Canadian HR Reporter

Ab initio Bona fide Bona vacantia Caveat emptor Consensus ad idem De facto De jure ad idem ad idem De minimis De novo Exempli gratia o De n De n Ex gratia Exemp Exemp Ex parte m Ex g Ex g Ex post facto De mini De mini Id est Ex po Ex po Inter alia st facto st facto Mala fi des E Nemo dat q a vac vac Caveat e Caveat e s Nemo dat quod non ha De est e Non compos mentis antia ti Non est factum Pari passu gratia parte parte g N Prima facie to to De jure De jure Pro rata ad ide ad ad id ad id ad nto emptor emptor at quod n at quod n emptor empt emptor emp Pro tempore Bona fi de na fi de Pro tempore Quid pro quo Consensus onsensus P s s s s fi des P es quod n uod t quod n uod n uod uod tor tor tor tor tor tor or s atures Bona vacantia non habet non habet Bona vac Bona vac o antia no no n F at q at q ab ab at q t q at q t q Featur ab ab ab ab ab ab eatures quod n uod be b ures n ha n ha berrima berrima eatur eatur non h non h Uberrima Ub Uberrima Ub Fe at q at q b t b t Fea Fe quod u t ea ea ea ea Featur atu atu U atu atu U Featu Feat bet bet bet bet Fea Fea Fea Fea et et et et ea ea ea ea s es quod n uod res n ha on hab no no F at q at q b q Featur b s es quod n uod res n ha n ha no no F at q at q b q Featur b s LABOUR RELATIONS With this contract, I thee wed Canadian Labour Reporter's editors discuss unique clauses in collective agreements By Sabrina Nanji and Liz Foster H aving to report to work on the day you get mar- ried might seem like an unthinkable notion — but for some employees, having a day off for their wedding may not be an explicit right. Canadian Blood Services in Ed- monton allows up to three days off for an employee's wedding, according to its collective agree- ment. In Quebec, the Canadian Merchant Service Guild at Océan Remorquage Côte-Nord is given two days off while members of the Labourers' International Union of North America at Quality Hotel in Campbellton, N.B., are given one unpaid week off for the big day. Over the past year, Canadian Labour Reporter reported the de- tails of nearly 300 collective agree- ments from across Canada. Here's a look at some of the more unusual items that caught our eyes. LCBO negotiations In its 86-year history, the Liquor Control Board of Ontario (LCBO) has never had a strike — but that didn't stop thirsty customers from stockpiling last summer after threats of job action. e govern- ment-owned liquor stores never did close, as the Ontario Public Service Union (OPSEU) ratifi ed a new deal with the LCBO that runs up until 2017. Notably, the new contract con- tained a provision addressing a human rights complaint from the union alleging systematic dis- crimination based on sex. In it, the LCBO agreed to meet within 90 days of ratifi cation to resolve the allegations. It also specifi ed that any discussions would not prohibit the union from fi ling an application with the provincial human rights tribunal. LCBO employees also received a $1,600 signing bonus ($800 for part-time, seasonal and casual workers), wage increases and a pledge to hire 200 permanent full- time staff over the lifespan of the agreement. On campus Organizations in the same sector, such as educational institutions, seem to share common trends. Most collective agreements be- tween university administrations and faculty members include terms pertaining to copyright and intellectual property rights. For example, two post-sec- ondary institutions in British Columbia — Douglas College in Westminster and Kwantlen Poly- technic University in Richmond — included copyright provisions in their collective agreements. At Douglas College, the employer will provide up to $10,000 to be used in defence of copyright in- fringement judgments, as well as agreeing to retain counsel and pay for all legal costs. It's a similar story at Queen's University in Kingston, Ont., which allows employees to retain the copyright to their exclusive lecture notes and course material, giving the university non-exclu- sive, non-royalty-bearing licence to use those materials for teach- ing purposes. Safety, discipline On the East Coast, unions and employers focused in large part on safety during collective bargaining in 2013. In Prince Edward Island, the Laborers' International Union of North America — represent- ing 230 labourers — struck a deal with the Association of Commer- cial and Industrial Contractors of P.E.I. preventing the use of cell- phones and smartphones during work hours. e agreement aims to ensure employees focus their full attention on working safely. Ontario-based bus carrier company Trentway-Wagar and the Amalgamated Transit Union require employees over the age of 70 to pass annual medical and skills competency tests. e com- pany also penalizes employees in- volved in preventable accidents, imposing a 36-month disciplinary sunset clause instead of the stan- dard two-year clause. Discipline was also a focus for the Ontario provincial govern- ment. A three-year "sunset clause" — referring to the time that must pass before discipline is taken off an employee's record — was in- cluded in its collective agreement with OPSEU for its 29,040 public service employees, representing one of the longest such clauses reported by Canadian Labour Reporter in 2013. In Quebec, some inherent dan- gers of the workplace were recog- nized. Dock workers represented by the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allies Industrial and Ser- vice Workers International Union in the province were awarded shift premiums of up to 50 cents per hour when handling hazardous cargo including ammonium ni- trate, alum powder, dynamite and other explosives for transporta- tion company Arrimage du Nord. Employees' health and safety was also at the forefront of the Quebec government's collective agreement with la Fédération de la Santé et des Services Sociaux for 820 ambulance technicians. Under that agreement, employ- ees will be paid for the time it takes to disinfect themselves or their vehicles following contact with bodily fl uids. Designated zones are provided by the employer to allow employees to bathe and change clothes mid-shift as a re- sult of that contact. A focus was also placed on the safety of citizens, with a 24-month disciplinary sunset clause put in place for employees involved in a violent infraction. is discipline is double the 12-month clause for all other infractions. Directors working with the CBC through the Association des Réalisateurs in Québec were granted accidental death and dis- memberment insurance in excess of $300,000 during travel through dangerous areas, while broadcast employees with Groupe TVA ne- gotiated guaranteed salary and benefi ts in the event they are in- carcerated for refusing to reveal a confi dential source. In a similar deal, Montreal- based truck drivers working for Midland Transport were given a guarantee of employment in the event they lose their licence. As long as the loss is for 12 months or less and occurs as a result of conduct outside of work hours, drivers represented by Teamsters Québec Local 106 will retain their job security. Under a collective agreement signed between the Nova Sco- tia Liquor Corporation and the Nova Scotia Government & Gen- eral Employees Union in 2013, all employees directly involved in a robbery or attempted robbery will be entitled to fi ve paid days of "emotional assistance leave." e article provides the 1,080 retail employees covered by the collec- tive agreement with support as well as safety. Sabrina Nanji and Liz Foster are news editors for Canadian Labour Reporter, a sister publication to Canadian HR Reporter. Published weekly, it covers labour news, arbitration cases and collective agreements. For more in- formation, visit www.labour-reporter. com. Features

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