Master Agreement Between the Government of the Province of Alberta and the Alberta Union of Provincial Employees
4.01
The provisions of this Agreement apply as specified in this Article to Employees as defined in Article 1 who are in the bargaining unit and are employed in classifications assigned to the subsidiary agreements.
4.02
This Agreement applies to an Employee:
(a)
appointed to a permanent position; however, where applicable, shall be applied on a pro-rata basis for an Employee who works part-time; and
(b)
appointed to a temporary position, however, where applicable, shall be applied on a pro-rata basis for an Employee who works part-time; except that:
(i)
Article 15, Position Abolishment, shall not apply, and
(ii)
Article 33A, Long Term Disability, shall not apply until after one (1) year of continuous employment in a temporary position, and
(iii)
Apprentices shall not have access to Article 29, Grievance Procedure, for termination of employment, as a result of either:
failure to comply with the terms and conditions of the Apprenticeship and Industry Training Act and/or regulations, or
lack of appropriate work, or
(c)
the unavailability of tradesperson positions upon completion of the apprenticeship program;
(c)
hired for wage employment, except that the following shall not apply:
Article 15
Position Abolishment
(ii)
Clause 17.04
Compensatory Time Off
Article 23
Workers’ Compensation Supplement
(iv)
Article 31
Casual Illness
(v)
Article 32
General Illness
(vi)
Article 33A
Long Term Disability
(vii)
Article 34
Health Plan Benefits and Dental Plan
(viii)
Clause 35.01
Group Life, Accidental Death and Dismemberment, Dependent's Life
(ix)
Article 36
Paid Holidays
(x)
Article 37
Annual Vacation Leave
(xi)
Article 38
Special Leave
(xii)
Article 39
Military Leave
(xiii)
Article 40
Adoption/Parental Leave
(xiv)
Article 40A
Maternity Leave
(xv)
Clause 41.02
Court Leave in private capacity
(d)
A Wage Employee who is dismissed for disciplinary reasons in accordance with Article 28 - Disciplinary Action, shall have access to the Grievance Procedure as provided in Sub-Clause 29.01 (d) & (e).
4.03
Notwithstanding Sub-Clause 4.02(c), an Employee hired for wage employment shall in lieu of receiving:
paid holidays pursuant to Article 36, be allowed, in addition to the Employee’s regular wage earnings, pay at five point two per cent (5.2%) of the Employee’s regular wage earnings, and for working on a paid holiday, pay at time and one-half (1.5x) the Employee’s regular hourly rate for all hours worked up to the equivalent of full normal daily hours and double time thereafter; and
annual vacation leave pursuant to Article 37, be allowed in addition to the Employee’s regular wage earnings, pay at six per cent (6%) of the Employee’s regular wage earnings.
4.04
Notwithstanding Sub-Clause 4.02(c) an Employee hired for wage employment who has worked fourteen hundred and fifty (1450) hours, exclusive of overtime, in a twelve (12) month period shall thereafter in lieu of receiving:
(a)
casual and general illness leaves pursuant to Article 31 and Article 32, be allowed the hourly equivalent of six (6) full days paid sick leave per subsequent year of employment for illness leave or medical appointments as required, but which may be subject to the provision of proof of illness on return to work pursuant to Article 32. If the Employee is appointed to a position, any sick leave used under this Clause will be deducted from the casual illness leave entitlement for that year of employment;
(b)
benefits pursuant to Article 33A, Article 34 and Article 35, be allowed, in addition to the Employee’s regular wage earnings, pay at one per cent (1%) of the Employee’s Employee’s regular wage earnings.
4.05
Clause 4.04 shall cease to apply to an Employee who:
at the Employee’s own discretion incurs a break in service for a period in excess of ninety (90) calendar days, or
is terminated and not rehired within ninety (90) calendar days.
In such circumstances, Sub-Clauses 4.02(c), 4.02(d) and Clause 4.03 shall apply to such an Employee.
4.06
Notwithstanding other provisions of this Article, an Employee hired for wage employment who has worked twenty eight hundred and fifty (2850) hours, exclusive of overtime, in a twenty-four (24) month period with the same Department, shall receive the same provisions of this Agreement that are applicable to an Employee who is appointed to a temporary position. An Employee who qualifies under this Sub-Clause shall receive five (5) work days’ notice, or one (1) day's pay in lieu of each work day by which the notice is short of five (5) work days, when the Employee’s employment is to be terminated.
If the terminated Employee is rehired for wage employment with the same Department and qualifies pursuant to Sub-Clause 4.06(a), the provisions of Sub-Clause 4.06(a) shall then apply.
If the terminated Employee does not qualify pursuant to Sub-Clause 4.06(a) upon rehire but qualifies pursuant to Clauses 4.04, the provisions of Clause 4.04 shall then apply.
(d)
If the terminated Employee does not qualify for any of the above provisions upon rehire, then the Agreement shall apply to such an Employee as set out in Sub-Clauses 4.02(c), 4.02(d) and Clause 4.03 hereof.
4.07
At the request of the Employee and with the consent of the Union, a Permanent Employee who intends to resign or has resigned and is being considered for Wage Employment may request that their employment be subject to the provisions applicable to a new wage employee, as detailed in Sub-Clauses 4.02(c), 4.02(d) and Clause 4.03.
4.08
Except as otherwise specified in this Collective Agreement, there shall be no pyramiding of leaves or benefits or other entitlements.
4.09
This Agreement does not apply to full-time students whose employment is contemplated by the curriculum of a course in which the student is enrolled; students who work less than the normal number of weekly hours; persons employed under special or cost shared programs such as the Priority Employment Program, the Summer Temporary Employment Program, Federal-Provincial Programs; and persons other than the Employees engaged in temporary emergency situations such as fire suppression or emergency measures.