Master Agreement Between the Government of the Province of Alberta and the Alberta Union of Provincial Employees

Article 4

Application

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:
(a) failure to comply with the terms and conditions of the Apprenticeship and Industry Training Act and/or regulations, or
(b) lack of appropriate work, or
(c) the unavailability of tradesmen positions upon completion of the apprenticeship program;
(c) hired for wage employment, except that the following shall not apply:
(i) Article 15  Position Abolishment
(ii) Clause 17.04  Compensatory Time Off
(iii) Article 23  Workers' Compensation Supplement
(iv) Article 29  In the case of termination of employment
(v) Article 31  Casual Illness
(vi) Article 32  General Illness
(vii) Article 33A  Long Term Disability
(viii) Article 34  Health Plan Benefits and Dental Plan
(ix) Clause 35.01  Group Life, Accidental Death and Dismemberment, Dependent's Life
(x) Article 36  Paid Holidays
(xi) Article 37  Annual Vacation Leave
(xii) Article 38  Special Leave
(xiii) Article 39 Military Leave
(xiv) Article 40  Adoption/Parental Leave
(xv) Article 40A  Maternity Leave
(xvi) 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(c).
4.03 Notwithstanding Sub-Clause 4.02(c), an Employee hired for wage employment shall in lieu of receiving:
(a) paid holidays pursuant to Article 36, be allowed, in addition to his regular wage earnings, pay at 5.2% of his regular wage earnings, and for working on a paid holiday, pay at time and one-half his regular hourly rate for all hours worked up to the equivalent of full normal daily hours and double time thereafter; and
(b) annual vacation leave pursuant to Article 37, be allowed in addition to his regular wage earnings, pay at 6% of his 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 his regular wage earnings, pay at 1% of his regular wage earnings.
This Clause shall cease to apply to an Employee who has incurred a break in service for a period in excess of ninety (90) calendar days, and thereafter 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.
4.05 (a) 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 his employment is to be terminated.
(b) If the terminated Employee is rehired for wage employment with the same Department and qualifies pursuant to Sub-Clause 4.05(a), the provisions of Sub-Clause 4.05(a) shall then apply.
(c) If the terminated Employee does not qualify pursuant to Sub-Clause 4.05(a) upon rehire but qualifies pursuant to Clause 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.
4.06 Except as otherwise specified in this Collective Agreement, there shall be no pyramiding of leaves or benefits or other entitlements.

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Article
No.

Article Title

Preamble
1 Definitions
2 Terms of Employment
3 Master/Subsidiary Agreements
4 Application
5 Management Recognition
6 Union Recognition
7 Legislation and the Collective Agreement
8 Union Membership and Dues Check-Off
9 Employer-Union Relations
10 Employer-Employee Relations
11 Time Off for Union Business
12 Lay-Off and Recall
13 Attendance
14 Acting Incumbent
15 Position Abolishment
16 Hours of Work
17 Overtime
18 Shift Differential
18A Weekend Premium
19 Call Back Pay
20 Reporting Pay
21 Standby Pay
22 Northern Allowance Pay
23 Workers' Compensation Supplement
24 Forest Fire Operations, Flood Control and Pollution Control
25 Correctional Institution Salary Allowance
26 Authorized Expenses
27 Probationary Employee and Period
28 Disciplinary Action
29 Grievance Procedure
30 Institutional Fire Prevention and Control
31 Casual Illness
32 General Illness
33 Proof of Illness
33A Long Term Disability (LTD)
34 Health Plan Benefits
35 Insurance
36 Paid Holidays
36A Christmas Closure
37 Annual Vacation Leave
38 Special Leave 
39 Military Leave
40 Adoption/Parental Leave
40A Maternity Leave
41 Court Leave
42 Employment Insurance Premium Reduction
43 Safety and Health
44 Parking
45 Rates of Pay
46 Leave Without Pay
47 Term and Effective Date
48 Printing of Agreements
49 Employee Benefits Committee
50 Harassment and Discrimination
Supplement I - Institution Fire Prevention and Control Fire Fighters - Schedule of Remuneration
Supplement II - Modified or Flexible Hours of Work
Addendum I
Addendum II
Letter of Understanding #1 - Terms of Reference Article 49 - Employee Benefits Committee
Letter of Understanding #2 - Employment Standards Code, Scheme of Employment Covering the Master and Subsidiary Agreements
Letter of Understanding #3 - Separation Payment for Restructuring
Schedule - Separation Payment
Standard Separation Payment for Restructuring Termination Agreement for Bargaining Unit Employees
Letter of Understanding #4 - Separation for Temporary Employees and 2850 Hour Wage Employees
Standard Separation for Temporary and 2850 Hour Wage Bargaining Unit Employees Termination Agreement
Letter of Understanding #5 - Payout of Annual Vacation
Letter of Understanding #6 - 6 and 3 Work Schedules
Letter of Understanding #7 - Health Spending Account
Letter of Understanding #8 - Paid Up Life Insurance
Letter of Understanding #9 - Legal Fees
Letter of Understanding #10 - Legal Indemnification
Letter of Understanding #11 - Northern Trips
Letter of Understanding #12 - Northern Leave
Letter of Understanding #13 - Attraction Bonus
Letter of Understanding #14 - 55th to 57th Parallel Retention Allowance
Letter of Intent #1 - Employee Relations Committees
   
Note: The following Letters do not form part of the Master Agreement but are included here for  information purposes only.
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