AUG 3 o Z003. Of!FICE OF EFF.DATEQ( THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION and its Local #355 (Hereinafter referred to as the "Union")

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1 .'',. 1 COLLECTIVE AGREEMENT BETWEEN: THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION and its Local #355 (Hereinafter referred to as the "Union") AND MORTON YOUTH SERVICES, Barrie, Ont. (Hereinafter referred to as the "Agency") Of!FICE OF AUG 3 o Z003 COLLECTIVE.BARGAINING INFORMATION Sector 7 - Correctional Centres PT Employees Term: April 1st, 2003 to March 31st, TOTALEMPS EFF.DATEQ( COOING CONTROL DATE IDENT CODED 0 C T RECEIVED- UNiON EMPLOYS\ OTHER

2 2 TABLE OF CONTENTS ARTICLE 1 - PURPOSE ARTICLE 2 -RECOGNITION ARTICLE 3 -NO DISCRIMINATION ARTICLE 4- MANAGEMENT RIGHTS ARTICLE 5 -DUES DEDUCTIONS ARTICLE 6- UNION RIGHTS AND ACTIVITY ARTICLE7-GRIEVANCEPROCEDURE ARTICLE 8 - ARBITRATION ARTICLE 9- NO STRIKES OR LOCKOUTS ARTICLE 10 -PERSONNEL FILE ARTICLE 11 -LABOUR/MANAGEMENT COMMITTEE ARTICLE 12 - SENIORITY ARTICLE 13- PROBATIONARY EMPLOYEES ARTICLE 14-MATERNITYLEAVE ARTICLE 15 -HOURS OF WORK ARTICLE 16-HOURS OF WORK AND OVERTIME ARTICLE 17- HOLIDAYS ARTICLE18- VACATIONS ARTICLE 19-WSlB/!LLNESS ARTICLE 20- WAGS, EXPENSES ARTICLE 21- GENERAL ARTICLE22-DURATION LETTER OF INTENT OF UNDERSTANDING LETTER OF UNDERSTANDING #1 LETTER OF UNDERSTANDING #2 LETTER OF UNDERSTANDING #

3 3 ARTICLE 1 - PURPOSE 1.01 The purpose of this Agreement is to establish and maintain collective bargaining relations between the Employer and its employees, to provide machinery for the prompt and equitable disposition of grievances, and to establish and maintain fair and reasonable worldng conditions, hours of work and wages for all employees who are subject to the provisions of this agreement. ARTICLE 2 -RECOGNITION 2.01 The Employer recognizes the Union as the sole collective bargaining agent for and this Collective Agreement shall pertain to all employees of Morton Youth Services at Barrie, Ontario, regularly employed for not more than 24 (twenty four) hours per week and students employed during the school vacation period, save and except office manager, assistant superintendent and persons above the rank of assistant superintendent. ARTICLE 3- NO DISCRIMINATION 3.01 The Employer shall not discriminate in a fashion contrary to the Ontario Human Rights code. The Ontario Human Rights Code provides certain protection against discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, age, record of offenses, marital status, family status or handicap. ARTICLE 4- MANAGEMENT RIGHTS 4.01 a) b) The Union acknowledges that it is the exclusive right and function of the Employer subject to the terms of this agreement: to hire, assign, retire, discipline or discharge, classify, transfer, layoff, and recall. It is recognized that the termination of any employee who has completed his or her probationary period shall only be for just cause. The Employer shall have the right to terminate probationary employees so long as such termination is not contrary to the Ontario Human Rights Code or the Labour Relations Act. To classify and direct the employees and determine the number of employees to be employed and the work schedule of each.

4 4 c) d) e) f) g) h) i) To det=ine the k:illds of services to be performed and the methods and techniques, equipment and materials to be used. To enlarge, decrease or cease any part of its operation. Use volunteers and students in direct service and administration roles in so far as such use does not result in the down grading or layoff of employees. Generally to manage the undertalcing and all the enterprises in which it is engaged in a manner.that shall best ensure the delivery of quality service to clients. To maintain order, discipline and efficiency and to make and alter from time to time, reasonable rules and regulations to be observed by the employees. The employer agrees that it will not exercise any of the above rights in a manner inconsistent with the provisions of the agreement. The Union recognizes that all matters and rights not prescribed by the agreement remain within the sole and exclusive right of the Employer to manage its offices. ARTICLE 5 -DUES DEDUCTIONS The Employer shall deduct Union dues from the wages of all the employees covered by this agreement. The Employer shall forward such deduction to the Union not later than the 15th of the month following the month in which the deduction was made, accompanied by a list of the names of the employees from whose wages the deductions have been made. The Employer shall provide the Union with a list of new employees and employees who have terminated in the preceding month. Dues deductions shall be in the amounts as shall, from time to time, be prescribed by the Secretary/Treasurer of the Union by letter to the Employer. The Employer agrees to report annual total Union dues deducted on the employee's T -4 slips.

5 5 ARTICLE 6- UNION RIGHTS AND ACTIVITY The employer agrees to recognize up to two (2) employees from the bargaining unit who may be selected by the Union to act as stewards, members of the Negotiating Committee or Labour/Management Committee. All the above-mentioned representatives shall be employees who have completed their probationary period. In addition to the above employees, the Employer shall also recognize a Union Staff Representative who may be assigned to assist these employees in the discharge of their Union duties. The Union shall provide the Employer with an up-to-date list of the names of each employee acting pursuant to this article. It is understood that representatives of the Union have their normal duties to perform, therefore no representative shall leave her duties to conduct Union business as provided in this article without the prior consent of the Superintendent or his designee. The Employer agrees that a steward or a committee-person will suffer no loss of basic pay as a result of regularly scheduled straight time lost while attending meetings with the Employer pursuant to this Article. The Union will be permitted to put up a bulletin board for its use within the workplace. The parties shall share equally the costs of printing sufficient copies of this agreement to provide one to each member of the bargaining unit. The Employer shall advise each new employee of the existence of the Union and provide her with a copy of this agreement, and a list of names and work locations of the local Union officers, as supplied from time to time by the Union.

6 6 ARTICLE 7- GRIEVANCE PROCEDURE It is the mutual desire of the parties that complaints of employees shall be adjusted quickly and effectively. An employee and her steward shall be given time off with no loss of pay to attend any meetings with the Employer provided for in this article. All reference to "days" in this article shall mean calendar days. Complaints An employee with a complaint shall discuss the matter with the Superintendent within fourteen (14) days of the circumstances giving rise to the complaint or the date the employee ought reasonably to have become aware of the circumstances. If the matter is not resolved within seven (7) days of the discussion it may then be taken up as a grievance within seven (7) additional days Step 1 The employee shall file a gnevance m writing with the Superintendent. The grievance shall identify the nature of the grievance, the remedy sought and should specify the provisions of the agreement which are alleged to have been violated. The grievance shall be dated and signed by the employee. The Employer shall reply in writing within seven (7) days of the submission of the grievance. Step 2 Failing settlement at Step 1, the employee may refer the grievance to the Personnel Committee of the Board of Directors within seven (7) days of the deadline for receiving a reply at Step 1. The parties shall meet and attempt to resolve the grievance within a further seven (7) days of the reference to Step 2 and the Employer shall reply in writing within seven (7) days of the meeting Failing settlement at Step 2 a grievance concerning the application, interpretation or alleged violation of this collective agreement may be referred to arbitration within fourteen (14) days of the deadline for a reply at Step 2.

7 The time limits imposed on either party may be extended by mutnal agreement in writing. If either party fails to reply to the grievance within the time limits set out herein the grievance may be submitted to the next step. Dismissal Grievance An employee who has completed her probationary period and believes that she is being dismissed without just cause may submit a grievance directly to Step 2 within fourteen (14) days of receiving her letter of dismissal. Such a grievance may be settled by confuming the Employer's action, or by reinstating the employee with full compensation and seniority or by any other arrangement in lieu of discharge which is deemed just and equitable Union, Policy and Group Grievances A grievance arising directly between the parties concerning the interpretation, application or alleged violation of this agreement or a grievance affecting three (3) or more employees shall be submitted directly to Step 2. Failing settlement, the grievance may be submitted to arbitration in accordance with Article ARTICLE 8- ARBITRATION 8.01 (a) (b) (c) Where a grievance is referred to arbitration the following shall apply. The party referring the grievance shall give written notice to the other party indicating that it intends to refer the matter to arbitration, giving the name and address of its appointee to the arbitration board. Within seven (7) days after receiving such notice the other party shall respond by indicating the name and address of its appointee to the arbitration board. The two (2) appointees shall, within seven (7) days after receipt of the notice of the appointn1ent of the second of them, appoint a third person who shall be the chairman of the arbitration board.

8 (d) (a) (b) (c) (d) (e) If the recipient fails to name an appointee, or if the two (2) nominees fail to agree on a chainnan, an appointment may be made by the Office of Arbitration at the request of either party. The arbitration board shall be governed by the following provisions: The arbitration board shall hear and determine the grievance and issue a decision which is final and binding on the parties and upon any employee affected by it. The decision of the majority is the decision of the arbitration board, but if there is no majority the decision of the chairman governs. Each party shall pay one-half (l/2) of the remuneration and expenses of the chairman of the arbitration board. The board shall determine its own procedure but shall give full opportunity to all parties to present evidence and make representations. The board shall have jurisdiction to determine whether a grievance is arbitrable, but it shall not have the power to alter or amend any of the provisions of this collective agreement or to render a decision inconsistent with the express terms of this collective agreement. Employees whose attendance is required at arbitration hearings shall receive permission to be absent from work. Time spent by such employees at arbitration proceedings shall be considered time worked. The Union will reimburse the Employer for the time spent at arbitration hearings by any employee whose attendance is requested by the Union. ARTICLE 9 -NO STRIKES OR LOCKOUTS 9.01 There shall be no strikes or lockouts so long as this agreement continues to operate.

9 9 ARTICLE 10 - PERSONNEL FILE An employee shall be entitled to view the entire contents of her personnel file at a mutually agreed time; however, permission will not be delayed more than one week from the date of the initial request The Employer shall provide an employee with written reasons for any disciplinary action, and with a copy of any adverse report. Any reply by the employee shall become part of her record. ARTICLE 11 -LABOUR/MANAGEMENT COMMITTEE (a) (b) There shall be a Labour/Management/Board Committee consisting of one representative of each party. The Committee shall meet at the request of any party, at a mutually agreeable time to discuss matters of mutual concern. Each party shall notify the other of the proposed agenda items one (1) week in advance of the meeting. The Union and the Superintendent will meet in order to attempt to resolve any matter; if the matter canoot be resolved, it will be referred to a meeting of the Labour/Management/Board Committee. ARTICLE 12 - SENIORITY (a) (b) The Employer agrees to post an updated seniority list on the bulletin board every year. Seniority once obtained shall be based on the date of most recent hire. Employees shall not attain seniority until successful completion of the probationary period. An employee's seniority rights and employment shall be lost if: she voluntarily quits; she retires at age 65;

10 10 (c) (d) is discharged and discharge is not reversed through the grievance and arbitration procedure; is on layoff for more than twelve (12) months. In the event a new job classification within the bargaining unit is created the position will be posted. Preference will be given to seniority bargaining unit personnel who bid in accordance with the posting, preference to be according to seniority provided the employee can perform the job to the Employer's satisfaction. ARTICLE 13- PROBATIONARY EMPLOYEES Newly hired employees shall be on probation for the first one thousand and forty (1,040) hours worked or twelve (12) months, which ever occurs first. During the probationary period an employee shall be considered as being employed on a trial basis. During the probationary period, the employee may be discharged without notice or pay in lieu of notice. The employee who is discharged during the probationary period shall be entitled to receive written reasons for her discharge, if requested. ARTICLE 14- MATERNITY LEAVE Maternity Leave shall be as provided m the Employment Standards Act. ARTICLE 15 -HOURS OF WORK Rest Periods When an employee is working at the premises of Morton House he or she shall be entitled to one fifteen (15) minute paid rest period for each continuous four (4) hours worked. When an employee is off premises the employee may take the rest period provided the employee obtains appropriate coverage for any residents in the employee's charge.

11 11 ARTICLE 16- HOURS OF WORK AND OVERTIME 16.01! (a) (b) All authorized overtime worked in excess of forty four ( 44) hours per week or for hours worked beyond twelve (12) on a shift shall be considered overtime. Employees shall be entitled to pay at one and one-half (I Y.) times their regular rate for all overtime worked. This Collective Agreement shall be deemed to be consent for employees to work up to twelve (12) hours on a shift. Employees shall receive meal breaks of at least thirty (30) minutes (non-paid) at such times to allow for the employee not having to work more than five (5) consecutive hours without an eating period. However, employees when required to supervise residents during the employee's meal break will receive a meal break of forty five ( 45) minutes and such time will be paid time. Further, such employees will receive a paid meal All employees shall provide a method (voice mail, telephone answering machine, pager or like method) for the Employer to leave a message for the employee in circumstances where the employee is unable to answer a phone call from the Employer to the employee's home. Employees shall respond to any message from the Employer as soon as possible. An employee who reports for work as scheduled, unless notified not to do so, shall receive a minimum of three (3) hours pay at her regular straight time hourly rate. ARTICLE 17- HOLIDAYS Entitlement to Holiday Pay and time off for holidays shall be that mandated by the Employment Standards Act. ARTICLE 18- VACATIONS Entitlement to vacation pay and time off for vacation shall be that mandated by the Employment Standards Act.

12 12 ARTICLE 19- WSIB/ILLNESS The Employer will ensure that all employees are fully covered by the Workplace Safety and Insurance Board. ARTICLE 20- WAGES, EXPENSES The Employer shall pay the wages set out in Schedule "A" attached hereto and forming part of this agreement. Each employee shall be provided with an itemized statement of her wages, overtime and other supplementary pay and all deductions. Wages shall be paid every two (2) weeks. An employee who uses his/her car on Morton House's business with the approval of the Superintendent will be paid twentyeight ($.28) cents per kilometer. An employee unable, through pregnancy, illness or injury, to perform her normal duties shall be provided, subject to the Ontario Human Rights Code with reference to "acco=odation," alternate suitable employment. ARTICLE 21 - GENERAL It is understood and agreed that students may be utilized in the Home for the purpose of gaining the practical experience which is a part of their diploma requirements; however, such students will not be used for the purpose of reducing the current staffing requirements. It is understood and agreed that volunteers may be utilized in the Home to enhance the quality of programs that can be delivered; however, such volunteers will not be engaged for the purpose of reducing the current staffing requirements. Students and/or volunteers will not be used in place of part-time staff to replace employees who are absent due to illness or vacation.

13 14 ARTICLE 22- DURATION This agreement shall be binding and take effect from April 1, 2003 until March 31, 2005 and shall be renewed from year to year thereafter unless either PartY gives to the other PartY notice in writing within ninety (90) days of the expiry date that it desires to terminate or amend its provisions. Where notice to amend the agreement is given, the provisions of the agreement shall continue in force until the new agreement is signed, and the right to strike or lockout occurs, whichever occurs first. DATED at: this_ day of,, 20_ MORTON YOUTH SERVICES BARRIE ONTARIO ~ker-4= THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION _ ~M, <... y \~

14 15 OPSEU AND MORTON YOUTH SERVICES SCHEDULE "A" WAGES APRIL2003 APRIL 2004 per hour per hour Part Time Staff Students employed during school vacation period $14.00 $14.50 $12.00 $12.40 Wages shall be retroactive to Aprill, 2003

15 16 LETTER OF INTENT OF UNDERSTANDING VOLUNTEER POLICY Employees who are off duty may accompany staff who are on duty with recreational outings; however, they will be neither encouraged or discouraged from this practice. DATED at: this_ day of,, 20_ MORTON YOUTH SERVICES BARRIE ONTARIO ~~~ THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION

16 17 LETTER OF UNDERSTANDING #1 Morton Youth Services 46 Toronto Street, Banie, Ontario Mr. Neil Pollock, O.P.S.E.U. 190 Memorial Ave., UnitM, Orillia, Ontario. L3V 5X6 This is to advise that the employer will maintain its present policy that an employee shall not be required to assume responsibility for the custody of a resident of the opposite sex without another employee being present, throughout the term of the Collective Agreement. Dated this day of 20 MORTON YOUTH SERVICES BARRIE ONTARIO ~-4~~ THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION

17 18 LETTER OF UNDERSTANDING #2 Part Time employees who indicate their interest shall be considered for full time vacancies prior to the Employer advertising externally. For purposes of clarity it is recognized however that the Employer's decision is not grievable or arbitrable. Dated this_ day of 20_ MORTON YOUTH SERVICES BARRIE ONTARIO THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION

18 19 LETTER OF UNDERSTANDING #3 A representative from management and a representative from the bargaining unit (to be appointed by the Union) shall meet within thirty (30) days to discuss in good faith methods by which the current method of scheduling of part time employees might be improved for the benefit of employees and of Morton House. The same representative will meet again no more than ninety (90) days later to review the matter once again. Dated this_ day of 20 MORTON YOUTH SERVICES BARRIE ONTARIO ~~z::c THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION