Community Living Services Collective Agreement - British Columbia ...

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CSSBA and CSSEA - Community Living Services (03/2012) Page 86 • commences an unpaid leave beyond 20 work shifts in any calendar year and employee elects not to pay contributions or elects to pay contributions and then stops paying them until their return to work • transfers to an ineligible status • is laid off INFORMATION APPENDIX B Unsafe Work The Following Has Been Appended to the Collective Agreement for Information Purposes Only Sections 3.12 and 3.13 of the Occupational Health and Safety Regulation, Workers Compensation Act 3.12 Procedure for Refusal (1) A person must not carry out or cause to be carried out any work process or operate or cause to be operated any tool, appliance or equipment if that person has reasonable cause to believe that to do so would create an undue hazard to the health and safety of any person. (2) A worker who refuses to carry out a work process or operate a tool, appliance or equipment pursuant to Subsection (1) must immediately report the circumstances of the unsafe condition to his or her supervisor or Employer. (3) A supervisor or Employer receiving a report made under Subsection (2) must immediately investigate the matter and (i) (ii) report. ensure that any unsafe condition is remedied without delay, or if in his or her opinion the report is not valid, must so inform the person who made the (4) If the procedure under Subsection (3) does not resolve the matter and the worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, the supervisor or Employer must investigate the matter in the presence of the worker who made the report and in the presence of (i) (ii) a worker member of the joint committee, a worker who is selected by a trade union representing the worker, or (iii) if there is no joint committee or the worker is not represented by a trade union, any other reasonably available worker selected by the worker. (5) If the investigation under Subsection (4) does not resolve the matter and the worker continues to refuse to carry out the work process or operate the tool, appliance or equipment, both the supervisor, or the Employer, and the worker must immediately notify an officer, who must investigate the matter without undue delay and issue whatever orders are deemed necessary. 3.13 No Discriminatory Action (1) A worker must not be subject to discriminatory action as defined in Section 150 of Part 3 of the Workers Compensation Act because the worker has acted in compliance with Section 3.12 or with an order made by an officer.
CSSBA and CSSEA - Community Living Services (03/2012) Page 87 (2) Temporary assignment to alternative work at no loss in pay to the worker until the matter in Section 3.12 is resolved is deemed not to constitute discriminatory action. Note: The prohibition against discriminatory action is established in the Workers Compensation Act Part 3, Division 6, Sections 150 through 153. These sections of the Act are reproduced in the Introduction to the print version of Book 1 of the Occupational Health and Safety Regulation, on pages xviii-xix. MAINTENANCE AGREEMENT Preamble INFORMATION APPENDIX C Maintenance Agreement and Classification Manual Between The Community Social Services Employers' Association (CSSEA) And Community Social Services Bargaining Association (CSSBA) Whereas the parties agree to Section 5 of the Munroe Recommendations ("Munroe") and the Memorandum of Agreement on Job Evaluation Plan, the parties agree to the following Maintenance Agreement, including the Classification Manual ("this Agreement"). 1. Introduction 1.1 The purpose of this Maintenance Agreement is to provide a standard procedure for the description and classification of jobs and the evaluation of work in the Community Social Services Sector. 2. Coverage 2.1 The provisions of this Agreement will apply to all work that is now or will come within the scope of the Community Social Services Sector Joint Job Evaluation Plan (JJEP). 2.2 This Agreement will be subject to the dispute resolution process under Article 7 of this Agreement. 3. Existing Rights 3.1 Without intending to create any new rights and obligations but only for greater certainty it is agreed that: (a) Subject to the Collective Agreement and subject to the procedures of this Agreement, the Employer has the right to organize its work in a manner that best suits its operational requirements and to establish new jobs and to change existing jobs. (b) The Union has the right to enforce this Agreement and in particular may ensure that: (i) a job has been established in a proper manner under the terms of the Collective Agreement and this Agreement; (ii) a job description accurately describes the work required to be done; (iii) the qualifications established by the Employer for a job are reasonable and relevant to the work required to be done; (iv) (v) a job is properly classified in relation to the benchmarks; unique jobs are properly identified and rated; and
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