HOUSTON HEALTH CARE SERVICES SOCIETY

Transcription

1 COLLECTIVE AGREEMENT between HOUSTON HEALTH CARE SERVICES SOCIETY and the BRITISH COLUMBIA NURSES' UNION January 1, 1994 to March 31, 1996

2 TABLE OF CONTENTS PAGE i ARTICLE 1 - PREAMBLE AND DEFINITIONS Preamble Definitions 1 ARTICLE 2 - RECOGNITION AND RIGHTS Recognition Scope of Agreement Invalid Articles Employer's Rules and Regulations Individual Agreements Precedence of Agreement Bulletin Boards Accessibility Copies of Agreement Stewards Strikes and Picket Lines 4 ARTICLE 3 - EMPLOYER'S RIGHTS... 5 ARTICLE 4 - UNION SECURITY AND DUES DEDUCTIONS Security Union Deductions 5 ARTICLE 5 - UNION/MANAGEMENT COMMITTEE Responsibilities of Committee 6 ARTICLE 6 - GRIEVANCE PROCEDURE Resolution of Differences Step Step Step Industry Troubleshooter Suspension or Dismissal Grievance Amending Time Limits Policy Grievances Deviation from Grievance Procedure 9 ARTICLE 7 - ARBITRATION... 9 ARTICLE 8 - POSTING OF VACANCIES... 9 ARTICLE 9 - PROMOTION, TRANSFER OR DEMOTION ARTICLE 10 - LAY-OFF AND RECALL Lay-Off Advance Notice 10

3 TABLE OF CONTENTS PAGE ii Benefits Continue Displacement As A Result of Layoffs Recall Laid Off Employees Leaves of Absence 13 ARTICLE 11 - PROBATIONARY PERIOD ARTICLE 12 - SENIORITY Seniority Seniority List Seniority Maintained and Accumulated Loss of Seniority Re-employment 14 ARTICLE 13 - TECHNOLOGICAL CHANGE Disputes Arbitration Notice 15 ARTICLE 14 - JOB DESCRIPTIONS, NEW CLASSIFICATIONS AND CHANGES OF CLASSIFICATIONS Job Descriptions Creation of New Classifications Classification Adjustments Employee Grievances 17 ARTICLE 15 - TERMINATION OF EMPLOYMENT ARTICLE 16 - DISMISSAL, SUSPENSION AND DISCIPLINE Dismissal Suspension Unauthorized Absence Assessment of Professional Competence Disciplinary Procedure Wrongful Dismissal or Suspension Disciplinary Records Appraisal Performance 18 ARTICLE 17 - HOURS OF WORK, MEAL PERIODS AND REST PERIODS Prior Consultation Meal Periods Rest Periods 19 ARTICLE 18 - PAYMENT OF SALARIES AND ALLOWANCES Salaries Pay Period 20

4 TABLE OF CONTENTS PAGE iii In-Hiring Rates of Pay Increments Salary on Promotion Salary on Demotion Temporary Substitution Standby Salary Provision Transportation Allowance Meal Allowance Retirement Allowance Isolation Allowance 23 ARTICLE 19 - SHIFTS AND SHIFT DIFFERENTIAL Definitions Shift Differential 23 ARTICLE 20 - OVERTIME Definitions Authorization and Application of Overtime Overtime Entitlement Overtime for Part-Time Employees Recording of Overtime Sharing of Overtime Right to Refuse Overtime 25 ARTICLE 21 - ACCUMULATION OF TIME Compensation for Statutory Holidays, Overtime and Standby 25 ARTICLE 22 - STATUTORY HOLIDAYS Designated Statutory Holidays Statutory Holidays Falling on Saturday or Sunday Statutory Holiday Falling on a Day of Rest Statutory Holiday Falling on a Scheduled Work Day Statutory Holiday Coinciding With a Day of Vacation Christmas or New Year's Day Off Statutory Holiday Falling on a Scheduled Day on Standby 27 ARTICLE 23 - ANNUAL VACATION Entitlement Scheduling of Vacation Approved Leave of Absence With Pay During Vacations Retirement Vacation Allowance 29 ARTICLE 24 - SICK LEAVE Sick Leave Accumulation Advancement of Sick Leave Deduction of Sick Leave Credits Medical Examinations 30

5 TABLE OF CONTENTS PAGE iv Coverage for Work Related Injuries 30 ARTICLE 25 - LEAVES OF ABSENCE Leaves of Absence With Pay Unpaid Leave of Absence 34 ARTICLE 26 - PARENTAL LEAVE Natural Mother Natural Father Adoptive Parents Return to Employment Bridging of Service 40 ARTICLE 27 - EDUCATION POLICY Academic Bonuses Ancillary Bonuses 42 ARTICLE 28 - HEALTH AND WELFARE Eligibility Death Benefit Unemployment Insurance Pension Plan 44 ARTICLE 29 - TEMPORARY AND CASUAL EMPLOYEES Definitions Seniority on Applying for Regular Positions Loss of Seniority Application of the Agreement Health and Welfare Statutory Holidays Vacation Pay Transfer from Regular Status Hiring Rates of Pay Increments Changing Status 46 ARTICLE 30 - NON-DISCRIMINATION ARTICLE 31 - SAFETY Copies of Regulations Safe Workplace Right to Refuse Unsafe Work Provision of Immunization Transfer of Pregnant Employees Voluntary Treatment 48 ARTICLE 32 - EXEMPT AND SAVE HARMLESS... 48

6 TABLE OF CONTENTS PAGE v ARTICLE 33 - PERSONAL PROPERTY DAMAGE ARTICLE 34 - POLITICAL ACTIVITY ARTICLE 35 - SUPERIOR BENEFITS ARTICLE 36 - TERM OF AGREEMENT Expiration of Agreement Notice to Bargain Commencement of Bargaining Changes in Agreement Effective Date of Agreement Retroactive Pay and Benefits 49 SCHEDULE A Biweekly and Hourly RatesCommunity Nurse 1 51 Biweekly and Hourly RatesCommunity Nurse 2 52 SCHEDULE A Biweekly and Hourly RatesCommunity Nurse 3 53 WAGE SCHEDULE EFFECTIVE MARCH 26, MEMORANDUM OF UNDERSTANDING Re: Home Care Nurses 55 MEMORANDUM OF UNDERSTANDING Re: Vehicle 57 MEMORANDUM OF UNDERSTANDING Re: Pension Plan 58 MEMORANDUM OF UNDERSTANDING Re: Maternity Leave/SUB Plan 59 MEMORANDUM OF UNDERSTANDING Re: Framework Agreement (The Accord) 62 MEMORANDUM OF UNDERSTANDING Re: Job Classification 63 INFORMATION APPENDIX A Industrial Health and Safety Regulations 64

7 ARTICLE 1 - PREAMBLE AND DEFINITIONS i 1.01 Preamble1.01 Preamble The principals to this Agreement recognize the right of an individual to uninterrupted, skillful and efficient care. It is obligatory upon the Employer and its employees to strive for the efficient operation and maintenance of our facilities. Also, in consideration of the maintenance of harmonious relations and settled conditions of employment, and recognizing the mutual value of joint discussions on all matters pertaining to working conditions, hours of work, and salaries, the Employer and Union agree to abide by the terms set out in this Agreement. The Union further agrees that it shall at all times instruct its members to act in accordance with the terms contained in this Agreement. The Employer agrees, in the exercise of the functions of management, that the provisions of this Agreement shall be carried out. The Union and the Employer agree that the two (2) parties shall be bound by the Human Rights Code. Wherever the feminine or singular is used, the same shall be construed as meaning the masculine or plural unless otherwise specifically stated Definitions1.02 Definitions Act Union Continuous Employment Day Standby Employee Employer means the Labour Relations Code means the British Columbia Nurses' Union means the uninterrupted employment with the Houston Health Care Services Society means any twenty-four (24) consecutive hour period means the period of time in which an employee is required to be available for work at a known telephone number means a member of the bargaining unit and includes (a) "regular full-time employee" means an employee who is employed for work which is of a continuous full-time nature; (b) "regular part-time employee" means an employee who is regularly scheduled to work less than the full hours provided in Article 17; (c) "temporary employee" shall mean an employee who is engaged on either a full-time or part-time basis to work on an established schedule for the anticipated period of absence of the employee she is replacing or the anticipated period of a specific project, not exceeding 12 months, in either case; (d) "casual employee" shall mean an employee who is being paid at an hourly rate or daily rate in accordance with Schedule "A" and is employed on an irregular basis.

8 2 means the Houston Health Care Services Society means the twenty-four (24) hour period commencing at 0001 hours of a day designated as a statutory holiday in this Agreement means a period of temporary interruption because of lack of work or because of discontinuation of a function or program means to be absent from duty with permission but without pay means those employees who occupy an established employee position for a trial period not exceeding three (3) calendar months means a change from an employee's position to one with a higher maximum salary level Holiday Lay-Off Leave of Absence Without Pay Probationary Promotion Demotion

9 3 means a change from an employee's position to one with a lower maximum salary level means a voluntary written notice of an employee's intention to terminate her service means severance from employment for just cause means employees within the Employer's service elected or appointed by the Union or its members to represent the Union and its members means a member of the staff of the Union or designated substitute Resignation Termination Stewards Union Representative Spouse shall include common-law (both same sex and opposite sex) husband or wife ARTICLE 2 - RECOGNITION AND RIGHTS 2.01 Recognition2.01 Recognition The Employer recognizes the Union as the exclusive bargaining agent for all employees for whom the Union has been certified as bargaining agent.

10 Scope of Agreement2.02 Scope of Agreement This Agreement applies to all registered and graduate nurses employed by the Employer who are included within the bargaining unit for whom the Union is the certified bargaining agent Invalid Articles2.03 Invalid Articles In the event that legislation or court of competent jurisdiction renders null and void any provision of this Agreement, the remaining provisions of the Agreement shall remain in effect for the term of the Agreement and the parties hereto shall negotiate a mutually agreeable provision to be substituted for the provision so rendered null and void Employer's Rules and Regulations2.04 Employer's Rules and Regulations The Employer shall make available to the Union copies of all relevant position descriptions or class specifications when prepared, amended or introduced. All directives and written rules and regulations affecting the employees covered by this Agreement shall be made available to the Union Individual Agreements2.05 Individual Agreements (a) The Employer agrees not to enter into any agreement or contract with the employees covered by this Agreement, individually or collectively, which in any way conflicts with the terms and provisions of this Agreement. (b) The Union agrees not to enter into any agreement or contract with the Employer covered by this Agreement which in any way conflicts with the terms and provisions of this Agreement, recognizing that HEABC is the accredited bargaining agent Precedence of Agreement2.06 Precedence of Agreement In the event that there is a conflict between the content of this Agreement and any regulation made by the Employer, or on behalf of the Employer, this Agreement shall take precedence over the said regulation. Written rules and regulations governing the conduct of employees covered by this Agreement shall be sent to the Union Bulletin Boards2.07 Bulletin Boards The Employer shall provide adequate space on bulletin boards, the site to be determined by mutual agreement for the posting of such notices as the Union from time to time wishes to post Accessibility2.08 Accessibility Union Representatives shall have access to the Employer's facility by first notifying the designated supervisory official, in advance, of their intention and their purpose for entering and shall not interfere with normal operations. The Union shall provide the Employer with names of Union Representatives for dealing with Employer representatives. The Employer shall provide the Union with names and positions of the designated representatives for dealing with the Union.

11 2.09 Copies of Agreement2.09 Copies of Agreement The Union shall print and provide a copy of this Agreement for each employee Stewards2.10 Stewards (a) The Employer agrees to recognize employees who are designated by the Union as Stewards to act on behalf of employees. (b) A list of Stewards shall be supplied to the Employer and the Employer shall be advised immediately by the Union in writing of any change in this list. (c) The duties of Stewards include the investigation of grievances and assisting any employee which the Steward represents in preparing and presenting a grievance in accordance with the grievance procedure, supervision of ballot boxes and other related functions during ratification votes, attending meetings called by management, accompanying employees at meetings of a disciplinary nature, and handling any other related duties normally accorded to representatives of a Union. (d) Any employee may request that a Steward be present at any time the employee meets with the Employer. The Employer shall indicate to the employee the intended purpose of a scheduled interview. (e) One (1) Steward or her alternate shall be entitled to reasonable time without loss of salary to perform these duties. (f) A Steward or her alternate must seek permission from her immediate supervisor before leaving her work station. Such permission shall not be unreasonably withheld. On resuming her normal duties, the Steward shall notify her supervisor Strikes and Picket Lines2.11 Strikes and Picket Lines (a) It is mutually agreed that there shall be no strike or lock-out during the term that this Agreement is in force. (b) Subject to any Labour Relations Board directive, or any Labour Relations Board ruling deeming a picket line to be illegal, if an employee employed under the terms of this Collective Agreement refuses in good conscience to cross a legal picket line established by other employees, the employee shall not be subject to disciplinary action by the Employer and shall be considered to be absent without pay. (c) Any employee refusing to cross a picket line shall be considered to be absent without pay unless such refusal does not unduly interfere with the proper discharge of her duties, in which case the employee shall not suffer loss of pay. (d) The Employer agrees not to instruct employees to perform tasks other than those they would expect to perform in the normal course of their duties. (e) In the event of a strike, proposed strike or apprehended action by a Union other than the signatory to this Agreement, the Employer and the Union agree to meet in order to determine the essential services which shall be continued by the employees.

12 6 ARTICLE 3 - EMPLOYER'S RIGHTS The Union acknowledges that the management and direction of employees in the bargaining unit is retained by the Employer except as this Agreement otherwise specifies. ARTICLE 4 - UNION SECURITY AND DUES DEDUCTIONS 4.01 Security4.01 Security (a) Employees covered by the Certification who are members of BCNU, shall maintain their membership in good standing as a condition of continuing employment. (b) New employees covered by the certification shall become members of BCNU and shall maintain membership in good standing in BCNU as a condition of continuing employment Union Deductions4.02 Union Deductions (a) All employees who are covered by the Certificate of Bargaining Authority shall, as a condition of continuing employment, authorize a deduction from their pay cheques in the amount of the Union dues, levies and assessments payable to the Union by a member of the Union. The Employer shall provide a copy of the authorization form, which has been forwarded by the Union, to each new employee. (b) Upon receipt of written notice from the Union, the Employer shall terminate the services of any employee who does not authorize the deduction as above. (c) The Employer agrees to deduct the amount of the Union dues, levies and assessments payable to the Union by a member of the Union's bargaining unit. (d) The Union shall inform the Employer in writing of the amount to be deducted from each employee. The Union shall advise the Employer in writing sixty (60) calendar days in advance of any change in the amount to be deducted. (e) The Employer shall remit such Union dues, levies and assessments to the Union within twenty-eight (28) calendar days from the date of deduction, together with a written statement containing the names of the employees from whom the deductions were made and the amount of each deduction. (f) The Employer shall supply each employee, without charge, a T-4 slip showing the amount of the deductions paid to the Union by the employee in the previous year. Such receipts shall be provided to the employee prior to March 1st of the succeeding year. (g) wages. Deductions for Union levies and assessments shall be a percentage of ARTICLE 5 - UNION/MANAGEMENT COMMITTEE

13 A Union/Management Committee shall be established. The Employer and the Union shall each appoint two (2) representatives to the Union/Management Committee The Chairmanship of the Union/Management Committee shall alternate between an Employer representative and a Union representative Meetings of the Committee shall be held at the call of the Chairman as promptly as possible upon request in writing of either party Responsibilities of Committee5.04 Responsibilities of Committee The Committee shall meet to discuss matters of mutual concern in order to foster better relations between the Employer and its employees. The Committee shall not have the power to bind the Union or its members, or the Employer to any decision or conclusion reached in discussion; the Committee shall have the power to make recommendations to the Union and the Employer. The Committee shall not have jurisdiction over any matter contained in this Collective Agreement, including its administration or re-negotiation. The Committee shall not supersede the activities of any other committee of the Union or of the Employer. ARTICLE 6 - GRIEVANCE PROCEDURE 6.01Resolution of Differences6.01Resolution of Differences Whenever a difference arises between the parties or any person bound by this Agreement concerning its interpretation, application, operation or alleged violation, including the question of whether the difference is arbitrable, or the discipline of an employee, the alleged grievance shall be dealt with progressively in the following manner without stoppage of work or refusal to perform work. Suspensions and dismissals shall be dealt with pursuant to Article Step Step 1 The Employer and the Union agree that every effort shall be made to settle the dispute at the local level. The aggrieved employee with or without her Steward shall discuss the matter with her immediate supervisor. If the dispute is not resolved at this level, the employee shall submit a written grievance through the Steward to Step 2 of the grievance procedure An employee who wishes to present a grievance at Step 2 of the grievance procedure must do so no later than thirty (30) days after the date: (a) on which she was notified orally or in writing of the action or circumstances giving rise to the grievance; or (b) on which she first became aware of the action or circumstances giving rise to the grievance Step Step 2 Subject to the time limits in Article 6.03, the employee may present a grievance at this level by transmitting the grievance in writing through the Steward to the Coordinator or her nominee.

14 The Coordinator shall reply in writing to an employee's grievance within fourteen (14) days of receiving the grievance at Step If the grievance is not satisfactorily settled under Step 2, then the Steward shall notify the Union within fourteen (14) calendar days of receipt of the written response to the grievance Step Step 3 The Union shall, within a further fourteen (14) calendar days of this notification, discuss the grievance with the Board of Directors, or their nominee. Failing settlement at this step, the grievance may be referred to Industry Troubleshooter and/or arbitration. (Reference Article 7 - Arbitration) 6.08Where the Union submits the written grievance, Step 1 shall be eliminated and the Union shall be substituted for the employee in Step Industry Troubleshooter6.09Industry Troubleshooter Where a difference arises between the parties relating to the dismissal, discipline, or suspension of an employee, or to the interpretation, application, operation or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, during the term of the Agreement, Mr. Stephen Kelleher or a substitute agreed to by the parties, shall at the request of either party: (a) investigate the difference, (b) define the issue in the difference, and (c) make written recommendations to resolve the difference within five (5) days of the date of receipt of the request, and for those five (5) days from that date, time does not run in respect of the grievance procedure. In the event the parties are unable to agree on an Industry Troubleshooter, within a period of thirty (30) days from the date that the parties agree to disagree on a selection of a Troubleshooter, either party may apply to the Minister of Labour for the Province of British Columbia to appoint such person. Failing settlement at this step, the grievance may be referred to arbitration Suspension or Dismissal Grievance6.10 Suspension or Dismissal Grievance (a) In the case of a dispute arising out of an employee's suspension, with or without intent to dismiss, the grievance shall commence at Step 2 of the grievance procedure. In the case of a dispute arising out of an employee's dismissal, where the dismissal was not preceded with a suspension with intent to dismiss, the grievance shall commence at Step 3 of the grievance procedure. (b) The following time limit shall prevail for a suspension grievance: At Step 2, the Employer shall respond to the grievance in seven (7) days instead of fourteen (14) days as indicated in Article 6.05.

15 Amending Time Limits6.11 Amending Time Limits The time limits fixed in this grievance procedure may be altered by mutual consent of the parties, but the same must be in writing Policy Grievances6.12 Policy Grievances Both the Union and the Employer shall have the right to process, as policy grievances, items which may arise regarding interpretation, application, operation or alleged violation of this Agreement through the above-mentioned procedures commencing with Step Deviation from Grievance Procedure6.13Deviation from Grievance Procedure The Employer agrees that, after a grievance has been initiated by the Union, the Employer s representatives will not initiate any discussion or negotiations, with respect to the grievance, either directly or indirectly with the aggrieved employee without the consent of the Union. ARTICLE 7 - ARBITRATION 7.01 Either party may refer any grievance dispute or difference unresolved through the procedures in Article 6 to a Board of Arbitration which shall have the power to determine whether any matter is arbitrable within the terms of the agreement and to settle the question to be arbitrated The party requesting arbitration shall notify the other party of its intent to arbitrate and its appointee to the Arbitration Board. The recipient of this notice shall, within ten (10) calendar days, notify the other party of its appointee to the Arbitration Board The two appointees shall, within a further ten (10) calendar days, select a third person to act as Chairman. If the two appointees fail to agree upon a Chairman within this ten (10) calendar day period, either party may request the Minister of Labour of British Columbia to make the appointment The Arbitration Board shall issue a decision and the decision of the majority of such Board shall be final and binding upon the parties Each party shall be responsible for the expenses of its appointee and the expenses of the Chairman shall be shared equally by the parties By mutual agreement between the Union and the Employer, a single arbitrator may be substituted for the Arbitration Board established in this Article The time limits prescribed above may be extended by mutual agreement in writing between the Employer and the Union.

16 10 ARTICLE 8 - POSTING OF VACANCIES When any vacancy occurs or a new position is created, the Employer shall post promptly, for at least fourteen (14) calendar days, a job vacancy notice containing information related to classification, salary range, work location, qualifications and experience desired. The Employer may advertise such vacancies both inside and outside simultaneously. In the filling of all vacancies, present employees having equal qualifications, ability and experience with outside applicants shall be given first consideration. At the conclusion of a competition unsuccessful applicants shall be advised that the position has been filled. Any such applicant who so requests shall be advised of the name of the appointee. ARTICLE 9 - PROMOTION, TRANSFER OR DEMOTION 9.01In the promotion, transfer or demotion of all classifications of employees covered by this Agreement, efficiency, qualifications and competency shall be the primary considerations as they relate to the new position and where such requirements are equal, seniority will be the determining factor If a regular employee is promoted to a position, either within or outside this bargaining unit, and is found to be unsatisfactory in the new position within three (3) months of the promotion, then the employee shall be returned to her previously held classification without loss of seniority or accrued benefits and the employee shall be slotted at the increment step to which she would have been entitled had not the promotion occurred. It is agreed that the time stipulated herein may be extended by mutual agreement. ARTICLE 10 - LAY-OFF AND RECALL Lay-Off10.01 Lay-Off In the event of a reduction in the work force, regular employees shall be laid off in reverse order of seniority, provided that there are available employees with greater seniority who are qualified and willing to do the work of the employees laid off. An employee who is qualified and yet unwilling to do the work shall be laid off Advance Notice10.02 Advance Notice Regular employees who are laid off by the Employer and who have been regularly employed by the Employer for the periods specified below, shall receive notice or pay in lieu as follows: (a) Regular Full-Time Employees (i) less than five (5) years' service - twenty-eight (28) calendar days' notice or regular pay for twenty (20) work days;

17 11 (ii) minimum of five (5) years' but less than ten (10) years' service - forty (40) calendar days' notice or regular pay for thirty (30) work days; (iii) more than ten (10) years' service - sixty (60) calendar days' notice or regular pay for forty (40) work days. (b) Regular Part-Time Employees Regular part-time employees require the same notice, however, pay in lieu of notice shall be calculated as follows: hours paid per month * (excluding overtime) x ** (work days) in lieu of notice * Includes leave without pay up to 20 work days. (Reference Article (e)) ** Entitlement as in (a) (i), (ii) or (iii). (c) Application (i) service with a previous Employer shall not be included as service for the purpose of this Article. (ii) the period of notice must be for the time scheduled to be worked and must not include accrued vacation Benefits Continue10.03Benefits Continue (a) Employees with one (1) or more years of service who are laid off shall accrue benefits for twenty (20) work days and shall have their benefits maintained for the balance of a one (1) year period of time. (Reference Article 25.02(e)) (b) Employees with less than one (1) year of service but more than three (3) months of service who are laid off shall not accrue benefits for twenty (20) work days but shall have their benefits maintained for a one (1) year period of time. (c) Probationary employees who are laid off shall not accrue benefits for twenty (20) work days but shall have their benefits maintained for three (3) months. (d) Employees who are laid off beyond a one (1) year period of time as expressed in (a) and (b) above, and three (3) months as expressed in (c) above, shall be deemed to be terminated. (e) For the first twenty (20) work days of layoff as expressed in (a) above, the Employer shall continue to pay all premiums under the Medical Plan, Extended Health Care Plan, Dental Plan, Long-Term Disability Plan, and Group Life Insurance Plan. For the balance of a one (1) year period, or the time periods expressed in (b) and (c) above, whichever is applicable, employees who remain laid off may continue to be insured under

18 12 the above named plans upon payment of the appropriate premium to their Employer at such times as may be required pursuant to the said plan(s) Displacement As A Result of Layoffs10.04 Displacement As A Result of Layoffs In the event that regular employees are either reassigned or transferred to vacant positions created by layoffs, such reassignments or transfers shall be governed by the following: (a) the selection of the vacant positions shall be in accordance with the principle of seniority, provided the employee has the capabilities and qualifications to perform the duties of the vacant position, and (b) any reassignment shall not result in a promotion unless agreed upon between the Union and the Employer, and (c) if an employee is reassigned to a lower rated position she shall continue to be paid at her current rate of pay until the rate of pay in the new position equals or exceeds it Recall10.05 Recall Employees shall be recalled to work in order of seniority, provided they have the capabilities and qualifications to perform the duties of the work available. The Employer shall give seven (7) calendar days notice of recall for work of an ongoing nature to the employee and such notice shall be by registered mail. The employee shall keep the Employer advised at all times of her current address. Laid off employees failing to report for work of a regular nature within seven (7) calendar days of the receipt of the written notice shall be considered to have abandoned their right to re-employment. Employees required to give notice to another Employer shall be deemed to be in compliance with this seven (7) calendar day provision Laid Off Employees10.06 Laid Off Employees (a) Should vacancies or new positions occur following lay-off in Article or the displacement in Article 10.04, those employees on layoff will be recalled to these positions in order of seniority providing they have the capabilities and the qualifications to perform the duties of the vacant position. (b) If no employee on layoff possesses the required capabilities and qualifications, the vacant position will be posted in accordance with Article 8: Posting of Vacancies. (c) Recall shall not result in a promotion unless agreed upon between the Union and the Employer, and (d) No new employee nor casual employee shall be hired to fill regular positions until those laid off have been given first option of recall Leaves of Absence10.07 Leaves of Absence

19 13 leave. Employees on a leave of absence are not subject to layoff until completion of such ARTICLE 11 - PROBATIONARY PERIOD 11.01All regular employees shall be probationary during their first three (3) calendar months of employment. Upon the completion of this probationary period the employee shall be granted seniority dating from the first day of employment with the Employer. During the probationary period the employee may be dismissed by the Employer if the Employer finds the employee to be unsuitable, providing the factors involved in suitability could reasonably be expected to affect work performance. The term "three (3) calendar months" is defined as the period from any given date in one month to the immediately preceding date three (3) months later. By mutual written agreement between the Employer and the Union, the probationary period may be extended Temporary employees who have completed more than three (3) calendar months of employment, casual employees who have completed more than five hundred (500) hours of employment, regular part-time employees appointed to a regular full-time position, or regular full-time employees appointed to a different or higher rated position, shall not be required to serve a further probationary period, however, such employee shall serve a familiarization period, not in excess of three (3) months, during which period the employee may return or, for just cause, be returned to the previously held position, in accordance with Article 9 herein. ARTICLE 12 - SENIORITY 12.01Seniority12.01Seniority The Employer recognizes that in cases of otherwise equal qualifications, efficiency, and competency, seniority shall be the governing factor in determining promotions. Seniority for regular full-time employees is defined as the length of continuous service in the Houston Health Care Centre, including any seniority accrued while working as a part-time or casual employee. Seniority for regular part-time and casual employees is defined as the total number of hours worked by the employee. It is understood that 1750 hours is equivalent to one year of seniority Seniority List12.02 Seniority List At least once each year, the Employer shall post a seniority list showing the names, status and seniority of all employees in the bargaining unit. Such list shall also be sent to the Union office.

20 Seniority Maintained and Accumulated12.03 Seniority Maintained and Accumulated Seniority shall be maintained and accumulated under the following conditions: (a) absence due to an occupational illness or accident recognized as such by the Workers Compensation Board and as provided for in this Agreement; (b) absence due to Long Term Disability; (c) absence due to maternity leave as provided for in this Agreement; (d) (e) (f) absence due to any paid leave for the period of the leave; absence due to the conduct of Union business; absence due to layoffs, for the first twenty (20) work days; (g) absence due to a general unpaid leave of absence, for the first twenty (20) work days. For time periods in excess of those expressed above, seniority shall be maintained but not accumulated Loss of Seniority12.04 Loss of Seniority A regular employee shall lose her seniority in the event that: (a) she is discharged for just cause; (b) she abandons her position; (c) she is on lay-off for more than one (1) year Re-employment12.05 Re-employment A regular employee who resigns and within sixty (60) days is re-employed as a regular employee shall be granted a leave of absence covering those days absent and shall retain all rights in relation to seniority and other benefits subject to the terms and conditions of the benefit plan. ARTICLE 13 - TECHNOLOGICAL CHANGE Disputes13.01 Disputes Any dispute arising in relation to adjustment to technological change shall be discussed between the bargaining representatives of the two parties to this Collective Agreement. Where the Employer introduces, or intends to introduce a technological change that: (a) affects the terms and conditions, or security of employment of a significant number of employees to whom this Collective Agreement applies; and

21 15 (b) alters significantly the basis upon which the Collective Agreement was negotiated, either party may, if the dispute cannot be settled in direct negotiations, refer the matter directly to an Arbitration Board, as prescribed in Article 7 - Arbitration Arbitration13.02 Arbitration The Arbitration Board shall decide whether or not the Employer has introduced or intends to introduce a technological change. Upon deciding that the Employer has introduced or intends to introduce a technological change, the Arbitration Board. (a) shall inform the Minister of Labour of its findings; and (b) may then or later make any one (1) or more of the following orders: (1) that the change be made in accordance with the terms of the Collective Agreement, unless the change alters significantly the basis upon which the Collective Agreement was negotiated; (2) that the Employer shall not proceed with the technological change for such period, not exceeding ninety (90) days, as the Arbitration Board considers appropriate; (3) that the Employer reinstate any employee displaced by reason of the technological change; (4) that the Employer pay to that employee such compensation in respect of her displacement as the Arbitration Board considers reasonable; (5) that the matter be referred to the Labour Relations Board (under Section 54 of the Labour Relations Code) Notice13.03 Notice The Employer shall give to the Union, in writing, at least ninety (90) days' notice of any intended technological change that: (a) affects the terms and conditions or security of employment of a significant number of employees to whom this Collective Agreement applies; and (b) alters significantly the basis upon which the Collective Agreement was negotiated. ARTICLE 14 - JOB DESCRIPTIONS, NEW CLASSIFICATIONS AND CHANGES OF CLASSIFICATIONS Job Descriptions14.01 Job Descriptions During the life of this Collective Agreement, the Employer shall prepare job descriptions for all classifications covered by the Certificate of Bargaining Authority. Job Descriptions should contain the job title, name of the department, title of the immediate supervisor, classification and wage level of the job, a summary statement of the job, a list of the duties and the date prepared. Such job descriptions shall be presented in writing to the Union. Employees shall have access to a copy of the current job descriptions. If the

22 16 Union fails to object in writing within twenty-eight (28) calendar days of receipt of the job description from the Employer, the job descriptions shall be considered as established Creation of New Classifications14.02 Creation of New Classifications (a) If the Employer creates a new position not included in Schedule A - Wage Schedules, it shall establish the wage structure and then give written notice to the Union of such wage structure and shall advise the Union of its intent to implement the new classification. (b) If the Union fails to object in writing within twenty-eight (28) calendar days of receipt of the notice from the Employer the wage structure shall be considered as established. (c) If the Union objects to the wage structure established by the Employer and by negotiation succeeds in revising the wage structure, the revised wage structure shall be retroactive to the employee's date of employment in the new position Classification Adjustments14.03 Classification Adjustments (a) The Employer has the right to assign pay rates to new or significantly changed classifications. New classifications created or existing classifications amended by the Employer, along with the assigned pay rates, shall be communicated to the Union prior to implementation. Assigned rates of pay shall be subject to the appeal procedure set out in accordance with Article below. (b) Individual position audit requests from employees shall be reviewed within a sixty (60) day period of receipt by the employee's supervisor and the employee and Union shall be advised accordingly In the event that the parties are unable to reach agreement on the pay rate for new positions or reclassified positions these may be submitted by either party to a committee of two (2) persons, one to be appointed by the Employer and one to be appointed by the Union. The difference shall be resolved within a period of thirty (30) days of the submission. The findings of the committee shall be binding on both the Employer and the Union. In the event that a decision cannot be reached, the provisions of Article 7 shall apply. The parties agree that their representative appointees to the committee shall be qualified in the areas of classification and evaluation Employee Grievances14.05Employee Grievances If an employee considers there has been a significant change to the job content of the position held, the employee may initiate a grievance by using Step 1 of the Grievance Procedure. ARTICLE 15 - TERMINATION OF EMPLOYMENT A regular employee who wishes to terminate her employment shall give the Employer twenty-eight (28) calendar days' notice prior to the effective date of termination.

23 Unless by mutual agreement to the contrary, the time stated in this Article shall be time scheduled to work and shall not include accrued vacation time. ARTICLE 16 - DISMISSAL, SUSPENSION AND DISCIPLINE Dismissal16.01 Dismissal The authority to dismiss an employee is vested in the Coordinator or her nominee. Notice of dismissal shall be in writing stating the reasons for the dismissal. A copy of the dismissal notice shall be sent to the head office of the Union within ten (10) calendar days Suspension16.02 Suspension Notice of suspension shall be in writing stating the reasons for the suspension. A copy of the suspension notice shall be sent to the head office of the Union within ten (10) calendar days Unauthorized Absence16.03 Unauthorized Absence Where an employee fails to report for duty for three (3) consecutive working days, the employee shall be deemed to have abandoned her position. An employee shall be afforded the opportunity to rebut such presumption and demonstrate that there were reasonable grounds for not informing the Employer Assessment of Professional Competence16.04 Assessment of Professional Competence Where disciplinary action against an employee is related to or concerned with the professional competence of the employee, the employee's performance shall be assessed in consultation with supervisory or management employees who are members of the nursing profession Disciplinary Procedure16.05 Disciplinary Procedure In all cases where the Employer considers the employee's conduct may warrant disciplinary action, (suspension with the intent to dismiss, suspension without the intent to dismiss, demotion, reprimand) the Employer shall take such action at a meeting with the employee. Where such a meeting is conducted, the employee shall be informed in advance of the nature of the complaint(s) being considered. At any meeting with the Employer which may result in disciplinary action, or where the employee has reason to believe she will face a disciplinary action, the employee shall have the right to have a Steward present and to state her side of the case, and the Employer the right to have the employee's supervisor present Wrongful Dismissal or Suspension16.06 Wrongful Dismissal or Suspension Should an employee be dismissed or suspended and it is later established that such dismissal or suspension was unfair she shall be returned immediately to her former status in all respects and shall be compensated for any loss of earnings she may have

24 18 suffered by reason of such dismissal or suspension unless otherwise determined by arbitration Disciplinary Records16.07 Disciplinary Records (a) Employees shall be entitled, upon reasonable notice, access to their employment file and, without limiting the generality of the foregoing, shall be entitled to inspect the formal written evaluation and all written censures, letters of reprimand and adverse reports of performance evaluations. An employee shall be made aware of all such evaluations, censures, letters and reports and shall be provided with copies of the same at the time they are entered in the file. (b) Any employee who disputes any censure, reprimand or adverse report may have recourse through the grievance procedure and the eventual resolution thereof shall become part of the employee's personal record with such amendments or deletions that may be requisite. (c) All record of any disciplinary action taken by the Employer shall be removed from the employee's file and destroyed eighteen (18) months after the date of the incident, provided that no further disciplinary action has occurred in the intervening period Appraisal Performance16.08 Appraisal Performance Formal written performance evaluations of each employee shall be carried out during the probationary period and not less than annually thereafter. Where such a formal written evaluation is carried out the employee shall be made aware of the evaluation. The evaluation form shall provide space for the employee s signature indicating that she is aware of the evaluation and signifying either her agreement or disagreement with the evaluation. If an employee disagrees with the evaluation, then the employee may object in writing, and such objection shall be retained by the Employer with the evaluation. ARTICLE 17 - HOURS OF WORK, MEAL PERIODS AND REST PERIODS 17.01Employees under this Agreement shall be expected to work the equivalent of thirtyfive (35) hours per week. Daily hours for each employee shall depend on individual workloads, which may vary because of the nature of the Employer's operation Work schedules shall be formulated to cover actual clinic hours and to provide for stand-by coverage in the community. These schedules shall be subject to mutual agreement between the Employer and the employees recognizing the needs of the community Prior Consultation17.03 Prior Consultation The Employer agrees to prior consultation with the employees on matters related to changes in the existing or the introduction of new programs. Any changes in the work schedules resulting from the above shall be subject to negotiations between the Employer and the Union.

25 Meal Periods17.04 Meal Periods The Employer shall ensure that each employee has a meal period of at least onehalf (1/2) hour but no longer than one (1) hour at intervals that shall result in no employee working longer than five (5) consecutive hours without an eating period. Should an employee be recalled to duty during a meal break, additional time shall be provided later in the day, or repaid at overtime rates Rest Periods17.05 Rest Periods Employees working a full shift shall receive one 15 minute rest period in each half of the shift. Employees working less than a full shift and a minimum of four (4) hours shall receive one (1) rest period. ARTICLE 18 - PAYMENT OF SALARIES AND ALLOWANCES 18.01Salaries18.01Salaries The salaries for employees covered by this Agreement shall be paid in accordance with those rates negotiated by the parties and recorded in Schedule A of this Agreement. Regular full-time employees shall be paid the monthly salary indicated in Schedule A. Regular part-time and casual employees shall be paid the hourly rate of pay indicated in Schedule A Pay Period18.02Pay Period (a) Employees shall be paid every second Friday or when such day falls on a Public Holiday, the immediately preceding banking day, except when an employee is terminating her service. (b) Pay cheques shall be available during the Employer's normal business hours, on or after the pay days indicated in (a) above. (c) The employee shall be entitled to a monthly itemized statement of: (1) gross salary (2) total regular hours worked (3) total overtime hours worked (4) allowances payable (5) all deductions applied 18.03In-Hiring Rates of Pay18.03In-Hiring Rates of Pay (a) The in-hiring rates of pay for new employees, without previous experience other than student time, shall always be at the minimum rates in the pay plan provided in this Agreement. (b)when a nurse commences regular full-time or part-time employment, salary recognition as follows shall be granted for satisfactory experience relevant to the position to which she has been appointed providing not more than two (2) years have elapsed since such experience was obtained:

26 One (1) annual increment for every one (1) year's experience Increments18.04Increments (a) The salary of regular full-time employees shall be increased on the employee's anniversary date to the next salary step in the schedule, appropriate to their classification. (b) The salary of regular part-time employees shall be increased the next salary step on the appropriate salary scale, after completing 1,750 working hours. (c) Leaves of absence without pay for less than twenty (20) working days shall not defer the payment of an increment. Any leaves of absence without pay, other than Union, maternity, adoption, parental, or education leave, for more than twenty (20) working days shall cause a postponement of the increment anniversary date for the period of absence in excess of twenty (20) working days Salary on Promotion18.05Salary on Promotion When an employee is promoted to a higher paying position, the employee shall receive the rate in the salary range which is the closest step to eight per cent (8%) above her previous rate, or the minimum of the range, whichever is greater, but not more than the top of the new salary range Salary on Demotion18.06Salary on Demotion (a) An employee shall not have her salary reduced by reason of a change in the classification of her position that is caused by other than the employee herself. The employee shall remain at her current salary until the salary in the new classification attains that level, after which the employee shall be entitled to regular salary increases, if any, in the new range. (b) An employee who receives a demotion for reasons other than (a) above shall receive a salary reduction not greater than two (2) steps in the pay plan, but where the differential between the employee's salary before demotion and the maximum salary of the lower classification is greater than two (2) steps, her new salary shall be set at the maximum of the range for that new classification Temporary Substitution18.07Temporary Substitution (a) Employees who are designated to accept the responsibilities of a senior position shall receive substitution pay which is the minimum salary for the higher paying position or the step of that salary range which is closest to one hundred and eight per cent (108%) of the current salary of the relieving employee, whichever is greater. (b) Should the Employer decide to fill a temporarily vacant senior position, designation shall be made according to seniority within the unit provided the designated employee is able to perform the duties in a satisfactory and efficient manner. (c) Where an employee has temporarily assumed the responsibilities of a senior position as described above, either by designation or at the request or with the