Letter of Understanding on Standby and Call Back is signed! :: Association of Justice Counsel News
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November 8th, 2018
November 8th, 2018

Letter of Understanding on Standby and Call Back is signed!

Dear AJC members,

You may recall that in February of this year, after our success in the Supreme Court of Canada , we reached an interim agreement with the Employer on Standby duty and Call back. That interim agreement was in place until the issuance of the binding conciliation award which in the end, only covered off the issue of standby pay effective November 7, 2018.  

In the interests of closing the gaps, we are pleased to advise that the AJC and the Employer have signed a letter of understanding that:

a) maintains the provisions of the February 2018 MOA  with respect to callback and
b) addresses the gap between the date the binding conciliation award was issued (July 10, 2018) and the date the award came into effect (November 7, 2018).

What does this all mean?

- If you were on standby between July 10, 2018 and November 7, the interim agreement terms continue to apply.
- As of November 7, the standby provisions contained in the binding conciliation award apply, i.e. new sections 13.01(d), (e), (f), (g) and (h) and 13.02(d), (e), (f), (g) and (h).
- If an LP is required to be on Standby Duty, as outlined in the collective agreement, the LP will receive 0.5 hours for every four (4) hour period on standby duty.
- In addition, effective November 7, the callback provisions contained in the MOA shall apply until a new collective agreement comes into effect.
- If an employee who is on standby is called back to perform work, in addition to the above, the LP will receive four (4) hours of leave.

Leave earned under the terms of the letter of understanding is to be used within six (6) months of being granted. Should operational requirements prevent an LP from being able to take such leave, the leave can be carried over into the next fiscal year for an additional 6 months.

The parties have also agreed that this provision does not apply to active LPs on leave without pay.  All active employees who are on leave without pay will have one (1) year from the date on which they are no longer on leave without pay to use the management leave that they have accumulated as a result of the MOA.

Your Governing Council representative can answer any questions you may have about the agreement.

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