Representing Calgary & Cochrane Public Library Workers

Article 1.05 (a) (April 1, 2014 to December 31, 2017 Collective Bargaining Agreement)

The use of volunteers shall not lead to the replacement, transfer, reassignments, or layoff of bargaining unit employees, to a reduction in their hours of work, or to the elimination of positions in the bargaining unit.

What does this mean?

Your union is concerned at the encroachment of volunteers in the workplace. Article 1.05 (a) stipulates that management cannot use volunteers to replace, reduce the hours of our members or even reassign our members to other worksites to accommodate volunteer initiatives.
Moving forward, your union is asking you to be vigilant in reporting to your union any volunteer activities that have previously been the responsibility of bargaining unit members. Examples of activities prohibited by the collective agreement would be; leading conversation groups, facilitating book clubs, leading a story time, checking-in or checking-out library materials, shelving materials, shelf-reading, setting up program rooms, answering patron inquiries, moving grey boxes or furniture, and/or any other operational activities. If you have any questions or concerns, or have witnessed volunteers performing tasks that are the duty of our members, contact your union.


Article 1.05 (b) Purpose and Coverage (April 1, 2014 to December 31, 2017 Collective Bargaining Agreement)

Written statements describing all volunteer contributions shall be provided to the Union; all volunteers will receive statements appropriate to the program(s) in which they participate, to ensure that they are aware of the parameters of their contributions.

What does this mean?

The Calgary Public Library must discuss any new volunteer initiatives with the union. The work of volunteers is invaluable for certain programs but we must always be vigilant that they are not doing your work. For example, they can assist patrons with technology, as in Computer Technology Coaching, but they cannot teach a technology class. Your union counts on you, the front line staff, to inform us of any volunteer initiatives taking place at your location.


Article 1.05 (c) Purpose and Coverage (April 1, 2014 to December 31, 2017 Collective Bargaining Agreement)

Discussion will take place with Union representatives prior to the implementation of any volunteer-based program.

What does this mean?

This clause speaks to your union’s role in the implementation of any new volunteer-based programs. Volunteer Resources must meet with and engage in discussions with representatives of your union prior to the implementation of any new volunteer programs. The purpose of these meetings is to review the proposed volunteer initiative and discuss any concerns your union might have with any aspects of the proposed volunteer program. Historically, your union has agreed to the majority of these proposals with the assurances that the programs do not result in fewer hours for you, our members. Furthermore, that the proposed programs do not duplicate or mirror the work of the members of the bargaining unit. Volunteer initiatives should enhance service delivery to our patrons and not take away the work of the bargaining unit.


Article 2 Term of Agreement (April 1, 2014 to December 31, 2017 Collective Bargaining Agreement)

This Agreement shall be in full force and effect as of April 1, 2014 and continue in full force and effect through December 31, 2017 and from year to year thereafter except as herein after provided.

What does this mean?

All future wage adjustments will be in place on January 1 of each year up to January 1, 2018 at which time your union will again be engaged in contract negotiations on your behalf with the Calgary Public Library Board.


Article 6.0 Grievance Procedure (April 1, 2014 to December 31, 2017 Collective Bargaining Agreement)

6.01 A grievance is a difference between the Employer and the Union or an employee as to the interpretation, application, operation, or contravention of the Collective Agreement. A grievance shall state the facts upon which the grievance is based, the particular clause or clauses of the Collective Agreement that are the subject of the grievance and the remedy requested.

6.04 No grievance shall be considered by either party where circumstances giving rise to such grievance should reasonably have been known more than ten (10) working days prior to the first filing of the grievance. For the submission of grievances as provided herein, “working days” shall be considered as the days on which the Library Administration Offices are open to the public for the transaction of regular business.

What does this mean?

A grievance must be filed with the employer within 10 working days of the date of the infraction. Contact the Union immediately to begin work on the grievance. Additionally, members have asked us to file a grievance after receiving a poor performance evaluation. Unfortunately, performance evaluations are not part of the Collective Bargaining Agreement and therefore cannot be grieved.


Article 6.06 Policy grievance (April 1, 2014 to December 31, 2017 Collective Bargaining Agreement)

A policy grievance involving more than three (3) employees or of general application or interpretation of this Agreement may be instituted by the Union starting at Step 2 of the Grievance Procedure outlined in Clause 6.09(a)

What does this mean?

If your union files a policy grievance, it starts farther along the grievance process than would an individual or group grievance. The initial steps taken by individual or group grievances, of discussions between parties to find common ground and a solution are not necessary in a policy grievance.


Article 6.12 Warnings and Discipline (April 1, 2014 to December 31, 2017 Collective Bargaining Agreement)

(b) When an employee is to receive a verbal warning, the employee shall have the right to have a Union representative present.

(c) When an employee is disciplined and the discipline is to be a matter of record, the employee shall be given written particulars stating the reason for the action and outlining the terms of penalty (where applicable). The employee has the right to have an authorized representative of CUPE Local 1169 present. Management will notify the Union giving forty-eight (48) hours’ notice when an employee is to be disciplined and such discipline is to be a matter of record.

What does this mean?

CUPE Local 1169 members have the right to representation at any disciplinary meeting. PREP meetings are not disciplinary. Your Manager cannot ask you to attend a meeting about your performance without giving you 48 hours’ notice of that meeting. Your Manager is obligated to inform you as to the nature of the meeting and why you are being called in. Human Resources will inform the Union of the meeting and ensure that a CUPE Local 1169 representative will attend; however, you should call the Union office to confirm this. If the meeting is to take place outside of your regular work hours, your Manager must pay you a minimum of 3 hours. CUPE Local 1169 is your Union and will be there for you.


Article 8.02 Discrimination and Personal Harassment (April 1, 2014 to December 31, 2017 Collective Bargaining Agreement)

(a) The Board agrees that no employee shall be subjected to personal harassment. Personal harassment shall be defined as repeated, intentional, offensive comments and/or actions deliberately designed to demean and belittle an individual and/or to cause personal humiliation. This will not prevent Management from disciplining or terminating for cause.

What does this mean?

We should never be subjected to harassment from our managers, our supervisors, or our co-workers. All reports of harassment are taken seriously and will be investigated by the union and Human Resources. This could lead to a mediation meeting involving the member, the union, and HR. The goal of this meeting is to resolve the situation and for all of those involved to agree on a solution. This can be a difficult process for the accuser, but it is the only way to ensure that the harassment is brought into the open and dealt with. Report all such incidents to your union.

(b) The President of Local 1169, or designate, may convene a meeting with the CEO, or designate, to discuss the allegations of personal harassment.

(c) Failing resolution under Section 8.02 (b), particulars may be communicated in writing to the CEO or designate.  The employee shall have recourse to the Board, whose decision shall be final and not subject to grievance.

What does this mean?

The Calgary Public Library has a diverse workforce and we are expected to work together respectfully and professionally.  Harassment is a serious offense and is taken seriously by your union.  If you have been subjected to harassment from a colleague, a supervisor or manager, the union will work toward a resolution.  This investigation will involve your colleagues, your manager, the union and Human Resources.  If the issue cannot be resolved by this meeting, the complaint will be taken to the Calgary Public Library Board.  The Board will determine a resolution and the decision will be final.


Article 9.01 Work Week (April 1, 2014 to December 31, 2017 Collective Bargaining Agreement)

(a) The standard working week for full-time employees shall be thirty-five (35) hours per week made up of (5) days of seven (7) hours each day from Sunday to Saturday.

What does this mean?

Effective January 1, 2015 new members or members starting a new position within the organization can be expected to work Sundays as part of their regular schedule. Prior to this change employees were expected to work on Sundays on a voluntary basis. This change reflects the direction that our organization is heading with a new customer service delivery model, and reflecting societal changes with a preference for greater access to publicly funded services. This change will mean more hours of work for our members, increasing opportunities for advancement and improved access for the general public.


Article 9.01(e) Hours of work (April 1, 2014 to December 31, 2017 Collective Bargaining Agreement)

(e)  Except in emergency situations, written notice of any ongoing change in hours of work or work schedule shall be given to each affected employee.  The Manager or Manager’s designate will provide as much notice as possible, but at least two (2) weeks’ written notice.

What does this mean?

While it would be ideal that our scheduled hours remain stable over time, this is not the reality for most members. Managers or their designates can and do make permanent changes to our hours of work in order to meet the needs of the worksite.  These changes are a response to changes in technology, changes in patron expectations, and escalating management demands.  The one thing that your manager MUST do is notify you, Human Resources, and the union of any change at least two (2) weeks prior to the implementation of that change.


Article 9.01(f) Work Week (April 1, 2014 to December 31, 2017 Collective Bargaining Agreement)

(f) Upon the request of an employee and the mutual consent of their Manager or Manger’s designate, alterations may be approved in the above-defined work week or work schedule for full-time staff or in the hours of work or work schedule for part-time staff. Overtime shall not apply. The Employer will advise the Union at the time the request is made. A decision shall be made as soon as is reasonably possible with written notification for the decision to the Union.

What does this mean?

Any alteration to the work week as defined in Article 9 can only be made with the consent of the employee and their manager. Recently, there have been full-time job postings which have listed Friday and Saturday shifts as being six and one-half (6.5) hours indicating a one-half (1/2) hour unpaid meal break. Your union has been in contact with the Human Resources Department to protest the posting of these shifts and to ensure that all applicants have been informed of their right to a one (1) hour unpaid meal break. A manager can ask if you would be interested in working a shortened meal break, however, you are not obligated nor can you be compelled to agree to a shortened break. The length of your unpaid meal break can be altered only if mutually agreed to by both parties.


Article 9.04 Overtime (b) (April 1, 2014 to December 31, 2017 Collective Bargaining Agreement)

For regular part-time and substitute employees, that take on additional hours at another branch(s) it will be the employee’s responsibility to advise their regular Manager or Manager’s designate and the Manager or Manager’s designate of the other branch(s) of their hours worked in a day and if the additional hours shall exceed seven (7) hours in a day, or thirty-five (35) hours in a week, prior to accepting any additional hours. Overtime must be prior approved by the Manager or Manager’s designate, and will be paid out in accordance with the Collective Agreement.

What does this mean?

Part-time and substitute members are reminded that it is their responsibility to advise managers of extra hours worked outside of their regular or home branch, and have to get approval if the total hours worked in a day (7 hrs) or over the course of the work week (35 hrs) put that member into an overtime pay category. If this is not done, the member is at risk of disciplinary action by the employer. Members are also reminded that they not depend on their timekeeper or supervisor to keep track of their extra shifts as they will not have an idea that the member is working outside their home location.


Article 9.05 (c) (April 1, 2014 to December 31, 2017 Collective Bargaining Agreement)

Effective January 1, 2015, employees who are hired to work Sundays as part of their regular work schedule shall not receive a Sunday premium; however they shall receive two (2) consecutive days off as part of their regular work schedule.

What does this mean?

While your union recognizes management’s right to manage, in this case expanding the regular work week, it was felt that some benefits should be imparted to members working under this new schedule. Shift premiums will no longer apply for workers whose regular work week now includes Sundays. With that in mind, your union’s negotiating committee successfully bargained for the inclusion of a second part to this clause of the collective agreement. This addition means that workers, who are now working Sundays as part of their regular schedule, are entitled to a minimum of two consecutive days off per week.


Article 15.03 Employee Benefits (April 1, 2014 to December 31, 2017 Collective Bargaining Agreement)

All regular part-time employees shall receive a payout in lieu of benefits. These benefits shall include vacation, bereavement and mourner’s leave, government health care, supplementary health care, life insurance, sick leave, and Local Authorities Pension Plan.
(c) All temporary employees shall receive a payout of fourteen percent (14%) in lieu of benefits.

What does this mean?

We need to keep track of the benefits. Every part-time and substitute employee receives 15% to 18% payout in lieu of benefits and leaves of absence including vacation. The amount you receive is based on the number of hours you have worked at the CPL. Your Union worked with Human Resources to have the total hours worked available in HRIS in order for you to know your vacation entitlement and seniority. The CPL no longer prints out pay stubs so don’t forget to log in to HRIS on payday and ensure that your pay is correct.

This means that all part-time and substitute employees receive a percentage of their wage instead of paid vacation, health care, and pension.  The percentage paid is determined by the employee’s hours of service.


Article 15.04 Sick Leave (April 1, 2014 to December 31, 2017 Collective Bargaining Agreement)

The purpose of the sick leave benefit as described in Clause 15.04 is to provide a defined benefit to a full-time employee who, by reason of sickness or disability, which is not WCB commensurable, is unable to perform the duties of their job.

What does this mean?

This article refers to sick leave accumulated by full-time staff. Part-time and substitute staff receive a payout in lieu of sick leave. Full-time staff accrue sick leave based on the number of hours worked as shown on your pay stubs. This clause does not cover an injury or illness sustained at work and covered by the Workers’ Compensation Board (WCB). If injured at work, it is vital that you complete a First Aid form as a record of the injury.


Article 19.01 (e) Vacancies, Promotions and Staff Changes (April 1, 2014 to December 31, 2017 Collective Bargaining Agreement)

Qualifications and requirements shall be those necessary to perform the job function and may not be established in an arbitrary or discriminatory manner. Such vacancies and new positions shall be filled from the staff of the bargaining unit, provided that the applicant can perform all the duties of the job and has seniority as per clause 19.02.

What does this mean?

Positions at the Calgary Public Library cannot be awarded without a fair competition. This means that if any employee who meets the required education and skills is entitled to an opportunity to compete for the position. If a suitable candidate is not found after the competition is complete an external candidate can be considered. Contact your union if you were not given an opportunity for a position that you were qualified for.


Article 22.01 Health and Safety Committee (April 1, 2014 to December 31, 2017 Collective Bargaining Agreement)

The Joint Health and Safety Committee shall be comprised of equal number of Employer and Union representatives. Union members shall be appointed by the Union to serve as representatives on the Joint Health and Safety Committee. One (1) of the Union representatives shall be appointed co-chair for the Committee. The Joint Health and Safety Committee shall identify health and safety problems in the workplace and recommend solutions. The Joint Health and Safety Committee shall hold regularly scheduled meetings at least five (5) times in each calendar year.

What does this mean?

The JHSC has the responsibility to work together to identify and recommend solutions to worksite health and safety problems. This committee plays a critical role in providing effective communication between the workers and management. Employers and workers each have a responsibility to ensure workers are safe when they are at the worksite, inclusive of meeting all applicable legislation.

This committee does not make policy, rather, the recommendations and suggestions that originate from the committee are given careful consideration and when a critical concern has been identified an investigation will determine the best course of action.

JHSC minutes are posted on SharePoint and each employee is encouraged to avail themselves to what this committee is working on at any given time. Further responsibilities of the committee are to: identify unhealthy or unsafe environments; recommend corrective action; and ensure health and safety education programs are established and maintained.

It is important to be aware that every supervisor and manager is legally obligated to take reasonable steps to ensure health and safety for employees for whom they are directly responsible.