COLLECTIVE AGREEMENT BETWEEN: VON CANADA- ONTARIO BRANCH SARNIA-LAMBTON SITE. -and- SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1 CANADA

Transcription

1 UNIT NO. 608/608A COLLECTIVE AGREEMENT BETWEEN: VON CANADA- ONTARIO BRANCH SARNIA-LAMBTON SITE -and- SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1 CANADA EFFECTIVE DATE: APRIL 1, 2013 EXPIRY DATE: MARCH 31, 2016

2 INDEX ARTICLE 1 - PURPOSE... 1 ARTICLE 2 - RECOGNITION... 1 ARTICLE 3 - UNION SECURITY... 1 ARTICLE 4- MANAGEMENT RIGHTS... 2 ARTICLE 5- NO DISCRIMINATION... 3 ARTICLE 6- NO STRIKES OR LOCKOUTS... 3 ARTICLE 7- THE UNION COMMITTEE AND REPRESENTATIVES... 3 ARTICLE 8- GRIEVANCE PROCEDURE... 4 ARTICLE 9- SENIORITY LAY-OFF AND RECALL, ADP, JOB POSTING... 7 ARTICLE 10- PERSONNEL FILE ARTICLE 11- LEAVES OF ABSENCE ARTICLE 12- PUBLIC HOLIDAYS ARTICLE 13- PAID VACATION ARTICLE 14- HOURS OF WORK/WORK AND WORK ASSIGNMENTS ARTICLE 15 - MISCELLANEOUS ARTICLE 16- SICK LEAVE PROVISION ARTICLE 17- WORKPLACE SAFETY AND INSURANCE ARTICLE 18- TRAVEL ARTICLE 19- PENSION AND GROUP BENEFITS ARTICLE 20- ORIENTATION AND INSERVICE ARTICLE 21- COMPENSATION ARTICLE 22 - RETROACTIVITY ARTICLE 23- DURATION SCHEDULE "A" HOME SUPPORT STAFF AVAILABILITY LETTER OF UNDERSTANDING- FULL TIME POSITIONS... 28

3 VON CANADA- ONTARIO BRANCH, SARNIA SITE -and- (hereinafter called the "Employer'? SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1 CANADA (hereinafter called the "Union'? ARTICLE 1 - PURPOSE 1.01 The general purpose of this Agreement is to establish mutually satisfactory employment relations between the Employer and Employees for whom the Union is the bargaining agent and to provide for the prompt settlement of complaints, to establish and maintain satisfactory working conditions and wages. ARTICLE 2- RECOGNITION 2.01 The Employer recognizes the Service Employees International Union, Local 1 Canada (SEIU) as the sole bargaining agent of all home support workers employed by the VON Canada - Ontario Branch, Sarnia Site, save and except registered nurses, registered practical nurses, supervisors, persons above the rank of supervisor, office and clerical staff Wherever the feminine pronoun is used in this Agreement, it includes the masculine pronoun, where the context so requires. Where the singular is used, it may also be deemed to mean the plural where the context so requires The Employer undertakes that he will not enter into any other agreement or contract with Employees for whom the Union has bargaining rights either individually or collectively which will conflict with any of the provisions of this Agreement Persons excluded from the bargaining unit shall not perform duties normally performed by Employees in the bargaining unit which shall directly cause or result in the lay-off or reduction of hours of work of an Employee in the bargaining unit. ARTICLE 3 - UNION SECURITY 3.01 a) All Employees of this bargaining unit, 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 bi-weekly Union dues to be deducted from their wages and remitted to the Union. 1

4 b) The Employer agrees when forwarding Union dues to submit a list in electronic format, indicating the names, classifications and addresses, including any change of address of those Employees for whom deductions were made, showing the amount deducted. The list will also include the names, addresses, classifications and date of hire of those Employees hired in the preceding month Deductions shall be made on a biweekly basis and forwarded to the Secretary-Treasurer of the Union on or before the 15th of the month following the month in which deductions are made. (When the due date falls on a Saturday, Sunday or Holiday, the remittance is due on the next business day) The Employer shall provide each Employee with a T4 slip showing the dues deducted in the previous year for income tax purposes where such information is or becomes readily available through the Employer's payroll system. The Employer shall also provide T2200's indicating mileage driven for work and payment totals for kilometers The Union and its members shall indemnify and save harmless the Employer with respect to any claims and liability that the Employer might incur as a result of deductions and remittances The Employer agrees that a Union Committee person shall be allowed a fifteen (15) minute period during regular working hours without loss of pay to interview newly hired Employees within the first thirty (30) days of employment. During such interview, membership forms may be provided to the Employee. These interviews shall be scheduled in advance and may be arranged collectively or individually by the Employer at a mutually agreeable time. ARTICLE 4- MANAGEMENT RIGHTS 4.01 The Union acknowledges that it is the exclusive right of the Employer to manage and direct the workforce. The Union further recognizes the right of the Employer to operate and manage its business in all aspects in accordance to its responsibilities The Employer shall not exercise its management rights in such a way as to be in violation of any provision of this Collective Agreement The Employer retains the sole right to make, enforce, and alter from time to time reasonable rules and regulations to be observed by the Employees, provided that such rules and regulations shall not be inconsistent with the provisions of the Collective Agreement. Copies of such rules, regulations, policies and practices will be made available to all Employees and to the Local Union. The Employer agrees to consider any representation made by the Union concerning any change in rules or introduction of new rules. 2

5 ARTICLE 5 NO DISCRIMINATION 5.01 It is agreed that there will be no discrimination by either party on the basis of age, race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, economic status, gender, marital or family status, sexual orientation, or disability nor by reason of political or religious affiliation. No Employee shall be coerced, restrained, or influenced due to membership, activity or inactivity in any labour organization. The parties are in agreement with both the letter and the sprit of the Ontario Human Rights Code. ARTICLE 6 NO STRIKES OR LOCKOUTS 6.01 The Union agrees that there shall be no strikes, and the Employer agrees that there will be no lockouts, as long as this Collective Agreement continues to operate. The terms "strike" and "lockout" shall bear the meaning given to in the Labour Relations Act, R.S.O. 1995, as amended. ARTICLE 7 THE UNION COMMITTEE AND REPRESENTATIVES 7.01 The Employer acknowledges the right of the Union to appoint, elect, or otherwise select a Union Committee composed of three (3) Employees and will recognize and deal with said Committee, including the Staff Representative with respect to any matter which properly arises for its consideration a) b) A Union Management Committee composed of a maximum of two (2) Union and two (2) Management representatives shall meet at the request of either party. Agendas will be exchanged five (5) days prior to each meeting. The purpose of this Committee shall be to discuss matters of mutual concern. A Union Staff member or Employer representative may attend Union Management meetings. The Employer shall pay for time spent for two (2) members of the Union Committee to attend such meetings. In the event that the Employer is required to implement a major reassignment of personnel, a Labour/Management Meeting will be convened for the purpose of discussing the process An Employee shall first obtain permission from her Supervisor in order to attend to meetings with the Employer of the Negotiating Committee, Grievance Committee and/or Union Management Committee. a) The Employer agrees that time spent on the Negotiation Committee up to but not including conciliation, shall be without loss of regular earnings for two (2) Union Committee members. b) The Employer agrees that when attending a grievance meeting with the Employer, the time so spent shall be without loss of regular earnings for the Employee who is subject of the grievance and one (1) Union Committee member. In the case of a grievance meeting with the 3

6 Employer dealing with a group grievance, the time so spent shall be without loss of regular earnings for one (1) Employee from the group and one (1) Union Committee member. c) The Employer agrees that when attending meetings of the Union Management Committee, the time so spent shall be without loss of regular earnings for committee members The Union and the Employer will supply each other with the names of their representatives and all changes thereto Occupational Health and Safety Committee- 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 in accordance with the Occupational Health and Safety Act, R.S.O. 1990, as amended. a) Recognizing its responsibilities under applicable legislation, the Employer agrees to accept as members of its Occupational Health and Safety Committee one (1) representative and one alternative selected or appointed by the Union from amongst the Bargaining Unit Employees. b) Such Committee shall identify potential dangers and hazards; institute means of improving health and safety programs, and recommend actions to be taken to improve conditions related to occupational health and safety. c) The Employer agrees to cooperate reasonably in providing necessary information to enable the Committee to fulfil its functions. d) Meetings shall be held once every three (3) months or more frequently at the call of the Chair, if required. The Committee shall maintain minutes of all meetings and make the same available for review. e) An SEIU Union representative of the Occupational Health and Safety Committee shall be a certified worker representative. Certification Training shall be paid by the Employer. f) The Union agrees to endeavour to obtain the full cooperation of its membership in the observation of all safety rules and practices. ARTICLE 8- GRIEVANCE PROCEDURE 8.01 For the purpose of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Employer or between the parties hereto relating to the interpretation, application or administration of this Agreement, including any questions as to whether the matter is arbitrable and an allegation that this Agreement has been violated. 4

7 8.02 The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible, specify the provisions of the Agreement which are alleged to have been violated At the time formal discipline, which is to be recorded in the employee's personnel file, is imposed or at any stage of the grievance procedure, an employee shall have the right to the presence of his/her steward. In the case of suspension or discharge, the Employer will so notify the employee of his or her right in advance. Should an employee choose not to contact his/her steward, the interview will proceed with the employee and the Employer. The Employer shall provide the Union office with a copy of all discharge notices It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his/her immediate supervisor the opportunity of adjusting his/her complaint. The grievor may have the assistance of a Union Steward if she/he so desires. Early Resolution Such complaint shall be discussed between the employee and his or her immediate supervisor within five (5) days after the circumstances giving rise to the complaint occurred or within five (5) days of when the circumstances ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it shall then be taken up as a grievance within five (5) days following his or her immediate supervisor's decision in the following manner and sequence: Step 1 A Union steward shall submit the signed, written grievance to the Program Manager or designate. The grievor may accompany the Union Steward. The Program Manager will deliver his or her decision in writing within ten (10) days following the day on which the written grievance was presented to him or her. The Union and the Employer may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Step 2 Within five (5) days following the decision in the immediately preceding step, the grievance shall be submitted in writing to the Executive Director. A meeting will then be held between the Executive Director and the Union Steward(s) or Grievance Committee, who may be accompanied by the Union Representative, within ten (10) days of the submission of the grievance at Step 2, unless extended by mutual agreement of the parties. 5

8 The decision of the Employer shall be delivered in writing to the Union Steward and Union Representative within ten (10) days following the date of such meeting 8.05 Failing settlement under the foregoing procedure, any grievance may be submitted to arbitration as hereinafter provided. If no written request for arbitration is received within ten (10) days after the decision under Step 2 is given, the grievance shall be deemed to have been abandoned Policy Grievance A complaint or grievance arising directly between the Employer and the Union concerning the interpretation, application or alleged violation of the Agreement shall be originated at Step 2 within ten (10) days following the circumstances giving rise to the grievance, or within ten (10) days of when such circumstances ought reasonably to have come to the attention of the Union. It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which she/he could have instituted himself/herself and the regular grievance procedure shall not be by-passed. Where the grievance is an Employer grievance, it shall be filed with the Grievance Committee Group Grievance Where a number of employees have identical grievances, and each one would be entitled to grieve separately, they may present a group grievance, in writing, identifying each employee who is grieving, to the Employer or designee within ten (10) days after the circumstances giving rise to the grievance have occurred or within ten (10) days of when such circumstances ought reasonably to have come to the attention of the Union. The grievance shall then be treated as being initiated at Step 2 and the applicable provisions of this Article shall then apply with respect to the handling of such grievance Sole Arbitrator In the event that one party wishes to submit a grievance to Arbitration and is content that the matter be dealt with by a Sole Arbitrator as opposed to a tripartite Board of Arbitration as hereinbefore referred to, the party submitting the grievance to arbitration shall so signify when advising the other party and shall advise as to three (3) alternative choices as to a Sole Arbitrator in addition to that party's nominee to a tripartite board. The recipient of the notice shall in reply advise as to its nominee to a tripartite board and three (3) alternative choices as to a Sole Arbitrator. If the parties can agree to a Sole Arbitrator within fourteen (14) days of the notice referring the matter to arbitration the matter shall be determined by a Sole Arbitrator and failing such agreement the regular Arbitration procedure shall apply. 6

9 The parties may extend the time limits fixed in the grievance, mediation or arbitration procedure by mutual agreement in writing. ARTICLE 9- SENIORITY LAY-OFF AND RECALL, ADP, JOB POSTING 9.01 Seniority for Full-time Employees shall be defined as length of continuous service with the Employer since date of last hire. Seniority for Part-time Employees shall be based on paid hours accumulated with the Employer since date of last hire. It is recognized that eighteen hundred (1800) paid hours equals one (1) year of service. It is understood that regardless of the paid hours, no part time Employee shall be credited with more than one year of service in a calendar year a) b) The Employer will keep two (2) up to date separate seniority lists, one (1) Full-time and Part-time. Such lists will be posted on the Union bulletin board and copies of such current lists will be supplied to the Union Committee twice per year, on January 31st and July 31st. A copy shall be mailed to the Union office. Adult Day Program i) A separate Seniority List shall be maintained for the Adult Day Program. Employees will be scheduled and called based on their seniority within this program. ii) iii) iv) The parties recognize the Adult Day Program (ADP) is a separate classification and program from Home Support. Job openings are posted and filled for any vacancy or new jobs in this program. Scheduling and Call-in will be by seniority. Currently weekends are not required but if they are introduced, all ADP staff will be required to work every other weekend. v) Mail slots will be provided for all staff whose Primary worksite is at the ADP. vi) All ADP staff, where that is the Primary work site, are required to be available for all operational hours of the Program. If additional hours are introduced beyond the current practise, the parties will meet to discuss and implement new work schedules a) The probationary period for Full-time Employees shall be three (3) months worked from date of last hire. After completion of the probationary period, seniority shall be effective from date of hire. Part-time Employees shall be considered to be on probation for a period of four hundred and fifty (450) hours paid. If retained after the probationary period, the part-time Employee shall be credited with seniority four hundred and fifty (450) paid hours. With the 7

10 written consent of the Employer, the probationary Employee, and the Union, such probationary period may be extended. b) Part-time Employees transferring to a Full-time position shall receive a seniority date calculated in accordance with Article 9.01 by taking their accrued seniority based on hours paid at the date of the transfer and calculating backwards from the date of transfer to a seniority date. A Full-time Employee transferring to a part-time position shall take their seniority based on hours paid as per the formula in Article Seniority shall be retained and accumulated when an Employee is absent from work under the following conditions: a) When on approved leave of absence with pay; b) When in receipt of WSIB compensation as the result of injury or illness incurred while in the employment of the Employer; c) When on an approved leave of absence without pay, not exceeding thirty (30) consecutive calendar days; d) When on pregnancy or parental leave, as defined by the Employment Standards Act. Seniority shall accrue based on the average hours worked over the previous three (3) calendar months Seniority shall be retained but not accumulated when an Employee is absent from work under the following conditions: a) When absent on account of personal injury or illness for twenty-four (24) consecutive calendar months; b) When on an approved leave of absence without pay, exceeding thirty (30) consecutive calendar days; c) When absent due to layoff for a period of twenty-four (24) calendar months except that in the event of a loss of the service contract for Home Support Services with the CCAC seniority shall be retained but not accumulated for thirty (30) months when absent due to layoff; 9.06 An Employee shall lose all seniority and her employment shall be deemed to be terminated if she: a) Voluntarily resigns, retires or is discharged for just cause; b) Is absent from work more than twenty-four (24) months by reason of illness or other physical disability; 8

11 c) Is absent from scheduled work for a period of three (3) consecutive working days without notifying the Employer of such absence and without providing a satisfactory reason (s) to the Employer: d) Utilizes a leave of absence for a purpose(s) other than that for which it was granted; or e) Is absent from work more than twenty-four (24) months by reason of layoff except that in the event of a loss of the service contract for Home Support Services with the CCAC seniority shall be lost after thirty (30) months when absent due to layoff. The Union and the Employer agree to abide by the Ontario Human Rights Code. f) Fails to work four (4) scheduled work assignments within a twelve (12) month period without notifying the Employer in advance, or without providing an excuse reasonable to the Employer for booking off. The Employer will notify the employee after each incident and advise to their current status Job Posting - When a vacancy in Home Support or the Adult Day Program occurs or a new job is created, the Employer will post a notice of the vacancy or new job created for a period of seven (7) calendar days indicating the status, program and if possible, the geographic location of the vacancy. During the periods where the Employer is continuously short staffed, it will notify the Union of this situation and it will be assumed that there are vacancies and they will not have to be posted as per this Article. The Employer will also announce notice of the posting to all Employees on the voice mail system. Applicants for the posted position must apply in writing. Where two or more Employees apply, the Employer shall consider ability, experience, and qualifications. Where the above factors are relatively equal seniority shall govern. If no current Employee applies or is qualified to perform the required work, the Employer will fill the vacancy from the outside. Within seven (7) calendar days of the date of appointment to a vacant position, the name of the successful applicant shall be posted on the bulletin board used for that purpose Temporary Vacancies - Replacement for temporary full-time vacancies will be offered in blocks of time to part-time Employees on the basis of seniority. a) Where absences expected to be less than thirty (30) days are replaced, they will be scheduled at the discretion of the Employer, so as to minimize the impact on continuity of care; 9

12 b) Absences expected to be thirty (30) calendar days or more, and all pregnancy/parental leaves where replaced, will be posted and filled according to the provisions of Article If no current Employee applies or is qualified to fill the posted position the Employer may fill the vacancy from the outside of the Bargaining Unit; c) Employees assigned to temporary full-time through the application of this provision will maintain their employment status; d) Employees newly hired to fill temporary vacancies may be released and such release shall not be subject of a grievance or arbitration. If retained in a permanent position, the Employee will be credited with seniority from date of hire subject to successfully completing his/her probationary period. The length of temporary employment may be extended by mutual agreement of the Union and the Employer Layoff and Recall a) i) Where there is a reduction in the workload resulting in a surplus of Employees, the Employer shall lay off Employees in reverse order of bargaining unit seniority provided the Employees remaining are qualified and able to perform the available work. Subject to the above, probationary Employees shall be first laid of; ii) For the purposes of layoff the full time and part time seniority lists shall deem to be merged. b) In the event of a layoff of a permanent or long term nature, the Employer will: i) Provide the Union with no less than thirty (30) calendar days notice of such layoff where possible and; ii) Meet with the Union to review the following; 1) the reasons causing the layoff; 2) the service which the Employer will undertake after the layoff; 3) method of implementation, including the areas of cutback, and the Employees to be laid off; and 4) any other alternatives. iii) iv) Any agreement between the parties regarding amendments to the contract over the layoff process shall be reduced to writing and signed by both parties. A short term reduction in the amount of work available for any given district may result in shift by shift cancellation of scheduled hours of Employees normally assigned to that district, until the caseload 10

13 increases in that district. Such reduction of hours of work will be administered so as to maximize the ongoing continuity within the district. Where the reduction in the amount of work is reasonably expected to continue for six (6) weeks or more or does continue for six (6) weeks or more, Article 9.09 (b) (v) below shall apply. v) Temporary layoff will be defined as a layoff of between six (6) weeks and not more than thirteen (13) weeks, which is required due to a reduction of workload. When such layoff is required, the staff affected will be given thirty (30) calendar days advance notice if possible. When such layoff is required, the Union will be notified and a meeting will be held between the parties to discuss the reasons for the layoff. vi) Permanent layoff will be defined as a layoff that will exceed thirteen weeks due to a reduction in the workload. Any Employee affected by such layoff will be given sixty (60) calendar days notice if possible. The Employer will comply with the provisions as outlined below. c) Benefits on Layoff - In the event of a layoff, provided the Employee deposits with the Employer her share of insured benefits for the month, the Employer shall pay its share of the insured benefits premium for a period up to the end of the month following the month in which the layoff occurs a) b) c) d) e) Unless otherwise agreed between the parties full-time and part-time Employees shall be recalled in order of seniority provided that an Employee recalled is qualified and able to perform the available work. The recall list shall be a combined list of full-time and part-time Employees, listed according to seniority within the bargaining unit. Before any layoff occurs, the Employer may offer early retirement incentive. An Employee on layoff will be given job opportunities (e.g. for temporary vacancies) before any new Employees from outside the branch are hired into that category. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. No new Employees will be hired when there is an Employee(s) on layoff and not working who is qualified and willing to perform the available work. ARTICLE 10- PERSONNEL FILE a) A copy of any completed performance appraisal, which is to be placed in an Employee's file, shall be first reviewed with the Employee. The Employee may initial such performance appraisal and shall have the 11

14 opportunity to add his/her views to such evaluation prior to it being placed in his/her file. A copy will be provided to the Employee. b) Upon request, and after having given reasonable notice, an Employee may review his/her file in the presence of his/her Supervisor or designate and be provided with a copy of any document contained therein. c) Any letter of reprimand, suspension or other sanction will be removed from the record of an Employee twelve (12) months following receipt of such letter, suspension or other sanction provided that the Employee's record has been discipline free for twelve (12) months. d) No document shall be used in disciplinary proceedings against an Employee where it has not been brought to the Employee and Union's attention at the time of the occurrence giving rise to said occurrence. ARTICLE 11- LEAVES OF ABSENCE The Executive Director or designate may grant a request for leave of absence without pay, provided that she receives at least one (1) month's clear notice, in writing, (unless impossible) and that such leave shall be arranged without inconvenience to the normal operations. Employees when applying for such leave shall indicate the proposed date of departure and return. A written reply shall be given within fourteen (14) calendar days of such request, except in case of emergency. Such leave shall not be unreasonably withheld. However leaves of absence will not be considered for Employees to enter into alternate employment Professional & Education Leaves - Leave of absence with or without pay may be granted to an Employee at the discretion of the Employer, to attend professional and education meetings, courses, or other events which may be judged beneficial to the Employee's professional development, especially as it relates to her responsibilities with the Employer. Where and Employee is required by the Employer to attend a course or workshop, the Employer agrees to pay any applicable fee. In addition the Employer agrees to compensate such Employees for missed hours or visits as a result of attending the course, at their applicable straight time hourly or visit rate. The Employer will not be required to pay for attendance at a course or program required by the Provincial Government or its agents Leave of Absence Rules - Where any leave of absence without pay exceeds thirty (30) continuous calendar days, the following shall apply: a) The Employer shall pay its share of the health and welfare benefits for the calendar month in which the leave commences; 12

15 b) Seniority, service, vacation pay or any other benefits under any provision of this Agreement or elsewhere, will not accumulate, but will remain fixed at the amount held at the commencement of the leave; c) No Employee will accumulate seniority and service while on leave of absence unless otherwise stated, but seniority and service established at the point of leave will be reinstated upon return to work. While an Employee is on pregnancy or parental leave, seniority and service will be accumulated in accordance with Article 9.04; d) The Employee's anniversary date shall be adjusted by the length of the leave in excess of the thirty (30) continuous calendar days, and, the new anniversary date shall prevail thereafter; e) Notwithstanding the above, the Employer shall continue to pay its share for the premium for the benefit plans for Employees who are on paid leave of absence, pregnancy/parental leave or receiving WSIB compensation for a maximum of one year while receiving WSIB Compensation, provided that the Employee provides the Employer with post dated cheques or other suitable payment accordingly Union Leave a) The Employer may grant leaves of absence without pay to Employees to attend Union Conventions, Seminars, Education Classes or other Union business. The Union agrees that such leave will not unduly affect the efficient operation of the branch. b) In requesting such leaves of absence, the Union must give fourteen (14) calendar days clear notice to the Employer to be confirmed by the Union in writing. c) Where such leave has been granted under Article (a) above, the Employer will continue to pay such Employee his/her regular wages and benefits. The Union will reimburse the Employer upon receipt of a detailed invoice for the paid wages and benefits. d) The Employer may grant a leave of absence without pay and benefits to an Employee who is elected or selected for a full-time position with the Union or any body with which the Union is affiliated. Seniority will be retained but not accumulate during such leave for a maximum of twentyfour (24) months Pregnancy Leave - Pregnancy Leave will be granted in accordance with the Employment Standards Act of Ontario unless otherwise amended. a) i) An Employee who is pregnant shall be entitled, upon application, to pregnancy leave and parental leave immediately thereafter. Pregnancy leave shall be granted for seventeen (17) weeks as 13

16 provided in the Employment Standards Act, and may begin no earlier that seventeen (17) weeks before the expected birth date. The Employee shall give the Employer at least two (2) weeks notice, in writing, of the day upon which she intends to commence her leave of absence, unless impossible, and furnish the Employer with a certificate of a legally qualified medical practitioner stating that she is pregnant and giving the estimated day upon which delivery will occur. ii) iii) The Employee must have started employment with her Employer at least thirteen (13) weeks prior to the expected date of birth. The Employee shall give at least two (2) week's notice of her intention to return to work. The Employee may, with the consent of the Employer, shorten the duration of the leave of absence requested under this Article upon giving the Employer two (2) week's notice of her intention to do so, and furnishing the Employer with a certificate of a legally qualified medical practitioner stating that she is able to resume her work. Additional leaves of absence may be taken under Article 11.06, Parental Leave. b) An Employee who does not apply for leave of absence under Article (a) (i) and who is otherwise entitled to Pregnancy Leave, shall be entitled to and shall be granted leave of absence in accordance with Article (a) (i) upon providing the Employer, before the expiry of two (2) weeks after she ceased to work, with a certificate of a legally qualified medical practitioner stating that she was not able to perform the duties of her employment because of a medical condition arising from her pregnancy, and giving the estimated day upon which, in her opinion, delivery will occur or the actual date of her delivery. c) During the period of leave, the Employer shall continue to pay the Employer's portion of hospital, insured benefits and other benefits included and prescribed by the Employment Standards Act unless the Employee gives the Employer written notice that the Employee does not intend to pay the Employee contributions. Prior to the commencement of the leave, an Employee who chooses to pay the Employee contributions for such benefits will provide the Employer with post dated cheques or other suitable payment accordingly. d) An Employee who takes Pregnancy Leave shall not terminate her employment before the leave expires or when it expires without giving the Employer at least four (4) weeks' written notice of the termination. If a full time Employee returns to work at the expiry of the normal Pregnancy or Parental Leave, and the Employee's former permanent position still exists, the Employee will be returned to her former job, former shift if designated. 14

17 All Employees who fill vacancies as a result of the above absences shall likewise be returned to their former permanent positions. e) When the Employer has suspended or discontinued operations during the leave of absence and has not resumed operations upon the expiry thereof, the Employer shall upon resumption of operations, reinstate the Employee to her employment or to alternate work in accordance with the established seniority system or practice of the Employer in existence at the time the leave of absence began and in the absence of such a system or practise, shall reinstate the Employee in accordance with the provisions of Article (d). f) Credits for service as applicable including wage increments and vacation entitlement or any other benefit prescribed under the Employment Standards Act shall continue and seniority shall accumulate during the leave in accordance with Article 9.04 (d). g) Upon expiry of seventeen (17) weeks Pregnancy Leave, an Employee may immediately commence Parental Leave, as provided under the Parental Leave provisions of this Agreement. The Employee shall give the Employer at least two (2) week's notice, in writing, that she intends to take Parental Leave Parental Leave - Parental Leave will be granted in accordance with the Employment Standards Act of Ontario unless otherwise amended. a) An Employee who becomes a parent and who has been employed for at least thirteen (13) weeks immediately preceding the date of the birth of a child or the date the child first came into care or custody of the Employee, shall be entitled to parental leave. b) A "parent" includes: the natural mother or father of the child; a person with whom a child is placed for adoption; and a person who is in a relationship of some permanence with a parent of a child and who intends to treat the child as his or her own. c) For Employees on Pregnancy Leave, Parental Leave will begin immediately after Pregnancy Leave expires and ends thirty-five (35) weeks after it began or earlier if the Employee gives the Employer written notice of at least four (4) weeks before the day she wishes the leave to end. For Employees not on Pregnancy Leave, Parental Leave may begin no later than fifty-two (52) weeks after the day the child is born or comes into the Employee's custody, care and control for the first time. Parental Leave ends thirty-seven (37) weeks after it began or earlier if the Employee gives the Employer written notice of at least four (4) weeks before the day she wishes the leave to end. 15

18 d) For the purposes of Parental Leave, the provisions under a), c), d), e), f), and g) shall also apply 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 Branch, the Employee shall not lose regular pay because of such attendance, provided that the Employee: a) Notifies the Employer immediately on the Employee's notification that he will be required to attend at court; b) Presents proof of service requiring the Employee's attendance; and c) deposits with the Employer the full amount of compensation received, excluding mileage, travelling and meal allowance, and an official receipt thereof Bereavement Leave - Following a death in an Employee's immediate family, he/she shall be granted up to three (3) days off, plus two (2) days for travelling if required. A member of his/her immediate family shall mean: brother, sister, spouse, child, mother, father, grandparent, grandchild, son-in-law, daughter-inlaw, mother-in-law, father-in-law, brother-in-law, sister-in law, stepparent, stepchild, same sex partner, legal guardian, fiancee. The Employee shall receive her regular pay for each schedule day of work missed to a maximum of three (3) days within the period which extends from the date of the death, up to and including the day following interment, or three (3) calendar days following the death, whichever is greater. ARTICLE 12- PUBLIC HOLIDAYS a) The Employer agrees to recognize the following paid holidays: New Year's Day Family Day Good Friday Victoria Day Canada Day Labour Day Thanksgiving Day Civic Holiday Christmas Day Boxing Day b) In addition to the paid holidays listed above, each Employee will receive one (1) floating holiday annually, without loss of regular earnings. The floating holiday will be taken during each calendar year at a time mutually agreed by the Employee and the Employer. The floating holiday cannot be scheduled during prime vacation periods (July, August and December 15 to January 15). Premium pay will not be paid for working on a floating day. 16

19 12.02 A full-time Employee who works on any of the above holidays shall be paid for all hours worked at a rate of one and one-half (1%) times his/her regular rate of pay. In addition, he/she shall receive an additional eight (8) hour day off with pay. Such day off shall be taken at a mutually agreed upon time within sixty (60) calendar days following the holiday. A Part-time Employee who works on any of the above holidays shall be paid for all hours worked at the rate of one and one-half ( 1 'h) times his/her regular rate of pay, in addition, he/she shall receive the holiday pay in accordance with Article If desired, the part-time employee may designate a mutually agreed upon future day within sixty (60} calendar days as an unpaid day off in lieu of working the holiday In order to qualify for holiday pay an Employee must work his/her full regular day of work preceding and following the holiday concerned unless the Employee is absent due to illness or vacation and such absence or other absence is approved by the Employer. Any employee absent due to illness preceding or following a holiday or on the holiday itself may be required to provide medical information validating the absence in accordance with Article Paid holiday pay is defined as the total amount of regular wages and vacation pay payable to the Employee in the two (2) pay periods before the work week in which the holiday occurred, divided by twenty (20), as per the Employment Standards Act Employees whose ethnic, religious or spiritual affiliation may lead them to request a substitute holiday with pay must arrange this with the Supervisor. This arrangement will be made only in the case of staff whose ethnic, religious or spiritual status does not correspond with the public holidays listed above. No more than the number equivalent days per year may be substituted Employees will select one of Christmas Day or Boxing Day. After the initial selection, the day off for each employee will switch each year. Employees will then select by November 1 81 each year four (4) of the following holidays that they wish to not work. New Year's Day Good Friday Canada Day Labour Day Family Day Victoria Day Civic Holiday Thanksgiving If any employee is scheduled to work any of the above holidays and that holiday occurs on an employee's regularly scheduled day off, then the employee is required to work. Employees may exchange scheduled Paid Holiday shifts with each other following their assignment on a posted schedule, providing the exchange is approved by the Employer. Such approval shall not be unreasonably denied. 17

20 Seniority will be the determining factor to resolve any conflicts When employees are required to work on a holiday, the Employer will endeavour to provide a minimum of six (6) hours per holiday shift where the hours are available. ARTICLE 13- PAID VACATION The vacation entitlement date in any year shall be April 1st. All full-time Employees shall be granted vacation with pay as follows: a) Less than one (1) year of full-time continuous service: 1.25 days per month with pay; b) One (1) or more years, but less than three (3) years of full-time continuous service: 3 weeks (15 days) with pay; c) Three (3) or more years, but less than fifteen (15) years of full-time continuous service: 4 weeks (20 days) with pay; d) Fifteen (15) or more years, but less than twenty-five (25) years of full-time continuous service: 5 weeks (25 days) with pay; e) Twenty-five (25) or more years of full-time continuous service: 6 weeks (30 days) with pay Should a paid holiday fall on an Employee's vacation period he/she shall receive an additional vacation day with pay An Employee may not change his/her authorized vacation time without the prior approval of his/her immediate Supervisor or designate a) b) Part time Employees who have completed one (1) or more years of service shall be entitled to unpaid vacation leave in each vacation year equivalent to the full time entitlement set out in For purposes of determining vacation entitlement for part-time Employees, one (1) year = 1800 hours. In lieu of paid vacation, part time Employees shall receive six percent (6%) of gross earnings as vacation pay. Vacation pay shall be paid on each pay period Employees who are absent from employment will have their paid vacation time prorated and adjusted, except for: Scheduled days off Vacation and paid holidays Paid sick leave Absences of any other kind for up to one (1) month. 18

21 In interpreting this provision, the entitlement as set out in above shall remain the same. Such entitlement may be unpaid time off at the Employee's request and subject to all other terms and conditions of the Collective Agreement The vacation period shall be from April 1 to March 31 in each year. Insofar as it is practical to do so, having regard to the necessity of maintaining the efficient operation of the Employer, vacation requests will be considered as follows: a) There shall be three (3) vacation scheduling periods: April to August, September to December and January to March. b) Request for vacation in the April to August period shall be submitted in writing to the supervisor by February 15th and the schedule will be approved by March 15th. Requests for the September to December period shall be submitted in writing to the supervisor by July 15th and the schedule shall be approved by August 15th. Requests for the January to March period shall be submitted in writing to the supervisor by November 15th and the schedule shall be approved by December 15th. If an employee wishes to ask for vacation in advance of the above schedule, they may do so and it will looked at on a case by case basis and approval will not be unreasonably denied. There is no vacation blackout period but viable operations are to be maintained at all times. c) In the case of conflicting requests for vacation, seniority will govern. d) An Employee may be limited to a maximum of two (2) weeks' vacation in July or August. e) Requests made after the dates set out in (b) above may be granted in order received depending on the staffing needs of the district or program Employees shall have the right to split their vacation entitlement into periods of one (1) week or more. The Employer shall grant the utilization of single vacation days up to a maximum of five (5) days per fiscal year. Any unused vacation entitlement as of March , in any calendar year will be paid to the Employee as soon as is practicable thereafter, however, the Employee may be permitted to carry over a maximum of five (5) days of vacation entitlement into the next fiscal year upon mutual agreement with his/her Manager a) Where a full time Employee's scheduled vacation is interrupted due to serious illness which commenced prior to and continues into the scheduled vacation period, the period of such illness shall be considered sick leave. 19

22 b) Where a full time Employee's scheduled vacation is interrupted due to serious illness requiring the Employee to be an In-patient in a hospital, the period of such hospitalization shall be considered sick leave. c) The portion of the Employee's vacation, which is deemed to be sick leave under the above provisions, will not be counted against the Employee's vacation credit. ARTICLE 14- HOURS OF WORK/WORK AND WORK ASSIGNMENTS Nothing in this Agreement shall be construed as a guarantee of hours of work per day or per week. The normal average of weekly hours of work for a Full-time Employee shall be forty (40) hours, exclusive of a daily one-half (Yz) hour unpaid meal break. The normal working hours per shift shall be eight (8) hours, exclusive of a daily one-half (Yz) hour unpaid meal break In any normal shift of eight (8) hours, an Employee shall be permitted a paid rest period of fifteen (15) consecutive minutes in both the first half and the second half of each scheduled work period. For a shift of any other duration, the provisions of the Employment Standards Act shall prevail The overtime rate of one and one-half (1Yz) times an Employee's regular rate shall be applied to all hours worked in excess of eighty (80) hours in a two (2) week pay period Overtime must be preauthorized by the Employee's Supervisor. Where an Employee's workload necessitates working additional time, he/she will be offered the opportunity to perform the additional work. However the Employer will not be required to offer such work if in doing so overtime results. From time to time Employees may be required to work overtime to meet the needs of Client care Unless mutually agreed to no Employee shall be required to work in excess of eight (8) hours in any twelve (12) hour period beginning with the first hour worked on that day Overtime shall be on a voluntary basis Davlioht Savings Time - Where there is a change to Daylight Savings from Standard Time or vice versa, an Employee shall be paid for his/her actual hours worked Employees will be required to work normal hours of work on alternating weekends. The Employer will endeavour to provide a minimum of six (6) hours work per weekend shift where the hours are available Employees who are willing to work twelve (12) hour assignments will be asked to submit their written consent to their supervisor accordingly. Employees who have not registered for twelve (12) hour shifts will not be regularly scheduled to 20

23 work them, however, from time to time Employees may work twelve (12) hour shifts by mutual consent Schedules will be posted by the 15 1 h of the previous month and will cover a four (4) week period. Written requests for days off or availability changes must be submitted to the Supervisor by the sth of the previous month prior to posting. Any changes to availability after the sth of the month will be reviewed and processed the following month. The Employer may grant such requests at its discretion, however, where more than one Employee submits the same or similar requests, seniority will be used to determine which request, if any, is approved An Employee shall not be scheduled to work more than seven (7) consecutive days. However, Employees may be scheduled to work in excess of seven (7) consecutive days by mutual consent Part Time Work Assignments a) The Employer shall make every reasonable effort to schedule part time Employees up to forty (40) hours per week in accordance with the Employee's commitment and availability and the availability of work. b) Part time Employees must provide availability and make a commitment to work a minimum of twenty (20) hours per week, including evenings and weekends as required, based on their submitted availability. The Employer and the Employee may mutually agree to minimum hours of work that are less than twenty (20) hours per week. c) The Employer will distribute Availability Forms to all Employees. Employees will submit an Availability Form. Employees will be required to accept all assignments within their stated availability unless an approved absence has been granted. Employees may with six (6) weeks notice, request a change in availability by submitting a new availability form. Employees may only submit up to three (3) availability forms per year. d) Part time Employees shall be scheduled work assignments by seniority within their district subject to: i) their availability; ii) iii) the skills and experience required in the specific assignment; and the ability to meet specific Client needs. e) An Employee's ability to meet specific Client needs shall be determined based on the following criteria: i) urgency of Client need; ii) ability to provide appropriate care to the Client; 21