Article 14 - STATUTORY HOLIDAYS

14.01 The provisions of this Article shall apply only to employees with 30 or more calendar days of employment with the Company.

14.02 The Company shall observe the following days as Statutory Holidays:

New Year's Day

Good Friday

Victoria Day

Canada Day

British Columbia Day

Labour Day

Thanksgiving Day

Remembrance Day

Christmas Day

Boxing Day.

14.03 If by law or decree another day is substituted for the observance of any holiday listed in Section 14.02, the day of observance shall be considered as the holiday insofar as payment for the listed Statutory Holiday is concerned.

14.04 No employees shall be required to work on one of the Statutory Holidays listed in Section 14.02 unless he is working on continuous operations or is otherwise required to work because of breakdown, emergency, or because he provides essential services for continuous operations. The term "continuous operations" when used in this Agreement shall include wharf operations or ancillary operations in conjunction with the wharf. Notwithstanding the above, it is understood that no employee will be required to work on the loading or unloading of ships on Christmas Day and New Year's Day.

14.05 Employees working on operations where they are normally required to work on Statutory Holidays may, at the discretion of the Company, be given any of the holidays off provided that all such employees performing the same work in a set of operations are given 7 days notice in advance of the holiday that they will not be required to work.

14.06 If an employee is required to work on one of the Statutory Holidays listed in Section 14.02 he is under the same obligation to do so as on any other working day of the year, and should he fail to work on such Statutory Holiday after being so required he shall not receive any pay for the holiday.

14.07 On each of the Statutory Holidays listed in Section 14.02:

(a) An employee who is not required to work shall receive an amount equal to eight (8) hours pay at his regular basic hourly wage rate, provided that:

(i) the employee shall have worked the last regular shift to which the employee was assigned before the holiday and the first regular shift to which the employee is assigned after the holiday; or,

(ii) the employee is on an approved leave of absence or absent for medical reasons, which are substantiated to the satisfaction of the Company, for less than seven (7) days.

(b) An employee on temporary assignment who is eligible to receive eight (8) hours pay under 14.07(a) or 14.08(b) shall receive the eight (8) hours pay at the basic hourly wage rate of the temporary assignment provided that he was on the temporary assignment for both qualifying days as set out in 14.07(a) and that he is entitled to receive Statutory Holiday pay.

14.08

(a) On each of the Statutory Holidays listed in Article 14.02, an employee who is required to work shall be paid at the overtime rate of one and one-half times his basic hourly wage rate for all hours worked on that day. However, should an employee who is required to work on a Statutory Holiday work more than eight (8) consecutive hours immediately prior to and on his Statutory Holiday shift which are paid at the overtime rate of one and one-half times his basic hourly wage rate, then each such additional hour worked shall be paid at the rate of double his basic hourly wage rate. Additionally, should an employee who is required to work on a Statutory Holiday work more than six (6) overtime hours immediately prior to this Statutory Holiday shift and the rate of double his basic hourly wage rate has commenced under the provisions of Article 18.03, then all subsequent hours worked shall be paid at the rate of double his basic hourly wage rate.

(b) An employee who is required to work and does work his shift shall receive, in addition to his regular earnings, an amount equal to eight (8) hours pay at his regular basic hourly wage rate.

14.09

(a) An employee with 90 or more calendar days of employment with the Company shall be entitled to two (2) annual Floating Holidays for which the provisions of Section 14.07(a) shall apply.

(b) Floating Holidays shall be taken at a time satisfactory to the Company and arranged, where possible, in accordance with the expressed preference of the employee. If an employee is informed, within seven (7) days of the agreed day for a Floating Holiday, that he is required to work that day, he shall be paid at the overtime rate of time and one-half for all hours worked on that date, and shall be given a holiday at another time. However, should an employee who is required to work on a Floating Holiday work more than eight (8) consecutive hours immediately prior to and on his Floating Holiday shift which are paid at the overtime rate of one and one-half times his basic hourly wage rate, then each such additional hour worked shall be paid at the rate of double his basic hourly wage rate. Additionally, should an employee who is required to work on a Floating Holiday work more than six overtime hours immediately prior to his Floating Holiday shift and the rate of double his basic hourly wage rate has commenced under the provisions of Article 18.03, then all subsequent hours worked shall be paid at the rate of double his basic hourly wage rate.

(c) Floating Holidays must be taken by an employee within the payroll year in which they are earned or the Company will pay the employee for any untaken Floating Holiday(s) in accordance with the provisions of Article 14.09(d).

(d) In lieu of taking a Floating Holiday, an employee shall be entitled to a payment equal to eight (8) hours pay at his regular basic hourly wage rate. The payment shall be given with the next appropriate payroll.

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