COLLECTIVE AGREEMENT BETWEEN: NOTRE DAME OF ST. AGATHA INC. (KidsLINK) -and- SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1 CANADA

Transcription

1 N679/679A COLLECTIVE AGREEMENT BETWEEN: NOTRE DAME OF ST. AGATHA INC. (KidsLINK) -and- SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1 CANADA EFFECTIVE: APRIL 1, 2009 EXPIRY DATE: MARCH 31,2011

2 INDEX ARTICLE 1 -GENERAL PURPOSE... 1 ARTICLE 2 - UNION RECOGNITION ARTICLE 3 - MANAGEMENT RIGHTS ARTICLE 4- UNION REPRESENTATION ARTICLE 5- UNION SECURITY... 4 ARTICLE 6- COMPLAINT AND GRIEVANCE PROCEDURE... 5 ARTICLE 7 -ARBITRATION PROCEDURE... 6 ARTICLE 8- UNION/EMPLOYER MEETINGS... 7 ARTICLE 9 - NO STRIKES OR LOCKOUTS... 7 ARTICLE 10 - DISCIPLINE ARTICLE 11 - SENIORITY... 8 ARTICLE 12- HOURS OF WORK AND OVERTIME ARTICLE 13- PAID HOLIDAYS ARTICLE 14- VACATIONS ARTICLE 15- SICK LEAVE ARTICLE 16 - LEAVES OF ABSENCE ARTICLE 17- HEALTH AND WELFARE ARTICLE 18- UNION BULLETIN BOARDS ARTICLE 19 - JOB VACANCIES AND NEW JOBS ARTICLE 20 - JOB ASSIGNMENT/TRANSFER ARTICLE 21- ACCIDENT PREVENTION HEALTH & SAFETY COMMITTEE ARTICLE 22 - PAY PERIOD ARTICLE 23 - MILEAGE ALLOWANCE ARTICLE 24 - WORKPLACE SAFETY AND INSURANCE BENEFITS ARTICLE 25 -TERM OF AGREEMENT SCHEDULE "A" Letter of Understanding - 1. Re: Part Time Employees Letter of Understanding - 2. Re: Unfounded Allegations Of Abuse Letter of Understanding - 3. Re: Overnight Sleep Workers Letter of Understanding - 4. Re: Overtime Assignment Letter of Understanding- 5. Re: Temporary Vacancies Letter of Understanding - 6. Re: Training Compensation Letter of Understanding - 7. Re: Pension Plan Letter of Understanding - 8. Re: Responsibility Pay Letter of Understanding - 9. Re: Additional Funding Letter of Understanding Re: Safety Shoes... 29

3 COLLECTIVE AGREEMENT Between: NOTRE DAME OF ST. AGATHA INC. (KidsLINK) - and- (hereinafter called the "Employer'') SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1 CANADA (hereinafter called the "Union") ARTICLE 1 GENERAL PURPOSE 1.01 The general purpose of this Agreement is to maintain harmonious relations between the Employer and its Employees and to provide an orderly procedure for the prompt and equitable disposition of grievances and to set forth formally the rates of pay, hours of work and other work related conditions that have been agreed upon. ARTICLE 2 - UNION RECOGNITION 2.01 The Employer recognizes the Union as the exclusive bargaining agent for all matters arising out of this Agreement for all Employees of the Employer in St. Agatha, Ontario, save and except Supervisors, persons above the rank of Supervisor, Office & Clerical staff, persons regularly employed for not more than twenty-four (24) hours per week and students employed during the school vacation period, according to the certificate dated the 2nd day of November, 1984 and further agrees that it will not enter into any agreement with an employee that conflicts with any of the provisions of this Agreement. Persons working under Special Need Agreements with the Ministry of Community, Family and Children's Services are not Employees of the Employer (a) The Employer and the Union agree that there will be no discrimination, intimidation, interference, restriction or coercion exercised or practised by any of their representatives or members with respect to any Employee because of her/his membership or non-membership in the Union. (b) The Employer and the Union agree to abide by the Ontario Human Rights Code as amended from time to time. There shall be no discrimination or harassment by either party or any agent of the parties or any Employee on the grounds of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offenses, marital status, family status or handicap, except as provided for in the Human Rights Code. 1

4 It is further agreed that the terms referred to above shall be interpreted in accordance with the definitions contained in Section 1 0 of the Human Rights Code, as amended from time to time There shall be equal pay for equal work Supervisors shall not work regularly on jobs which are included in the bargaining unit except in cases of emergencies, safety, experimental work, instruction and volunteer work where previously done or as mutually agreed upon by the parties The Employer will supply the Union Committee with a list of supervisors and those above the rank of supervisor. The list will be adjusted after changes occur It is agreed that the word "Employee" or "Employees" wherever used in this Agreement shall be deemed to refer only to an Employee or Employees in the bargaining unit as hereinbefore defined and where the feminine or singular is used in this Agreement it shall be deemed to include the masculine or plural, and vice-versa, where the context so requires The Union agrees that there will be no Union activities on the Employer's premises except as specifically provided for in the Agreement or with the permission of the Employer. This provision is not intended to restrict brief casual conversations A temporary Employee is one employed for a specified period to, for example, replace an Employee who is ill, on vacation or holidays, on leave of absence, or maternity leave or to work as support in special circumstances. Temporary Employees shall be covered by all provisions of this Agreement save and except they shall not be eligible for any fringe benefits set out in Articles 13, 14 and 17, other than those specified in the Employment Standards Act, nor shall temporary Employees accrue seniority or have the right to grieve termination. Sick leave credits will expire when the Employee completes the period of temporary employment unless the temporary employment is renewed o r extended without a break. The Employer agrees to provide the Union with the name of the temporary Employee and the Employee being replaced. For the purpose of clarity, permanent Employees accrue seniority and service while in a temporary position. Temporary Employees shall receive credit for seniority and service from the start of their contract should they receive a permanent position if they have been in continuous employment with the Employer from the date of last hire. ARTICLE 3 - MANAGEMENT RIGHTS 3.01 The Union acknowledges and recognizes that all matters concerning the management of the Employer's operation and the direction of the working force are fixed exclusively with the Employer and shall remain solely with the Employer 2

5 except as specifically limited by an express provision of this Agreement. Without restricting the generality of the foregoing, the Union acknowledges and recognizes that it is the exclusive function of the Employer to: a) maintain order, discipline and efficiency; b) hire, assign, direct, classify, transfer, lay-off, recall, promote, demote, retire, discharge, and suspend or otherwise discipline Employees subject to the right of an Employee who has completed the probationary period to lodge a grievance as herein provided; c) determine classifications, standards of performance, hours of work, work assignments, methods of doing work, and the working establishment for any service; d) determine the number of personnel required, services to be performed and the methods, procedures and equipment to be used in connection therewith; e) determine the methods of training and testing Employees; and f) make, enforce, and alter rules and regulations to be observed by Employees which are not inconsistent with the provisions of this Agreement The Employer shall exercise these rights in a manner consistent with the express conditions of this Agreement The Employer has a right to suspend or discharge probationary Employees in its sole discretion but Employees who have completed their probationary period will only be disciplined or discharged for just cause. ARTICLE 4- UNION REPRESENTATION 4.01 The Employer acknowledges the right of the Union to appoint or elect from amongst the Employees covered by this Agreement three (3) Union Committee persons for the purpose of assisting Employees in the processing of any grievance which properly arises under the provisions of this Agreement and for the purpose of negotiating renewal of Collective Agreement The Union Committee shall have the right to have the assistance of representative (representatives) of the Union when meeting with the Employer or Employer's representatives. Such meeting will be arranged with the Executive Director or designate in accordance with this Agreement It is understood and agreed that a member of the Union Committee has her/his regular work to perform on behalf of the Employer. However, should she/he be required to assist an Employee in presenting a grievance during her/his regular working hours, she/he shall not leave her/his work without first obtaining the 3

6 perm1ss1on of her/his Supervisor. Such perm1ss1on will not be unreasonably withheld. When resuming her/his regular duties she/he shall again report to her/his Supervisor a) b) c) Employees on the Union Negotiating Committee shall be compensated by the Employer to the extent of their regular pay for their regularly scheduled working hours missed due to attending negotiating meetings with representatives of the Employer up to but not including conciliation. An aggrieved Employee and the Union Committee shall be compensated by the Employer to the extent of regular pay for their regularly scheduled working hours reasonably missed due to attending formal grievance meetings up to but not including arbitration as defined in Article 7. The Union Committee will be compensated by the Employer to the extent of the regular pay for regularly scheduled working hours missed due to attending Union/Employer meeting under Article The Union shall notify the Employer of the names and addresses of the Union Committee, Chief Steward and Union Representative in writing and further agrees to advise the Employer promptly in writing of any change in same All correspondence from the Employer to the Union arising out of this Agreement shall be forwarded to the Chief Steward and Union Representative. ARTICLE 5 - UNION SECURITY 5.01 The Employer shall deduct from every Employee the regular Union dues levied by the Union. The Union shall inform the Employer in writing of the authorized monthly deduction to be checked off. The Employer will provide the Union with electronic Union dues remittance as determined and required by the Union from time to time All present Employees who are members of the Union covered by this Agreement shall remain members in good standing for the duration of their employment as a condition of employment Deductions shall be made from the first payroll of each month and shall be forwarded to the Secretary-Treasurer of the Local Union not later than the fifteenth (15th) day of the following month, accompanied by a list of the names and classifications of Employees from whose wages the deductions have been made. The Union agrees to indemnify and to save the Employer harmless with respect to all Union dues so deducted and remitted New Employees shall have deductions for Union dues made from the first pay of the month following completion of three (3) weeks employment T-4 slips issued annually to Employees shall show deductions made for Union dues. 4

7 5.06 a) b) Time will be made available without loss of pay for a Union representative to meet for thirty (30) minutes with new Employees during regular working hours. The Employer reserves the right to require more than one (1) Employee to meet with the Union as a group for a total of thirty (30) minutes. The Employer shall advise the Union as to the names of any new employees within the bargaining unit and their start date On a bi-annual basis, the Employer shall provide to the Union, a complete list of all Employees' names, addresses and telephone numbers. This list will be sent directly to the designate Office the Union Representative works out of. ARTICLE 6 - COMPLAINT AND GRIEVANCE PROCEDURE 6.01 For the purposes of this Agreement a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration, or alleged violation of the Agreement including any question as to whether a matter is arbitrable For the purposes of this Agreement the words "working days" shall not include Saturdays, Sundays or paid holidays It is the mutual desire of the parties to this Agreement that a complaint of an Employee shall be resolved as promptly as possible. It is agreed that an Employee has no grievance unless she/he has discussed her/his complaint with her/his immediate supervisor within 7 working days of the incident giving rise to the complaint. The supervisor shall reply within five (5) working days of discussing the complaint. Failing settlement, any grievance shall be processed and dealt with as set forth below Step No. 1 - The Employee accompanied by a member of the Union Committee, must deliver a written grievance signed and dated by the griever to her/his immediate supervisor within three (3) working days of her/his supervisor's reply. The nature of the grievance, the remedy sought, and the sections of the Agreement which are alleged to have been violated shall be set out on the grievance form. The immediate Supervisor shall deliver her/his decision in writing within five (5) working days following the day on which the grievance was presented to her/him. Failing settlement then: 6.05 Step No. 2- Within five (5) working days following the decision under Step No. 1, the Employee shall deliver the written grievance to the Department Director or her/his designate. The Director shall deliver her/his decision in writing within five (5) working days following the day on which the grievance was presented. Failing settlement, then: 6.06 Step No. 3 - The written grievance shall be delivered within five (5) working days following the decision under Step 2 to the Executive Director or designate who will 5

8 meet with the grievor, Union Committee and Union Representative to review the grievance. The Executive Director or designate will contact the Union office to set up a Step 3 meeting at a mutually agreeable time. A decision shall be rendered by the Executive Director or designate within ten (1 0) working days from the date on which the Step 3 grievance meeting was convened. In the event that the decision of the Executive Director or designate is not satisfactory to the Union, the Union may refer the matter to arbitration in accordance with the provisions of the Agreement. It is agreed that when the Executive Director or designate, Griever, Union Committee or Union Representative is unavailable, either party may request an extension of time limits. Such request shall not be unreasonably denied Group Grievance - Where two or more Employees have a grievance of an identical nature, the Union may initiate such grievances as a group grievance at Step No. 2 of the Grievance Procedure, provided such group grievance is presented in writing within five (5) working days of the incident giving rise to the grievance. Only those Employees who have signed a grievance shall be included in the group grievance Policy Grievance - It is agreed that a grievance anstng directly between the Employer and the Union shall be originated by either party under Step No.2 above within five (5) working days after the circumstances giving rise to the grievance have occurred or originated and the time limits set out with respect to that step shall appropriately apply. The Union Representative may attend this meeting. However, it is understood that the provisions of this section may not be used with respect to a complaint or a grievance directly affecting an Employee or Employees and that the regular grievance procedure shall not be by-passed All agreements reached under the grievance procedure between the representatives of the Employer and the representatives of the Union shall be final and binding upon the Employer, the Union and the griever or grievors concerned. ARTICLE 7 - ARBITRATION PROCEDURE 7.01 If either party requests that a grievance be submitted to arbitration the request shall be in writing addressed to the other party of the grievance and shall contain the name of the party's Nominee to the Board of Arbitration. The other party to the agreement shall within ten (10) days thereafter nominate its member to the Board of Arbitration and the two (2) so nominated shall endeavour within the ten (10) days after their appointment to agree upon a third person to act as Chairman of the Board of Arbitration. If the parties are unable to agree upon a third person within ten (10) days after their appointment then a third person shall be appointed by the Office of Arbitration of the Ministry of Labour of the Province of Ontario Each of the parties shall pay the expense of their own Nominee and one-half of the fees and the expenses, if any, of the Chairman. 6

9 7.03 Proceedings before the Arbitrators shall be expedited by the parties hereto. The decision of the Board of Arbitration shall be final and binding on both parties to this Agreement Nothing in this Agreement shall prevent the parties to this Agreement from agreeing on a single Arbitrator to hear and decide any matter which may be referred to arbitration. If the parties agree to the use of a single Arbitrator then the cost of such Arbitrator shall be shared equally by the parties The Arbitration Board shall not have jurisdiction to amend or add to any of the provisions of this Agreement, or to substitute any new provisions in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement All time limits referred to in the Grievance Procedure and Arbitration Procedure shall be construed as mandatory and failure to comply with any time limit shall be deemed an abandonment of the grievance or denial of the grievance as the case may be. Notwithstanding the foregoing, the parties may agree to waive or extend any of the time limits established in this Grievance Procedure. However, any such agreement shall be in writing and acknowledged by the parties. ARTICLE 8- UNION/EMPLOYER MEETINGS 8.01 The Union Committee and Employer shall meet on a monthly basis at a mutually agreed to time to discuss issues arising from or related to workplace conditions. Each party will submit an agenda of matters to be discussed at least one week prior to a scheduled meeting. If no agenda is submitted at least one week prior to the scheduled date, the meeting will be cancelled. Once agreed to by both parties, minutes from the meeting will be signed off. Nothing in this article shall preclude special Union/Management meetings should the need arise. The Union Committee members (up to a maximum of three (3)) will suffer no loss of regular earnings for attendance at the Joint Union/Employer meetings during regularly scheduled work hours. ARTICLE 9 - NO STRIKES OR LOCKOUTS 9.01 There shall be no strikes or lockouts so long as this Agreement continues to operate. The word "strike" and the word "lockout" shall have the meaning as set forth in the Labour Relations Act, as amended. ARTICLE 10 - DISCIPLINE An Employee subject to formal discipline which results in written documentation being placed in the Employee's personnel file shall, if the Employee so requests, have the right to require a Union Committee Member at any meeting held for the purpose of communicating said discipline to the Employee. The Employer will inform the Employee of this right An Employee shall, upon written request to the Director, be permitted to review her/his personnel file. The review shall take place in the presence of, and at a 7

10 time convenient to the Department Director or her/his designate. The Employee may be accompanied by a Union Committee Member if the Employee wishes. Upon reviewing the file, one copy of any new information not previously viewed shall be provided to the Employee at no charge. Any subsequent copies requested of information previously provided will be at the cost of the Employee A claim by an Employee who has completed her/his probationary period that she/he has been unjustly discharged, shall be treated as a grievance if a written statement of such grievance is lodged at Step 2 of the grievance procedure within ten (1 0) calendar days after the date of such discharge, and the time limits set out with respect to that step shall appropriately apply Employees who have completed their probationary period shall only be disciplined for just cause. The Employer agrees to provide notice in writing of written warnings, suspension or discharge to the Employee concerned. A copy of notification of discharge shall be provided to the Chief Steward and to the Union Representative by fax within a reasonable period of time The parties recognize that the Employer maintains a practice of progressive discipline to correct unsatisfactory work performance or inappropriate conduct and to prevent its reoccurrence. Therefore, it is agreed if disciplinary action is administered and no further disciplinary action is administered for a period of twenty-four (24) months of active employment, the disciplinary action will be removed from the Employee's file. It is agreed that any disciplinary action or decision shall not be based solely on any item in the Employee's personnel record which has been on file for more than one (1) year. It is further agreed that the removal of disciplinary action from an Employee's file shall not apply to any disciplinary action administered for misconduct related to abuse or health or safety of a client. Records of such disciplinary action shall remain on an Employee's file and be considered in any subsequent disciplinary action. The determination of what constitutes abuse or health or safety of a client shall be made with reference to the Child and Family Services Act, the Regulations and the policies and procedures of the Agency In order to be valid disciplinary action or as grounds for further disciplinary action, discipline must be communicated to the Employee concerned within ten (1 0) working days of becoming aware of the incident, or of the culminating incident giving rise to the discipline. ARTICLE 11 - SENIORITY An Employee will be considered on probation and will not be subject to the seniority provisions of this Agreement nor shall her/his name be placed on the appropriate seniority list until she/he has completed three (3) calendar months 8

11 worked for the Employer since the date of the last hiring by the Employer. This probation period may be extended by agreement between the Employer and the Union. The discipline, discharge or lay off of a probationary Employee shall not be the subject of a grievance. Upon satisfactory completion of the probationary period, the Employee's name shall be placed on the seniority list In this Agreement seniority, unless otherwise reduced, shall mean the length of continuous service in the bargaining unit computed from the date of last hiring by the Employer In cases of promotions, transfers, assignments and recall, seniority shall prevail provided that in the opinion of the Employer, the skill, ability, experience and qualifications of the Employees are relatively equal A seniority list showing the names of Employees who have completed the probationary period and their length of service with the Employer from the most recent date of hire shall be maintained by the Employer. A copy of such list shall be provided semi-annually to the Chief Steward and Union Representative. A copy will be posted on the Union Bulletin Board An Employee shall lose all seniority and her/his employment with the Employer will be terminated if she/he: a) voluntarily quits the employ of the Employer; b) is discharged and is not reinstated ; c) is absent due to lay off for more than twenty-four (24) months; d) fails to report for work within seven (7) working days after issuance of a notice of recall by registered mail to her/his last address on record with the Employer; e) is absent for three (3) consecutive working days without notifying the Employer; f) fails to return to work upon the termination of an authorized leave of absence without notifying the Employer for five (5) consecutive working days; g) retires or is retired No new Employees shall be hired until those laid off have been given an opportunity for recall It is the sole responsibility of the Employee who has been laid off to notify the Employer of her/his intention to retum to work within five (5) working days (exclusive of Saturdays, Sundays and paid holidays) after being notified to do so by 9

12 registered mail, addressed to the last address on record (which notification shall be deemed to have been received on the second day following the date of mailing) and to return to work within seven (7) working days after being notified. The notification shall state the job to which the Employee is eligible to be recalled and the date and time the Employee shall return to work. The Employee is solely responsible for her/his proper address being on record with the Employer Seniority shall be retained and accumulated when an Employee is absent from work under the following circumstances: a) when on an approved leave of absence with or without pay, that does not exceed one (1) month; b) when on vacation; c) when absent due to personal illness or accident proven to the satisfaction of the Employer; d) when absent on a pregnancy leave or parental leave as set out in the Employment Standards Act of Ontario Seniority shall be retained but not accumulated when an Employee is absent from work under the following circumstances: a) when on an approved leave of absence with or without pay that exceeds one (1) month; b) when absent due to lay off for a period not longer than ten (1 0) months In the event of a proposed lay off, the Employer will: a) provide the Union with no less than sixty (60) calendar days of such lay off and; b) meet with the Union to review the following: i) the reasons causing the lay off; ii) the service which the Agency will undertake after the lay off; iii) the method of implementation including the areas of cutback and the staff to be laid off. This Article shall not apply to a layoff caused by the return of an Employee from a leave of absence a) In the event of a lay off, the Employer shall lay off Employees in the reverse order of their seniority within their classification, providing that the Employee(s) who remain on the job have the ability to perform the work available. 10

13 b) An Employee who is subject to lay off shall have the right to either: i) accept the lay off; or ii) displace an Employee with less bargaining unit seniority and who is the least senior Employee in a lower or identical paying classification in the bargaining unit if the Employee originally subject to lay off can perform the duties of the lower or identical classification without training other than orientation. Such Employee so displaced shall be laid off subject to the lay off procedure. c) An Employee shall have the opportunity of recall from the lay off to a vacancy before such opening is filled on a regular basis under a job posting procedure. The posting procedure in the Collective Agreement shall not apply until the recall process has been completed. d) An Employee recalled to work in a different classification from which she/he was laid off shall have the privilege of returning to the position she/he held prior to the lay off should it become vacant within six (6) months of being recalled. e) Employees on lay off or notice of lay off, shall be given preference for temporary vacancies which are expected to exceed ten (10) working days. An Employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay off. f) Any Employee who has completed her/his probationary period, who is laid off as a result of a change in the complement of full-time and part-time positions shall be given preference for any part-time positions created thereby. g) In the event that a lay off commenced on the day immediately following a paid holiday, an Employee otherwise qualified for holiday pay shall not be disentitled thereto solely because of the day on which the lay off commenced Unless legislation is more favourable to the Employees, the Employer shall give Employees who are to be laid off the following notice of lay off or normal pay for that period in lieu of such notice; a) Up to two (2) years service- three (3) weeks notice; b) Three (3) years or more but less than four (4) years service- six (6) weeks notice; c) Four (4) years or more but less than five (5) years service - eight (8) weeks notice; d) Five (5) years but less than six (6) years service- ten (1 0) weeks notice; 11

14 e) Six (6) years service or more - twelve (12) weeks notice. Service shall be calculated as stated above as of the date of the proposed lay off The Employee shall keep the Employer advised at all times of her/his current address. The Employee shall return to work within ten (10) working days following the issuance of notice to recall by registered mail to her/his last address on record with the Employer Grievances concerning lay offs and recalls shall be initiated at Step No. 2 of the grievance procedure Continuation of Benefits on Lay off - The Employer agrees to continue to pay its share of premiums for Employee benefit plans on behalf of Employees laid off for a period of thirty (30) days or less. Employee contributions for such plans shall be deducted from the last paycheque. ARTICLE 12 - HOURS OF WORK AND OVERTIME It is understood and agreed that the provisions of this Article shall not be construed as a guarantee or of a limitation upon working schedules, the hours of work to be done per day or per week or the days of work per week Other than night shift Employees, hours of work shall be eight (8) hours per day with a thirty (30) minute paid lunch and Employees employed in residential care units will be required to eat their lunch with the children. Shifts of longer duration will be given an additional twenty (20) minute paid break for each additional four (4) hours of work. Flexible hours may be agreed to by the parties Night staff hours of work shall be assigned by the Employer If an Employee is authorized by her/his Supervisor to work and does work in excess of her/his regular hours as set out in Article and up to and including forty-two ( 42) hours in any week she/he shall be entitled at the discretion of the Employer, to either: a) lieu time off equivalent to the Employee's regular straight time hourly rate of pay for time so worked, such time to be taken within three (3) months of the time so worked and at a time mutually agreed to with the Employer; or b) payment at the Employee's regular straight time hourly rate of pay for time so worked If an Employee is authorized by her/his Supervisor to work in excess of eighty-four (84) hours per pay period, she/he shall be entitled to choose either: a) lieu time off equivalent to one and one-half (1}'2) times the Employee's 12

15 regular straight time hourly rate of pay for time so worked, such time to be taken within three months of the time so worked and at a time mutually agreed to with the Employer; or b) payment at the rate of one and one-half (1%) times the Employee's regular straight time hourly rate of pay for time so worked Employees recognize the need for overtime and agree to co-operate with the Employer in the performance of such. The Employer undertakes to keep overtime to a minimum Employees recognize that lieu time is the preferred method of compensation It is understood that there will be no duplication or pyramiding of any premium payments in this Agreement When an Employee reports for work at her/his assigned starting time without being notified in advance by the Employer not to report to work at said time, the Employee shall receive work or pay in lieu of work for the scheduled shift If an Employee works a complete scheduled shift and is required to stay and work an additional complete shift immediately following the regularly scheduled shift, the Employee will be paid at the regular straight time hourly rate for all hours worked on the additional shift, plus another shift off with pay at straight time at a mutually agreeable time For the purpose of calculating overtime, hours worked do not include vacation, paid holidays, paid time while sick, lieu time, or bereavement leave. ARTICLE 13 - PAID HOLIDAYS For the purposes of this Agreement, the following days will be recognized as paid holidays: New Year's Day Good Friday Easter Monday Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day Christmas Day Boxing Day *Float Holiday *"Float Holiday" to be taken by mutual agreement between the Supervisor and the Employee. Employees will qualify for the Float Holiday as of the first Monday in February each year in accordance with the qualifications for earning other holidays using the assumption that the first Monday in February is the holiday. 13

16 Should the Government proclaim a fixed date as compulsory, it shall be celebrated on that date. The Employer agrees to pay an Employee, as holiday pay, a sum equal to the total amount of regular wages and vacation pay payable to the Employee in the four ( 4) work weeks before the work week in which the public holiday occurred, divided by twenty (20), provided that the Employee works her/his full scheduled day of work immediately preceding and immediately following the paid holiday a) An Employee who is required to work on a paid holiday will be paid for authorized work performed on such day at one and one-half (1Y2) her/his hourly rate of pay for all hours worked. If the Employer sends the Employee home prior to the end of her/his scheduled shift on the paid holiday, the Employee will be paid her/his regular straight time hourly rate of pay for any hours remaining in the scheduled shift. In addition, and provided she/he qualifies under Article 13.01, she/he may substitute another working day for the paid holiday. The Employer agrees to pay an Employee, as holiday pay, a sum equal to the total amount of regular wages and vacation pay paid to the Employee in the four ( 4) work weeks before the work week in which the public holiday occurred, divided by twenty (20) for the substituted holiday. The substitution shall be no later than three (3) months after the paid holiday. b) Notwithstanding the provisions of Articles and (a), an Employee who works a full scheduled day of work on a paid holiday and who does not qualify under Article 13:01, solely because she/he was absent due to illness on one of the full scheduled days of work immediately preceding or immediately following the paid holiday, shall be deemed to qualify for the paid holiday Where a paid holiday falls on an Employees scheduled day off or within the Employee's vacation period and provided that the Employee qualifies under Article 13.01, the Employer shall substitute another working day for the paid holiday The Employer shall determine the number of Employees required to work in each classification on a paid holiday. An Employee who wishes time off work on a paid holiday shall notify the Employer in writing at least four (4) weeks prior to the paid holiday. In scheduling for paid holidays, if the Employer requires people to work who have requested time off, the decision about who will be allowed time off work will be based on seniority. Employees may be required to work either Christmas/Boxing Day or New Year's Day on alternate years. 14

17 ARTICLE 14 - VACATIONS An Employee in the active employ of the Employer shall be entitled to vacation with pay based on time worked as follows: Three (3) weeks vacation upon the completion of one (1) year of service; Four ( 4) weeks vacation upon the completion of three (3) years of service; Five (5) weeks vacation upon the completion of eight (8) years of service; Six (6) weeks vacation upon the completion of ten (1 0) years of service. Vacation will be earned and accumulated on a monthly basis. Vacation credits will not be earned or accumulated while an Employee is absent for any reason other than vacation leave for more than ten (10) consecutive working days. Employees can draw on earned vacation credits in accordance with the provisions of Article The Employer retains the right to schedule vacations. Employees shall submit vacation requests prior to April 30th each year. Where two (2) or more Employees request the same vacation period and the Employer is not able to grant their request, Employee's preference will be granted on the basis of seniority. The vacation schedule will be posted no later than May 31st_ Vacation requests received after April 30th will be considered on a first-come, first-served basis rather than on the basis of seniority and Employees will be advised within two (2) weeks following submission of the vacation request whether the request has been granted or denied In the event of termination of employment the Employer shall pay the Employee any accrued but unused vacation entitlement on a pro rata basis For the purposes of calculating vacation and eligibility for vacation the vacation year shall be based on the anniversary of employment Vacation time must be taken within one ( 1) year following the period for which it is earned and cannot be accumulated and taken in any subsequent vacation year unless authorized in advance by the Executive Director in writing Vacation may not be taken during the probationary period; however after six (6) months of continuous active employment, an Employee will be permitted to take one (1) week of earned vacation entitlement provided that the entire week is taken a) b) An Employee who becomes seriously ill and is hospitalised after having started her/his vacation may request sick pay benefits and if it is granted, the period of vacation displaced shall be reinstated for use at a later date. Such request shall not be unreasonably denied. Under no circumstances may an Employee receive both sick pay benefits 15

18 and vacation with pay at the same time. c) An Employee who is scheduled for vacation and suffers a disability due to sickness or accident prior to the commencement of the vacation, may request that the scheduled vacation be postponed. Such request shall not be unreasonably denied. d) An Employee who qualifies for bereavement leave under Article during her/his vacation may request bereavement leave and if it is granted, the period of vacation displaced shall be reinstated for use at a later date. Such request shall not be unreasonably denied. ARTICLE 15 - SICK LEAVE Accrued sick leave credits may be used when illness or accident renders an Employee unable to work. Sick leave credits used shall be deducted from total sick leave credits accumulated An Employee is entitled to sick leave on the basis of one and one-half (1%) days per month of active employment to a total of eighteen (18) days per year The unused portion of sick credits shall be allowed to accumulate to a maximum of one hundred and twenty (120) days Sick leave credits will expire upon termination of employment for any reason Where an Employee is in receipt of Workplace Safety and Insurance benefits, the Employee may elect to draw on accumulated sick leave credits in order to receive the equivalent of eight (8) hours pay at regular straight time rates for each work day of absence. Sick leave credits so used shall be deducted from the accumulated total at the rate of one-quarter (1/4) day per day of absence. It is understood that this arrangement is only available to Employees until accumulated sick leave credits are exhausted. The foregoing is intended to make up the difference between Compensation benefits received and a full day's pay An Employee, upon returning to work from sick leave of five (5) or more working days, is required to present proof of illness or accident and inability to work in the form of a medical certificate. A medical certificate may be requested by the Employer for an absence of Jess than five (5) days. Such request will not be made unreasonably. The Employer agrees to pay the cost of any medical certificates requested by the Employer under this provision. 16

19 15.06 An Employee absent under this Article must notify the Employer on the first day of absence before the time she/he would normally report for duty. Failure to give adequate notice may result in loss of sick leave pay The Union acknowledges the right of the Employer to require medical examinations of the Employees by a medical practitioner. Medical certificates required by the Employer or legislation shall be paid for by the Employer An Employee may use up to five (5) days of their accrued sick credits to attend to family illness or emergency. An Employee's family is those with whom they share an intimate living relationship and/or regard as close relatives. ARTICLE 16 - LEAVES OF ABSENCE Personal Leave a) The Employer may, in its discretion, grant a leave of absence without pay to the Employees for legitimate personal reasons. b) Requests for leave under this Article shall be made in writing to the Executive Director at least one ( 1) month prior to the requested date of departure. The request shall state the reason for the leave, the date of departure and the date of return. c) An Employee will be credited with seniority during an unpaid leave of absence up to a maximum of one (1) month Pregnancy/Parental Leave a) Pregnancy and parental leaves will be granted in accordance with the Employment Standards Act of Ontario. b) An Employee may begin her pregnancy leave rio earlier than the earlier of the day that is seventeen (17) weeks before her due date; and the day on which she gives birth. c) An Employee's parental leave ends thirty-five (35) weeks after it began, if the Employee also took pregnancy, and thirty-seven (37) weeks after it began otherwise, as provided under the Employment Standards Act. d) An Employee shall accumulate credit for service and seniority during an approved pregnancy or parental leave. e) The period of an Employee's leave shall not be included in determining whether or not he/she has completed a probationary period. 17

20 16.03 Pregnancy Leave a) Subject to (b) below, an Employee who is pregnant shall be entitled, upon application, to pregnancy leave and parental leave. The Employee shall give the Employer two (2) weeks notice, in writing, of the day upon which she intends to commence her leave of absence unless impossible. b) The Employee must have started employment with her Employer at least thirteen (13) weeks prior to the expected date of birth. c) The Employee shall give at least three (3) weeks advance notice of her intention to return to work. The Employee may shorten the duration of the leave of absence requested under this Article upon giving the Employer three (3) weeks notice of her intention to do so, and furnishing the Employer with a certificate of a legally qualified medical practitioner stating that she is able to resume her work. An Employee who has given notice to end leave may change the notice to a later date if she gives the Employer at least four (4) weeks written notice in advance of the date the leave was to end Provided that, prior to the start of the leave, the Employee leaves sufficient postdated cheques with the Agency to cover the Employee's contribution to the benefit plans during the period of leave, the Agency shall continue to pay its portion of the benefits outlined in Article 17 herein An Employee who intends to resume her employment upon the expiration of the leave of absence, shall so advise the Agency in writing at the time when she requests the leave of absence. Upon her return to her work, an Employee will be reinstated to her former job, if it still exists, or to a comparable position if it does not, provided the Employee has the qualifications and the seniority to work in the comparable position. All Employees who have been reassigned as a result of the Employee's leave of absence shall likewise be returned to their former positions Upon reinstatement, the Agency shall pay the Employee wages that are equal to the greater of: a) the regular hourly wage rate that the Employee was most recently paid by the Agency; or b) the regular hourly wage rate that the Employee would be eaming had the Employee worked throughout the leave Sub Plan (effective April1, 2008)- An Employee must complete ten (1 0) months of continuous service prior to the expected date of birth of the child or the date the child first came into care or custody of the Employee, to be paid a supplemental Employment Insurance Benefit (SUB). An Employee on pregnancy leave who is in receipt of Employment Insurance pregnancy leave benefits shall be paid a supplemental Employment Insurance Benefit. 18

21 That benefit will be the equivalent to the difference between sixty percent (60%) of her regular weekly earnings and the sum of her weekly rates of Employment Insurance Benefits. In any week, the total amount of SUB payments and the weekly rate of E.l. benefits will not exceed sixty percent (60%) of the Employee's regular weekly earnings. Vested Interest - Employees do not have a right to SUB payments except for supplementation of E. I. benefits during the unemployment period as specified in the plan. Other Income - Payments in respect to guaranteed annual remuneration or in respect of deferred remuneration or severance pay benefits are not reduced or increased by payments received under this plan. Such payment shall commence after the two (2) week employment insurance waiting period, if any, and shall continue while the Employee is in receipt of such benefits for a maximum period of fifteen (15) weeks in the case of pregnancy leave. The Employee's regular weekly earnings shall be determined by multiplying her regular hourly rate on her last day worked prior to the commencement of the leave times her normal weekly hours. The regular hourly rate shall be calculated to include all of the Employee's insurable earnings as defined by the Employment Insurance System. The SUB top-up by the Employer would not take into account E.l. insurable earnings from sources other than this facility Bereavement Leave a) In the event of the death of an Employee's current spouse/partner, parent, current step-parent, current mother-in-law, current father-in-law, child, step-child, brother, sister, current brother-in-law, current sister-in-law, grandparent, or current step-grandparent, the Employer shall grant up to five (5) consecutive calendar days off, commencing with the date of death, without loss of pay for scheduled work for the purpose of making arrangements for or attending the funeral or for formal observance of the death. b) At the discretion of the Executive Director, or her/his designate, one (1) day without loss of pay for scheduled work may be granted for the purpose of attending the funeral of a person not covered in (a). Such request may be made on the first day back at work following the funeral where it was not possible to obtain approval prior to the day of the funeral. Such request shall not be unreasonably denied. c) An Employee may be granted extended bereavement leave, without compensation, for the purpose of travelling to a funeral that would be a distance in excess of three (3) hours travel time. 19

22 16.09 Union Leave of Absence - Provided it does not impact on the Employer's operational requirements, the Employer shall grant a total of up to thirty (30) working days per calendar year for leaves of absence without pay to attend Union conventions or seminars. Any requested Union leave of absence will be directed to the Employer at least fourteen (14) days prior to such leave of absence commencing. Employees on Union leave will have their pay for scheduled shifts missed continued by the Agency. The Agency will then forward a statement of such wages to the Local 1 Canada Office for reimbursement and Local 1 Canada undertakes to make payment within a reasonable period of time Jury and Witness Duty - An Employee serving as a juror or who is required by subpoena to attend a court of law, or required to attend a coroner's inquest, will receive the difference between her/his jury or witness pay and her/his regular pay for the lost time while serving in one of these capacities, provided the Employee furnishes the Employer with a certificate of service signed by the Clerk of the Court showing the amount of jury fee or witness fee paid. This will be effected by Employees signing over their jury/witness fees. The Employer will continue regular salary payments Maintenance of Benefits - The Employer will continue to pay its portion of the premiums for benefits outlined in Article for a period of twelve (12) months while an Employee is: a) drawing sick leave credits; or b) receiving Workplace Safety and Insurance benefrts. It is understood that the Employee must promptly remit her/his portion of the premiums upon being requested by the Employer Education Leave a) Upon completion of at least five (5) years of continuous service with the Agency, an Employee may apply for an unpaid education or career development leave of absence for up to a period of one (1) year. b) Where the Agency requests (in writing) an Employee to take courses to upgrade or acquire new employment qualifications, the Agency shall pay the full costs associated with such courses. c) In-Service Program - Both the Employer and the Union recognize their joint responsibility and commitment to provide and to participate in inservice education. The Employer may provide, where it deems necessary, programs related to the requirements of the agency. Available programs will be publicized. 20

23 16.13 Emergency Leave of up to ten (10) days per year will be granted in accordance with the Employment Standards Act of Ontario. ARTICLE 17 HEALTH AND WELFARE a) Effective April 1, 1996, the Employer agrees to pay eighty percent (80%) of the premium cost of the following: i) An extended health care package providing the current benefits - Semi Private coverage included. Employees will be provided with a drug card to be used for pay direct services. ii) A basic dental plan at 2006 ODA rates (Deductible $25.00 per year - single and $50.00 per year - family) limited to $1, per person per calendar year. b) The Employer agrees to pay one hundred percent (1 00%) of a Group Life Insurance Plan equivalent to two (2) times the annual earnings rounded to the nearest $1, c) The Employer agrees to pay one hundred percent (1 00%) of an Accidental Death and Dismemberment Policy equivalent to one and one half (1:h) times the annual earnings rounded to the nearest $1, d) The Employer agrees to pay the full cost of a Vision Care Plan which covers glasses and contact lenses for Employees and members of their immediate families (excluding sun glasses or other cosmetic items) to a maximum of $ upon ratification every two (2) years. e) The Employer agrees to match the Employees' contributions to its Group RRSP Plan to a maximum of 3% of earnings Group Benefit Plan - The parties agree as follows, with respect to the Extended Health Care and Basic Dental Plan coverage: 1. the drug plan will be changed to a "generic" drug plan except where no substitutes are ordered by the prescribing physician; 2. a prescription drug dispensing fee cap of $6.00 will be implemented; 3. the 2006 ODA fee guide will be implemented for the Dental Plan 4. drugs such as Viagra used to treat conditions of sexual dysfunction are not covered by the drug plan The Employer agrees to provide all new Employees who have completed the probationary period with an outline of the benefits in effect. 21

24 A copy of such booklet shall be provided to the Union Representative together with any revisions made to the booklet. Benefits will commence following completion of the probationary period. ARTICLE 18 - UNION BULLETIN BOARDS The Employer shall provide bulletin boards which shall be placed so that all Employees will have access to them and upon which the Union shall have the right to post notices of Union meetings and such other notices as may be of interest to the Union membership. All such notices must be signed by the Union Chief Steward. ARTICLE 19- JOB VACANCIES AND NEW JOBS The Employer agrees to post notices of all permanent job vacancies within the bargaining unit and notices of new permanent positions established within the bargaining unit for a period of seven (7) calendar days. Employees wishing to be considered for such vacancies or new positions shall make written application within the seven (7) posting period The Employer will select from the applicants in accordance with the terms of Article hereof. If no applications are received from Employees by 9:00 a.m. of the working day next following the posting period or if none of the applicants has the required skill, ability, experience or qualifications, the Employer may fill the job from other sources The Employer shall have the right to fill the vacancy or new position for thirty (30) days until the posting procedure has been complied with and arrangements have been made to permit the successful applicant to be assigned to the job concerned If, in the opinion of the Employer, which opinion shall not be unreasonably exercised, the skill, ability, experience and qualifications of the applicants are relatively equal, seniority shall be the directing factor Two (2) copies of all job postings shall be submitted to the Chief Steward of the Union Committee prior to the posting A successful applicant shall be placed on a trial period in the new position for a period of two (2) weeks, at the end of which time either the Employer may require or the Employee may choose that the Employee return to his/her previous position. If the applicant returns to his/her previous position, the Employer may fill the position from among the applicants to the position or by reposting for the position, at the Employer's sole discretion. 22

25 ARTICLE 20 - JOB ASSIGNMENT/TRANSFER An Employee called on to perform duties temporarily in a higher rated category shall be paid not less than the start rate for that category. If the start rate in the higher category is less than the Employee's own rate, the Employee shall be paid the rate in the higher category, that is, next above her/his own rate If an Employee is permanently transferred to a higher or equally rated job classification, she/he shall receive not less than the rate that she/he was receiving at the time of the transfer or the starting rate of the job into which she/he is being transferred, whichever is the higher, and the Employee shall advance on the grid on the same anniversary date as the Employee had in the previous job If an Employee accepts a position with the Agency outside of the bargaining unit, she/he shall retain the seniority she/he has accumulated while in the bargaining unit for a period of one (1 ) year in the event that the Agency decides to return her/him to the bargaining unit. Any Employee who has accepted a position outside the bargaining unit will not be able to accept any other position outside the bargaining unit for a period of time equivalent to the time that the Employee was most recently in the position outside the bargaining unit. If the Employee is returned to the bargaining unit after the one (1) year period, she/he shall not retain her/his seniority, but the Agency shall consider her/his total service with the Agency in regard to vacations and placement on the wage grid The Employer will issue to the Chief Steward of the Union Committee all updated/revised bargaining unit job descriptions a) b) An Employee called on to perform duties temporarily in a lower rate or category shall be paid her/his regular rate of pay. If an Employee permanently accepts a lower rated job the Agency shall recognize their total service with the Agency in regards to placement on the wage grid for the job they accepted. ARTICLE 21 -ACCIDENT PREVENTION HEALTH & SAFETY COMMITTEE The Employer and Employees agree to abide by the provisions of the Occupational Health and Safety Act of Ontario The parties will agree to the terms of reference for the Health and Safety Committee. These terms will form part of the Collective Agreement and will not be amended unless approved by the Executive Director and the Union office At its sole discretion, the Employer may pay the reasonable full cost of repair or, if necessary, the reasonable cost of replacement, of an Employee's eyeglasses, 23

26 watches and personal clothing damaged as a result of actions by a client. Employees are required to use discretion in wearing suitable apparel and accessories at work. ARTICLE 22 - PAY PERIOD An Employee's pay will be available at noon on Friday on a bi-weekly basis Employees' pay will be by direct deposit to the financial institution of their choice. There may be a delay in depositing an Employee's pay, depending on the financial institution chosen by the Employee Any errors on pays that are the result of error on the part of the Employer will be paid on the following business day if the error is one (1) day's pay or more. Errors of less than one (1) day's pay will be paid out in the following pay The Employer shall provide all pay notices (stubs) in a personalized sealed envelope for each Employee if the stub is not handed to the Employee directly by office or management personnel. ARTICLE 23 - MILEAGE ALLOWANCE The Agency will compensate Employees at the rate of thirty-eight cents (38 ) per kilometre for authorized work related travel in the Employee's personal vehicle The Employer will reimburse Employees for the cost associated with the renewal of an existing F license where the Employer requires the Employee to drive the Agency's vehicles. The Employer will pay for an Employee to obtain such a license when it is a new requirement for that Employee to have an F license. ARTICLE 24- WORKPLACE SAFETY AND INSURANCE BENEFITS The staff shall be reinstated to her/his former position or provided with alternative work of a comparable nature at not less than her/his wages at time of her/his leave of absence without loss of seniority, service or benefits accrued. ARTICLE 25 - TERM OF AGREEMENT This Agreement shall be effective from April 1, 2009 and shall continue in effect until March 31, 2011 and shall continue automatically for periods of one (1) year thereafter unless either party notifies the other in writing during the period of ninety (90) days prior to the expiration date that it desires to amend or terminate this Agreement Negotiations shall begin within fifteen (15) days following notification for amendment as provided for in Article

27 SIGNEDatSff/ya&, Ontariothis If dayof ~ FOR THE EMPLOYER 25

28 Child and Youth Counsellor I April1, Child and Youth Counsellor II April1, Support Services Coordinator April 1, Cook April1 ; April 1, *Awake Night Worker *Current Employees with greater than two (2) years service in the position shall be placed on the scale in accordance with their years in the position. Employees who have less that two (2) years service in the position shall be placed at the two (2} year step until such time that their service moves them to the next step. 26 SCHEDULE "A"- NOTRE DAME OF ST. AGATHA Classification Start 1 Yr 2 Yrs 3Yrs 4 Yrs 5 Yrs 6 Yrs Maintenance II April 1,

29 The Employer will pay a lump sum signing bonus of five hundred dollars ($500.00) to each employee in the bargaining unit actively at work on the date of ratification. This payment will be made no later than the first pay period in July The Employer will pay a lump sum signing bonus of five hundred dollars ($500.00) to each employee in the bargaining unit actively at work on March 31, This payment will be made no later than the first pay period in April Night Staff Employees shall be required to remain awake during their shift and the parties agree that sleeping during the shift is a serious offence. Performs administrative duties as assigned. Employees shall progress on the above grid according to time actually worked in a particular classification subject to Article 20 where applicable. The Union and the Employer agree that these increases are all allocated to meeting Pay Equity Plan targets and meet the requirements of the Pay Equity Act. The Parties agree that Pay Equity has been achieved and maintained for all classifications within the term of this Collective Agreement. 27

30 LETTERS OF UNDERSTANDING 1. Re: Part-Time Employees The parties agree that part-time Employees have the right to join or not join the Union. In the event that the Union is certified by the Ontario Labour Relations Board as the Bargaining Agent for persons regularly employed for not more than twenty-four (24) hours per week by the Employer in St. Agatha, Ontario, the Union and the Employer agree that rather than have two separate bargaining units, these part-time Employees will be included in the same bargaining unit as the full-time Employees with the terms that apply to part-time Employees to be negotiated between the Union and the Employer. This agreement does not apply to relief workers. 2. Re: Unfounded Allegation of Abuse In the event of an allegation of abuse against an Employee by a Client, which in the opinion of the Employer is unfounded, no Employer initiated document will be placed in the Employee's personnel file. 3. Re: Overnight Sleep Workers The Employer intends to provide overnight sleep workers to enhance the quality of residential services when the Employer deems it necessary. The overnight sleep worker will not be a bargaining unit position. If the Employer uses a bargaining unit Employee to perform the duties of an overnight sleep worker, the Employee will be paid the overnight sleep rate and not the Employee's regular straight time rate of pay. If the Employer requires the bargaining unit Employee to perform the duties of an awake overnight worker, it will pay the Employee the Employee's regular straight time rate of pay for the hours worked. 4. Re: Overtime Assignment During negotiations in 2009, the Union expressed a concern about overtime being assigned to the same individual on a regular basis. The parties agreed to meet to discuss ways of resolving this issue at Labour/Management meetings. 5. Re: Temporary Vacancies Temporary vacancies that exceed three (3) months will be offered to qualified internal Employees through a notice of interest process. A notice of interest will be made available to staff for five (5) working days. Employees wishing to be considered for such vacancies shall make a written expression of interest within the five (5) working days. The Employer shall consider its operational requirements, the skill, ability, experience, qualifications and seniority of those who have applied and shall fill the vacancy at its sole discretion. 28

31 6. Re: Training Compensation When an Employee is required to attend a conference/training and the Employee is unable to return to work to complete his regular scheduled shift because the training is too far away from the workplace, the Employee will be compensated for any hours lost from regular scheduled hours on the day of the conference/training. 7. Re : Pension Plan The parties agree to meet within six (6) months to discuss the implementation of a pension plan to replace the current RRSP plan. If the parties agree on a new pension plan that would be mandatory for all Employees, then it shall replace the RRSP. If the parties are unable to agree, then the current RRSP will remain in place for the duration of this Collective Agreement. 8. Re: Responsibility Pay The Employer may, at its sole discretion, assign an Employee to carry out a selected portion of the responsibilities of a higher classification. Notwithstanding the provisions of Article 20.01, the Employee shall receive responsibility pay in the amount of thirty-five cents (35 ) per hour for the duration of the assignment. 9. Re: Additional Funding For the duration of the Collective Agreement expiring March 31, 2011, should any additional funds become available from the Ministry of Children and Youth Services for wages for employees in the bargaining unit, the Employer will meet with the Union to discuss the distribution of such funds Safety Shoes Safety shoes for Maintenance personnel are a job requirement. Safety shoes are to be CSA certified with at least a yellow label which requires puncture and toe protection. The Employer will reimburse Maintenance employees for up to one hundred dollars ($ ) per year for full time staff who are required to wear safety shoes. Receipts are required for reimbursement. The above ten (1 0) Letters of Understanding signed this ; ;:{ day of_.xl~, FOR THE EMPLOYER 29