Contract Interpretation 101Calgary Laboratory ServicesContract Interpretation 101

Calgary Laboratory Services

2013

Agenda

9:00 Welcome and Introduction9:30 Rules of Construction10:30 BREAK10:45 Use of Statutes11:00 Extrinsic Evidence11:15 Group Exercise12:00 LUNCH

Agenda… cont’d

1:00 New Language2:30 BREAK2:45 New Language4:30 ADJOURNMENT

Objectives

Know and understand how to interpret collective agreement language.Know and understand the new negotiated language.Be able to inform other members about the new language and how to interpret it.

Introduction

What is the proper name for a “contract” in

labour relations?

Introduction

Collective Agreement

“An agreement in writing between the employer and the employer’s organization and a bargaining agent, containing terms or conditions of employment.”

Introduction

Why do we have to interpret?

Why can’t we all just get along?

Introduction

Rules of Construction

Use of Statutes

Extrinsic Evidence

Rules of Construction

1.0 Words to be given ordinary meaning.

1.1 Where ordinary meaning leads to an absurd result

1.2 The De Minimus rule

1.3 Trade usage and words used in a special sense

Rules of Construction

2.0 The collective agreement to be read as a whole.

Rules of Construction

3.0 Where two possible meanings open, efficacy a consideration.

Rules of Construction

4.0 The rule against pyramiding benefits.

Rules of Construction

5.0 Each word should be given some meaning.

Rules of Construction

6.0 That which comes first overrides that which comes later.

Rules of Construction

7.0 Specific provisions override general provisions.

Rules of Construction

8.0 Headings may be used as a guide to a

provision’s meaning.

Rules of Construction

9.0 Similar terms used in different parts of the collective agreement should be

given similar meanings.

Rules of Construction

10.0 Dissimilar terms should be given different meanings.

Rules of Construction

11.0 Unless specifically stated, provisions of a collective agreement should not be given retroactive effect.

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Rules of Construction

12.0 Clauses should NOT be implied into an agreement.

Management Rights

What are Management Rights?

Use of Statutes

1.0 Legislation may be used as an aid in

interpretation.

Use of Statutes

2.0 Legislation may be used to render a provision in the collective agreement illegal.

Ille al

Use of Statutes

3.0 Legislation may not be used to apply positive benefits or duties not in the collective agreement.

Use of Statutes

4.0 If the Statute is incorporated by reference into the collective agreement, then recourse may be had to it.

Extrinsic Evidence

1.0 Past Practice

Extrinsic Evidence

2.0 Bargaining History

Extrinsic Evidence

3.0 Estoppel

“Principle of law preventing a party from insisting on its strict legal rights where, by its words or conduct, it has represented that it would not do so, and another party has changed its position to its disadvantage or detriment in reliance upon that representation.”

New Language

New Language

Article 1: Term of Collective Agreement

• 3 year term expiring on June 30, 2014.

New Language

ARTICLE 4: Union Rights

Article 4.10

• Included reference to Board Committees as applicable time off for Board Members.

New Language

ARTICLE 10: PROBATION

Article 10.1• Added language allowing for the extension of the probationary period only by mutual agreement with HSAA.

10.1.1 If, in the opinion of the Employer, the employee is found to be unsatisfactory, the employee’s probationary period may be extended by mutual agreement.

10.4 CLS will provide a written evaluation to the employee at least eight (8) weeks prior to the completion of her probationary period. The written evaluation will notify the employee of any required performance competencies and if there are any deficiencies and provide the employee with an opportunity to correct them during the probationary period.

New Language

ARTICLE 12: PROMOTIONS, TRANSFERS AND VACANCIES

Article 12.7

• Reduced the number of hours that successful applicants must remain in a position prior to being eligible to apply on another position from 465 hours down to 387 hours. This change in hours is reflected throughout the article.

Article 12.10

• Clarified language related to promotions as it relates to wages.

• Employees promoted within their classification (MLA I -> MLA II for example) will move Step for Step to the new wage scale.

• Employees promoted to a new classification series (MLA II -> MLT I for example) will advance to that step in the new scale which is next higher than her current rate.

New Language

ARTICLE 13 and 14: LAYOFF AND RECALL

• These two articles were clarified and streamlined in an attempt to have more user friendly language.

• Added language to increase, in some situations, the number of available vacancies an individual might have access to through a layoff process.

• Clarified that lay-offs are to happen in reverse order of seniority within the department that is being affected.

New Language

ARTICLE 19:

DEEMED TERMINATION

• Added language that casuals who have not worked for a period of six (6) months are deemed to be terminated.

New Language

ARTICLE 23: HOURS OF WORK

Article 23.10

• Increased length of breaks for shifts greater than five (5) hours but less than seven and three quarter hours (7.75) from 20 minutes to 30 minutes.

New Language

ARTICLE 24: WORK SCHEDULES AND SHIFTS

Article 24.9• In situations where employees are routinely giving

away shifts on a consistent basis over a period greater than six (6) months, the Employer may deny shift give aways.

New Language

ARTICLE 37: PAY DAYS

• Over and under payment language added.

New Language

ARTICLE 39: VACATION ENTITLEMENT

• Part time employees who reach significant milestone anniversary years (25, 30, 35 ….) now earn supplemental vacation pro-rated based on their hours worked in the previous five years.

New Language

ARTICLE 42 :

SCHEDULING PREFERENCES

• If an employee wishes to use seniority to obtain vacation during Prime Time and the request is denied, the desire to use seniority is no longer counted against the employee.

New Language

ARTICLE 54:

SICK LEAVE ADMINISTRATION

• Improved language regarding the confidentiality of medical information.

Confidentiality 

54.2 Information on an employee’s nature of illness will be confidential unless the employee consents in writing to such release. Information on an employee’s prognosis, work restrictions and/or limitations and expected date of return to work will be shared with CLS. Employees shall not be required to disclose diagnosis information and it is incumbent upon employees to cooperate in providing employment related health information.

New Language

ARTICLE 60: EMPLOYEE BENEFITS PLAN• Massage, physiotherapy, chiropractor – increased to a combined maximum of

$1,200/year. Each of the other paramedical benefits stay the same at $300 per year.

• $20 limit per visit cap has been removed for all paramedical benefits

• Orthotics – Increase from $200 every 2 years to $500 every 2 years

• Eye exams – New benefit providing $50/visit every two years

• Over the counter drug prescription coverage removed (this coverage was rarely used)

• Reduced teeth cleaning units from 16 down to 10 units annually (most people only use around 8 per year)

• Change to recall exams for dentists from 6 to 9 months.

New Language

ARTICLE 66: BEREAVEMENT LEAVE / COMPASSIONATE CARE LEAVE

• Employees who require bereavement leave while on vacation will be considered to be on bereavement leave

• Vacation time not taken as a result of such leave shall be considered as vacation days not taken and rescheduled to a later date.

• Employees may be required to provide satisfactory proof in these situations.

New Language

ARTICLE 67: MATERNITY AND PARENTAL LEAVE

• Maternity Leave may become effective up to twelve weeks immediately preceding the date of delivery. • Included reference to Parental Leave throughout article • Decreased amount of notice required prior to coming back to work from six (6) weeks down to four (4).

New Language

ARTICLE 68: PARENT TO BE

• Increased paid Parental Leave from two (2) days to three (3) days.

• These paid days are now applicable for the adoption of a child.

New Language

ARTICLE 75 - 77: GRIEVANCE PROCEDURE • A variety of changes were made to these articles to streamline the grievance process somewhat. Notable changes are improvements in language related to time lines and the addition of an optional meeting at Step 1 of the grievance process.

• Many other changes are house keeping in nature.

New Language

ARTICLE 80: ENVIRONMENTAL HEALTH AND SAFTEY• Included references to applicable OHS Legislation in Alberta.

Article 80.8

• New language outlining a dispute resolution process for environmental health and safety concerns.

Article 80.9

• Language that requires CLS a policy and procedure to support an employee who has to work alone.

Article 80.10

• Added language requiring education, training and instruction applicable to an employee's position be provided at applicable rates of pay.

Letters of Understanding

Letter of Understanding #1: Rotating Employees

• Renewed

New Language

Letter of Understanding #3: Joint Committee • Renewed - Many items added for discussion

through joint committee:

– Temporary assignment/responsibility pay– Special leave considerations– Administration of sick leave and Absenteeism Management

Policy– Benefit review– In-services– Flexibility in the workplace

New Language

Letter of Understanding #5 : Flexible Spending Account

• Renewed - Language changed to clarify the FSA as a perpetual benefit (that is, it will not expire at the end of the current contract).

New Language

Letter of Understanding #13: Guidelines for Determination of Requirement to Provide an Automobile

• Renewed with new language stating that any requirement to provide a vehicle will be stated in the letter of hire.

New Language

Letter of Understanding #16: Mobility of Employees to Alternate Work Sites

• The contents of this LOU were moved into the main body of the Collective Agreement.

New Language

Last, but certainly not least…

SalariesJuly 1, 2011 – 3%

July 1, 2012 – 3% with a one-time payment of $500 prorated for part-time and casuals

July 1, 2013 – 3 %

Onetime payment of $500.00, pro-rated based on hours worked between July 1, 2011 and June 30, 2012.

WRAP-UP

E ALUATION