Representing Calgary & Cochrane Public Library Workers

Article 1.01 Purpose and Coverage (April 1, 2011 to March 31, 2014 Collective Agreement)

The Union recognizes that it is the function of the Board to exercise the regular and customary functions of Management and to direct the working force of the Library System subject however to the terms of the Agreement.

Article 1.02 Purpose and Coverage (April 1, 2011 to March 31, 2014 Collective Agreement)

The purpose of the Agreement is to stipulate the rates of pay and the working conditions of those employees of the Board whose bargaining rights are held by the Union as provided within the scope of the Certification.

What does this mean?

Your Collective Agreement (CA) and the terms within have been negotiated on your behalf by individuals duly elected by the membership to be their representatives. The CA reflects agreements that regulate working conditions. The CA also sets out wage scales, working hours, training, health and safety, overtime, grievance protocols and the right to participate in workplace and organizational affairs. In addition, while management has the right to manage the workplace as per Section 150 of the Labour Relations Code for the Province of Alberta, your CA is a legally binding contract between the Calgary Public Library Board and CUPE Local 1169, wherein both parties have agreed to specific processes in regards to workplace management. Section 150 of the Labour Relations Code states, Nothing in this Act detracts from or interferes with the right of an employer to suspend, transfer or lay off employees, or to discharge employees for proper and sufficient cause. (1988 cL-1.2 s148).


Article 1.01 Purpose and Coverage and Article 7.12 Grievance Procedure, Warnings and Discipline (April 1, 2011 to March 31, 2014 Collective Agreement)

The Union recognizes that it is the function of the Board to exercise the regular and customary functions of Management and to direct the working force of the Library System subject however to the terms of the Agreement. Article 7.12 Warnings and Discipline (a) No employee shall be disciplined or discharged except with cause.

What does this mean?

Article 1 clearly recognizes that management has the right to manage or make decisions to operate the organization in a fashion that they determine so long as it does not violate the terms of the collective agreement. Article 7 means that management can terminate employees if they have just cause.
In recent court decision, the British Columbia Labour Relations Board held that an employer had just cause to dismiss two employees who had, while off-duty, posted derogatory comments about their employer and co-workers on their respective Facebook pages. Re Lougheed Importer Ltd., BCLRB No. B190/2010 sets precedence for all future cases of this nature. In light of this, CUPE 1169 would like to bring the key points of the decision to the attention of its members.

An employer can use this decision to argue the accepted principle that discipline, including termination, can be a consequence where an employee engages in off-duty conduct that detrimentally affects the employer’s reputation or inhibits the ability of the employer to effectively manage the workplace. As such, even where an employee is posting comments to his own private Facebook account, using his own computer on his own time, the nature of the comments could well turn into a workplace issue. In this decision it states that employees do not have an expectation of privacy in making derogatory comments because the comments are visible and accessible to the employer, and current and/or former employees. A Facebook comment is identical to it being made directly at work. The Board ruled that the terminations were justified as they damaged the reputation of the employer and created a poisoned work environment.

Since management has the right to manage and can terminate employees with just cause, CUPE 1169 advises their members NOT to post anything on Facebook that could be considered or misconstrued as derogatory about their employer, their workplace or their co-workers.


Article 1.05 (a) (April 1, 2014 to December 31, 2017 Collective 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 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 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 1.06 (b) & (c) Definitions (April 1, 2011 to March 31, 2014 Collective Agreement)

Regular part-time employee means an employee who has been hired to fill a regular part-time position and regularly scheduled for fewer than thirty-five (35) hours per week, for an indefinite period of time. And (c) substitute employee means an employee who has been hired to work on an on-call basis, for an indefinite period of time.

What does this mean?

Managers cannot regularly schedule a substitute employee for the same hours on a regular basis and the substitute employee does not have to agree to be available for any defined hours. On call means that when you are called you have the choice to accept or decline a shift. If any substitute employee has been asked to work a shift on a regular basis or your manager insists that you be available at certain times, please contact the union office.

Being a substitute or an on-call employee means you will have a floating schedule. You could work 10 to 2 one day, 1 to 9 the next, then have no hours for several days or even weeks. You have a nonlinear time schedule. Occasionally you may work more hours than a regular part-time employee as they have signed a contract of employment with the CPL which locks them into a defined schedule of shifts. When a work site is short-handed due to vacations, illness, and/or other absences you will be called to fill a specific shift. While you are not required to work a minimum number of shifts it is your responsibility to ensure you have enough shifts to maintain the required performance benchmark for your job classification. Also, it is your responsibility to provide your home and other work sites your contact information and availability. You are employed by the CPL, not your home work site and as a substitute you have the flexibility to work at any of the branches or departments that may require coverage.

As a substitute, you will be expected to assume all duties and responsibilities of the individual you are covering for or be expected to fulfill specific tasks as assigned. You will maintain effective working relationships with your colleagues and provide courteous and tactful public service. You will be familiar with and follow all the CPL’s policies and procedures and work within the guidelines of the CPL’s Standards of Conduct handbook.


Article 2 Term of Agreement (April 1, 2014 to December 31, 2017 Collective 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 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 6.03 (b)  New Employees (April 1, 2011 to March 31, 2014 Collective Agreement)

In order to acquaint new in-scope employees with the business and duties of Union membership, within the first six (6) months of employment, an employee designated by the Union for each location may meet for one-half (1/2) hour with each new employee from that location. The Union shall provide the employer with a list of the designates.

What does this mean?

In many branches the union has assigned a Communicator to pass on information from the Union Executive to union members. The Union Executive has informed management as to who these employees are. When a new employee has joined the library it is the duty of the Communicator to arrange with their manager to spend 30 minutes informing the new employee about collective bargaining, reviewing the collective agreement and the Welcome to CUPE package, stating when and where union meetings are held and who are the Union Executive. The Communicator also reviews Local 1169’s website, newsletter and the branch union bulletin board. The Communicator then informs the Chief Steward that the meeting has taken place.
If you are a new employee, you are entitled to this meeting. If you have not had the opportunity to participate in a meeting of this nature, find out who your Communicator is and ask them to arrange for this meeting. If your branch does not have a Communicator, please contact the President or Chief Steward and a meeting will be arranged.


Article 6.05 (April 1, 2011 to March 31, 2014 Collective Agreement)

Employees need to provide the Human Resources Office, in confidence, with their current address, phone number, and other information the employer is required by law to maintain. They also require a name, address and telephone number of a person who can be contacted in the case of an emergency.

What does this mean?

If you have recently moved or if your living situation has changed, or your personal email address has changed, and/or your emergency contacts are no longer valid, it is your responsibility and obligation to inform your employer about these changes.


Article 6.06 Policy grievance (April 1, 2014 to December 31, 2017 Collective 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 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 7.12: Warnings and Discipline (April 1, 2011 to March 31, 2014 Collective Agreement)

(b) When an employee is to receive a verbal warning (or when an employee is being disciplined and given a written letter of discipline which will be placed on the employee’s personnel file) the employee shall have the right to have a union representative present.

Daunine Rachert, notes that these rights are called “substantive rights” which are significant rights for both employees and Unions. Recent labour arbitration cases in Alberta and other provinces have awarded monetary damages to both employees and Unions when the arbitrators have found that these substantive rights were breached by the employer. By awarding damages the cases recognized that the employer’s rights were protected.

What does this mean?

If a supervisor or manager requests a meeting with you which appears disciplinary in nature, you have the right to have a steward or union representative with you.


Article 7.12 Warnings and Disciplines (April 1, 2011 to March 31, 2014 Collective Agreement)

No employee shall be disciplined or discharged except with cause.

What does this mean?

When union workers are disciplined, management has the burden of proof. Workers do not have to prove that they didn’t do something. Rather, management has to prove that they did it. Discipline should be progressive, corrective, and for just cause.

As employees working in a customer service sector staff of both the Nan Boothby and the Calgary Public Library must at all times be aware that it is management’s right to address customer complaints with the identified employee and it falls within management’s rights to determine what if any disciplinary action may be taken. Employees of both the Cochrane and Calgary Public Library Boards are expected at all times to present a positive and supportive environment to all customers regardless of their personal opinions.


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

8.02  Personal Harassment

(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 Discrimination and Personal Harassment (April 1, 2011 to March 31, 2014 Collective Agreement)

(a) The Board and the Union agree that there shall be no discrimination exercised or practiced with respect to any employee in accordance with the Alberta Human Rights, Citizenship and Multiculturalism Act, nor by reason of her membership or activity in the Union.

What does this mean?

As this article is in the collective agreement the union can assist its members if they feel that an act of discrimination has been committed towards them. The Alberta Human Rights, Citizenship and Multiculturalism Act prohibits discrimination based on the protected grounds of race, colour, ancestry, place of origin, religious beliefs, gender, age, physical disability, mental disability, marital status, family status, source of income and sexual orientation. Discrimination, as such, does not include bullying or an abuse of power or perceived power towards a member who is not covered by the protected grounds. To protect its members CUPE Local 1169 has included article 9.02 in the collective agreement to protect against personal harassment, defined as repeated, intentional, offensive comments and/or actions deliberately designed to demean and belittle an individual and/or to cause personal humiliation. There is a difference between discrimination and personal harassment and your union is there to help you if you feel you have been exposed to either practice.


Article 9.01 Work Week (April 1, 2014 to December 31, 2017 Collective 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 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 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 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 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 10 of Collective Agreement with Cochrane Public Library Board – Discharge, Suspension, and Discipline. 10.01 Progressive Discipline (January 1, 2012 to December 31, 2014 Collective Agreement)

The value of progressive discipline with the aim of being corrective in application is recognized by both parties. Therefore except in extreme cases, discipline or discharge should be preceded by a documented record of counseling, warnings (written or oral) and/or suspensions. It is further recognized that to achieve this purpose, the Union Representative may be present, at the employee’s request, at all disciplinary meetings and be copied on all disciplinary notations. Corrective: the goal of discipline is to correct the worker’s behaviour, not just to punish.

What does this mean?

Management should be fair and objective when they investigate actions that may be deemed disciplinary. For example, did their investigation show substantial evidence or proof of guilt? Unlike a criminal court, management does not have to prove their case “beyond a reasonable doubt”. Management cannot compel a worker to prove they are innocent. Management must however have proof of their guilt.

Generally the discipline will consider how serious the situation is and the worker’s past record. A worker with a good work history, seniority, and no record of problems will likely get a lesser degree of discipline than a worker with a work record that confirms disciplinary issues.


Article 10.01 (e) Hours of Work, Change of Schedule (April 1, 2011 to March 31, 2014 Collective Agreement)

Except in emergency situations, written notice of any on-going change in hours of work or work schedule shall be given to each affected employee. The designated supervisor will provide as much notice as possible,but at least two (2) weeks’ written notice.

What does this mean?

You must be given two weeks written notice for a change in your schedule unless it is an emergency situation.


Article 10.02 Hours of Work, Rest Periods (April 1, 2011 to March 31, 2014 Collective Agreement)

(a) All employees shall be allowed an unpaid meal break, normally of one (1) hour, during each shift of not less than seven (7) hours, at which time they shall not be required to remain on the premises.

(b) All employees shall be permitted a paid rest period as follows:
(i) 15 minutes in each shift of up to 3 1/2 hours; or (ii) 25 minutes in each shift of more than 3 1/2 and up to 5 hours; or (iii) 30 minutes in each shift of more than 5 hours. It is understood that service to the public shall be maintained.

What does this mean?

(a) It means that if you are working a 7 hour shift, you are entitled to an hour break for lunch/dinner. You are not paid for this break. You can leave the building as this is your own time.
(b) It means that you are entitled to a break during your shift for the purposes of resting. Different lengths of shifts get different lengths of breaks.
(i) If you are working a shift 3 to 3 ½ hrs, you are entitled to a 15 minute paid break. If you are working 7 hours this is essentially two 3 ½ hour shifts. You are entitled to two 15 minute paid breaks.
(ii) If you are working a shift between 3 ½ to 5 hrs, you are entitled to a 25 minute paid rest break.
(iii) If you work between 5 and 7 hrs, you are entitled to a 30 minute paid rest break, generally taken as two 15 minute breaks which can be scheduled.

Rest periods are paid breaks. This means you are still working for the employer and are not to leave the premises without expressed permission. If you must leave the building for a smoke break you are require to be a minimum of 5 metres away from any access doors (so approximately 10 feet). Please be courteous to your colleagues and do NOT block access to staff entrances. Rest periods are not intended to extend lunch/dinner breaks or to allow the employee to leave their shift early. You cannot accumulate or save your rest periods.

It is understood that service to the public shall be maintained. This means that in the event that taking a rest period would prevent optimum service to the public, you might not get your break at the time normally scheduled, however you are still entitled to a break during your shift. Flexibility, communication and common sense should always be applied.
Employees are entitled to their rest periods regardless of staffing issues. Management cannot refuse a rest period or add it onto another shift. Rest periods have been negotiated and are timed for optimum health and safety for the employees.

For clarification you cannot be scheduled for a 2 or 2.5 hour shift. A minimum you can be scheduled for is 3 hours and as such you are entitled to a 15 minute rest period. Also staff cannot be directed or compelled to stay beyond their paid shift for any reason. Leaving “together” for safety reasons is NOT mandatory and unless there is assigned staff parking, pointless. At the end of a shift your time is your own and you may freely leave the work site.

Your unpaid meal break does not have to be taken on the employer’s property nor are you required to seek permission to have your meal elsewhere. It does mean however that your unpaid meal break is only one hour in duration and does not allow you the opportunity to add extra time for travel to and from an offsite location. Your meal break is inclusive of the time taken to participate in a meal and be back to work, not reentering the worksite at the conclusion of your one hour break.

Your breaks can be scheduled by your Manager or Supervisor and you can be expected to take your breaks at predetermined times. If you are a smoker you are not allowed to take intermittent smoke breaks throughout your shift but must abide by the Collective Agreement and the schedule as established by your work site. Breaks cannot be saved and added onto your unpaid meal breaks nor saved and attached to the end of your shifts. Furthermore, while it is understood that service to the public shall be maintained your rest period must be taken during the shift you are working and cannot be moved to another shift or day.


Article 10.04 and 10.06 Overtime (April 1, 2011 to March 31, 2014 Collective Agreement)

10.04 Overtime authorized by the appropriate Section, Branch or Department Manager, will be paid at the rate of time and a half (X 1.5) for all hours worked in excess of the regular hours of work.

10.06 Instead of cash payment for overtime, an employee may choose to receive time off at the appropriate overtime rate. The employee must designate at the time of working her choice of cash or lieu time. The taking of lieu time off is to be mutually agreed between the employee and the applicable Section, Branch or Department Manager. An employee will not be permitted to accumulate more than ten (10) working days of time off. Any unused time will be paid out prior to December 31 of that year.

What does this mean?

Any employee (including part-time and substitute employees) who works more than 35 hours in a given week, is entitled to be paid 1.5 X their hourly rate for all hours in excess of 35 hours. If an employee has completed 35 hours and is called in for extra time, the minimum shift is 3 hours at 1.5 X their regular rate of pay. If the approved overtime is an extension of a shift they are already working they will just be paid 1.5 X for the hours in excess of 35 hours. Overtime is not mandatory. Every employee has the right to refuse overtime hours.

If you are a full-time employee and you indicate a preference to be paid out for overtime, those monies are considered basic pay and as such do not count towards your pension and are taxable above your regular pay. If an employee does not wish to be paid for overtime because the money will be subject to tax, they can take the equivalent amount of time off (1.5 X hours) in lieu of payment. The exception to this is when an employee works a statutory holiday and wishes to take time in lieu of holiday pay then they are paid straight time off.

All time off in lieu must be approved by your manager. An employee cannot accumulate more than 10 days (70 hours) of time off in lieu of payment for overtime. All time off must be taken before the end of that year.

It is the employees choice to ask to be paid for overtime worked or to receive time off in lieu (x1.5). Time off cannot be given as straight time. Taking time off in lieu must be agreed to by both parties. Lieu time cannot be banked beyond ten working days.

Employees must be mindful that it is their responsibility to ensure that the correct information on hours worked is provided to the worksite scheduler. Members must not agree to shift overtime hours to a different reporting period, just to avoid being paid overtime.

If you are a substitute or regular part-timer who accepts extra hours, it is your responsibility to keep track of your hours and not to work more than 35 hours a week. The only exception is if you are authorised by the appropriate Section, Branch or Department Manager. If you are not authorised to work more than the maximum allowed regular hours, you are not entitled to be paid at an overtime rate. In addition, if you are asked to work more than 35 hours in the standard working week by a scheduler, Section, Branch or Department Manager with direction to modify your work schedule the following pay period, both you and the individual who gave the direction to modify your work schedule for the following pay period will be in violation of the Collective Agreement, which is a legally binding contract.

Under the Province of Alberta Employment Standards Code the following applies: Division 4, Overtime and Overtime Pay section 21, Overtime hours in respect of a work week are: (a) the total of an employee’s hours of work in excess of eight on each work day in the work week, or (b) an employee’s hours of work in excess of 44 hours in the work week, whichever is greater, and, if the hours in clauses (a) and (b) are the same, the overtime hours are those common hours. (1996 cE-10.3 s21)


Article 10.01 and 10.05 Work Week Sundays (April 1, 2011 to March 31, 2014 Collective Agreement)

10.01 (a) The standard working week for full-time employees shall be thirty-five hours per week made up of five days of seven hours each day from Monday to Saturday. Sunday work will be on a voluntary basis.
10.05 Employees who work Sundays shall work no more than every other Sunday, except when i.) an employee volunteers to work more than every other Sunday; or ii.) operational needs require an employee to work more than every other Sunday.

What does this mean?

Sunday hours are available to bargaining unit staff from September until May of each year. Management considers these hours to be substitute hours and therefore staff are not required to take regular shifts. Sunday work is to be on a voluntary basis. If full-time staff work on a Sunday those hours are considered outside of the regular hours of work and are compensated at the overtime rate of time and a half (x1.5). Part-time and substitute staff cannot be requested to work every Sunday, unless they volunteer to do so. Operational needs can be filled by any qualified staff member system wide. If there are no qualified system wide staff available then a staff member may need to work, more than every other Sunday in a specified location. Operational needs requiring staff to work more than every other Sunday should not be on a permanent basis. For clarification staff must not be confused into thinking if they work Sunday it is a straight trade for a day off to stay within the 35 hour a week maximum.


Article 10.05 (b) (April 1, 2011 to March 31, 2014 Collective Agreement)

Employees who work Sundays shall receive their regular rate of pay for hours worked, plus a Sunday premium of $0.85 per hour.

What does this mean?

The Collective Agreement is very clear that employees who work Sundays shall receive their regular rate of pay for hours worked, plus a Sunday premium of $0.85 per hour. According to the Government of Alberta Employment Standards the hourly wage is considered the salary component also referred to as the rate of pay.

In recent awards on shift premiums arbitrators, by distinguishing between the purpose of paying premiums or shift differentials, have concluded premiums are paid for requiring employees to work hours which most employees would prefer to have for their own leisure. However, while recognizing an employee’s right to claim payment for statutory holiday pay and a shift premium for the same hours those must be hours that have been worked.

The importance of text is very evident in those cases dealing with the computational question of whether, in calculating the premium for hours worked on a Sunday the determination should be made on the employees’ normal hourly rate or on that hourly rate plus any premium payable for such weekend work. When an employee’s shift and a statutory holiday fall on the same day the language of the agreement is also usually determinative as to whether he or she ought to be entitled to compute the premium on top of his or her regular rate of pay. This computation is referred to as pyramiding.

Arbitrators have decided whether employees are entitled to claim holiday pay and some other benefit simultaneously for the same hours, as they do for all questions about pyramiding, on the basis of the language of the agreement and the purpose served by the relevant payments.

Employees must be mindful that it is their responsibility to ensure that the correct information on hours worked is provided to the schedulers at their worksite as no automated system is guaranteed to function minus the occurrence of error.


Article 11.01 – Holidays (April 1, 2011 to March 31, 2014 Collective Agreement)

(a) The following shall be considered paid holidays: New Year’s Day, Alberta Family Day, Good Friday, Victoria Day, Canada Day, 1st Monday in August, Labour Day, Thanksgiving Day, Remembrance Day, Christmas Day, Boxing Day and all general holidays proclaimed by the City of Calgary, the Province of Alberta and/or the Government of Canada.

(b) In addition to the foregoing “Paid Holidays” Full-time Employees who are in the employ of the Employer on April 1st of each year shall be granted an additional “floater” holiday. The “floater” holiday shall be taken at a time to be mutually agreed upon by the Employer and the Employee between April 1st and March 31st of the entitlement year. Any floater holidays not taken within the entitlement year will be paid out.

(c) Although not to be considered as legal holidays, the Board shall continue the existing policy and practice as reflected hereunder: on both Christmas Eve and New Year’s Eve the library shall close at 4:00p.m.

What does this mean?

With the previous contract, Easter Monday was considered a paid holiday. With the current collective agreement, Easter Monday is no longer considered a paid holiday and the library will be open as usual. Full-time employees will work and be paid their regular rate of pay on Easter Monday AND be given an additional paid day off. This “floater” day will be mutually agreed upon by the employee and their manager. If the full-time employee does not take the “floater” day within the year, they will be paid out for that day at their regular pay rate. All regular part-time and substitute employees please refer to Article 16.03.

On Christmas Eve (December 24) and on New Year’s Eve (December 31) all employees will be scheduled to work from 9 – 4 pm if they are full time and if they are part-time, will put in the number of hours they would have worked before 4 pm.

The “floater” holiday cannot be carried forward beyond March 31. If you are unsure of the status of this “floater” holiday contact the Human Resources department. You may use this day independently as a standalone or combined with other holidays you are given leave to take between April 1 through March 31 of the following year. If you do not take the “floater” holiday you will be paid out and this “floater” then becomes a taxable benefit that is not pensionable.


Article 12.01 (a) Vacation for Full-time Employees (April 1, 2011 to March 31, 2014 Collective Agreement)

Full-time non-professional employees shall have earned vacation on the following basis:
After 1 year’s service…2 weeks or 70 hours per year
After 2 years’ service…3 weeks or 105 hours per year
After 8 years’ service…4 weeks or 140 hours per year
After 15 years’ service…5 weeks or 175 hours per year
After 25 years’ service…6 weeks or 210 hours per year

What does this mean?

Your new Collective Agreement has reduced the number of years you are required to work to be eligible for five (5) weeks vacation from 18 years to 15 years.


Article 13 Vacation for Regular Part-time employees (April 1, 2011 to March 31, 2014 Collective Agreement)

Part-time and substitute employees are entitled to vacation time. They receive a pay out in lieu of paid benefits which is reflected on their bi-weekly pay cheque. Eligible vacation time is determined by length of service. Vacation approval involves both Management and employees by determining a time that works for the employee, their work unit, and Management. Should a scheduling conflict occur the following factors will be taken into account: the order of vacation request receipt; rotation of popular periods of time among staff, and seniority.


Articles 14.01(a) & 14.02 Leaves of Absence (April 1, 2011 to March 31, 2014 Collective Agreement)

Procedure – All applications for leave of absence pursuant to clauses 14.02 and 14.03 shall be submitted in writing by the employee to her Section, Branch or Department Manager. The Manager will forward the application through her Manager or Head to the Human Resources Department, who will forward the request to the Director (or designate).

General Leave – The Director, or designate may grant leave of absence to an employee should application for such leave be made. Should an employee be granted leave of absence during any period of probation, such probationary period shall be suspended during the leave and shall resume when the employee returns to work.

What does this mean?

This means that any employee who wishes to apply for a leave of absence MUST FIRST put the request in writing and MUST FIRST, receive the approval of their unit Manager, before doing anything else. Do not assume that the request will automatically be approved. Until such time as the employee receives the CEO’s decision they should not make any arrangements to take such leave, as such arrangements may need to be cancelled (at the employee’s expense).

Other things to consider if you are thinking of applying for a leave of absence are; one, remember probation is based on hours worked, so time away while on leave will impact on the accumulation of hours needed to end probation and two, during a short leave of absence the employee will be required to pay their share of any benefits’ premiums. If the leave of absence is more than 30 days the employee will pay both the employer’s share and their own share of the benefit premiums.


Article 14.04 Bereavement and Mourner’s Leave (April 1, 2011 to March 31, 2014 Collective Agreement)

(a) Leave of absence in order to carry out responsibilities incurred by the death of a relative will be permitted at the discretion of the Director, or designate. For this purpose a relative shall be defined as mother, father, brother, sister, wife, husband, common-law spouse, spouse equivalent, child or foster child, guardian, mother-in-law or father-in-law and grandparent or grandchild of the employee.
(c) In addition to the above specified day’s leave with pay, two (2) days’ leave without pay shall be granted upon request. Additional time as is reasonably necessary may be granted as leave without pay, with the proviso that all applications for such extensions must be submitted at the time of the original request unless extenuating circumstances justify otherwise.

What does this mean?

Article 14.04 (a) is very clear on what is the definition of a relative. While it is understood that members will have close, loving relationships with other extended family members, requests that are outside of the definition of relative, will not be granted. Leave will not be granted for step-siblings, step-parents, step-grandparents, uncles, aunties, ex-marital partners, friends, or family pets.


Article 15.03 Employee Benefits (April 1, 2014 to December 31, 2017 Collective 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 16.04 (d) Sick Leave Extension (April 1, 2011 to March 31, 2014 Collective Agreement)

An employee with more than one (1) year of service who has exhausted her sick leave credits shall be allowed an extension of her sick leave to a maximum of ten (10) working days. Upon return to duty, the employee shall repay the extension of sick leave in full at the rate of one day per month. No employee shall have her services terminated by virtue of having exhausted her sick leave credits. An employee shall not remain in a deficit position with respect to sick leave credits for longer than twelve (12) consecutive months. In such instances, the un-repaid days will be deducted as leave without pay. The deduction will be spread over a maximum of five (5) pay periods.

What does this mean?

When an employee uses all of their sick leave, then the library will grant them up to ten days paid extension. However, these ten days must be paid back. In order to minimize financial hardship on the employee, the pay back can be spread out as described. When an employee has used all of their sick leave, including the Sick Leave Extension, then they can apply to the Sick Leave Bank (see Article 16.05). The Sick Leave Bank is available to all full-time employees who have completed their probationary period and have been approved by the Sick Leave Bank Committee. An employee who has applied for benefits from the Sick Leave Bank can withdraw days from the Bank up to a maximum of twenty-five working days at a time. If the employee needs more time, then subsequent applications may be made, to a total maximum of eighty-five working days for the same or related causes.


Article 16.04 (e) Sick Leave Illness in the Family (April 1, 2011 to March 31, 2014 Collective Agreement)

Where no one at home other than the employee can provide for the needs during illness of an immediate member of her family as defined in clause 14.04 (a) and (b) an employee shall be entitled, after notifying her supervisor, to use in each calendar year a maximum of five (5) days of her accumulated sick leave for the member of the family who is ill. Clauses 16.04 (d) and 16.05 do not apply to illness in the family. In extraordinary circumstances additional leave may be granted at the discretion of the CEO, or designate.

What does this mean?

Full time union members, who have an immediate family member who is ill and requires their care, may take up to five days of their accumulated sick leave to care for that family member, as defined in Article 14.04 (a). As a full time employee you are entitled to this leave. If you are or have been told by your Manager that you are not allowed leave for family illness, or have received negative feedback regarding your accessing your accumulated sick leave for illness in the family, contact your union. Leave for family illness is guaranteed within your collective agreement and a negotiated benefit for your use without negative consequences.


Article 16.07 Pension Plan (April 1, 2011 to March 31, 2014 Collective Agreement)

The Calgary Public Library Board acknowledges that the Canadian Union of Public Employees Local 1169 are members of the Local Authorities Pension Plan in the Province of Alberta and come under the terms of reference of the Plan in accordance with the rules and regulations as set forth in the Local Authorities Pension Act.

Article 16.08 Pre-retirement Counseling (April 1, 2011 to March 31, 2014 Collective Agreement)

Prior to normal or planned retirement, the Board shall make a one-time contribution of up to one hundred dollars ($100.00) towards the reasonable expense which an employee incurs for an authorized pre-retirement counselling program.

What does this mean?

Full-time Calgary Public Library employees, who are eligible, are automatically enrolled in the Local Authorities Pension Plan (LAPP). A monthly contribution, calculated on the employee’s earnings, is deducted from the employees pay check. The employer pays half of the monthly contribution and the employee pays the other half. LAPP is a defined benefit pension plan which guarantees the retired employee, a specific amount, for life, upon retirement. The amount is calculated using an average taken from the employee’s highest five years of earnings, at the time of retirement. Plan participants can retire and are entitled to receive his/her pension when their years of service plus their age total 85. If their years of service and their age does not total 85 you will then receive a pension that is reduced. To determine what these calculations will be, log onto the LAPP website.

If you have years of pensionable service with LAPP from another organization you can transfer them to CPL when you become an employee. If you leave CPL and work for an organization that is also enrolled in LAPP you can transfer your years of service to that organization. If you leave the plan before you retire you must roll over the amount in your pension to an RSP. You will stop contributing to the pension when you have reached 35 years of service. You must retire before you can collect your pension. If you are already collecting a pension from LAPP, you cannot contribute to the plan again. Prior to retirement, you should give three months notice to allow for the appropriate paper work to be completed. Once completed, your first pension check will be coordinated with your end of employment to reduce the wait time for your incoming pension. Human Resources (HR) will complete the necessary paperwork. If you inform HR that you are considering retirement, they often have sessions provided by LAPP that explain what some of your options are. It is highly recommended that you attend one of these sessions. As well, you are entitled to $100 towards any pre-authorized retirement program or counseling that will give you information about living as a retiree.

Are you considering retirement? Your union encourages you to enroll in a pre-retirement course to assist you through the challenges of planning for retirement in a fast changing economy. Your union recommends courses run by the CUPE Calgary District Council and facilitated by the Congress of Union Retirees of Canada (CURC). CURC courses run over a weekend with 20 to 30 participants. It is not an expert model, whereby people try to sell our members their services. Rather, it is a chance to examine the retirement issues. Spouses and partners are also eligible and encouraged to attend. Feedback by attendees has been positive.


Article 19 Technological and Other Changes (April 1, 2011 to March 31, 2014 Collective Agreement)

19.01 Technological change means the introduction of new methods or machines which lead to a substantive difference in job content requiring new or greater skills than are currently used by present employees.

What does this mean?

The employer has the right and authority under the Labour Relations Board of Alberta to determine the day to day operations of its facilities including, but not limited to, hours of operation, how assigned tasks are approached, and the staffing levels for all positions covered by the bargaining unit.

There have been significant changes to all worksites with the introduction of new technologies and this has and will continue to impact staffing components and the basic required skills for each position. It is your responsibility to ensure you have the required skills to be a successful candidate when positions are posted. Do not assume your position is secure and that you cannot be transferred to a worksite at the same level without your consent.

Job postings are continual in our workplace, and yet there are members who despite recognizing changes to their daily tasks hesitate to apply for postings at other locations or at a higher level. Employees can and do become entrenched in their jobs. Some believe that their skills are not at a level that would allow for a transition to a more interactive position. It is critical for members to be proficient with computer software and basic typing skills, set by industry norms, as these skills are required for the majority of positions. Members are reminded that promotions don’t just happen. You can be assured that the successful candidate has put passion, thought and strategic action into the application. It is your responsibility to be proactive in regards to your current and future career at the Calgary Public Library.


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 20.07 Vacancies, Promotions and Staff Changes (April 1, 2011 to March 31, 2014 Collective Agreement)

The Chief Executive Officer has the right to transfer employees to various departments, or branches provided that the transfer is made within the employee’s classification. Management shall give the employee at least one month’s written notice of such transfer. Such notice will indicate the location to which the employee is being transferred and the reason for such transfer. The Union shall be notified in writing.

What does this mean?

You are an employee of the Calgary Public Library and as such you can be reassigned to a different work site as long as you have been given one month’s written notice. Where you reside, the method of transportation you require to arrive at work and the length of time of your commute are not factored into a transfer. Legally, management has the right to determine what best addresses the needs of the organization. In other words, management has the right to manage and you have the right of refusal. Not accepting the transfer will likely result in a termination of your employment.


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