Venm Care Centr e EXPIRES JULY 31, 2017 ALBERTA UNION OF PROVINCIAL EMPLOYEES BETWEEN V E N T A C A R E C E N T R E L T D. LOCAL 047 CHAPTER 022

Transcription

1 Venm Care Centr e Alberta Union of Iho^dal Empio jees C O L L E C T I V E A G R E E M E N T BETWEEN ALBERTA UNION OF PROVINCIAL EMPLOYEES A N D V E N T A C A R E C E N T R E L T D. LOCAL 047 CHAPTER 022 AUXILIARY NURSING CARE EXPIRES JULY 31, 2017 UNIFOR 880

2 NUMERICAL INDEX A R T I C L E N O. PA G E N O. Preamble 1 T e r m o f t h e C o l l e c t i v e A g r e e m e n t 2 D e fi n i t i o n s 2 Recognition 4 U n i o n M e m b e r s h i p a n d D u e s D e d u c t i o n 4 M a n a g e m e n t R i g h t s 5 No Discrimination 6 N o S t r i k e s o r L o c k o u t s 6 I n s e r v i c e P r o g r a m s 6 P r o b a t i o n a r y a n d O r i e n t a t i o n P e r i o d 7 S e n i o r i t y P e r f o r m a n c e A p p r a i s a l s 8 9 A p p o i n t m e n t s, T r a n s f e r s a n d P r o m o t i o n s 1 0 H o u r s o f W o r k 1 1 Overtime 15 S a l a r i e s 1 6 Pyramiding 17 S h i f t a n d W e e k e n d P r e m i u m 1 7 T e m p o r a r y A s s i g n m e n t s 1 8 R e s p o n s i b i l i t y P a y 1 8 Resident Transportation 19 T r a n s p o r t a t i o n 2 0 N a m e d H o l i d a y s 2 0 Annual Vacation 22 E m p l o y e e B e n e fi t s 2 5 S i c k L e a v e 2 7 Workers' Compensation 29 Leave of Absence 31 L e a v e o f A b s e n c e - U n i o n B u s i n e s s 3 6 RRSP Plan 37 Layoff And Recall 38 Discipline, Suspension and Discharge 41 Resignation and Termination 42 Bulletin Board Space 43 H e a l t h a n d S a f e t y 4 3 C o p i e s o f T h e C o l l e c t i v e A g r e e m e n t 4 3 Grievance Procedure 44 U n i o n M a n a g e m e n t A d v i s o r y C o m m i t t e e 4 7 R e g u l a r P a r t - t i m e E m p l o y e e s 4 8 T e m p o r a r y E m p l o y e e s 4 9 C a s u a l E m p l o y e e s 5 0 M o d i fi e d H o u r s o f W o r k 5 1 S c h e d u l e " A " 5 3 L e t t e r o f U n d e r s t a n d i n g # 1 - R e t r o a c t i v e W a g e s 5 4 Letter of Understanding #2 - Hours of Work For Licensed Practical Nurses 55 Letter of Understanding #3 - RRSP Plan - Payroll Deduction Program 59 1

3 ALPHABETICAL INDEX A R T I C L E N O. P A G E N O. Annual Vacation 22 A p p o i n t m e n t s, T r a n s f e r s a n d P r o m o t i o n s 1 0 Bulletin Board Space 43 C a s u a l E m p l o y e e s 5 0 C o p i e s o f T h e C o l l e c t i v e A g r e e m e n t 4 3 D e fi n i t i o n s 2 Discipline, Suspension and Discharge 41 E m p l o y e e B e n e fi t s 2 5 Grievance Procedure 44 H e a l t h a n d S a f e t y 4 3 H o u r s o f W o r k 1 1 I n s e r v i c e P r o g r a m s 6 Layoff And Recall 38 Leave of Absence 31 L e a v e o f A b s e n c e - U n i o n B u s i n e s s 3 6 L e t t e r o f U n d e r s t a n d i n g # 1 - R e t r o a c t i v e W a g e s 5 4 Letter of Understanding #2 - Hours of Work For Licensed Practical Nurses 55 Letter of Understanding #3 - RRSP Plan - Payroll Deduction Program 59 M a n a g e m e n t R i g h t s 5 M o d i fi e d H o u r s o f W o r k 5 1 N a m e d H o l i d a y s 2 0 No Discrimination 6 N o S t r i k e s o r L o c k o u t s 6 Overtime 15 P e r f o r m a n c e A p p r a i s a l s 9 Preamble 1 P r o b a t i o n a r y a n d O r i e n t a t i o n P e r i o d 7 Pyramiding 17 Recognition 4 R e g u l a r P a r t - t i m e E m p l o y e e s 4 8 Resident Transportation 19 Resignation and Termination 42 R e s p o n s i b i l i t y P a y 1 8 RRSP Plan 37 S a l a r i e s 1 6 S c h e d u l e " A " 5 3 S e n i o r i t y 8 S h i f t a n d W e e k e n d P r e m i u m 1 7 S i c k L e a v e 2 7 T e m p o r a r y A s s i g n m e n t s 1 8 T e m p o r a r y T e r m o f t h e E m p l o y e e s C o l l e c t i v e A g r e e m e n t Transportation 20 U n i o n M a n a g e m e n t A d v i s o r y C o m m i t t e e 4 7 U n i o n M e m b e r s h i p a n d D u e s D e d u c t i o n 4 Workers' Compensation 29 ii

4 PREAMBLE Agreeing that the primary purpose of the Employer is to provide the community with efficient, competent Continuing Care Services, it is the intent of the parties to: (a) ensure the provisions of the best possible service and care; (b) protect the interest of residents. Employees and the community, and encourage efficiency of operations; (c) encourage cooperation of the Employees, regardless of Bargaining Unit or Classification in working together to achieve (a) and (b) above; (d) maintain harmonious relations between the Employer and the Union; (e) recognize the mutual value of joint discussions and negotiations in all matters of mutual concern to the parties. 1

5 A R T I C L E 1 T E R M O F T H E C O L L E C T I V E A G R E E M E N T Except where otherwise stated in this Collective Agreement, this Collective Agreement shall be in force and effect from and after the date upon which the Alberta Union of Provincial Employees and Venta Care Centre exchange notice of ratification by their principles of the terms of this Collective Agreement, up to and including July 31, 2017 and from year to year thereafter unless notice, in writing, is given by either party to the other party no less than two (2) calendar months, nor more than four (4) calendar months prior to the expiration, of its desire to amend this Collective Agreement. Where notice to commence collective bargaining is served under 1.01 above, this Agreement shall remain in full force and effect as per the bridging provisions of the Labour Relations Code. A R T I C L E 2 DEFINITIONS "Act" means the Labour Relations Code, as amended from time to time. "Arbitration" shall take meaning from the section of the Act dealing with the resolution of a difference. "Union" means the Alberta Union of Provincial Employees. In the event of a change of name of the aforementioned Union, the subsequent name shall be recognized. "Basic Rate of Pay" shall mean the increment step in the Salaries Schedule applicable to an Employee in accordance with the terms of this Collective Agreement, exclusive of all premium payments. "Continuous Service" shall mean the period of employment from the latest date of employment that is not interrupted by resignation, termination or dismissal. "Employee" shall mean a person covered by this Collective Agreement and employed by the Employer. At the time of hire, the employment status of each Employee will be determined in accordance with the following: (a) "Regular Employee" is one who works on a Full-time or Part-time basis on regularly scheduled shifts of a continuing nature: 2

6 (i) "Full-time Employee" is one who is regularly scheduled to work the full specified hours in the "Hours of Work" article of this Collective Agreement; (ii) "Part-time Employee" is one who is regularly scheduled for less than the regular hours specified in the "Hours of Work" article of this Collective Agreement. (b) "Casual Employee" is one who: (i) is regularly scheduled for a period of three (3) months or less for a specific job; or (ii) relieves for absences the duration of which is three (3) months or less; or (iii) works on a call in basis and is not regularly scheduled. (c) "Temporary Employee" is one who is hired on a temporary basis for a Full-time or Part-time position: (i) for a specific job of more than three (3) months but less than twelve (12) months; or (ii) to replace a Full-time or Part-time Employee who is on approved leave of absence for a period in excess of three (3) months; or (iii) to replace a Full-time or Part-time Employee who is on leave due to injury or illness where the Employee has indicated that the duration of such leave will be in excess of three (3) months. Alterahon of employment status thereafter will be regulated by the terms of this Collective Agreement "Employer" shall mean and include such officers as may from time to time be appointed, or designated to carry out the administrative duties in respect of the operation and management of the business "Feminine Gender" shall mean and include the masculine and similarly, the singular shall include the plural and vice-versa, as applicable "Facility" shall mean the care centres administered by Venta Care Centre Ltd. (Long Term Care Facility and the Assisted Living Manor) "Shift" shall mean the daily tour of duty excluding overtime hours. 3

7 2.11 "Shift Cycle" means the period of time when the shift schedule repeats itself. In those instances where the shift schedule does not repeat itself, the term "Shift Cycle" shall be understood to mean a period of time not exceeding twelve (12) weeks For the purpose of applying the terms of this Collective Agreement, time worked shall be deemed to have been worked on the day which the majority of hours of the shift fall "Bi-weekly period" shall mean the two (2) calendar weeks constituting a pay period "Union Representative " means a representative from the Union authorized by the Union to act on behalf of an Employee. "Union Representative " would include Union Stewards. A R T I C L E 3 RECOGNITION 3.01 The Employer recognizes the Union as the exclusive bargaining agent for its Employees at Venta Care Centre Ltd. as described in the certificate issued by the Alberta Labour Relations Board (Certificate Number: ) on June 27, No Employee shall be required or permitted to make any written or verbal agreement which may be in conflict with this Agreement. A R T I C L E 4 U N I O N M E M B E R S H I P A N D D U E S D E D U C T I O N 4.01 Membership in the Union is voluntary Consistent with the payroll system of the Employer, the Union will advise the Employer of the bi-weekly (fortnightly) amount of its membership dues. An amount equal to said membership dues will be deducted from each Employee at the prescribed rate and remitted to the Union no later than the twenty second (22"^*) of the month following. The remittance shall be accompanied by a listing specifying the following: the Employee name, classification(s), date of hire, rate of pay, amount of union dues deducted from each Employee and if the Employee is on a Leave of Absence without pay. Such list shall indicate newly hired Employees and terminated Employees.

8 4.03 The dues structure of the Union shall be on a percentage basis and the Union shall give not less than thirty (30) days notice to any change in the rate at which dues are to be deducted. Any change in the amount of deductions shall be implemented by the Employer at the next possible pay period following expiry of the notice period The Employer shall indicate the dues deducted and enter the amount on the T-4 Slips supplied to the Employee. ARTICLES MANAGEMENT RIGHTS 5.01 The exclusive rights of management will include, but are not limited to: (a) maintain order, discipline and efficiency and in connection therewith to establish or continue policies, practices, procedures, rules and regulations for the conduct and efficiency of the business and from time to time, to change or abolish such policies, procedures, practices, or rules and regulations; (b) to plan, direct and control the work of the Employees and the operation of its business. This includes the right to introduce new methods, equipment, and to assign work to such Employees in accordance with the requirements determined by management and to control the amount of supervision necessary, combining or splitting up of the departments, to establish and change work schedules and assignments, and the increase or reduction of personnel in any particular area or on the whole; (c) to hire, transfer, layoff, recall, promote, demote, classify, assign duties, suspend, or otherwise discipline Employees; (d) to discharge Employees who have completed their probationary period for just cause. The discharge of a Probationary Employee will be at the discretion of the Employer. (e) to take such measures as management may determine to be necessary for the orderly or economical operation of the company's business; (f) it is agreed that these rights will not be exercised in a manner inconsistent with the terms of this Agreement. 5

9 A R T I C L E 6 NO DISCRIMINATION 6.01 There shall be no discrimination, restriction, or coercion exercised or practiced in respect of an Employee by either party by reason of age, race, colour, creed, national origin, political or religious belief, gender, sexual orientation, marital status, physical disability, nor by reason of membership or non-membership in the Union, nor in respect of an Employee's or Employer's exercising any right conferred under this Agreement or any law of Canada or Alberta. A R T I C L E 7 N O S T R I K E S O R L O C K O U T S 7.01 The Union agrees that it will not cause, authorize, or sanction, nor permit Employees to cause or take part in any sit down, stay in, or slow down, or any strike or stoppage of any of the Employer's operations or any curtailment of work on the Employer's premises during the term of this Agreement which is contrary to the Labour Relations Code The Employer agrees that it will not cause or sanction a lockout during the term of this Agreement which is contrary to the Labour Relations Code. A R T I C L E 8 I N S E R V I C E P R O G R A M S 8.01 (a) The parties of this Collective Agreement recognize the value of continuing in-service education for Employees and that the responsibility for such continuing education not only lies with the individual, but also with the Employer. For the purpose of this Article, the term "in-service" includes: orientation, acquisition and maintenance of essential skills, and other programs which may be offered by the Employer. (b) The Employer reserves the right to identify specific in-service sessions as being compulsory for Employees and those required to attend such sessions shall be paid at the applicable rate of pay for the time in attendance. The following in-service programs shall be compulsory and shall be provided to Employees on an annual basis: (i) CPR (only when established by the Employer as a mandatory requirement after an Employee is hired); 6

10 (ii) Fire, evacuation, and disaster procedures; (iii) Proper lifting and prevention of back injuries; ( i v ) W H I M I S ; ( v ) P P I C ; (vi) Abdominal Thrust. (c) Employees who, with prior approval of their supervisor, attend in-service programs which are not identified as compulsory by the Employer shall suffer no loss in regular earnings for attending such programs. (d) The Employer shall make available other in-service education programs as deemed appropriate for the purposes of maintaining proficiency. A R T I C L E 9 PROBATIONARY AND ORIENTATION PERIOD 9.01 An Employee shall serve a single probationary period of four hundred and eighty-seven point five (487.5) hours worked exclusive of overtime hours worked and of orientation training, for each period of continued employment not interrupted by illness, injury, leave of absence, termination or dismissal. In the case of Part-time, Temporary, or Casual Employees, upon completion of six (6) calendar months of employment not interrupted by illness, injury, leave of absence, termination or dismissal and who have not completed four himdred and eighty-seven point five (487.5) hours, their probationary period shall be deemed to have been completed. The probationary period may be extended for a period up to an additional four himdred and eighty seven point five (487.5) hours worked. During the probationary period, the Employee may be terminated for any reason without: ( a ) n o t i c e ; If in the opinion of the Employer an Employee is unsatisfactory during the probationary period, the Employee's employment may be terminated at any time during the probationary period with or without just cause and any such termination of employment shall not be subject to the grievance procedure. An employee upon request, may be assisted by a Union Representative or Union Steward The Employer shall provide a paid orientation for all new Employees. 7

11 9.03 Subject to Article 11, the Employer shall provide a performance appraisal of each Probationary Employee at least once during her probationary period which shall be provided in writing if requested by the Employee A representative of the Union shall have the right to make a presentation of up to thirty (30) minutes during the paid orientation of new Employees. Attendance at the presentation shall not be compulsory All newly hired Employees working in their probationary period shall not be entitled to sick leave until the probationary period is completed and shall be paid in accordance with Schedule A. The layoff and recall provisions, outlined in Article 31 of this Agreement, shall not apply to probationary Employees. A R T I C L E 1 0 SENIORITY (a) Seniority is the ranking of Regular Employees in accordance with the date of hire of the Employee. (b) Seniority shall not apply during the probationary period; however, once the probationary period has been completed, seniority shall be credited from the Seniority date established pursuant to Article 10.01(a) Seniority shall be considered in determining: (a) preference in vacation time in Article 23, (b) layoff and recalls, subject to the provisions in Article 31, (c) promotions and transfers and in filling vacancies within the bargaining unit subject to the provisions in Article The seniority and employment of an Employee will terminate if: (a) (b) (c) (d) the Employee resigns, retires, or quits; the Employee is discharged, and not reinstated; the Employee is laid off in excess of twelve (12) months; the Employee fails to report as scheduled upon termination of a leave of absence, vacation, suspension or layoff, unless justifiable reason is given to the Employer; 8

12 (e) The Employee is absent from work without a justifiable reason and does not make a reasonable effort to contact or notify the Employer with reasons satisfactory to the Employer by or on the third consecutive workday of such unauthorized absence; (f) The seniority and the employment of an Employee who is off work due to sickness, disability or WCB may be terminated by the Employer when the Employee has been off work for twelve (12) months. The Employer may terminate the employment of an Employee before that time when it is known that the Employee cannot perform the work covered by this Agreement and will not be able to return to work. The twelve (12) month period may be extended for another 12 months when there are extenuating circumstances. Such termination of employment shall not be contrary to any right conferred under this Agreement or any law of C a n a d a o r A l b e r t a The Employer shall maintain a seniority list showing the name and seniority of each regular Employee in chronological order. An up to date seniority list shall be sent to the Union and posted on all bulletin boards in January and July of each year. The Union shall have one (1) month in which to take issue with the seniority list, otherwise the seniority list shall be deemed to be correct. A R T I C L E 1 1 P E R F O R M A N C E A P P R A I S A L S The parties recognize the desirability of a performance appraisal system designed to effectively use and develop the human resources of the Employer (a) The Employer will endeavor to give Employees an annual performance appraisal. (b) Meetings for the purpose of the performance appraisal interview shall be scheduled by the Employer with advance notice of at least one (1) day. At the interview, the Employee shall be offered a copy of her performance appraisal document. The Employee shall sign her performance appraisal for the sole purpose of indicating that she is aware of her performance appraisal, and shall have the right to respond in writing within ten (10) days of the interview and that reply shall be placed in her personnel file. 9

13 (a) By appointment made at least one (1) working day in advance, an Employee may view her personnel file once a year, or when the Employee has filed a grievance. An Employee may be accompanied by a Union Representative when viewing her personnel file. (b) An Employee shall be given a copy of the contents of her personnel file upon request, not more frequently than once in a calendar year, or when the Employee has filed a grievance, provided that she first pays to the Employer a reasonable fee, established by the Employer to cover the cost of copying. An Employee's performance appraisal shall not be released by the Employer to any person except to the Board of Arbitration, or as required by law, without the written consent of the Employee. The Employer recognizes the difference between performance appraisals and disciplinary action and it is not the intention of the Employer to use the performance appraisal system in a disciplinary manner. Performance appraisals shall not be subject to the Grievance Procedure. A R T I C L E 1 2 A P P O I N T M E N T S. T R A N S F E R S A N D P R O M O T I O N S The Employer shall post notices of vacant positions within the bargaining unit not less than seven (7) calendar days in advance of making an appointment. The posting shall contain the following information: (a) qualifications required; (b) employment status. Also, for information purposes only, a notice of vacancy shall specify the number of hours per shift, shifts per cycle, and the current shift pattern for the position (i.e. days only, nights only, evenings only, days and evenings, nights evenings, etc.). Applications for vacancies, transfers or promotions, shall be made in writing to such officer as the Employer may designate. If no qualified applications are received by completion of the posted time, the Employer may fill the vacancy at its discretion. 10

14 When filling any vacancy within the bargaining unit, the Employer will give preference to qualified applicants within the bargaining unit. When making transfers and filling vacancies within the bargaining unit, the determining factors shall be the most requisite job related skills, training, experience, knowledge and other relevant attributes and where these factors are considered by the Employer to be equal and satisfactory, seniority shall be the deciding factor. All applicants for a posted transfer, promotion, and/ or vacancy, shall be informed of their acceptance or rejection within five (5) working days of the date of the appointment. Transfers and promotions shall be on a trial basis. The transferred or promoted Employee will be given a trial period of thirty (30) shifts worked, in which to demonstrate the ability to fill the new position satisfactorily. The trial period may be extended by the number of working days absent for any reason during the trial period. If the Employer finds the Employee to be unsatisfactory during the trial period, the Employer shall reinstate the Employee to her former position without loss of seniority. If the Employee finds, during her trial period, that she is not suited to her new position she may request to be reinstated to her former position, without loss of seniority. If in either case reinstatement to her former position is not possible, she shall be place in another suitable position without loss of seniority and at the rate of pay equivalent to that of her former position. (b) In the event that an Employee returns or is returned to her former position pursuant to Article (a), the Employer shall have one (1) opportunity to fill the resultant vacancy by selecting from the applications on the original posting. Should the Employer exercise this right the posting provisions of this Article will be deemed to be satisfied. A R T I C L E 1 3 H O U R S O F W O R K Regular hours of work, exclusive of meal periods shall be: (a) seven and one half (71/2) consecutive hours per day, and (b) thirty seven and one half (37 1/2) hours per week, averaged over one (1) complete cycle of the shift schedule. 11

15 13.02 Regular hours of work shall be deemed to: (a) include, as scheduled by the Employer, either (i) two (2) rest periods of fifteen (15) minutes during each full working shift of seven and one half (7 1/2) hours or the alternative to be applied shall be at the discretion of the Employer. (ii) one rest period of thirty (30) minutes during each full working shift of seven and one half (7 1/2) hours if this is more compatible with the scheduling of work assignments. (b) include as scheduled by the Employer, one (1) rest period of fifteen (15) minutes during each working day on which the Employee works in excess of four (4) hours; (c) exclude a meal period of thirty (30) minutes to be scheduled by the Employer during each working day on which the Employee works in excess of four (4) hours; Subject to Article 13.11, 13.12, shift schedules shall be posted four (4) weeks in advance or such shorter period as is mutually agreed between the Employer and the local Chapter Chair of the Union. The Employer shall allow a local chapter representative of the Union to reproduce a copy of the posted shift schedule Except in cases of emergency or by mutual agreement between the Employee and the Employer, shifts scheduled shall provide for: (a) at least fifteen and one half (15 1/2) hours off duty between shifts; (b) Employees shall have two (2) weekends in four (4) off. "Weekend" shall mean a Saturday and the following Sunday, assuring a minimum of fiftysix (56) hours off duty; (c) an Employee shall not be scheduled to work more than six (6) consecutive shifts Employees shall be aware that, in the course of their regular duties, they may be required to work on various shifts throughout the twenty-four (24) hour period of the day and the seven (7) days of the week. The first (1 ') shift of the working day shall be the one wherein the majority of the hours worked fall between twenty-four hundred (2400) hours and zero eight hundred (0800) hours. 12

16 13.06 The Employer, in scheduling shifts, shall take into consideration an Employee's request for certain shift schedules, subject to the requirements of Article (a) Employees may exchange shifts among themselves provided that: (i) the exchange is agreed to, in writing, between the affected Employees and (ii) prior approval of such exchange has been given by the Employee's immediate supervisor. (b) Where such request is made in writing, the Employer shall also reply in writing. (c) Such exchanges shall be recorded on the shift schedule. (d) Such exchange shall not be deemed a violation of the provisions of this Collective Agreement When an Employee reports for work as scheduled and is directed by the Employer to leave, she shall be compensated for the inconvenience by a payment equivalent to three (3) hours pay at her basic rate of pay A regular Employee shall not be scheduled to work more than two (2) different shifts between scheduled days off except as may be mutually agreed between the Employer and the Employee An Employee may not be scheduled to work more than six (6) consecutive days except as may be mutually agreed between the Employer and the Employee, or in cases of emergency. Where mutually agreed, such additional days shall be paid at the basic rate of pay Except when application of this Article is waived by mutual agreement between the Employer and the Employee, where an Employee's scheduled days off are changed without seven (7) calendar days notice, the Employee shall be paid at one and one half (1 1/2) times for all hours worked on what would otherwise have been her off duty days Except when application of the Article is waived by mutual agreement between the Employer and the Employee, if in the course of a posted schedule, the Employer changes an Employee's scheduled shift, but not her scheduled days off, she shall be paid at the rate one and one half (1 Yi) times her basic rate of pay for all hours worked during the first (1 *) shift of the changed schedule, unless seven (7) calendar days notice is given. 13

17 13.13 On the date fixed by proclamation, in accordance with the Daylight Savings Time Act of conversion to Mountain Standard Time, regular hours of work shall be extended to include the resultant additional hour with additional payment due therefore at the applicable overtime rate. On the date fixed for said Act for the resumption of Daylight Savings Time, the resultant reduction of one (1) hour in the shift involved shall be affected in the appropriate deduction in regular earnings (a) Employees may work flexible hours by mutual agreement between the Employee and the Employer, whereby at mutually agreeable time the Employer will provide and the Employee shall take time off: (i) for those hours worked during the normal rest period; and (ii) in place of overtime pay for those hours worked in excess of seven and one half (7 1/2) hours in a day or thirty-seven and one half (37 1/2) hours in a week averaged over one (1) cycle of the shift schedule. (b) The Employee shall be paid for the time taken off in place of overtime pay at the same rate the Employee would have been paid wages had the Employees worked those hours on a normal working day. (c) If time off in place of overtime pay is not received and taken in accordance with the foregoing, the Employee will be paid overtime pay in accordance with Article Additional Shifts (a) Part Time Employees who wish to be considered for additional shifts and Casual Employees who wish shifts shall provide the Employer with availability sheets by the 15th of the proceeding month. (b) Causal Employees shall be expected to provide availability for at minimum one (1) weekend each month. (c) When the Employer has at least eighteen (18) hours notice of an absence they shall fill the additional shifts utilizing the information from the availability sheets starting with the Employee with the earliest date of hire. Shifts shall be offered to Employees on a rotational basis, that is: The first available shift(s), to a maximum of two (2), is offered to the Employee with the earliest date of hire and then the next shift(s), to a maximum of two (2), to the next Employee based on date of hire and so 14

18 on. Should an Employee refuse an offered shift(s) that shift(s) shall be offered to the next Employee. (d) When the Employer has less than eighteen (18) hours notice of an absence they may fill the absence at their discretion. (e) It is understood that the Employees who are scheduled seventy-five (75) hours in a two (2) week period are not eligible for additional hours and f u r t h e r t h a t t h i s A r t i c l e i s n o t i n t e n d e d t o h a v e a d d i t i o n a l h o u r s o f f e r e d in such manner as to create overtime, except in cases of emergency Optional scheduling provisions may be mutually agreed to in writing between the Employer and the Union. A R T I C L E 1 4 OVERTIME Overtime is all time authorized by the Employer and worked by an Employee in excess of seven and one half (7 1/2) hours per day and/ or on the scheduled days of rest for full-time Employees. The Employer shall provide in each department overtime forms which are to be signed by the designated authorizing person and a copy shall be given to the Employee at the time the overtime was worked The overtime rate of double time (2X) the applicable basic rate of pay shall be paid all hours worked in excess of seven and one half (71/2) hours in a day Employees required to work by the Employer on their scheduled days off shall be paid at the rate of double time (2X), unless the Employee is given at least seven (7) calendar days notice of the change of the shift schedule Where mutually agreed by the Employer and the Employee, the Employee may receive time off in lieu of overtime. Such time off shall be the equivalent of the actual time worked, adjusted by the applicable overtime rate and taken at a time mutually agreed by the Employer and the Employee. In no case shall it be later than thirty (30) days from the date the overtime was worked In the event an Employee works a double shift, the Employee shall be provided with access to a meal and snacks during the second (2nd) shift at no cost. 15

19 A R T I C L E 1 5 SALARIES The basic rates of pay as set out in the Salaries Schedule shall be applicable to all Employees covered by this Collective Agreement An Employee's basic rate of pay shall be advanced to the next incremental step upon the completion of one thousand nine hundred and fifty (1950) paid hours, with the exception of those Employees who work seven point seven five (7.75) hour days who shall be advanced after two thousand fifteen (2015) paid hours Transfers to High Rated Classification If an Employee is transferred to a higher rated classification, the Employee shall receive in the new classification the next rate above the Employee's present rate and shall progress within the scale for such higher rated classification according to the length of service within such higher rated classification subsequent to the date of transfer (a) When an Employee voluntarily transfers to a classification with a lower rate of pay, her wage shall be adjusted immediately to the basic rate she would have been entitled to, had she been on the lower rated classification from the commencement of employment. (b) When an Employee transfers to a classification as a result of a function of Layoff and Recall, her salary shall be maintained in the pre-transfer level until such time as the basic rate of pay in the lower paid classification is equal or greater than her pre-transfer rate Should the Employer find it necessary to create a new classification during the life of this Collective "Agreement, the new position will be included within the scope of the unit for which the Union is the certified bargaining agent provided that: (a) the parties of this Collective Agreement mutually agree that the position is within the scope of the unit for which the Union is the certified bargaining agent, or, failing that; (b) the Labour Relations Board rules that the new position is within the scope of the unit for which the Union is the certified bargaining agent. When a new position is created under Article above for which there is no pay scale in this Collective Agreement, the Employer may establish an interim 16

20 pay rate and agrees to negotiate an appropriate pay scale with the Union. Failing agreement, the parties will submit the question directly to Arbitration for settlement commencing at Article The resultant pay scale shall be implemented retroactively to the date the new position was established Employees required by the Employer to attend staff meetings and committee meetings (except as provided in Articles and 37.03) shall be paid at the applicable rate of pay for attendance at such meetings Provided that no more than two (2) years have elapsed since the experience was obtained, when an Employee has experience satisfactory to the Employer, her starting salary shall be adjusted one step for each year of applicable, relevant experience Should the Employer issue an Employee an overpayment of wages and/or entitlements, then the Employer may make the necessary monetary or entitlement adjustments and take such internal administrative action as is necessary to correct such errors. The Employer shall notify the Employee in writing that an overpayment has been made and discuss repayment options. By mutual agreement between the Employer and the Employee, repayment arrangements shall be made. In the event mutual agreement cannot be reached, the Employer may recover the overpayment by deducting up to ten percent (10%) of the Employee's gross earnings per pay period; such recovery shall not cause the Employee any undue financial hardship. A R T I C L E 1 6 PYRAMIDING Except where expressly authorized in this Collective Agreement, there shall be no pyramiding of premiums Where (2) or more applicable premiums are expressed as multiples of the basic rate of pay, the Employee will be paid only one (1) such premium, that being the highest of the applicable premiums. A R T I C L E 1 7 SHIFT AND WEEKEND PREMIUM (a) A shift differential of two dollars and seventy-five cents ($2.75) per hour shall be paid to Employees working a shift where the majority of such shift falls within the period of seventeen hundred (1700) hours and twenty-three (2300) hours. 17

21 (b) A shift differential of five dollars ($5.00) per hour shall be paid to Employees working a shift where the majority of such shift falls within the period of twenty-three hundred (23:00) hours and zero seven hundred (0:700) hours. Such premium payment shall not be considered as part of the Employee's basic rate of pay (a) A weekend premium of three dollars and twenty-five cents ($3.25) per hour shall be paid, in addition to shift differential, if applicable, to Employees for each hour worked where the majority of such shift falls within the period commencing seventeen hundred (17:00) hours Friday until zero seven hundred (0:700) hours Monday. Such premium payment shall not be considered as part of the Employee's basic rate of pay Where applicable, an Employee shall be eligible to receive both Shift differential and Weekend premium. A R T I C L E 1 8 TEMPORARY ASSIGNMENTS When an Employee is assigned to replace another Employee in a higher paid position within this Collective Agreement for one (1) full shift or longer, she shall be paid the basic rate of pay for the classification in which the Employee is relieving, providing she is qualified to perform the substantive duties of the higher paid position. When an Employee is required temporarily to perform the duties of a lower paid classification, her basic rate of pay will not be changed. A R T I C L E 1 9 RESPONSIBILITY PAY (a) An Employee assigned by the Employer to act as a Preceptor for students in the Licensed Practical Nurse program and/or course shall receive an additional sixty-five cents ($0.65) per hour. The Employer will give consideration to those Employees who express interest in participation in this program. (b) "Preceptor" shall mean a Licensed Practical Nurse who is assigned to supervise, educate and/or evaluate students in a Licensed Practical Nurse, PCA, Nursing Aide program and/or course. 18

22 19.02 Where the Employer designates a Licensed Practical Nurse to assume r e s p o n s i b i l i t y f o r s t a ff s u p e r v i s i o n, c l i n i c a l c o o r d i n a t i o n a n d administrative/organizational duties, as required, she shall be paid an additional one dollar and twenty-five cents ($1.25) per hour. The Employer will define the roles and responsibilities of the LPN designated in charge. A R T I C L E 2 0 RESIDENT TRANSPORTATION An Employee assigned to travel with a resident shall be paid: (a) in the event circumstances perrrut an immediate return to her place of employment, she shall be paid at her basic rate of pay and/ or if applicable, the overtime rate(s) stated in Article 14, to which she is entitled up to the time: (i) the resident is released into the care of the receiving site; or (ii) her scheduled work period would otherwise have ended; or (iii) she has returned to her place of employment; w h i c h e v e r i s t h e l a t e r a n d s h e w i l l b e r e i m b u r s e d f o r r e a s o n a b l e a n d substantiated expenses incurred. (b) In the event that circumstances prevent an immediate return to her place of employment, she shall be entitled to: (i) no loss of regular earnings for time not worked on regularly scheduled shifts as a result of resident transportation; and (ii) be reimbursed for reasonable and substantiated expenses incurred; and (iii) her basic rate of pay and/ or if applicable, the overtime rate(s) as stated in Article 14 for the time spent on the return trip on the same basis as if she had been working at her place of employment The Employer shall establish a roster on which Employees may indicate their willingness to accompany residents. An Employee who has not placed her name on such roster shall not be required to take a resident transportation assignment, except where no Employee on the roster is immediately available to be assigned such duty. 19

23 20.03 An Employee shall not be requested or required to use her own vehicle for the purpose of resident transportation. A R T I C L E 2 1 TRANSPORTATION Regular Employees who normally travel from the facility to their place of residence by means of public transportation following the completion of their shift but are prevented from doing so by being required to remain on duty longer than their regular shift and past the time when normal public transportation is available, shall be reimbursed for the cost for reasonable, necessary, and substantiated transportation expense from the facility to their place of residence A regular Employee who is called back to the facility, shall be reimbursed for reasonable, necessary and substantiated transportation expense and if the Employee for such service by private automobile, reimbursement shall be at the rate of forty-six cents ($0.46) per kilometer from the Employee's residence to the facility and return Where a regular Employee is assigned duties necessitating the use of her automobile, she shall be reimbursed pursuant to Article A R T I C L E 2 2 NAMED HOLIDAYS (a) Regular Full-time Employees shall be entitled to receive a day off with pay on or for the following Named Holidays: N e w Y e a r s D a y L a b o u r D a y F a m i l y D a y T h a n k s g i v i n g D a y G o o d F r i d a y R e m e m b r a n c e D a y V i c t o r i a D a y C h r i s t m a s D a y C a n a d a D a y A u g u s t C i v i c H o l i d a y Boxing Day and any day proclaimed to be a holiday by: (i) The Government of the Province of Alberta. 20

24 Further, any day proclaimed by the Government of the municipality to be a civic holiday for general observance by the municipal community in w h i c h t h e i n s t i t u t i o n i s l o c a t e d. (b) The intent is that there will be no more than eleven (11) paid holidays per calendar year for the duration of this Agreement. (c) Notwithstanding the foregoing, while: (i) on layoff; or (ii) in receipt of compensation from the Workers' Compensation Board; or (iii) an unpaid absence during which she is in receipt of EI Benefits, or (iv) on other leaves of absence in excess of thirty (30) calendar days for a n y r e a s o n, an Employee shall not be entitled to: (v) a day off with pay, or (vi) payment in lieu thereof for the aforementioned paid Holidays Subject to Article 22.01(c), to qualify for the named holiday with pay, the Employee must: (a) work her scheduled shift immediately preceding and following the holiday except where the Employee is absent due to illness or other reasons acceptable to the Employer, and (b) work on the holiday when scheduled or required to do so Except as modified by 23.03(c) an Employee required by the Employer to work on a Named Holiday shall be paid for all hours worked on a Named Holiday at one and a half times (1 1/2 X) her basic rate of pay plus; (a) an alternate day off at a mutually agreed time; or (b) failing mutual agreement, within thirty (30) calendar days following the Named Holiday, the Employee shall receive payment for such day at her basic rate of pay. 21

25 (c) An Employee obliged to work on Christmas Day or August Civic Holiday shall be paid for all hours worked on the Named Holiday at two times (2X) the Employee's basic rate of pay plus: (i) an alternate day off at a mutually agreed time; or (ii) by mutual agreement, a day added to the Employee's next annual vacation; or (iii) by mutual agreement, the Employee may receive payment for such day at the Employee's basic rate of pay When a Named Holiday falls on a day that would: (a) otherwise be a regular Employee's scheduled day off, or (b) during an Employee's vacation; the Employee shall receive: (c) an alternate day off at a mutually agreed time; or (d) failing mutual agreement, within thirty (30) calendar days following the named holiday of the option to be applied, the Employee shall receive payment for such day at her basic rate of pay Except as mutually agreed otherwise, the Employer shall schedule an Employee in such a manner to provide her with days off on at least three (3) of the actual Named Holidays as provided in Article Unless an Employee requests otherwise, she shall be scheduled so as to be given either Christmas Day or New Years Day off. A R T I C L E 2 3 ANNUAL VACATION Definition For the purpose of this Article: (a) "Vacation" means annual vacation with pay. 22

26 (b) "Vacation Year" means the twelve (12) month period commencing on the first (r^) day of January in each calendar year and concluding on the last Length of Vacation day of December of the same calendar year. An Employee shall receive annual vacation with pay in accordance with her years of service as of the vacation cutoff date as follows: Less than two (2) years 1 working day each month (maximum of 10 days) Two (2) years or more 15 working days S i x ( 6 ) y e a r s o r m o r e 2 0 w o r k i n g d a y s Twelve (12) years or more 25 working days Twenty (20) years or more 30 working days Part-time and temporary Employees vacation entitlement is based on their hours paid in relation to the hours of a full-time Employee Non-cumulation of Vacations Vacation Pay Except with the approval of the Employer, there shall be no carry over of vacations. Employees may not waive a vacation period in lieu of pay. Vacation pay shall be at the rate of pay currently in effect at the time of the vacation Vacation Pay on Termination Upon termination of employment, an Employee shall be entitled to pay in lieu of vacation earned but not taken at the following percentage rates of basic pay earned during the period which vacation was earned but not taken: 10 days per year 4% of basic pay 15 days per year 6% of basic pay 20 days per year 8% of basic pay 25 days per year 10% of basic pay 30 days per year 12% of basic pay 23

27 23.06 Vacation Schedules The Employer shall post the vacation planner by January 5"^ of each year. Where an Employee submits her vacation preference by March 15'^ of that year, the Employer shall indicate approval or disapproval of that vacation request and shall post the resulting vacation schedule by April 15"" of that same year. Where the number of Employees indicating a specific preference for a specific period exceeds the number of Employees as determined by the Employer that can be allotted vacation during that period, seniority shall be the deciding factor Unbroken Vacation Period Except during July and August of each year, an Employee shall be entitled to receive his vacation in an unbroken period unless otherwise mutually agreed upon between the Employee and the Employer. (The Employer may limit summer vacations to no more than three (3) weeks at a time) Time of Payment and Return. Vacation will be paid out on June 15"^ and December 15^ of each year or upon special request, provided at least two (2) pay periods notice of their request is given. Employees will be paid their vacation pay on a separate vacation pay advance cheque, within two (2) working days prior to their vacation at the reasonably exercised discretion of the Administrator, Notwithstanding Article 23.02, vacation with pay shall not accrue during periods while: (a) on layoff, and (b) on unpaid absence during which she is in receipt of weekly indemnity, and (c) in respect of compensation from the Workers' Compensation Board, and (d) on leave of absence in excess of thirty (30) calendar days for any reason. 24

28 A R T I C L E 2 4 E M P L O Y E E B E N E F I T S Group Life Insurance For Full-time Employees, the Employer agrees to pay seventy percent (70%) of the cost of a group life insurance policy insuring to the amount of $100,000,00. It is understood that employees who are over age sixty-five (65) are not insurable. Payment for insurance coverage will commence when a new Employee has successfully completed her probationary period and will be subject to the provisions of this Article Dental Plan The Employer agrees to pay seventy percent (70%) of the basic single/family premium rate for Full time Employees who have completed probation. The Dental Plan shall provide the following coverage: (a) Basic Services - 80% (b) Extensive Services - 50% to a maximum of $3, per person per year. (c) Orthodontic Services - 50% to a maximum of $3, life time per person. It is understood and agreed that there may be a qualifying period established by the insurer or that there may be required some reasonable time for the filing of forms, etc. The operation of the plan will be based on the current Alberta Dental fee schedule Extended Health Benefits For Full-time Employees, the Employer has agreed to pay seventy percent (70%) of the basic single or family coverage on the single or family rate premium of the Alberta Health Care Insurance Plan. The Employer has agreed to pay seventy percent (70%) of the basic single or family coverage on the single or family rate premium of the Alberta Blue Cross medical plan or its equivalent as provided through another carrier. The plan will provide the following: (i) A prescription drug plan that provided eighty percent (80%) direct payment provision of eligible expenses. 25

29 The Employer is not responsible for contribution in the event that an Employee is otherwise covered for such benefits. This means that if the employee produces an exemption certificate indicating coverage (or is not entitled to coverage) through another source the Employer is not liable for contribution The Employer shall facilitate the procurement, by Regular and Temporary Employees of insurance protection for Long Term Disability benefits as follows: (a) Long Term Disability (income replacement during a qualifying disability equal to sixty per cent [60%] of basic earnings [regularly scheduled annual hours multiplied by the Employee's basic rate of pay at the date of disability divided by twelve [12] determines the level of monthly benefit coverage] to the established maximum following a one hundred and twenty [120] working day elimination period); (b) The Employer agrees to pay seventy percent (70%) of the premium for the above-mentioned plan Part Time Employee Benefits (a) Part time Employees who work fifteen (15) or more regularly scheduled hours per week averaged over a shift rotation cycle shall be entitled to the benefits and shared cost arrangements outlined in Articles 24.01, and hereof. In no event shall the Employer's contribution exceed seventy percent (70%). (b) Part time Employees who work twenty (20) or more regularly scheduled hours per week averaged over a shift rotation shall be entitled to the benefits and shared cost arrangements outlined in Articles In no event shall the Employer's contribution exceed seventy percent (70%) It is understood that there may be a qualifying period established by the insurer or that there may be required some reasonable time for filing of forms, etc Payment for insurance coverage will commence when a new Employee has successfully completed their probationary period. For the purposes of this Article, the hours of work performed by an Employee shall be determined on the basis of hours per week averaged over one complete cycle of the shift schedule The Employer shall make available to eligible Employees brochures outlining current coverage in the above mentioned plans The Employer will provide a copy of each of the plans to the Union. 26