees shall receive a discount of 20% at stores operated by the Employer.”

This discount is well within the ability of your profitable employers to provide in addition to wage and benefit improvements.

121.

NEW

FITNESS INCENTIVE:
ADD “The Employer shall provide one hundred dollars ($100.00) per employee, per year to be put towards fees related to activities that promote physical fitness.”

Both our members and their Employers would reap the benefits of improved fitness and this incentive is designed to get people started in the road to better overall health.

122.

NEW

EMPLOYEE APPEARANCE:

Employee’s option to wear piercings, tattoos, beards, moustaches, and sideburns as long as neat and tidy.

 The proposal strikes a balance between personal expression and a reasonable appearance standard.

123.

NEW

EMPLOYEE LUNCHROOMS:
ADD language to provide for the removal of all the company satellite TV’s and WBT training computers.  There will be no meetings, training, use as a first aid area or security area.  No employer material to be posted on the walls in the employee lunchroom.

This proposal is aimed at removing a real irritant, the use by management of the staff lunchroom for inappropriate purposes.

124.

NEW

BAKERY APPRENTICESHIP PROGRAM
The Employer will develop an accredited Bakery Apprenticeship program within the first six months of ratification; and additional Accredited Apprenticeship Programs as necessary.

This proposal is intended to return to this work as a craft by implementing apprenticeship programs similar to those found elsewhere in the food industry.

125.

NEW

LOCKERS
The Employer must provide functioning lockers, large enough to hang coats, and new locks for all employees.

This proposal is self-explanatory.

126.

 

Discuss moving Letters of Understanding body of the Collective Agreement.

 

127.

 

Discuss Duty to Accommodate process.

 

128.

 

Discuss Harassment Investigation process.

 

129.

 

Discuss resolution of all outstanding grievances.

 

130.

 

Discuss Starbucks Clerks ability to transfer to other classifications.

 

 


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