COLLECTIVE AGREEMENT BETWEEN. LIONS MciNNES HOUSE - AND- SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1 CANADA CLC (SERVICE) EFFECTIVE: APRIL 1, 2017

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1 Unit No. 39 COLLECTIVE AGREEMENT BETWEEN LIONS MciNNES HOUSE - AND- SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1 CANADA CLC (SERVICE) EFFECTIVE: APRIL 1, 2017 EXPIRY: MARCH 31, 2020

2 INDEX PREAMBLE:... 3 ARTICLE 1 - RECOGNITION AND SCOPE... 3 ARTICLE 2 - RELATIONSHIP... 3 ARTICLE 3 - MANAGEMENT RIGHTS... 3 ARTICLE 4 - UNION SECURITY... 4 ARTICLE 5 - NO STRIKES OR LOCKOUTS... 5 ARTICLE 6- BARGAINING COMMITTEE AND STEWARDS... 5 ARTICLE 7 - JOINT HEALTH AND SAFETY COMMITTEE... 6 ARTICLE 8 - GRIEVANCE PROCEDURE... 7 ARTICLE 9 - ARBITRATION... 8 ARTICLE 10 - GRIEVANCE MEDIATION PROCESS... 9 ARTICLE 11- EMPLOYER'S GRIEVANCE ARTICLE 12- SENIORITY ARTICLE 13- JOB POSTING ARTICLE 14 - BULLETIN BOARDS ARTICLE 15-WAGES ARTICLE 16 - HOURS OF WORK ARTICLE 17- PAID HOLIDAYS ARTICLE 18- SICK LEAVE ARTICLE 19 -VACATIONS ARTICLE 20- LEAVE OF ABSENCE ARTICLE 21- BEREAVEMENT ARTICLE 22- JURY AND WITNESS DUTY ARTICLE 23- WORK OF THE BARGAINING UNIT ARTICLE 24- NEW CLASSIFICATION ARTICLE 25- LAY-OFF AND RECALL ARTICLE 26 - PERSONNEL FILE ARTICLE 27- PREGNANCY AND PARENTAL LEAVE ARTICLE 28- STAFF TRAINING ARTICLE 29 - PRINTING ARTICLE 30 - LABOUR/MANAGEMENT COMMITTEE ARTICLE 31- LETTERS OF REPRIMAND ARTICLE 32- HEALTH AND WELFARE AND PENSION ARTICLE 33- MINIMUM REPORTING ALLOWANCE

3 ARTICLE 34- DURATION AND TERMINATION APPENDIX A- PART-TIME/CASUAL EMPLOYEES ADDENDUM SCHEDULE "A" MEMORANDUM OF AGREEMENT LETTER OF UNDERSTANDING - # LETTER OF UNDERSTANDING- # LETTER OF UNDERSTANDING- # LETTER OF UNDERSTANDING- # LETTER OF UNDERSTANDING- # LETTER OF UNDERSTANDING- # LETTER OF UNDERSTANDING- # SCHEDULE "B"

4 PREAMBLE: WHEREAS the purpose of this agreement is to establish an orderly collective bargaining relationship between the employer and all employees represented by the union, and to encourage a cooperative and harmonious working relationship in the promotion of the highest standards of support provided by Lions Mcinnes House; NOW THEREFORE, the parties agree as follows: ARTICLE 1 - RECOGNITION AND SCOPE 1.01 The Employer recognizes the Service Employees International Union, Local1 Canada as the sole and exclusive bargaining agent of all employees of the Lions Mcinnes House in the City of Brantford save and except Executive Director, Program Co-Ordinator, Co-Ordinator of Support Services, Secretary, supervisor and those above such ranks. ARTICLE 2 - RELATIONSHIP 2.01 The parties agree that, in accordance with the provisions of the Ontario Human Rights Code, there shall be no discrimination against any employee by the Union or the Employer Definitions (a) Full-time employees are hereby defined to be those employees that are regularly scheduled on average thirty-two (32) or more hours weekly. (b) Part-time employees are hereby defined to be those employees that are regularly scheduled up to thirty-two (32) hours weekly. ARTICLE 3 - MANAGEMENT RIGHTS 3.01 The Union recognizes that the management, supervision and direction of the workplace is fixed exclusively with the Employer and shall remain solely with the Employer except as specifically limited in this Collective Agreement. Without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Employer to: (a) (b) Maintain order, discipline and efficiency. Hire, discharge, assign, direct, classify, transfer, promote, demote, lay-off and suspend or otherwise discipline employees for just cause provided that a claim that an employee has been unjustly discharged or disciplined may be the subject of a grievance and dealt with in accordance with the 3

5 (c) (d) (e) grievance procedure. Establish and enforce rules, regulations, policies and practices to be observed by employees, provided that they are not inconsistent with the provisions of this Agreement. Determine, in the interest of efficient operations and the highest standards of service, classifications, hours of work, assignments, methods of doing the work, job content, scope of services to be provided to tenants and the working establishment for any service. Generally to manage and operate the Group Home in all respects in accordance with its obligations and in fulfillment of its agreements with tenants and without restricting the generality of the foregoing, to determine the kinds and locations of machines, equipment to be used, services to be provided, the allocation and number of employees required from time to time, the standards of performance for all employees and all other matters concerning the Employer's operations, not otherwise specifically dealt with elsewhere in this Agreement. (f) Ensure that the techniques, processes, objectives and goals of intervention as that term is understood in the provision of a "reactive environment" are implemented and achieved. ARTICLE 4- UNION SECURITY 4.01 (a) Each of the parties hereto agrees that there will be no discrimination, interference, restraint or coercion exercised or practised upon any employees because of membership in the Union. (b) (c) (d) All employees who are in the employ of the Employer at the signing date of this Agreement and all new employees who enter the employ of the Employer after the Agreement has been signed, shall as a condition of employment, be subject to regular monthly dues to be deducted from their wages and also be subject to a one time union dues administrative assessment for newly hired employees and remitted to the Union. It is understood that dues shall be deducted from all employees beginning in their first ( 1 51 ) month of hire. The Employer agrees to forward a list of dues deductions in an electronic format designed by the Union showing the names, classifications, current addresses, phone numbers, Social Insurance Numbers, highlighting new hires, resignations, terminations, new unpaid leave of absence and return from leave of absence, hourly rate, hours worked, and the amount of dues remitted on behalf of each of the employees for whom deductions have been made, providing there is no additional cost to the Employer. Deductions shall be made from the first (1 51 ) pay of each month and forwarded to the Union Office on or before the last day of the same month in which the deductions are made, where practicable. 4

6 (e) (f) (g) The Employer has no responsibility for Union dues while an employee is off on Pregnancy and/or Parental Leave. The Union and its members shall hold the Employer harmless with respect to any liability in which the Employer might incur as a result of deductions and remittances. The Employer will provide each employee with a T4 slip showing the annual Union dues paid by that employee for the year previous It is mutually agreed that arrangements will be made for Union Steward to interview each new employee who is not a member of the Union once during the first thirty (30) days of employment for the purpose of informing such employee of the existence of the Union in the Home, and of ascertaining whether the employee wishes to become a member of the Union. The Employer shall advise the Union monthly the time and place on the premises of the Employer designated for each such interview, the duration of which shall not exceed fifteen (15) minutes. ARTICLE 5 - NO STRIKES OR LOCKOUTS 5.01 The Employer agrees that it shall not lock out employees during the term of this Collective Agreement The Union agrees that during the term of this Collective Agreement, it will not cause, permit, condone or authorize its members to strike, sit down, slow down, or engage in any other work stoppage, picketing or any form of collective action which will interfere with or stop service, and that if such collective action should take place, the Union will instruct its members to continue to work and to perform their duties in the usual manner. ARTICLE 6 - BARGAINING COMMITTEE AND STEWARDS 6.01 The Employer agrees to recognize: (a) (b) A Negotiating Committee consisting of up to three (3) employees, one of who shall be the Chief Steward elected or otherwise selected by the Union. A Union Administrative Committee consisting of three (3) Stewards elected or otherwise selected by the Union, one of who will hold the office of Chief Steward All members of the Committee and the Stewards shall be regular employees of the Employer who have completed their probationary period. 5

7 6.03 The Employer shall be advised of the names of members of the Committees and Stewards and shall be notified of any changes from time to time. The Employer shall only recognize Stewards once the Employer has been formally informed by the Union The Union acknowledges that the members of the Union Administrative Committee must continue to perform their regular duties, and that so far as possible, all activities of the Committee will be carried on outside the regular working hours of the members thereof, unless otherwise mutually arranged The members of the Union Administrative Committee will not suffer a loss of pay for time spent during normal scheduled working hours in meeting with the Employer in the servicing of the agreement. This shall have no application to grievance mediation and arbitration proceedings. It is also expressly understood that the Employer will only be required to meet with one member of the Union Administrative Committee at a time Up to two (2) members of the Union Negotiating Committee will not suffer a loss of pay for time spent during normal scheduled working hours meetings directly with the Employer in negotiations relating to the Collective Agreement up to but not including conciliation and thereafter. This shall have no application to Arbitration proceedings. ARTICLE 7 - JOINT HEALTH AND SAFETY COMMITTEE 7.01 The Employer and the Union agree that they mutually desire to maintain standards of safety and health in the workplace in order to prevent accidents, injury and illness Recognizing its responsibilities under the applicable legislation, the Employer agrees to accept as a member of its Joint Health and Safety Committee two (2) representatives selected or appointed by the Union from among bargaining unit employees The Committee shall identify potential dangers and hazards, recommend means of improving health and safety and recommend actions to be taken to improve conditions related to safety and health. Workers may report any issues of concern on the Health and Safety Report form, and shall be provided a copy of their report at the time it is handed to a Committee member. These report forms shall be reviewed at the next Joint Health and Safety committee meeting The Committee shall meet once every three (3) months at the workplace and shall maintain minutes of all meetings Any representative appointed or selected in accordance with Article 7.02 above hereof shall serve for a term of one (1) calendar year from the date of appointment, which may be renewed for further periods of one (1) year. Any representative attending meetings of the Committee during his scheduled hours of work shall not lose regular earnings as a result of such attendance. A certified member shall be 6

8 appointed for a minimum of two (2) years The Union agrees to endeavour to obtain the full co-operation of its membership in the observation of all safety rules and practices. ARTICLE 8 - GRIEVANCE PROCEDURE 8.01 No employee shall have a grievance unless and until an issue is first discussed with management It is the mutual desire of the parties to this Agreement that a grievance of an employee shall be resolved as promptly as possible. No grievance shall be considered which usurps the function of management. Step 1: Within seven (7) working days, the employee shall submit the written grievance to, and the written grievance must be received by, the Supervisor or his designate. The Supervisor or his designate will meet with the grievor and review the grievance. A decision in writing will be rendered within seven (7) working days from the date on which the grievance meeting was convened. Failing settlement, then: Step 2: Within seven (7) working days following the decision under Step 1, the employee shall submit the written grievance to the Executive Director or his designate. The Executive Director or his designate will meet with the grievor and review the grievance. A representative of the Union may attend this meeting if requested to do so by either party. A decision in writing will be rendered within three (3) working days from the date on which the grievance meeting was convened. In the event the decision of the Executive Director or his designate is not satisfactory to the grievor, the grievor may refer the matter to Arbitration in accordance with the provision of this Agreement. If no written request for Arbitration is received within five (5) working days from the date of the decision under this Step, the grievance shall be deemed to be settled. The time limits set out in this Article are to be construed as mandatory. If a grievance is not submitted or advanced from one step to another within the time limits set out, the grievance shall be deemed to be abandoned and all rights or recourse to the grievance procedure shall be at an end. The parties shall make every reasonable effort to schedule the meeting between the Executive Director and his or her designate and the grievor at a mutually agreeable time (a) If the Employer schedules an investigation meeting into an employee's alleged and/or potential misconduct which could result in discipline, the employee will be advised of the right to have a union 7

9 steward present if one is available. It is understood that the absence of a union steward from the building will not require the Employer to reschedule the meeting, for extreme circumstances (eg. abuse); provided the Employer notifies or attempts to notify the union steward in advance to allow the steward to attend, if she is able. (b) Where an employee is required to attend a meeting in which a verbal warning, written warning, suspension or discharge is to be given, the Supervisor will inform the employee prior to the commencement of the meeting of his/her right to have a Union Steward present at the meeting Discharge and Suspension The Employer shall not discharge or suspend any employee who has completed his or her probationary period without just cause. In the event an employee who has completed his or her probationary period grieves a discharge or suspension, such grievance may be submitted at Step 2 of the grievance procedure within two (2) days of the event grieved For the purposes of the grievance procedure, the mediation procedure and the arbitration procedure the use of the term "working days" shall refer to weekdays (Monday through Friday), except statutory holidays. ARTICLE 9 - ARBITRATION 9.01 Failing settlement under the foregoing grievance procedure of any grievance between the parties arising from the interpretation, application or alleged violation of this Agreement, including any question as to whether the grievance is arbitrable, the grievance may be submitted to Arbitration as set forth below. If no written request for Arbitration is received within five (5) working days from the date of the decision under Step 2 above, the grievance shall be deemed to have been settled When either party requests that a grievance be submitted to Arbitration as hereinbefore provided, it shall make such request in writing addressed to the other party and at the same time provide three names of proposed arbitrators. Within ten (1 0) working days thereafter the other party shall answer indicating either agreement to one of the proposed arbitrators or providing suggestions for alternate arbitrators. If the parties are unable to agree to an Arbitrator, they shall request their Ministry of Labour for the Province of Ontario to appoint an Arbitrator No person may be appointed as an Arbitrator who has been involved in any attempt to negotiate or settle the grievance The Arbitrator shall not have jurisdiction to amend or add to any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement. No matter shall be dealt with at Arbitration which has not been properly carried 8

10 through all the previous steps of the grievance procedure The written decision of the Arbitrator shall be final and binding upon the Employer, the Union and the employees Each party shall pay one-half of the fees and expenses of the Arbitrator The parties may agree to extend or waive any of the time limits prescribed in this Article. However, any such agreement shall be expressed in writing and acknowledged by the parties The Employer and the Union may, by written agreement in respect of any specific grievance, substitute a Board of Arbitration for a single Arbitrator as provided herein and the Board of Arbitrator shall possess the same powers and be subject to the same limitations as the Arbitrator The parties may agree at any time after a written request for Arbitration has been issued, to enter into voluntary mediation in an effort to resolve a grievance. ARTICLE 10- GRIEVANCE MEDIATION PROCESS (a) Either party, with the agreement of the other party, may submit a grievanceto-grievance mediation at any time within ten (1 0) working days after the Employer's decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to arbitration. (b) (c) (d) (e) (f) (g) (h) Grievance mediation will commence within fifteen (15) working days of the grievance being submitted in mediation or such longer period as may be agreed upon by the parties. No matter may be submitted to grievance mediation, which has not been properly carried through the Grievance Procedure. The parties shall agree on a mediator. Proceedings before the mediator shall be informal. Accordingly, the rules of evidence will not apply, no record of the proceedings shall be maintained. If possible, an agreed Statement of Facts will be provided to the mediator in advance of the grievance mediation conference. The mediator will have the authority to meet separately with either party. If no settlement is reached within five (5) working days following grievance mediation, the parties are free to submit the matter to arbitration in accordance with the provisions of this Agreement. In the event that a grievance, which has been mediated subsequently, proceeds to arbitration, 9

11 no person having served as a mediator may serve as an arbitrator. Nothing said or done by the mediator may be referred to through arbitration. (i) The Union and Employer will share the cost of mediation, if any. ARTICLE 11- EMPLOYER'S GRIEVANCE It is understood that the Employer may bring forward at any meeting held with the Union Administrative Committee any complaint with respect to the conduct of the Union, its officers or committee member or members, and that if such complaint is not settled to the mutual satisfaction of the conferring parties, it may be treated as a grievance and referred directly to arbitration in the same way as the grievance of an employee. ARTICLE 12- SENIORITY Probationary Period A new employee will be considered on probation until after she has completed six hundred (600) hours of work in the bargaining unit within any twelve (12) calendar months Seniority will be based on continuous service with the Employer since the date of last hire. Upon successful completion of such probationary period, the employee shall be placed on the seniority list and credit shall be given for service since date of last hire Casual employees hired on a full-time basis shall have their seniority calculated on the basis of one day of seniority for each eight (8) hours of employment Seniority Lists Seniority lists shall be prepared according to the records of the Employer on a biannual basis on April 15 and October 15 and posted on a bulletin board provided by the Employer. Seniority as posted shall be deemed to be final and not subject to complaint unless such complaint is made within twenty (20) calendar days from the date of posting. New employees appearing on the list for the first time shall have ten (10) calendar days to challenge their position on the list. The Employer will send a copy of the seniority list to the Union once it is posted. Seniority shall be recognized on a bargaining unit wide basis Loss of Seniority An employee shall lose all service and seniority and shall be deemed to have been terminated if she: (a) resigns; 10

12 (b) (c) (d) (e) (f) is discharged and not reinstated through the grievance and arbitration procedure; fails to report for a scheduled work assignment without notifying the Employer unless such notification could not reasonably be given; has been laid off for the lesser of twenty-four (24) calendar months or the length of her seniority; is absent due to illness or disability (including absences for which Workers' Compensation Benefits or Disability Benefits are received) which absence continues for the lesser of twenty-four (24) calendar months or a period equivalent to the employee's length of seniority at the time the illness or disability commenced; fails to return to work upon the expiration of a leave of absence or utilizes a leave of absence for any purpose other than that for which it was granted. NOTE: This clause shall be interpreted in a manner consistent with the provision of the Ontario Human Rights Code. ARTICLE 13 JOB POSTING In the event new jobs are created or vacancies occur in existing job classifications, including new positions which are created for a specific term or task, the Employer will post such new job(s) or vacancies. Employees may bid for promotion vacancies to higher paying classifications in the bargaining unit. The posting shall be limited to the first vacancy only each time. Such vacancies shall be posted fo_r a period of five (5) days (a) In all cases of promotion or transfer, and in laying off or recalling employees, seniority shall be the governing factor, provided the senior employee already possesses, in the opinion of the Employer and the Union, the necessary qualifications and experience to perform the work to be assigned by the Employer, as well or better than the junior employee. (b) A copy of all job posting(s) will be provided to the Chief Steward Employees who are successfully selected for a new job posting shall be on a three (3) month evaluation period. If, in the opinion of the Employer during the evaluation process, it is determined that the employee is unsuitable in the new position, the employee shall return to her previous position. If an employee wishes to return to their former position they may do so during the three (3) month evaluation period In evaluating the employee during the evaluation period, the Employer shall consider the following: the applicant's overall qualification, training, experience and ability; 11

13 the client's position with respect to the applicant, where the client is able to provide such a position, and where the client has been involved throughout the selection process; the position of the client's advocate with respect to the applicant, where the advocate has been involved throughout the selection process; and the status of intervention. In particular, in consideration of the individual (s) for whom the applicant will be working with, the applicant's ability to provide: (i) sufficient non-distorted information to enable the person who is deafblind to: - make appropriate decisions - form accurate concepts - anticipate coming events (ii) motivation for the person who is deafblind to act upon those decisions by means of: - an emotional bond - empathetic interaction accurate and complete information concerning the client's interaction with the environment; (iii) the degree of support necessary to enable the person who is deafblind to carry out decision successfully in a reasonable amount of time; and (iv) the training necessary to permit the person who is deafblind to attain the understanding of, and skills necessary to: take control of his or her life assume responsibility for his or her actions and decisions train future intervenors to meet his or her specific needs If the employee is maintained in the new job he shall carry with him to the new job all rights and privileges including seniority The employer will not act in an arbitrary manner and in the event an employee is considered unsuitable the employer shall meet with the employee to discuss the reasons Temporary Vacancy (a) A temporary vacancy is a vacancy expected to exceed six (6) calendar weeks, created by the absence of an employee due to pregnancy and/or parental leave, compensable or non-compensable illness or injury or any other leave of absence and which the Employer determines it requires filled. 12

14 (b) (c) (d) (e) (f) Employees working less than forty (40) hours per week shall be given the first opportunity to fill a temporary vacancy. The Employer will outline to the employee selected to fill the vacancy, the anticipated conditions and duration of such vacancy. Upon the return of the employee from the absence, the employee shall have the right to return to their former position. In instances where an employee returns to work prior to the estimated date of return the Employer shall not be liable for payments to the resulting displaced employee(s). In instances where an employee is off on "any other leave of absence" in accordance with (a) above, the employee may return to work to a date other than the estimated dated of return on condition that the employee gives the employer at least one (1) months advance written notice and provided that the maximum leave is not exceeded. In the event that a part-time employee is the successful applicant, the part-time employee shall retain their part-time status during the temporary full-time period. Nothing herein shall prevent the Employer from filling any temporary position or temporary vacancy at its discretion for a period of up to six (6) calendar weeks' duration. The Employer agrees that upon becoming aware that the vacancy has become permanent and upon determining that it is to be filled, the Employer will post the position in accordance with Article 13. ARTICLE 14- BULLETIN BOARDS The Employer agrees to supply and make available a bulletin board to the Union for posting of seniority lists and notices pertaining to the Union and the Employer and its employees. It is agreed that no notice will be posted on the bulletin board without prior approval of the Executive Director. ARTICLE 15- WAGES The Employer agrees to pay and the Union agrees to accept for the term of this Agreement the rates of wages as outlined in Schedule "A" attached hereto. The start rates outlined in Schedule "A" are acknowledged by the Union as minimums. Nothing in this Agreement shall prevent the Employer from appointing employees at a rate higher than its minimums within the salary range. (Higher appointment salaries may be based on previous experience or competitive factors.) 13

15 ARTICLE 16 - HOURS OF WORK The regular hours of work for full-time employees shall be thirty-two (32) hours or more per week Nothing in this Article shall be construed as a guarantee of hours It is understood and agreed that employees may work greater or lesser than forty (40) hours per week (a) All hours worked in excess of eighty (80) hours over a two week period will be eligible for overtime and shall be paid for at time and one-half (1 1/2) of the regular rate of pay when such overtime is regular work. (b) It is expressly agreed that for the purposes of calculating eligibility to overtime, time spent staff meetings, training, labour management meetings, negotiation meetings, and time related to the shift switches between staff members, will not be included unless they represent regular working hours It is understood that overtime pay will not be "banked" as time and one-half lieu time but will be paid to the employee Overtime shall be based on the employee's regular rate of pay and there shall not be any pyramiding of overtime under this Article. ARTICLE 17- PAID HOLIDAYS The following paid holidays will be recognized as holidays on the days they are officially observed: New Year's Day Good Friday Easter Sunday Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Remembrance Day Christmas Day Boxing Day Where a public holiday falls on a non-working day, the employee shall be given another normal working day off with pay, or, if the employee agrees, the Employer will pay the employee the regular wage for the public holiday. If an employee does not have a substitute arrangement and works on a public holiday, the employee must be paid at least time and one-half the regular rate for those hours worked, in addition to the employee's regular day's pay for that public holiday. An employee who does not qualify for a paid holiday must be paid at least time and one-half the employee's regular rate for each hour worked on a public holiday In order to qualify for payment of holiday pay as described in Article 17.02, an employee must have completed the probationary period, and have worked his 14

16 regular scheduled working shift immediately prior to and following the holiday unless he is absent due to vacation or approved le-ave of absence or due to illness verified by physicians note Where a shift is scheduled so that some hours are worked on a normal working day and some hours on a designated holiday, the employee shall be entitled to holiday pay only for those hours actually worked on the designated holiday Any time worked on a paid holiday shall be included for purposes of calculating overtime for full-time employees. ARTICLE 18 - SICK LEAVE Sick leave for full-time employees is time off with pay for absences from regularly scheduled hours due to legitimate illness and no other purpose. This time can be taken in shorter intervals ttian a full eight (8) hours. There shall be a sick leave credit accumulation bank for all full-time non-probationary employees in the active employ of the Employer. Non probationary full-time employees shall accumulate sick leave credits after the completion of probation at the rate of one (to a maximum of eight (8) hours per month of active employment, except that sick leave credits shall not be earned while the employee is not in receipt of wages from the employer. During each fiscal year (i.e. April1 - March 31) an employee may utilize up to two (2) of their accumulated sick days (i.e. up to sixteen (16) hours) to care for sick dependent persons Sick days may be accumulated to maximum of r:to more than fifteen (15) days The Employer shall provide for cash out at_retireinent, fifty percent (50%) of accumulated Sick Days at their normal rate of pay if the employee has fifteen (15) year seniority or more The employee will be advised of the amount of sick leave credits remaining, twice per year o"n April 15 and October 15. ' If the Employer requires a sick leave certificate in accordance with past practice or the Collective Agreement and the doctor. charges the employee for such certificate outside OHIP, the Employer will pay for the certificate, as soon as reasonably practicable, upon provision of ~he receipt. ARTICLE 19 -VACATIONS For the purpose of this article, vacation time and vacation pay shall be based on the employee's normal straight time work week. The vacation year shall be based on the employee's anniversary date For the purpose of this article, full-time employees shall earn vacation time based on their regular work week and vacation pay as follows: 15

17 (a) (b) (c) Full-time employees who have less than one (1) year of continuous service shall earn a maximum of two (2) weeks of vacation accruing at the rate of 1 0/12's of a day per full month of employment to a maximum annual vacation of two (2) weeks, with vacation pay based on 4% of gross earnings. Full-time employees who have at least one (1) full year but less than five (5) full years of continuous service on their anniversary date shall earn two (2) weeks vacation, with vacation pay based on 4% of gross earnings. Full-time employees who have five (5) full years but less than ten full years of continuous service on their anniversary date shall earn three (3) weeks vacation, with vacation pay based on 6% of gross earnings. (d) Full-time employees who have ten (10) full years but less than twenty (20) full years of continuous service on their anniversary date shall earn four ( 4) weeks vacation, with vacation pay based on 8% of gross earnings. (e) Full-time employees who have twenty (20) full years or more of continuous service on their anniversary date shall earn five (5) weeks vacation, with vacation pay based on 10% of gross earnings Full-time employees shall not be entitled to take any vacation during the first twelve (12) months of employment. All vacation time must be taken in the anniversary year following the year in which it is earned except that vacation credits not exceeding five (5) days may be carried over from one vacation year to the next vacation year if they have not been used. Carry over of vacation shall only be done on exceptional circumstances and when approval is requested by the employee in advance and granted in writing by the Program Director Employees will be paid out accrued vacation pay on their regular pay at the time that vacation is taken All staff shall make application for vacation at least fourteen (14) days in advance of the month in which the vacation leave is requested The Program Director must approve all applications for vacation leave Where an employee leaves employment for whatever reasons, the employee shall receive a pro-rata proportion of their vacation entitlement earned to the time of their departure, since their last anniversary date, less any vacation already taken An employee may use one (1) week of vacation to be taken, if available, as float days if so requested by an employee and provided employee complies with requirements of Article "Christmas" and New Year's Time The Employer may grant vacation during Christmas/New Year's period to a 16

18 maximum of two (2) employees in the entire bargaining unit, on a rotating seniority basis, subject to the following: (a) (b) (c) There are replacement staff who are available to fill in during this period. Notice must be given to the Employer of an employee's intention to exercise vacation time during the Christmas period at the vacation request cut-off date in the Collective Agreement or at least six (6) months' notice if no cut-off date exists in the Collective Agreement. Employee's requests to have vacation during the Christmas period shall be finally determined by the Program Director given due consideration for the safe and efficient operation of the Lions Mcinnes House The employee will be advised of the amount of vacation credits remaining, twice per year on April 15 and October 15. ARTICLE 20- LEAVE OF ABSENCE The Employer may grant at its discretion a leave of absence up to and including five (5) working days without pay for legitimate reasons provided it receives a written request one (1) week prior to the intended commencement of such leave. The request for the leave of absence shall indicate the reason for such request and shall specify the date of departure and the date of return. The requirement for a written request may be waived in case of actual emergency. Requests for leaves of absence will not be unreasonably denied The Employer may grant at its discretion a leave of absence in excess of five (5) working days without pay for extenuating personal reasons, provided it receives a written request one (1) week prior to the intended commencement of such leave. The request for the leave of absence shall indicate the reason for such request and shall specify the date of departure and the date of return. Without limiting the generality of the above, the leave will not be granted if it causes inconvenience to the normal operations of the Employer. Requests for leaves of absence will not be unreasonably denied Employees who are on leave of absence will not engage in gainful employment while on such leave unless with the written consent from the Employer, and if an employee does engage in gainful employment while on such leave without such written consent, he or she will forfeit his or her seniority and be deemed to have terminated his or her employment An employee who overstays a leave of absence, unless he or she obtains permission or provides a satisfactory explanation, will forfeit his or her seniority and be deemed to have terminated his or her employment To qualify for leaves of absence as stipulated above, the employee must have completed six (6) months of employment with the Employer and it is expressly understood, no benefits except as hereinafter provided shall accrue to or be paid 17

19 to any employee on leave of absence in excess offill-in time period Unpaid leave of absence in excess of thirty (30) consecutive days shall not count as service Where any leave of absence without pay exceeds thirty (30) continuous calendar days the Employer shall pay its share of any and all health and welfare benefits for the first thirty (30) continuous calendar days. Where eligible benefit coverage may be continued thereafter by the employee, provided the employee pays the total cost of the premiums to the Employer for each monthly period in excess of thirty (30) continuous calendar days leave of absence or any part thereof The Employer may grant leave of absence without pay to employees to attend Union conventions, seminars, education classes or other Union business provided that such leave will not interfere with the efficient operation of the Employer. The Union must give at least twenty-one (21) days clear notice in writing to the Employer in making application for leave of absence for Union business. It is understood the leave of absence shall be granted to only one (1) employee at a time for no longer than a one ( 1) week period and will not be requested on more than two (2) occasions in one (1) calendar year Employees who are on leave of absence will not engage in gainful employment on such leave. If an employee does engage in gainful employment while on such leave of absence, he will forfeit all seniority rights and privileges contained in this Agreement and will be subject to discharge If required by the Employer, an employee shall be entitled to a leave of absence with pay and without loss of seniority and benefits to write examinations to upgrade his employment qualifications. ARTICLE 21- BEREAVEMENT An employee who notifies the Employer as soon as possible at the time of bereavement will be granted up to five (5) consecutive scheduled days off with pay at her regular rate from the date of death of an employee's immediate family member. For the purpose of this clause, immediate family is defined as spouse, daughter, son, step-daughter, step-son, mother, father (i) An employee who notifies the Employer as soon as possible at the time of bereavement be granted up to three (3) consecutive scheduled days off with pay at her regular rate from the date of death of an employee's fatherin-law, mother-in-law, sister, brother, sister-in-law, brother-in-law, grandparents, grandchildren, step-mother, step-father, step-sister and step-brother. (ii) (iii) An employee will be granted one (1) day off without pay surrounding the death of an aunt, uncle, niece, nephew or cousin. Where additional bereavement leave is requested, it may be provided at 18

20 the discretion of the Executive Director, or designate. If so provided, such additional leave will be without pay. Approval will not be unreasonably denied. ARTICLE 22 JURY AND WITNESS DUTY If an employee is required to serve as a juror in any court of law or is required to attend as a witness in a court proceeding in which the Crown is a party, or is required by subpoena to attend a court of law or coroner's inquest in connection with a case arising from the employee's duties at the workplace, the employee shall not lose regular pay because of such attendance provided that the employee: (a) (b) (c) notifies the Employer within twenty-four (24) hours of the employee's notification that he will be required to attend at court; presents proof of service requiring the employee's attendance; deposits with the Employer the full amount of compensation received excluding mileage, travelling and meal allowance, and an official receipt thereof. ARTICLE 23 WORK OF THE BARGAINING UNIT Persons excluded from the bargaining unit shall not perform duties normally performed by employees in the bargaining unit where such performance shall directly result in a layoff or reduction of hours The Employer shall not contract out any bargaining unit work if it results in the layoff or a reduction in hours of the bargaining unit employees. ARTICLE 24 NEW CLASSIFICATION Where a new classification, which is covered by this Agreement, is established by the Employer and no rate for such classification is provided in the within Agreement, the Employer will determine the rate of pay for such new classification and notify the Union of the same. If the Union challenges the rate, it shall have the right to request a meeting with the Employer to endeavour to negotiate a mutually satisfactory rate. Such request shall be made within ten (1 0) days after receipt of notice from the Employer of such new classification and rate. Any change mutually agreed to resulting from such meeting shall be retroactive to the date that notice of the new rate is given by the Employer. 19

21 ARTICLE 25- LAY-OFF AND RECALL In cases of lay-off expected to exceed a period of twelve (12) weeks, the following provisions shall apply. It is the responsibility of employees to ensure that the Employer has a current address and telephone number at all times. If an employee should fail to do so, the Employer will not be responsible for the failure of any communication to reac.h the employee Where a lay-off is necessary the Employer will lay off the least senior employee based upon classification, and current or lesser status, provided that, in the opinion of the Employer, she possesses the necessary requirements. In considering if an employee has the necessary requirements, the Employer shall consider the employee's overall qualifications, training, experience, ability and the status of intervention. Notwithstanding the above, no employee shall bump a less senior employee who has regularly scheduled hours greater than ten percent (1 0%) 9f the laid off employees regularly scheduled biweekly hours within her classification Employees on lay-off are entitled to apply for any vacancies and new positions in the bargaining unit arising out of a job posting. ARTICLE 26 - PERSONNEL FILE An employee may request, in writing, an opportunity to view his or her personnel file in the presence of his or her supervisor or delegated representative. The request shall be made a reasonable time in advance of the review. The information the employee may review will be his or her application form, any written evaluation or formal disciplinary notations or incident reports in the file. Any photocopies made of the above shall be paid for by the employee. ARTICLE 27- PREGNANCY AND PARENTAL LEAVE Pregnancy Leave Preamble Pregnancy leave and parental leave will be granted in accordance with the provisions of the Employment Standards Act. except where amended in this provision. (a) An employee who has been employed by the Employer for a period of at least thirteen (13) weeks immediately preceding the expected birth date shall be entitled, upon her application, to a pregnancy leave of absence without pay commencing during the period of seventeen (17) weeks immediately preceding the expected birth date. 20

22 (b) The pregnancy leave of an employee (i) (ii) (ii.1) (ii.2) who is entitled to parental leave, ends seventeen (17) weeks after the pregnancy leave began; who is not entitled to parental leave, ends on the later of the day that is seventeen (17) weeks after the pregnancy leave began; or the day that is six (6) weeks after the birth, still-birth or miscarriage. (c) The above noted pregnancy leave may be shorter than seventeen ( 17) weeks if the employee gives the Employer at least four (4) weeks written notice of the day the employee intends to return to work. (d) (e) The employee must give the Employer at least two (2) weeks written notice of the date the pregnancy leave is to begin and a certificate of a legally qualified medical practitioner stating the expected birth date. Paragraph 1 (d) does not apply in the event that the employee stops working because of complications caused by her pregnancy or because of a birth, still-birth or miscarriage that happens earlier than the employee was expected to give birth. In such case, the employee must, within two (2) weeks of stopping work, give the Employer written notice of the date the pregnancy leave began or is to begin and must give a certificate from a legally qualified medical practitioner that: (i) (ii) in the event the employee stopped working because of complications caused by her pregnancy, states the employee is unable to perform her duties because of complications caused by her pregnancy and states the expected birth date; or in the event of birth, still-birth or miscarriage that happens earlier than the employee was expected to give birth, states the date of the birth, still-birth or miscarriage and the date the employee was expected to give birth. (f) An employee who has given notice: (i) (ii) to begin pregnancy leave may change the notice to an earlier date if the employee gives the Employer at least two (2) weeks written notice before the earlier date or to a later date if the employee gives the Employer at least two (2) weeks written notice before the leave was to begin; to end pregnancy leave may change it to an earlier date if the employee gives the Employer at least four (4) weeks written notice before the earlier date or to a later date if the employee gives the 21

23 Employer at least four ( 4) weeks written notice before the date leave was to end. Parental Leave (a) An employee who has been employed by his or her employer for at least thirteen (13) weeks and who is the parent of a child is entitled to a parental leave of absence without pay following the birth of a child or the coming of the child into the custody, care and control of the employee parent for the first time. (b) (c) (d) Parental leave ends eighteen ( 18) weeks after it began or on an earlier day if the employee gives the Employer at least four ( 4) weeks written notice of that date. Such parental leave may begin no more than thirty-five (35) weeks after the day the child is born or comes into the custody, care and control of a parent for the first time. The parental leave of an employee who takes a pregnancy leave must begin when the pregnancy leave ends unless the child has not yet come into the custody, are and control of the employee parent for the first time. The employee must give the Employer at least two (2) weeks written notice of the date the parental leave is to begin. The employee need not give such notice in the event the employee who is the parent stops working because the child comes into the custody, care and control of the employee for the first time sooner than expected. In such case, the parental leave begins on the date the employee stops working provided that the employee gives the Employer notice in writing that the employee wishes to take parental leave within two (2) weeks of stopping work. An employee who has given notice: (i) (ii) to begin parental leave may change the notice to an earlier date if the employee gives the Employer at least two (2) weeks written notice before the earlier date or to a later date if the employee gives the Employer at least two (2) weeks written notice before the leave was to begin. to end parental leave may change it to an earlier date if the employee gives the Employer at least four (4) weeks written notice before the earlier date or to a later date if the employee gives the Employer at least four (4) weeks written notice before the date leave was to end. 22

24 Employee Benefits An Employee: (i) (ii) who elects not to participate in the benefit plans and who elects not to contribute his or her contribution towards the premium costs of the said benefit plans shall advise the Employer in writing at the same time as he or she initially advises the Employer in writing of the date the pregnancy or parental leave is to begin (by agreement). Subject to paragraph.04 below, an employee who fails to so advise the Employer in writing will be deemed to elect to participate in the said benefit plans and will be deemed to agree to pay his or her contribution towards the premium costs of the said benefit plans (by agreement) An employee who elects or is deemed to elect to participate in the benefit plans during the pregnancy or parental leave shall pay to the Employer his or her full contribution owing at least one (1) week in advance of the first of each month of coverage as a condition for participation in the said benefit plans and for the Employer paying its contribution of the premium costs for the said benefit plans. It is understood that the failure of the employee to provide its portion of the benefit premium cost will result in the cancellation of the benefits by the Employer. Seniority Seniority and service continues to accrue during pregnancy leave or parental leave. Reinstatement Subject to paragraph.07 below, the Employer shall reinstate the employee who has taken pregnancy leave or parental leave when the leave ends to the position the employee most recently held with the Employer, if it still exists, or to a comparable position, if it does not If the Employer's operations are suspended or discontinued while the employee was on leave and have not resumed when the leave ends, the Employer shall reinstate the employee, when the operations resume, in accordance with the Employer's seniority system or practice, if any The Employer shall pay a reinstated employee wages that are at least equal to the greater of the wages the employee was most recently paid by the Employer or the wages that the employee would be earning had the employee worked throughout the leave. Sanctions The Employer shall not intimidate, discipline, suspend, lay off, dismiss or impose 23

25 a penalty on an employee because the employee is or will become eligible to take, intends to take or takes pregnancy leave or parental leave. ARTICLE 28- STAFF TRAINING All employees are required to obtain, and maintain, a valid First Aid and CPR Certificate Where First Aid Certification training is available through the Employer, the employee shall obtain the training through the Employer, unless otherwise agreed by the Employer. 28:03 If the Employer does not provide such training within the probationary period and/or ninety (90) days of the expiration date of the certification, and instead directs the employee to outside training, the Employer will reimburse the employee for the approved cost of the course. ARTICLE 29 - PRINTING The parties agree that they will equally share the cost of printing the Collective Agreement. ARTICLE 30- LABOUR/MANAGEMENT COMMITTEE (a) The parties shall meet to discuss issues relating to the workplace which may affect the parties or any employee bound by this Agreement. The meeting shall be held at a mutually agreed upon time and date. Such meeting shall not take place any more than every three (3) months. (b) (c) A request for a meeting will be made in writing and shall include an agenda of matters proposed for discussion. The committee shall be comprised of no more than three (3) individuals on behalf of the employees and two (2) individuals on behalf of the employer. It is expressly understood that the Union Representative will be one of the three (3) individuals on behalf of the employees. ARTICLE 31- LETTERS OF REPRIMAND Letters of reprimand are to be removed from employee's personnel record file after twelve (12) months from the date of discipline except in the case of incidents involving third party interface (i.e. residents, families and Ministry). 24

26 Suspension Records of suspension are to be removed from an employee's personnel record file after twelve (12) months from the date of discipline except in the case of incidents involving third party interface (i.e. residents, families and Ministry) The Employer shall provide the employee with a copy of any written warning. ARTICLE 32- HEALTH AND WELFARE AND PENSION The amount of and eligibility for benefits referred to in this article are subject to the terms and conditions of the policy or policies of insurance providing such benefits. Any dispute as to the entitlement to benefits provided under the policy or policies of insurance is between the employee and the insurer. It is understood that the Employer's obligation is restricted to the payment of its portion of the premiums necessary to enroll employees in the benefit plans described in this article. Participation is mandatory The Employer agrees to pay the following premium charges for the benefits/insurance plans for non-probationary, eligible full-time employees who qualify under the terms of such plans: (a) Group Life Insurance Seventy-Five percent (75%) of the premium of eligible employees in the active employ of the Employer for group life insurance coverage offered with insurance coverage equal to the value of the employee's earnings to a maximum of fifty thousand dollars ($50,000.00). (b) Accidental Death and Dismemberment Seventy-Five percent (75%) of the premium for accidental death and dismemberment coverage of eligible employees in the active employ of the Employer with insurance coverage equal to the value of the employee's earnings to a maximum of fifty thousand dollars ($50,000.00). (c) Extended Health Care Seventy-Five percent (75%) of the premium for coverage of eligible _ employees in the active employ of the Employer for extended health care insurance coverage as described in the plan. Vision Care Extended Health Care coverage shall include a Vision Care benefit of up to three hundred dollars ($300.00) every twenty-four (24) months for corrective eye glasses/contacts and up to one hundred dollars ($ ) every 24 months for eye examinations. 25

27 (d) Dental Care Seventy-Five percent (75%) of the premium for coverage of eligible employees in the active employ of the Employer Long Term Disability Full-time employees in the active employ of the Employer agree to pay Twenty Five percent (25%) of the premium for coverage to replace two-thirds (2/3) of the employee's salary to a maximum of the insureds monthly salary Pension Commencing April 1, 2007, each Eligible Employee shall contribute for each pay period an amount equal to four percent (4%) of Applicable Wages to the Plan. The Employer shall contribute on behalf of each eligible Employee for each pay period, an amount equal to four percent (4%) of Applicable Wages to the Plan. The Employee and Employer contributions shall be remitted to the Plan by the Employer within thirty (30) days after the end of the calendar month in which the pay period ends for which the contributions are attributable. The Employer shall remit all contributions in the manner directed by the Administrator of the Plan. Participation is mandatory. For Plan details refer to Schedule "8". ARTICLE 33- MINIMUM REPORTING ALLOWANCE If an employee reports for work at the regularly scheduled time for their shift and no work is available, such employee will be entitled to a minimum of four (4) hours pay at the employee's regular rate provided that: (a) (b) (c) The employee has not been previously notified by the Employer to the contrary, either orally or by message left at the employee's residence at least one (1) hour prior to the shift starting time; If requested by the Employer, the employee shall perform a minimum of four (4) hours work as the Employer may assign; An employee will not be paid if the reason for no work is beyond the control of the Employer, such as a natural disaster. ARTICLE 34- DURATION AND TERMINATION This Agreement shall continue in effect until the 31st day of March 2020, and thereafter from year to year unless amended through negotiations Notice of intent to amend this Agreement shall be given by either party to the other in writing ninety (90) days prior to the expiry date and negotiations with respect thereto shall begin within fifteen (15) days after filing notice to bargain for a new amended Collective Agreement. 26

28 Dated at this the day of SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1 CANADA LIONS MciNNES HOUSE /?7Jt c/.,_l \ Q~,_,\(V)~.z 7 2~ 27

29 APPENDIX A- PART-TIME/CASUAL EMPLOYEES ADDENDUM 1.01 The parties agree that the collective agreement shall apply to part-time and casual employees as set out in this addendum which shall be considered part of the collective agreement. The Collective Agreement shall be read as if amended by the provisions set out below Article Probationary Period Newly hired part-time and casual employees will serve a probationary period of Six Hundred (600) hours worked from the date of hire and will have no seniority during this period Article 12 - Seniority Part-time and casual employees shall have a separate seniority list from full-time employees. Part-time and casual employees shall accumulate seniority on the basis of number of hours worked to a maximum of 2080 hours per year. For the purposes of transfers from full-time to part-time only, and visa versa, a full year of seniority shall consist of Two Thousand and Eighty (2080) hours worked Article 13 - Job Posting Qualified part-timers and casual employees, in order of seniority, shall be given the first opportunity to temporarily replace full-timers until the position is filled as set out in the Job Posting Article Article 16 - Hours of Work. Part time and casual employees will be paid for all time worked and are not eligible to bank lieu time or overtime, but rather shall be paid out for all time worked. The normal hours of work of part-time employees shall be less than 32 hours of regularly scheduled work per week Article 17 - Paid Holidays. The recognized Paid Holiday for part-time/casual employees is as set out in Article Otherwise the ESA is applicable to the part-time/casual employees in respect of paid holidays Article 18 - Sick Leave shall have no application to part-time and casual employees Article 19 - Vacations shall have no application to part-time and casual employees. Part-time and casual employees shall receive vacation pay in accordance with the Employment Standard Act Part-time employees will be granted the same entitlements as the full-time 28

30 employees except their time shall be taken within a seven (7) day period of the bereavement. Bereavement shall have no application to casual employees Article 22 - Jury and Witness Duty shall have no application to part-time and casual employees Article 32 - Health and Welfare and Pension shall not apply to part-time or casual employees, except that part-time and casual employees are entitled to and required to participate in the pension under article

31 SCHEDULE "A" Effective January 01, 2017 (including Pay Equity): Position START After Six FT -After Six (6) FT - After Twelve Hundred (600) Months (12) Months hours Seniority Seniority PT- after 1040 PT - after 2080 hours hours lnterveno r Part-time I Casual. SCHEDULE "A" Effective Apri11, 2017: Position START After Six FT -After Six (6) FT - After Twelve Hundred (600) Months (12) Months hours Seniority Seniority PT - after 1040 PT - after 2080 hours hours lnterveno r Part-time I Casual 30

32 SCHEDULE "A" Effective April 01, 2018: (includes 1% increase) Position START After Six FT -After Six {6) FT - After Twelve Hundred {600) Months {12) Months hours Seniority Seniority PT- after 1040 PT - after 2080 hours hours lnterveno r Part-time I Casual SCHEDULE "A" Effective April 01, 2019: (includes 1% increase) Position START After Six FT -After Six {6) FT - After Twelve Hundred {600) Months {12) Months hours Seniority Seniority PT- after 1040 PT - after 2080 hours hours lnterveno r Part-time I Casual LUMPSUM PAYMENT Provided ratification occurs prior to March 24, eligible employees will receive a lumpsum payment, less statutory deductions, by separate cheque payable as soon as possible after ratification but in any case, prior to March 31,

33 MEMORANDUM OF AGREEMENT Re: Funds Available for Wages The Employer agrees that should any additional funds become available from the Ministry of Community and Social Services which are attributed to compensation of the bargaining unit, the Employer will provide full disclosure of relevant documentation, meet with the Union to discuss and distribute the funds to the members of the bargaining unit. Signed at Brantford on this day of FOR THE UNION FOR THE EMPLOYER 32

34 LETTER OF UNDERSTANDING- #1 Re: Vacation Scheduling With respect to the scheduling of vacations, the Employer shall, wherever possible, considering scheduling emergencies, grant and schedule vacation leaves which would be earned during the full year since the employee's anniversary date. The following example is for clarification. An employee's anniversary date is January 1 and the employee is earning 3 weeks per year for January 1 to December 31. The Employer will, where possible, allow the employee to schedule the 3 weeks earned over that year during the year, such as in the summer. Subject to the collective agreement and operational and/or staffing requirements, vacations may be scheduled at any time during the year, and employees may express their preference for the timing of their vacation. An employee may not request more than two (2) weeks off in a row for the period between May 15th and September 15th of each year. Due consideration will be given where possible. To be considered by seniority, employees must submit vacation requests in writing prior to February 1 of each year for the current calendar year. The vacation schedule will be confirmed by the Employer in writing by February 28 of each year. When two (2) or more vacation requests, which overlap in some way, are received by the Employer at the same time, seniority will prevail in determining which request is approved. Provided operational requirements can be met, more than one employee may be allowed vacation at the same time. - Vacation requests made after February 1 of each year will be considered on a first come, first served basis. Employees shall make their request in writing at least fourteen (14) days in advance of the month in which the leave is requested. The Employer will respond within ten (1 0) working days, exclusive of Saturday, Sunday and statutory holidays, of the date ~f the request. 33

35 LETTER OF UNDERSTANDING - #2 Re: Breaks During the course of any eight (8) hour shift the employee will be scheduled a break. During such break employees will not be allowed and cannot leave the premises. Employees will be required to respond to requests for assistance from other staff during this time. Monitor room usage Punch clock required 2 x 15 minute breaks or 30 minute break to be discussed. LETTER OF UNDERSTANDING- #3 Re: Recreational Activities The Employer will continue the practice and policies regarding employee participation in clients' recreational activities. LETTER OF UNDERSTANDING- #4 Re: CPI Training All employees will receive non-violent crisis prevention intervention training within the probationary period and/or ninety (90) days of the expiration date of the certification. At present this takes the form of CPI training but the Employer reserves the right to substitute another form of such training in the future, eg. SoftTouch. LETTER OF UNDERSTANDING - #5 Re: Credit Check Letters: Upon written request to the Administrator, the Employer will provide an employee a letter of employment in the following format. Employees will not make such requests more than three (3) times per year. (Letterhead) Date To Whom it may concern: This letter will confirm emolovee has been employed by ---=E=-=-m:..:.~p=lo=-yL..::e:..:.. r since date of hire. 34

36 Employee is currently employed as a(n) classification. The current hourly rate for this position is =$ : For the calendar year (year),.l(~e:!..!.m.!.t:p:.!.::lo~y~e~e~ ' s'j..) earnings, pert 4 statement, were $ Administrator LETTER OF UNDERSTANDING- #6 Re: Public Holidays Commencing the Victoria Day holiday in 2017, and for the duration of the Collective Agreement, the following shall apply on a trial basis instead of the language in at page 12: (a) Where a public holiday falls on a non-working day, the employee shall be given another normal working day off with pay, or, if the employee agrees, the Employer will pay the employee the regular wage for the public holiday. If an employee is not scheduled to work on a paid holiday and they choose for public holidays other than December 25, December 26, and January 1* not to be paid their regular pay, they must request to take their lieu day by giving a minimum of ten (10) business days' notice to be taken within sixty (60) days of the public holiday provided that operational needs allow. If the lieu day is not or cannot be scheduled within sixty (60) days of the public holiday it will be paid out. The Employer will continue to provide the internal request stat day form (ie. the green form) one (1) month in advance of the holiday and the employees may indicate the date wanted on that form. To be considered by seniority the form must be returned within one (1) week and the Employer will respond within five (5) days of that week. (* identified concern is inability to schedule- Good Friday, Easter Sunday, July 1, Dec. 25, 26, and Jan. 1 within 60 day period as each day would could result in approximately 10 individual requests for a day off. For July 1 -would be during summer months. For Good Friday and Easter Sunday - would be approx. 20 individual request for day off within 2 month period. For Xmas /Boxing Day and New Years' would be approx. 30 individual request for a day off within 2 month period. Therefore maintain current practice of pay out only for Dec. 25, 26 and Jan.1) (b) If an employee is scheduled to work on the public holiday and works on a public holiday, the employee must be paid at least time and onehalf the regular rate for those hours worked, in addition to the employee's regular day's pay for that public holiday. Where a public 35

37 holiday falls on a working day, the employee may request the day off. In order to be considered, by seniority, the request must be made thirty (30) days before the public holiday. The Employer will give due consideration to such requests and where the Employer is able to authorize any such request(s) for the day off, the employee will receive their regular day's pay. It is expressly understood that requests made in respect of vacation scheduling and lieu day scheduling in Article 17.02(a) will take priority. (c) (d) The list of prior year's vacation approvals for the Christmas period will remain posted. The Employer will allow reasonable trade of shifts or days to facilitate time off. An employee who does not qualify for a paid holiday must be paid at least time and one-half the employee's regular rate for each hour worked on a public holiday. LETTER OF UNDERSTANDING #7 Re: One Time Monies If the Employer determines that there will be one-time fiscal monies available for the bargaining unit that would otherwise have to be returned to the Ministry at fiscal year end, the Employer and the Union will meet in the last quarter of the fiscal year to discuss the disbursement of such funds. Signed at Brantford on this day of FOR THE UNION FOR THE EMPLOYER 36

38 SCHEDULE "8" PARTICIPATION AGREEMENT (For Provinces Other Than Quebec) This Agreement made this 21st day of February, BETWEEN: MciNNES HOUSE (the "Employer'') -AND- MULTI-SECTOR PENSION PLAN by its Trustees (the 'Trustees") In consideration of the Employer becoming a participating employer in the Multi-Sector Pension Plan (the "Plan") by making contributions to the Plan in accordance with the collective agreement between the Employer and Local 1 Canada of the SERVICE EMPLOYEES INTERNATIONAL UNION (the "Union"), and in consideration of the Trustees making benefits available to the employees of the Employer on whose behalf contributions are being made, the parties agree as follows: The Employer shall make contributions to the Plan in accordance with the terms of the collective agreement dated the 1st day of April, 2007(the "Collective Agreement") failing which the Trustees or Union may take action to collect such amounts owing pursuant to the grievance and arbitration procedures under the Collective Agreement or in any other forum having jurisdiction to do so, including collection of interest, liquidated damages and costs in accordance with the provisions of this Participation Agreement and the Agreement and Declaration of Trust dated February 1, 2002, as amended (Declaration of Trust") which established the Plan. The Employer acknowledges the right and obligation of the Trustees to administer the Fund and provide benefits in accordance with the Declaration of Trust. For the purposes of the Collective Agreement and this agreement, the terms shall have the meanings as described: "Plan" means the Multi-Sector Pension Plan, 37

39 "Applicable Wages" means the basic straight time wages for all hours worked and in addition: the straight time component of hours worked on a holiday; and holiday pay, for the hours not worked; and vacation pay; and sick pay paid directly by the Employer (but not short term indemnity payments paid by an insurer) which results in the Employee receiving full payment for the hours missed due to illness. Applicable wages includes any sick pay which an Employee is permitted to receive in cash despite not having been absent from the workplace. All other payments, premiums, allowances and similar payments are excluded. "Eligible Employee" means all full-time and part-time employees in the bargaining unit who have completed 975 hours of service and may include management employees excluded from the bargaining unit who have completed 975 hours of service at the discretion of the Employer. Notwithstanding the provisions of paragraph 2 of this Participation Agreement, the financial obligations of the Employer shall in no event exceed the obligation to make contributions as set out in the Collective Agreement, together with interest, damages and costs for which the Employer may be liable relating to a delinquency in making contributions to the Plan pursuant to the Declaration of Trust. The Employer has no obligation to provide the benefits established by the Plan beyond the obligation to make contributions pursuant to the Collective Agreement. In the event that at any time the Plan does not have sufficient assets to permit continued payments under the Plan, nothing contained in the Collective Agreement, Plan or this Participation Agreement or the Declaration of Trust shall be construed as obligating the Employer to make contributions other than contributions for which the Employer is obligated by the Collective Agreement. It is understood that there shall be no liability upon the Employer, Union or the Trustees to provide the benefits established by this Pension Plan if the Plan does not have sufficient assets to make such benefit payments and that the Trustees have the authority to amend benefits, if necessary or advisable. For greater clarity, the Union acknowledges and agrees that other than making its contributions to the Plan as set out in the Collective Agreement and this Agreement, the Employer shall not be obligated to contribute towards the cost of benefits provided by the Plan, or be responsible for providing any such benefits. 38