ARTICLE 22 - OVERTIME
22.01 Overtime & Compensation
All hours required by the Employer to be worked in excess of an employee's regular work week or an employee's regular work day shall be compensated at the rate of one and one-half (1-1/2) times the employee's regular hourly rate, except part-time employees shall only receive overtime rates after working seven (7) hours in a day or thirty-five (35) hours in a five day week. During the period from Victoria Day to Labour Day, part-time employees shall receive overtime rates after working six and one half (6.5) hours in a day or thirty-two and one half (32.5) hours in a five day week.
22.02 Work Performed on Paid Holidays
If an employee is required by the Employer to work on a paid holidy, he or she shall be compensated at two (2) times the employee's regular hourly rate for the hours worked, and will also receive any compensation required under Article 23.
22.03 Work Performed on Christmas and New Year
Notwithstanding anything else in this Agreement, work performed on December 25th and January 1st shall be compensated at the rate of two and one-half (2-1/2) times the employee's regular hourly rate, plus compensation for the statutory holiday.
22.04 Work Performed on Rest Days
If an employee is required by the Employer to work on his or her first day of rest, he or she shall be compensated at the rate of one and one-half (1-1/2) times. If an employee is required by the Employer to work on his or her second day of rest, or if he or she is required by the Employer to work overtime on a Sunday, the employee shall be compensated at double time. Any employee who is required by the Employer to work any hours on the above-mentioned days shall receive no less than call-back compensation..
22.05 Work Performed While On Vacation
An employee who is required by the Employer to work during his or her vacation period shall be compensated at double the regular hourly rate of pay plus one (1) day off with pay in lieu of each vacation day in which work was performed.
22.06 Form of Compensation
The normal form of compensation for overtime worked will be time off at the appropriate overtime rate.
The time off will normally be taken at a time agreed to by the Employer and the employee within three (3) months of the overtime being worked. The time off may be taken later if mutually agreed to in writing.
If mutual agreement cannot be reached, for overtime worked during the period from April 1 to September 30, the employee shall receive payment at the appropriate rate of pay on the next pay day after December 31. If mutual agreement cannot be reached for overtime worked during the period October 1 to March 31, the employee shall receive payment at the appropriate rate of pay on the next day after June 30. The appropriate rate of pay will be the employee's rate of pay at the time of payment.
22.07 Overtime After Regular Hours
In the event that an employee is asked, prior to his or her normal quitting time, to work overtime, the provisions of Article 22.09 shall not apply to such overtime worked. An employee required to work more than (2) hours of overtime immediately following the end of his or her shift shall be provided with a meal allowance of $12.00 by the Employer. The Employer shall allow a one half hour meal break. An additional meal allowance and meal break will be allowed for each continuous and additional four (4) hours of overtime.
22.08 Distribution of Overtime
Overtime shall be assigned to the employee who normally does the work. If more than one employee normally does the work, it will be offered first to the most senior such employee in the department. Upon request, the Union shall be provided with a record of overtime worked by all employees.
22.09 Call-Back Guarantee
Employees who are called back for work after leaving the Employer's premises shall be compensated for four (4) hours at one and one-half (1-1/2) times their regular rates and will only be required to perform the work for which they were called back. If employees are required to work in excess of four (4) hours, they will thereafter be compensated at the rate of one and one-half (1-1/2) times their regular rates until they complete their assignments or until the commencement of their next shift, whichever shall first occur.
22.10 On Call Provision
If an employee is required by the Employer to be on call, that employee shall be provided with a cellular phone, shall remain one hour's driving time from Sackville, and shall receive 1/4 of his or her regular rate of pay for every hour on call during the first 24 hours in addition to pay for any callback. If an employee is required to be on call for more than 24 hours that employee shall receive 1/2 of his or her regular rate of pay for every hour on call in excess of 24 hours in addition to pay for any call back. If an employee is required to be on call on a Statutory Holiday, that employee shall receive his or her regular rate of pay for every hour on call in addition to pay for any call back. Employees who are required to be on call shall receive at least two weeks notice. The normal form of compensation for on call shall be in accordance with Article 22.06.
22.11 Travel Time
Wherever possible, travel to outside work assignments should take place during regular hours of work. Where the reason for travel is mandated by the Employer and the time spent travelling would otherwise result in the payment of overtime pursuant to this article, such travel time will be compensated at straight time. Time spent travelling includes associated waiting periods but not time in overnight accommodations.
22.12 Recording of Overtime, Travel Time and Time Off
All claimed overtime and corresponding time off must be submitted on the approved form to the Human Resources Department. The official record shall be maintained by the Human Resources Department.