9.21 Night Stocking
The following rules shall apply to night stocking:
Night stocking shifts shall commence at 12:01 a.m. five (5) nights per week except as hereinafter provided.
As an alternative to Point (1) above, one (1) 12:01 a.m. shift may be worked on any night of the week with the remaining shifts falling within the time outlined in Point (4).
Shifts not commencing at 12:01 a.m. shall start on or after 5:00 a.m. and shall end before 12:00 midnight.
An employee may, by request, start between 9:00 p.m. and 12:00 midnight and/or 3:00 a.m. and 5:00 a.m., with the understanding that night stocking is defined as any shift that begins between 9:00 p.m. and 5:00 a.m.
An employee’s shift during one (1) week shall fall within the same eighteen (18) hour span.
All General Clerks have the ability to opt into night crew rotation. In order to do so they must commit to working a minimum eight (8) week rotation (excluding vacation, Leaves of Absence etc.). These hours are not claimable by more senior General Clerks who do not choose to opt in.
A more senior General Clerk can change their opting in by providing written notice one (1) week prior to the posting of the schedule. Once a more senior General Clerk opts in, the schedule going forward will reflect this change.
In the event that not enough General Clerks opt in to serve on night crew, eligible General Clerks will be scheduled on night crew on a rotation basis until the shifts are filled.
Employees who choose to remain on such shift longer than two (2) months shall notify the Store Manager, in writing, of their intention to do so. Such request shall not be unreasonably withheld.
The Employer is not required to rotate Key Personnel to night stocking shifts, but all other employees within the classification and all unrestricted Grid B employees shall be fairly rotated to the night stocking shift. Employees exempt from this provision are Variety Clerks and Assistant Produce Managers in stores whose volume is greater than four hundred thousand dollars ($400,000.00).
Should problems exist in individual stores regarding the rotation list, the parties can refer the matter to Section 4, Joint Labour/Management Meeting (JLM) Process.
No employee shall be required to return to the night stocking shift until all eligible employees have had a turn.
The Manager, Lead Hand and the Crew shall institute a fair system of scheduling for Night
Crews. In the event this should fail, the Union Representative and the Crew shall have the right to file a Grievance under the Collective Bargaining Agreement, “Fair Rotation of Shift” Section.
Crews. In the event this should fail, the Union Representative and the Crew shall have the right to file a Grievance under the Collective Bargaining Agreement, “Fair Rotation of Shift” Section.
Senior employees whose continuous years of service plus age equals seventy (70), may opt out of Night Stocking Crew.
Where two (2) or more employees are working on a night shift in a store where regular or systematic night stocking is in effect and there is not a premium rate Clerk, Assistant Manager or Management personnel in charge, the person in charge shall not be compensated at less than the Lead Hand rate which shall be one dollar ($1.00) per hour over the employee’s regular rate.
The Employer agrees to schedule Stocking Crews consecutive days of work wherever possible, subject to the operational needs of the store. Where it can be demonstrated that the scheduling of consecutive days of work can be scheduled, the Union and the Employer shall meet and determine a method of solution.
The above shall be subject to emergencies as defined in Section 9.14 of this Agreement.
No Clerk shall be required to work alone on the premises on night shift.
In stores below $400,000 in volume, the Assistant Produce Manager will be included in the night crew rotation.