Collective Agreement

Transcription

1 Collective Agreement between Ontario Public Service Employees Union on behalf of its Local 631 and Canadian Mental Health Association Cochrane-Timiskaming DURATION: September 1, 2011 August 31, 2013 Sector

2 Table of Contents page ARTICLE 1 PURPOSE.. 2 ARTICLE 2 RECOGNITION AND DEFINITIONS PART-TIME EMPLOYEE TEMPORARY EMPLOYEE PROBATIONARY EMPLOYEE SENIORITY EMPLOYEE REPRESENTATIVE EMPLOYER Grievance GROUP GRIVANCE GRIEVOR OVERTIME LIEU TIME STUDENT VACANCY VOLUNTEERS.. 6 ARTICLE 3 MANAGEMENT RIGHTS. 6 ARTICLE 4 APPLICATION 7 ARTICLE 5 UNION SECURITY 7 ARTICLE 6 REPRESENTATION. 8 ARTICLE 7 LABOUR/MANAGEMENT COMMITTEE.. 9 ARTICLE 8 HEALTH AND SAFETY 9 ARTICLE 9 HARASSMENT AND SEXUAL HARASSMENT. 11 ARTICLE 10 NO DISCRIMINATION. 11 ARTICLE 11 NO STRIKES NOR LOCKOUTS.12 ARTICLE 12 GRIEVANCE PROCEDURE. 12 STEP ONE 12 STEP TWO POLICY GRIEVANCE GROUP GRIEVANCE DISCHARGE GRIEVANCE 14 ARTICLE 13 ARBITRATION.. 14 ARTICLE 14 SENIORITY..15 ARTICLE 15 LOSS OF SENIORITY. 18 ARTICLE 16 LAYOFF AND RECALL.. 19 ARTICLE 17 PROMOTIONS, JOB POSTINGS, TRANSFERS, VACANCIES AND PROCEDURES TEMPORARY POSITIONS 24 ARTICLE 18 JURY DUTY/CROWN WITNESS LEAVE. 24 ARTICLE 19 PREGNANCY/PARENTAL/ADOPTION LEAVE.. 25 ARTICLE 20 HEALTH CARE LEAVE.. 26 ARTICLE 21 BEREAVEMENT LEAVE.. 28

3 ARTICLE 22 UNION LEAVE, POSTINGS AND TRAVEL REIMBURSEMENTS.. 29 POSTINGS.. 30 TRAVEL EXPENSES 30 PERSONAL LEAVE. 31 ARTICLE 23 DISCIPLINE, EMPLOYMENT RECORDS 32 ARTICLE 24 SALARIES AND WAGES. 32 ARTICLE 25 HOURS OF WORK. 33 ARTICLE 26 OVERTIME AND LIEU TIME 34 ARTICLE 27 VACATIONS 36 ARTICLE 28 PAID HOLIDAYS.. 37 ARTICLE 29 BENEFITS.38 ARTICLE 30 PENSION PLAN 39 ARTICLE 31 COPIES OF AGREEMENT AND DISTRIBUTION.. 39 ARTICLE 32 SEVERABILITY OF TERMS. 39 ARTICLE 33 TERM OF AGREEMENT. 39 ARTICLE 34 GENERAL PROVISIONS.. 40 ARTICLE 35 TECHNOLOGICAL CHANGE. 40 LETTER OF UNDERSTANDING RE: Andrew Ager. 41 LETTER OF UNDERSTANDING RE: Assertive Community Treatment Team.. 42 LETTER OF UNDERSTANDING RE: Compressed Work Week 43 LETTER OF UNDERSTANDING RE: Salary Grid. 45 OPSEU GRID 47 ON CALL COMPENSATION.. 51 SCHEDULE C VACATION ENTITLEMENTS.. 52 SCHEDULE D SCHEDULE OF BENEFITS.. 53 APPENDIX A SIGNATURE PAGES 61-73

4 2 ARTICLE 1 PURPOSE 1.01 The purpose of this Agreement is to establish and maintain a harmonious orderly collective bargaining relationship between the Employer, the Union and the employees of the bargaining unit as well as to provide for the prompt and equitable disposition of grievances and to establish and maintain hours of work, wages and working conditions. ARTICLE 2 - RECOGNITION AND DEFINITIONS 2.01 The Employer recognizes the Ontario Public Service Employees Union as the sole and exclusive bargaining agent of all employees of Canadian Mental Health Association Cochrane-Timiskaming Branch in the District of Cochrane, Timiskaming and the City of Temiskaming Shores, save and except program managers and persons above the rank of program managers, information technologists and executive assistants, human resources, accounting, payroll/accounting, team leads and financial assistants It is agreed and understood that Employees not covered by the terms of this Agreement, save and except team leads, will not perform duties normally assigned to those employees who are covered by this Agreement except for the purposes of instruction, absences and to assist in client matters when regular employees are not available or require additional support. For clarity, it is agreed and understood that the number of team leads will be restricted to the extent that no additional bargaining unit work assumed by any team lead will cause the layoff and/or reduction of hours of any bargaining unit member Wherever applicable, in this Agreement the singular shall include the plural Any expression of the male gender shall also include the female gender in its application, and vice versa CASUAL EMPLOYEE A Casual employee is one of less than full or part time status who has no guarantee of work beyond the current hiring which could be for an hour(s), day(s), week(s) and can be terminated at any time without notice

5 3 by the Employer and such termination shall not be subject to the grievance procedure or arbitration procedure. It is agreed and understood that a casual employee will not be used where a part time employee is qualified in the judgment of the employer and available to fill the vacant position and/or time slot which the employer intends to fill. Notwithstanding the above, a casual employee will have the right to post for any internal position and have limited access to the grievance and arbitration procedure in matters related to alleged breaches of the job posting provisions; compensation and /or alleged statutory breaches only FULL TIME PERMANENT EMPLOYEE A Full Time Permanent employee is one who has completed the probationary period and is regularly scheduled to work seventy (70) hours every two weeks, save and except the positions of Residential Support Worker which is regularly scheduled to work seventy-two (72) hours every two weeks. I t is agreed and understood that employees are not guaranteed hours of work where the inability to provide work is the result of a power failure, fire, flood and/or any other act outside the control of the Employer and an alternate work location is not an option or available as determined by the Employer PART TIME EMPLOYEE A Part Time employee is one who is regularly scheduled to work 24 hours or less per week TEMPORARY EMPLOYEE A Temporary employee is one who is hired for a specific term not to exceed twelve (12) months to replace an Employee who will be on an approved leave of absence, absence due to WSIB, sick leave, long term disability, and maternity leave or to perform a special non-recurring task. This term may be shortened by the Employer at the Employer s discretion or extended a further six (6) months on the mutual agreement of the Union, Employee and Employer or longer if agreed by the parties where the leave or the person being replaced extends to such a period of time. In any event, the period of employment of such persons will not exceed the absentee s leave. The release of such persons shall not be the subject of a grievance or arbitration where such leave is the result of the incumbent returning from leave. The Employer will outline to employees selected to fill such temporary vacancies and to the Union, the circumstances giving rise to the vacancy and the special conditions relating to such employment. A temporary employee shall not post for any other temporary

6 4 position during the currency of the temporary period save and except where a new temporary position becomes available within 21 calendar days of the end of the current temporary assignment. Nevertheless, in the event the temporary employee is a successful candidate the temporary employee shall complete the temporary assignment before assuming the new temporary position at the discretion of the Employer PROBATIONARY EMPLOYEE A Probationary employee is a new hire who has had less than 910 hours of service with the Employer after which their continuous services shall date from the original hiring date. After successfully completing the probationary period, the Employee will become a regular full time or parttime Employee in accordance with this Agreement. The employment of a probationary employee may be terminated by the Employer at any time during the probationary period if in the judgment of the Employer the probationary employee has failed to meet the standards set by the Employer and is considered to be not satisfactory and in such instance of termination the probationary employee will not have access to the grievance procedure or arbitration procedure. Notwithstanding the above, the employer's discretion must be exercised in good faith, without discrimination and in a non-arbitrary fashion. Any dispute that the employer has not acted as above may be the subject of grievance. During the probationary period, employees shall be entitled to all rights and benefits of this agreement, except as otherwise herein provided SENIORITY The length of service calculated from the last date of hiring in the bargaining unit and shall include continuous service with the Employer prior to the certification of recognition with the Union EMPLOYEE REPRESENTATIVE Any member or representative of the Ontario Public Service Employees Union as identified in writing to the Employer by the Union EMPLOYER The Board of Directors of the Canadian Mental Health Association Cochrane-Timiskaming Branch.

7 GRIEVANCE A complaint of an employee, concerning a working condition or term of employment which is applicable to employees covered by this Agreement and, in particular, is defined as a difference arising either between an employee and the Employer or between the parties hereto relating to the interpretation, application, administration, or alleged violation of this Agreement GROUP GRIEVANCE A complaint common to two (2) or more employees, made in writing, concerning a working condition or term of employment that is applicable to employees covered by this Agreement GRIEVOR A person who has filed a grievance under this Agreement OVER TIME Time worked in excess of 40 hours in each week as authorized by the employer and shall be calculated at time and a half and such time may be placed in a bank LIEU TIME Time worked in excess of normal work hours but less than overtime hours as stipulated in this agreement and calculated at straight time as authorized by the employer and such time may be placed in a bank STUDENT Any person who is in full attendance at a secondary or post-secondary institution and who is hired as a temporary employee for a school vacation period or semester period under a Co-operative education program or from time to time to perform special projects. The Wage Rate shall be determined at the discretion of the Employer subject to legislation. A student s employ may be terminated at any time without recourse to the grievance procedure or arbitration. It is agreed and understood that the use of students will not result in the reduction of hours to an employee VACANCY Any unoccupied position in the Bargaining Unit of the Employer.

8 VOLUNTEERS Members of the community who offer their time for the benefit of both the Association and/or its client, save and except clients of the Association, and which time shall not be paid. It is agreed and understood that the use of volunteers will not result in the reduction of hours to an employee Except where otherwise provided for in this Agreement expressions used in this Agreement have the same meaning as given them in the Ontario Labour Relations Act. ARTICLE 3 - MANAGEMENT RIGHTS 3.01 i) Union and its members recognize and acknowledge that it is the exclusive function of the Employer, except where expressly limited in this Agreement, ii) To maintain order, discipline and efficiency; To hire, discharge, lay-off, classify, direct, transfer, promote, demote, establish job classifications, determine qualifications for job classifications and schedule; To recruit, examine, select, evaluate, train, re-evaluate, re-train, assign, re-assign and transfer; iii) Generally to manage the Canadian Mental Health Association Cochrane-Timiskaming Branch (the CMHA-CT ) in which the Employer is engaged and without restricting the generality of the foregoing to determine the work to be done, the methods, standards and schedules of operations, services to be rendered, techniques, work procedures, the type of equipment or technology to be used, the number of persons to be employed, the process and control of the work to be done, contract out work, set quality and quantity standards, change, combine or abolish job classifications or departments, determine the standards of performance required, qualifications of an employee to perform any particular job, require medical examinations related to safety, work performance, accommodation and/or potential accommodation, to reduce the work force, number of hours to be worked including reduction of working hours within the organization, department or job by day or week or any other periods, starting and quitting times, when overtime shall be worked, to determine financial policies including general accounting procedures and client relations and including the right to make rules, regulations and policies concerning the practices and procedures.

9 The Employer agrees that it will not exercise discipline up to and including termination of any employee without just cause. A claim by an employee that he/she has been disciplined without just cause may be the subject of a grievance in accordance with both t he grievance procedure and Arbitration procedure outlined in this Agreement. ARTICLE 4 - APPLICATION 4.01 The provisions of this Agreement apply to the Union, Employees, and the Employer. ARTICLE 5 UNION SECURITY 5.01 The Employer will supply the Local President or alternate with the names of any new employees in the bargaining unit. The Employer shall allow all new employees the opportunity to meet with a Union Representative within a reasonable amount of time which will normally be within two weeks of the date of their hire. This meeting may occur on the CMHA-CT property during working hours and shall not exceed 15 minutes in length The Employer agrees to provide each new Employee with a copy of the Collective Agreement and to advise them as to the name of the Union Representative The Union shall inform the Employer, in writing, of the authorized monthly deduction to be checked off for each Employee. The amounts specified shall continue to be deducted until changed by further written notice to the Employer The Employer agrees to deduct on a monthly basis from the wages due to each employee covered by this Agreement from commencement of employment, a sum equal to the regular Union dues payable by the members of the Union. In addition, the Employer shall deduct Union dues from any retroactive wage payments. The Employer shall remit the total amount of such deductions to the Accounting Department of the Union at 100 Lesmill Road, North York, Ontario, not later than the 15th day of the following month that the deductions were made. The remittance shall be accompanied by a list of the names, addresses and social insurance numbers of the employees from whose wages the deductions have been made and such information shall only be used for the declared intended purposes. The list shall clearly indicate changes in employment status for promotion, demotion, termination and leaves of absence.

10 The Employer shall commence deduction of Union dues effective the date of ratification of this Collective Agreement and/or the date going forward, as applicable The Employer agrees that at the same time that Income Tax (T-4) slips are made available, the Employer will provide each person in the bargaining unit a T-4 slip for income tax purposes showing the amount of dues deducted in the previous year The Union shall indemnify and save harmless the Employer, its agents and/or employees acting on behalf of the Employer from any and all claims which may be made against the Employer arising from or in any way related to deductions made from the pay of an employee directed or authorized by the Union and/or arising out of the collection or attempted collection, custody and/or account of such authorized dues. ARTICLE 6 - REPRESENTATION 6.01 The Employer agrees to recognize Union Stewards elected or selected from bargaining unit members The Union acknowledges that the steward has regular duties to perform on behalf of the Employer. In a situation which requires a steward s attention during working hours, the steward shall not leave her regular duties without first obtaining the permission of the Employer. It is understood that the taking of such time away from regular duties shall be kept to a minimum and that permission is subject to the discretion of the Employer, which permission will not be unreasonably withheld. There shall be no loss of regular earning while attending to such requested duties If permission is granted the matter will be dealt with expeditiously and the steward shall report to her immediate supervisor or designate immediately upon her return. The Employer reserves the right to limit such time. It is further understood that the processing of a grievance shall not interfere with the regular conduct of business including the servicing of clients Union shall notify the Employer, in writing, of the name(s) of the stewards and committee members. The Employer shall not be required to recognize any steward or committee member until such notification from the Union has been received.

11 The Employer recognizes a Negotiating Committee comprised of up to six (6) Employee representatives of the Union for the purpose of negotiating a renewal agreement. The Employer agrees to pay employee members of the Negotiating Committee for straight time wages lost from their regularly scheduled working hours spent in direct face to face negotiations for a renewal agreement up to the point of conciliation. It shall be the Negotiating Committee s function to meet with the Employer to amend or to negotiate the renewal of this Agreement The Union shall notify the Employer in writing of the names of the members of the Union Negotiating Committee at the time of their appointment and the Employer shall not be required to recognize any committee member until it has been notified. ARTICLE 7 LABOUR/MANAGEMENT COMMITTEE 7.01 To resolve any problems that may arise and to consider and make suggestions and recommendations for their resolution to their respective parties, the Employer and the Union, shall establish a joint committee comprised of four (4) appointees representing the Employer and four (4) appointees representing the Union, to meet three (3) times annually. An Employer representative and a Union representative shall act as Co- Chairs and hold the responsibility for chairing the meetings and minute taking. Notwithstanding the above, the parties may schedule additional meetings if necessary providing both the employer and the Union mutually agree Ten (10) days prior to any meeting of the Joint Committee, the representatives of the Employer and the Union shall advise each other in writing of the matters they wish to place on the agenda for discussion. The Labour Management Committee shall not have jurisdiction to amend Collective Agreement nor to address grievances Union Committee members will not suffer any loss of pay for time spent at these meetings. ARTICLE 8 - HEALTH AND SAFETY COMMITTEE 8.01 The Executive Director (or designate) may close any or all of the Branch sites due to inclement weather or other unsafe conditions in accordance with CMHA-CT policy The Employer and the Union acknowledge and agree that they have formed a Health and Safety Committee and that:

12 10 (a) (b) (c) All rights, privileges, and obligations established under the Ontario Occupational Health and Safety Act, as amended in respect of occupational health and safety shall form part of this Collective Agreement; and Reasonable steps, procedures, and techniques will be implemented to prevent and/or reduce the risk of workplace injury. There shall be a Health and Safety Committee consisting of four (4) representatives from the Union; four (4) representatives for the Employer including a non-bargaining unit representative. This committee shall meet once every three (3) months or as required Should an office closing be called, every attempt will be made to notify employees. In addition, the Executive Director (or designate) will ensure that local radio stations are advised of the office closing in accordance with CMHA-CT policy set out as Schedule A During an office closing, unless otherwise requested, employees are not expected to travel into work. Such absence from work will be deemed an excused absence and employees will be paid their scheduled hours of work Due to the nature of CMHA-CT services, employees may be required to remain at their work locations to perform essential services (i.e. shelter). Employees fulfilling any such essential responsibilities at the time when an office closing is declared may be required to remain at work and will be compensated in lieu time During an office closing, employees usually scheduled to work are expected to remain available to work and will keep their Program Manager or designate informed of a contact number. CMHA Cochrane- Timiskaming Branch reserves the right to call any employee to work should conditions improve throughout the day. Such call to work will be deemed to be part of the normal scheduled working day constituting a regular pay day and employees will not be entitled to any premium payout In the event of official road closure(s) stipulated by the OPP or Ministry of Transportation making it impossible for the employee to attend at work via such route, the employee is expected to make every reasonable effort to find and use an alternate route to attend at work and shall notify the supervisor of the road status. In the event that attending at work due to road closure(s) and /or alternate routes remain impossible for the employee to attend at work, the employee may request approval to use the lieu/overtime bank, vacation, if any, or leave without pay for such time away from work due to road closure(s).

13 11 ARTICLE 9 HARASSMENT AND SEXUAL HARASSMENT 9.01 The Union and the Employer recognize the right of Employees to work in an environment free from harassment including personal harassment, bullying and sexual harassment, and agree that such harassment will not be tolerated in the workplace and shall be dealt with in accordance with Employer policy. ARTICLE 10 NO DISCRIMINATION The Employer, employees and the Union agree to conduct their affairs in accordance with the Ontario Human Rights Code and agree that there shall be no discrimination interference, restriction, coercion, harassment, bullying, intimidation or any disciplinary action exercised or practiced against any employee because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offences, family status, marital status or disability The Union agrees that there will be no discrimination, interference, restriction, coercion, harassment, bullying exercised or practiced upon employees of the Employer by any of its members or representatives. As such, conduct which can be construed as any of the above, including harassment or bullying will not be condoned and may be the subject of discipline up to and including termination Further, the Union agrees there will be no solicitation for membership or other Union activity on the premises of the Employer during an employee's working hours except as otherwise provided in this Agreement. The Employer agrees that there will be no discrimination against any employee by reason of membership or activity in the Union The Parties agree that there shall be no intimidation, interference, restriction or coercion exercised or practiced against employees of the Employer, members of the bargaining unit or representatives of the Union by either the Employer, Union, employees, members of Union or representatives of the Union as applicable for any reason including the exercise of any member or employee of any right under this agreement.

14 12 ARTICLE 11 NO STRIKES NOR LOCKOUTS The parties agree that there shall be no strike or lockout during the term of this Collective Agreement. Strike or lockout shall be defined as per the Ontario Labour Relations Act, as amended. ARTICLE 12 - GRIEVANCE PROCEDURE For the purpose of this Agreement, a grievance or complaint is defined as a difference arising either between an employee and the Employer or between the parties hereto relating to the interpretation, application, administration or alleged violation of this Agreement The grievance shall be communicated and shall identify the nature of the grievance; the remedy sought, and should, where possible, specify the provisions of the Agreement which are alleged to have been violated (a) At the time formal discipline is imposed or at any stage of the grievance procedure an employee shall have the right to the presence of their Union representative. In the case of suspension or discharge, the Employer shall notify the employee of this right in advance. (b) Where the Employer deems it necessary to suspend or discharge an employee, the Employer shall notify the Union of such suspension or discharge at or before advising the grievor and in writing within one (1) day of the decision to suspend or discharge such employee It is the mutual desire of the parties hereto that complaints shall be dealt with as quickly as possible, and it is understood that an employee has no grievance until the employee has first given the employee's immediate supervisor the opportunity to deal with the complaint. The grievor may have the assistance of a Union representative if so desired at all steps of the grievance procedure and arbitration procedure. STEP ONE Such complaints shall be discussed with the employee's immediate supervisor or acting supervisor within fourteen (14) calendar days of the circumstances giving rise to it having occurred or ought reasonably to have come to the attention of the employee. The Supervisor shall answer the complaint within seven (7) calendar days of receipt of the complaint.

15 13 STEP TWO Failing settlement within the time period as set out in STEP ONE, it shall then be taken up as a written grievance within fourteen (14) calendar days, by the grievor and submitted to the Executive Director or designate. The employee may be accompanied by a Union Representative. The Executive Director or designate shall deliver a decision in writing within fourteen (14) calendar days following the day on which the written grievance was presented Any level in the Grievance Procedure shall be waived if a person hearing the grievance is the subject of the complaint but no other level shall be waived save by mutual agreement All agreements reached under the grievance procedure between the representatives of the Employer and the representatives of the Union will be final and binding upon the Employer, the Union, and the employee or employees involved POLICY GRIEVANCE A complaint or grievance arising directly between the Employer and the Union concerning the implementation, interpretation, application, administration or alleged violation of this Agreement shall be originated at STEP TWO of the grievance procedure within ten (10) days following the circumstances giving rise to the grievance. Where the grievance is an Employer grievance, it shall be filed with the Union, at STEP TWO of the Grievance Procedure GROUP GRIEVANCE Where a number of employees have identical grievances, and each one would be entitled to grieve separately, they may present a group grievance, in writing, identifying each employee who is grieving to the Employer or designate, within ten (10) days after the circumstances giving rise to the grievance have occurred. The grievance shall be treated as being initiated at STEP TWO of the grievance procedure and the applicable provisions of this Article shall then apply with respect to the handling of such grievance.

16 DISCHARGE GRIEVANCE If an employee claims that the employee has been unjustly discharged, such claim must be submitted by the employee, who may be accompanied by a Union Representative, or submitted by the Union Representative alone, at STEP TWO of the grievance procedure to the Employer within seven (7) days, following the date the discharge is effective Such grievance may be settled under the Grievance and Arbitration procedures by: (a) (b) (c) confirming the action of the Employer in discharging the employee, or reinstating the employee with up to full seniority, for time lost, and up to full compensation for time lost, or any other arrangement that might be deemed just and equitable. ARTICLE 13 - ARBITRATION (a) Failing settlement under the foregoing grievance procedures any grievance may then be submitted to arbitration as hereinafter provider under its own distinct arbitral procedure. (b) (c) In the event a matter is referred to arbitration, such matter shall be submitted within 15 days. When either party requests that any matter be submitted to arbitration as provided in this Article, it shall make such request in writing addressed to the other party of this Agreement and at the same time appoint a nominee. With fifteen (15) days thereafter, the other party shall appoint its nominee, provided however, that if such party fails to appoint its nominee as herein required, the Minister of Labour for Ontario shall have the power to make such appointment upon application hereto by the party invoking the arbitration procedure. The two (2) nominees shall attempt to agree upon a chairperson of the Arbitration Board. If they are unsuccessful in agreeing upon such a chairperson within a period of twenty (20) days of the appointment of the second nominee, they shall request the Minister of Labour for Ontario to appoint a chairperson No person may be appointed to the Arbitration Board who has been involved in an attempt to negotiate or settle the grievance.

17 The Arbitration Board shall not be authorized to make any decisions inconsistent with the provisions of this Agreement, nor to alter, modify, add to, or amend any part of this Agreement No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the Grievance Procedure hereinbefore set out The proceedings of the Arbitration Board will be expedited by the parties hereto and the decision of the majority, and where there is no majority, the decision of the chairperson, will be final and binding upon the parties hereto, and the employee or employees concerned Each of the parties hereto will bear the expenses of the nominee appointed by it, and the parties will share equally the fees and expenses, if any, of the chairperson of the Arbitration Board Saturdays, Sundays, and holidays are not to be counted in the time limits set out in this Article Wherever Arbitration Board is referred to in this Agreement, the parties hereto may mutually agree, in writing, to substitute a mutually agreeable arbitrator for the Arbitration Board at the time of reference to arbitration and the other provisions referring to Arbitration Board shall appropriately apply. ARTICLE 14 SENIORITY Seniority for each permanent full time employee is based upon the length of continuous full time employment with the Employer since the last date of hire where one full year is equivalent to 1820 hours Seniority for each part-time employee and casual employee is based upon the number of hours worked with the Employer since the last date of hire with the Employer where one full year is equivalent to 1820 hours excluding overtime Seniority as referred to in Article shall be applied in determining the order of layoff and recall of Employees pursuant to Article 16 (Layoff and Recall), save and except with respect to casual employees where seniority shall be solely applied to the job posting provisions as referred to in Article 2.05.

18 No employee shall earn more than one (1) years seniority in a twelve (12) month period regardless of the number of hours actually worked The Employer shall maintain an up to date list showing the date upon which each member's service commenced. A copy of the seniority list shall be posted in the general office and sent to the Union twice per year prior to 31 January and prior to July 1st, in each calendar year A new employee will be considered on probation until he/she has successfully completed 910 regular hours of work with the Employer With the written consent of the Employer, the probationary employee and the President of the Local or designate, such probationary period may be extended. Any extension agreed to will be in writing and will specify the length of the extension Upon successful completion of the Probationary Period, the employee shall become a regular full time employee or a regular part-time employee and shall receive credit for her accumulated regular hours of work from her most recent date of hire with the Employer. The regular full time employee shall then become entitled to all benefits and pension subject to the terms and conditions of the Benefit Insurance Plans and Pension Plan, respectively Upon successful completion of the Probationary Period, the regular full time and/or regular part-time employee s name shall be placed on respective full time or part-time separate seniority lists within thirty (30) days after signing of this Agreement. The list shall indicate in order of their seniority the employee s name, classification and their date of last hiring. The Employer will post the seniority lists to allow employees to review, dispute and/or settle any inaccuracies in such lists within thirty (30) days of the posting. After thirty (30) days, the seniority standing so established shall be recognized and shall not be challenged An employee with her consent transferred to a position outside of the bargaining unit shall continue to accumulate seniority while holding the transferred position outside the bargaining unit pending return to the bargaining unit. In such a case, the transfer shall be no longer than four months. When the transferred employee at any time within the four month appointment outside the bargaining unit is returned to the bargaining unit, she shall return to her immediate previous position or be placed in a position consistent with her classification and seniority. It is agreed that an employee who has filled in for said transferred employee will be filling

19 17 in on a temporary basis and will return to her previous position when the employee is transferred back into the bargaining unit An employee shall maintain and accumulate seniority under the following conditions: (a) (b) While she is actively at work for the Employer after she has completed her probationary period as set out in Article 2.09 above. When on leave of absence with pay; (c) When she is unable to perform her work for the Employer by reason of injury arising out of and in the course of her employment for the Employer and for which she is receiving compensation under the provisions of the Workplace Safety and Insurance Act or when she is unable to perform her work by reason of illness or disability. In either event no employee will maintain and accumulate seniority indefinitely and any such accumulation and/or maintenance will be subject to limitations in law and accommodation obligations. (d) When on pregnancy or parental leave or adoption leave in accordance with the Employment Standards Act; (e) When taking vacation days, sick time, statutory holidays, bereavement leaves, jury duty service days; (f) When on Union leave as stipulated in this agreement (g) (h) When as a successful candidate filling either a temporary position outside the bargaining unit or a permanent position outside the bargaining unit during a trial period. When as a successful candidate filling a temporary position within the bargaining unit Where an employee moves from full-time status to part-time, temporary or vice-versa, the employee shall retain the accumulated seniority hours attained at the date of transfer and accumulate future seniority in accordance with the new status.

20 Where two or more employees commence work on the same day, seniority shall be calculated in accordance with the employee s last name at the time of hire. ARTICLE 15 - LOSS OF SENIORITY Seniority rights shall cease and employment will be terminated for any of the following reasons: i) Voluntary resignation. An employee shall be deemed to have resigned or quit including engaging in any of the following: a) The employee gives written notice of her desire to leave the Employer s employment; or b) The employee is absent for more than three (3) consecutive work days without notifying the Employer unless a satisfactory reason in the judgment of the Employer is given; or c) The employee fails to report for work at the expiration of a leave of absence without a satisfactory reason in the judgment of the Employer or the employee accepts full time gainful employment while on a leave of absence without first obtaining the consent of the Employer in writing which shall not be unreasonably denied. ii) Discharge for just cause and not reinstated through the Grievance procedure or Arbitration Procedure; iii) iv) If an Employee is laid off for a period of 24 months. The Employee fails to advise the Employer within three (3) calendar days of her intention to report to work and/or fails to return to work within seven (7) calendar days of recall to her last known address or phone number on the Employer s records as provided in Article (Layoff and Recall). The period referred to above shall be extended where sufficient reason, in the judgment of the Employer, has been provided to the Employer. v) If an Employee retires. vi) The employee uses a leave of absence for a purpose other than that for which it was granted.

21 It shall be the duty of an employee to notify the Employer promptly of any change of address. If an employee fails to give the Employer such notification, the Employer shall not be responsible for the failure of any and all notices to reach such employee. All notices shall be confirmed in writing by registered mail. ARTICLE 16 - LAYOFF AND RECALL A notice of layoff shall be given in accordance with terms of Employment Standards Act The Employer may layoff one or more Employees upon providing not less than fifteen (15) calendar days' written notice prior to the effective date of the layoff. All employees shall be selected to be laid off or recalled on the basis of their seniority on the seniority list relative to other employees in the job classification, with the more junior employee to be laid off first and recalled last. (a) (b) (c) An employee notified that she is to be laid off shall have the right to bump any other employee with less bargaining unit seniority in a lower or equivalent classification in their home site, provided that the employee has the requisite skill, ability and qualifications and experience to perform the available work. A bumping employee shall advise the Employer of their bumping preferences within two (2) days of receiving the notice of layoff. In all cases where a vacancy exists which the employer intends to fill and which the bumping employee has the requisite skill, ability, qualifications and experience, that vacancy shall be deemed to be the employee's preference within the home site. For the purposes of layoff, such application of seniority shall not be a means for promotion of the affected employee(s). Employees who are laid off shall be placed on a recall list and shall retain but not accrue seniority for 24 months after which seniority is lost. The right of recall shall cease 24 months after the date of layoff and the employee shall lose all seniority and be deemed terminated at that time A copy of any notice of layoff shall be provided to the Union at least on the same day that it is provided to the affected employee.

22 (a) Alternatively, a full or part time employee who has completed the probationary period and who is laid off in accordance with this agreement may elect to accept a termination package in the amount of two weeks regular wages in a non-overtime work week multiplied by the number of the employee s years of service and portions thereof to a maximum of 36 weeks less statutory deductions and such calculation of years of service shall be calculated from the last date of hire to the date of layoff. (b) An employee who elects at any time during the recall period prior to being recalled to terminate her employment shall be entitled and receive the termination package at which time the employee s name shall be removed from the recall list, the employee shall relinquish any seniority rights as well as the right to be recalled to employment and the Employer shall have no further obligation with respect to such employee An employee who has not received a notice that they are to be laid off under this article may offer to the Employer that she be selected to be laid off and, in the case that the Employer accepts that offer, the offering employee will, notwithstanding anything to the contrary contained in this Agreement, be deemed to be properly laid off without the right to displace a more junior employee Notwithstanding Article and subject to both statute and this Agreement, in the event of a layoff of an employee or other period of inactive employment including any kind of leave of absence in which the employee is entitled to receive and pay its share of insured benefit premiums, the employer shall pay its share of the insured benefit premiums up to the end of the month following the month in which the layoff, leave or other period of inactivity commenced Notwithstanding article 16.15, the employee may continue to pay the full premium cost of a benefit or benefits for up to a further two (2) months. Such payment can be made through express arrangement with the Employer [in the event that such payment is in accord with insurer provided that the employee informs the Employer of her intent to do so at the time the layoff, leave or other period of inactivity commenced and arranges with the Employer the appropriate payment schedule Insurability and the eligibility of any particular claim shall be subject to the insurance plan(s) and the decision of the insurer.

23 Subject to Article 16.02, an Employee on layoff possessing the necessary skills, ability and qualifications to perform the work available in the judgment of the Employer shall have a right of recall for alternative positions which become available during the layoff, in reverse order of layoff. Nevertheless, on accepting or refusing any position on recall other than the original position from which the employee was laid off, it is agreed and understood that the Employee does not waive her right of recall to the original position should it become available within twenty-four (24) months of the original layoff (a) Subject to the layoff and recall provisions of this agreement, an employee on layoff shall be given an opportunity of recall to a position within her classification prior to an employer hiring a new employee for the position. (b) Prior to commencing layoffs, the Employer shall release all casual or temporary employees in addition to the requirements of Article 16 subject to the operational efficiency of the Employer as determined by the Employer. (c) Before any layoffs of Bargaining Unit Employees take place employees in acting assignments shall be returned to their home positions subject to the operational efficiency of the Employer as determined by the Employer In the event a probationary employee is laid off, the probationary employee shall be deemed to be terminated with no right of recall In matters of mass layoffs as set out in the Employment Standards Act, Labour/Management Committee meeting shall be scheduled to explain reasons for layoff, the method of implementation and what assistance the Employer can give employees seeking new employment. The Employer will provide a current seniority list at the Labour/Management Committee meeting Vacation and sick leave accrue based on actual time worked. Accordingly, an employee on layoff shall not accrue vacation and sick leave while on layoff. Vacation and sick leave shall be prorated based on time worked When Employees are to be recalled by the Employer, they shall be notified by Registered Mail, Courier or Priority Mail to their last place of residence known to the Employer and a copy of the same will be provided to the Union. It shall be the responsibility of the employee to keep the Employer advised of his/her current address. The Employer shall not be liable for failure of notice pursuant to the terms of this Agreement to reach the employee in the event that such employee has not kept the Employer advised of his/her address. If the Employee fails to report to work within

24 22 seven (7) calendar days after the delivery or receipt of such notice, whichever is greater, the Employee shall be deemed to have quit Other than the right of recall and notwithstanding Article or 16.07, an Employee on layoff shall not be entitled to any of the benefits in this Agreement under Articles 29 and 30. ARTICLE 17 - PROMOTIONS, JOB POSTINGS, TRANSFERS, VACANCIES AND PROCEDURES Where a vacancy occurs, or a new position is created within the Bargaining Unit, which the Employer intends to fill, notice of the position shall be posted on the bulletin board or boards provided on the premises for that purpose and a copy sent to the Union for a minimum of ten (10) calendar days. The notice shall set out the job description, the qualifications required, the wage rate, the deadline for applications, and the person to whom applications are submitted. This requirement shall not apply to vacancies or new positions within the Bargaining Unit that are for duration of four (4) months or less Members shall submit written applications for the vacancy within the period indicated on the notice and such members shall be selected for posted positions on the basis of the following factors: a) Skill, ability, knowledge, experience, qualifications, training and education as determined by the Employer. b) Seniority Where, in the judgment of the Employer, two or more applicants are relatively equal with respect to the factors set out in item (a) for the position, and then seniority shall govern In all cases of job postings and transfers into a different position and/or classification, the above-noted factors in Article shall be considered by the Employer in filling any affected position subject to Article The successful applicant shall be allowed a trial period of up to Forty - Five (45) calendar days, during which the Employer will determine if the Employee can satisfactorily perform the job. Within this period the Employee may voluntarily return, or be returned by the Employer to the position formerly occupied, without loss of seniority. In such an event, all other affected employees shall be returned to their previous position prior

25 23 to the posting. The vacancy resulting from the posting may be filled on a temporary basis until the trial period is completed The Employer shall post the name of the successful applicant, if any. In the event there is no successful applicant and/or the successful applicant cannot satisfactorily perform the job during the trial period, the Employer may hire from outside the Bargaining Unit at its discretion in the event there is no other suitable candidate from the original competition who has achieved the identified threshold score and satisfied the job competition criteria Notwithstanding Article 2.08, a successful candidate under this clause shall not be able to apply for another position for six (6) months without the mutual agreement of the Employee and the Employer save and except a part-time candidate applying for a full time permanent position The Employer will upon receipt of written request from an unsuccessful job applicant, meet with the unsuccessful selected job applicant(s) to discuss the reasons why the applicant(s) were not successful When a new classification covered by the terms of this Agreement is established by the Employer, the Employer shall determine the rate of pay of such new classification and notify the Union of the rate of pay. If the Union challenges the rate, it shall have the right to request a meeting with the Employer to negotiate a mutually satisfactory rate. Such request will be made within ten (10) days after the receipt of notice from the Employer of such new classification and rate. Any change mutually agreed to resulting from such meeting shall be retroactive to the date that notice of the new rate was given by the Employer. If the parties are unable to agree, the dispute concerning the new rate may be submitted to arbitration as provided in the Agreement AT STEP TWO within fifteen days of such meeting An Employee, promoted or reclassified to a higher paying classification, shall receive the next higher rate of pay in the new classification. The Employee shall require an additional 1820 hours of work in order to move to the next step on the salary grid In the event the successful candidate is selected to fill a permanent position outside the bargaining unit, the candidate will have a trial period of three months during which the Employer will determine if the Employee can satisfactorily perform the job. Within this period the Employee may voluntarily return or be returned by the Employer to the position formerly occupied. In either event, the employee will retain and continue to