Message regarding vacation Carryover for Locals 99 and 92-99

Dear Local 99 and 92-99 Member,

A memo was recently distributed by the Employer indicating that vacation carry-over requests will only be considered in the case of ‘extenuating circumstances’.

The collective agreement language (below) makes no mention of ‘extenuating circumstances’ with regard to carry-over requests. The Union’s position on the Employer’s memo is that it is meant to persuade members to not request a vacation carry-over. It is your right to put in such a request.

The collective agreement language allows the request to be granted as long as it is consistent with operational requirements and doesn’t cost the Employer any extra money. The language does not, as the memo states, require some ‘extenuating circumstance’. The Employer’s past-practice supports this.

The Union’s position is that by communicating a new and unrequired condition to these requests the Employer is in violation of the Collective Agreement. NSGEU will hold the Employer to the language in the Collective Agreement and to their past practice. We have filed dozens of individual grievances and a policy grievance is currently being scheduled for arbitration.

To be clear: If you want to carry-over vacation you are encouraged to submit your request and have the Employer make the decision to grant or deny the request. If your request is denied and you would like to pursue a grievance you can contact the Union at the number below.

 26.6 VACATION CARRY FORWARD

Vacations shall not be cumulative from year to year. However, an Employee who wishes to carry forward up to forty (40) hours (forty-eight (48) hours for Employees in the Thermal Plant and in Security Services) (pro-rated for part-time) vacation to the following vacation year or requests vacation of up to forty (40) hours (forty-eight (48) hours for Employees in the Thermal Plant and in Security Services) (pro-rated for part-time) which would normally be scheduled in the following vacation year, may do so with the approval of the Employer provided in either case this is consistent with operational requirements and does not result in increased costs to the Employer.

Darryl Warren

Employee Relations Officer

dwarren@nsgeu.ca