Collective Agreement. between. Community Living Hamilton (hereinafter referred to as the "Employer") and

Transcription

1 Collective Agreement between Community Living Hamilton (hereinafter referred to as the "Employer") and The Canadian Union of Public Employees, and its Local 3943 (hereinafter referred to as the "Union") For the Period: April 1, 2016 to March 31, 2020 cope 491

2 Table of Contents ARTICLE 1 MANAGEMENT RIGHTS... 3 ARTICLE 2 RECOGNITION OF UNION... 4 ARTICLE 3 STRIKES AND LOCKOUTS... 5 ARTICLE 4 HARASSMENT... 5 ARTICLE 5 UNION DUES/UNION SECURITY... 5 ARTICLE 6 CORRESPONDENCE... 7 ARTICLE 7 UNION/MANAGEMENT RELATIONS... 7 ARTICLE 8 GRIEVANCE PROCEDURE... 9 ARTICLE 9 ARBITRATION ARTICLE 10 DISCHARGE, SUSPENSION AND DISCIPLINE ARTICLE 11 SENIORITY ARTICLE 12 JOB CLASSIFICATIONS ARTICLE 13 PROMOTIONS AND STAFF CHANGES ARTICLE 14 LAYOFFS AND RECALLS ARTICLE 15 HOURS OF WORK ARTICLE 16 OVERTIME ARTICLE 17 PAID HOLIDAYS ARTICLE 18 VACATIONS ARTICLE 19 SICK LEAVE PROVISIONS ARTICLE 20 LEAVES OF ABSENCE ARTICLE 21 PAYMENT OF WAGES AND ALLOWANCES ARTICLE 22 TECHNOLOGICAL CHANGES ARTICLE 23 GENERAL PROVISIONS ARTICLE 24 HEALTH AND SAFETY ARTICLE 25 TEMPORARY EMPLOYEES ARTICLE 26 TRAINING ARTICLE 27 RETROACTIVITY ARTICLE 28 TERM OF AGREEMENT APPENDIX A WAGE GRID APPENDIX B WORK SCHEDULES APPENDIX C AGREEMENT FOR A HEALTH AND WELFARE PROGRAM LETTER OF UNDERSTANDING CORE COMPETENCIES LETTER OF AGREEMENT LABOUR FORCE STRATEGY LETTER OF AGREEMENT FUNDING LETTER OF UNDERSTANDING SCHEDULING LETTER OF UNDERSTANDING UNION LEAVE LETTER OF AGREEMENT ARTICLE 7.01 B LETTER OF UNDERSTANDING # LETTER OF UNDERSTANDING # LETTER OF UNDERSTANDING JOINT PAY EQUITY-MAINTENANCE LETTER OF UNDERSTANDING PENSION AND BENEFITS ADVISORY COMMITTEE CUPE Local 3943 and Community Living Hamilton Page 2 of 54

3 WHEREAS the purpose of this Agreement is to maintain the existing harmonious relations and settled conditions of employment between Community Living Hamilton and its Employees and to provide means for the prompt disposition of grievances, to establish and maintain satisfactory working conditions, hours of work and wages for all Employees within the Bargaining Unit: NOW THEREFORE the parties hereto agree as follows: ARTICLE 1 MANAGEMENT RIGHTS 1.01 The Union acknowledges and recognizes that the management of Community Living Hamilton and the direction of the working force are fixed exclusively with the Employer and shall remain solely with the Employer except as specifically limited by an express provision of this Agreement. Without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Employer to: a) Maintain order, discipline and efficiency; b) Hire, assign, discharge, direct, promote, demote, classify, transfer, lay-off, recall and suspend or otherwise discipline Employees provided that a claim of discharge or discipline without just cause by an Employee who has completed her probationary period may be the subject of a grievance and dealt with as hereinafter provided; the discharge of an Employee who has not completed her probationary period may not be the subject of a grievance, unless the grievance alleges a violation of the Human Rights Code; c) Determine in the interest of efficient operation and highest standard of service, classifications, 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) Make and enforce and alter from time to time rules and regulations to be observed by Employees; f) It is agreed that these rights shall not be exercised in a manner inconsistent with the provisions of this Agreement No Discrimination Both parties agree that there shall be no discrimination, interference, restriction, or coercion, exercised or practised with respect to any Employee in the matter of hiring, wage rates, benefits, training, upgrading, promotion, transfer, lay-off, recall, discipline, classification, discharge or otherwise solely by reason of age, race, creed, colour, religion, political affiliation or activity, sexual orientation, sex, or marital status, family relationship, place of origin, place of residence, handicap, or any other grounds enumerated in the Ontario Human Rights Code, nor by reason of her membership or activity in the Union or any other reason. In addition, the Employer specifically acknowledges their obligation to accommodate employees as required by CUPE Local 3943 and Community Living Hamilton Page 3 of 54

4 the Human Rights Code of Ontario, Occupational Health and Safety Act, Workplace Safety and Insurance Act and the Accessibility for Ontarians with Disabilities Act. ARTICLE 2 RECOGNITION OF UNION 2.01 Bargaining Unit The Employer recognizes the Union as the sole and exclusive bargaining agent for all Employees of Community Living Hamilton, save and except clerical staff, Supervisors, persons above rank of Supervisor and persons employed in the Special Services At Home Program Work of the Bargaining Unit Bargaining unit work shall only be performed by bargaining unit members No Other Agreements The Employer shall not bargain with or enter into any agreement amending any of the provisions of this Agreement with an Employee or group of Employees in the bargaining unit. No Employee or group of Employees shall undertake to represent the Union at meetings with the Employer without the proper authorization of the Union. In order that this may be carried out, the Union will supply the Employer with the names of its officers. Likewise, the Employer shall supply the Union with a list of its supervisory personnel with whom the Union may be required to transact business Contracting Out The Employer agrees that no work or services performed by Employees will be contracted out which will result in a layoff or reduction in pay of any Employee Representatives of Canadian Union The Union shall have the right at any time to have the assistance of a representative of the Canadian Union of Public Employees when dealing or negotiating with the Executive Director of the Employer. Such representative may be granted access to the Employer's premises in order to investigate and assist in the settlement of a grievance where such grievance has proceeded to Step 2 of the Grievance Procedure Definition of Employee A part-time Employee is an Employee who is regularly scheduled for not more than twenty-four (24) hours per week. A full-time Employee is an Employee who is regularly scheduled for more than twenty-four (24) hours per week The term "Employee" or "Employees" as used in this Agreement shall mean only such persons as are included in the above-defined bargaining unit. CUPE Local 3943 and Community Living Hamilton Page 4 of 54

5 2.08 a) There will be no solicitation for membership, collection of dues or Union activity for any purpose on the Employer's premises during working hours except with the written permission of the Employer. b) The Union shall not distribute or cause to be distributed or posted any handbills, pamphlets, Union publications or the like on the Employer's premises except as permitted by the Employer. Such permission shall not be unreasonably denied. ARTICLE 3 STRIKES AND LOCKOUTS 3.01 The Union, its members and Employees shall not cause, direct or consent to any strike, or other cessation of work, refusal to work or to continue to work by Employees in combination or in concert of in accordance with a common understanding, or a slow-down or other concerted activity on the part of Employees to restrict or limit the operations of the Employer during the term of this Agreement The Employer shall not cause or direct any lockout including the closing of a place of employment, a suspension of work or a refusal to continue to employ a number of Employees, with a view to compel or induce Employees to refrain from exercising any rights or privileges under the Ontario Labour Relations Act or to agree to provisions or changes in provisions respecting terms or conditions of employment or the rights, privilege or duties of the Employer, the Union or the Employee during the term of this Agreement. ARTICLE 4 HARASSMENT 4.01 Personal Harassment a) The Employer and the Union agree that every Employee has a right to freedom from harassment in the workplace. Any Employee who believes that he or she has been harassed has the right to seek redress in accordance with the Employer s policy. b) The parties agree that is it the responsibility of all management staff and bargaining unit employees to strive to create an environment free of discrimination and harassment in their respective area. Within that responsibility is an awareness of what constitutes discrimination, bullying and harassment, of the procedures in place for dealing with allegations, and confidentiality in the processing of complaints and grievances. ARTICLE 5 UNION DUES/UNION SECURITY 5.01 Deductions Deductions shall be made from each pay and shall be forwarded to the National Secretary-Treasurer of the Union no later than the last day of that month. The Union agrees to keep the Employer harmless and indemnified from any claims against it by an Employee which arises out of any deduction under this Article. CUPE Local 3943 and Community Living Hamilton Page 5 of 54

6 5.02 The Employer shall deduct from each Employee included in the Bargaining Unit, an amount equal to the normal monthly Union dues for all such Employees upon completion of thirty (30) calendar days of employment with the first one (1) month s Union dues deduction for a new Employee to start with the first dues deduction payroll following thirty (30) calendar days from the date of hire of such 5.03 The Treasurer of the Union shall notify the Employer by letter of the monthly amount of such dues and any changes therein New Employees The Employer agrees to acquaint new Employees with the fact that a Union agreement is in effect, and with the conditions of employment set out in the articles dealing with Union membership and dues check-off. The Employer agrees to continue its practice of informing the new Employee that an agreement is in effect, and, where possible, the name and location of the Union Steward The Employer will provide the Union with a list, monthly, of all new hires, layoffs, recalls, terminations and permanent transfers within the bargaining unit. Further, the Employer agrees to bi-annually provide the Union with a list of bargaining unit employees, their mailing addresses and home phone numbers. A new Employee will have the opportunity to meet with a representative of the Union, within seventy (70) calendar days after commencement of employment, to acquaint the Employee with such Union Representative and the Collective Agreement. Such meeting will be arranged by the Employer on the Employer s premises. The meeting will be during working hours, without loss of pay, for a maximum of fifteen (15) minutes If after notification to the Union and the new Employee of the time and place, the new Employee or Steward does not attend the interview, the Employer shall not be required to schedule a further interview for the Employee T4 Slips At the same time that Income Tax (T-4) slips are made available, the Employer shall type on the amount of Union dues paid by each Union member in the previous year Contact Information The Employer will provide to the Union a list of all the employees in the bargaining unit. This list will include each person's name, job title/classification, home mailing address, home telephone number (and other available personal telephone numbers, such as cellular numbers), work , and if available, personal . The list will also indicate the employee's work site and employment status (such as full time, part time, temporary, seasonal, casual), and if the employee is on a leave of absence, the nature of the leave. CUPE Local 3943 and Community Living Hamilton Page 6 of 54

7 The employee contact list will be provided in an electronic spreadsheet to the Union contact designated by the Local Executive on a quarterly basis In the event that legislation is enacted that impacts the nature and scope of information provided to the Union under the Articles within this Collective Agreement, the Employer will make all reasonable efforts to supply information required by the Union which may include: Employee's names, job status, classification, worksite, regular earnings and total hours worked. This information will be provided in a timely manner, with earnings information being provided on a per payroll basis if required. ARTICLE 6 CORRESPONDENCE 6.01 Correspondence All correspondence between the Parties arising out of, or incidental to this Collective Agreement shall pass between the Executive Director or designate and the Secretary of the Union of Local 3943, or designate, with a copy to the Local Union President and Unit Chair. Both parties agree to keep the other advised of the names and addresses of the appropriate officers as set out herein, from time to time as changes occur. ARTICLE 7 UNION/MANAGEMENT RELATIONS 7.01 Bargaining Committee A Union Bargaining Committee shall be elected or appointed and consist of not more than six (6) members of the Union. The Union will advise the Employer of the Union members of the Committee 7.02 In any renegotiation of this contract, any representative of the Union Bargaining Committee shall have the right to attend those meetings which are held within working hours without loss of remuneration Employee Relations Committee a) There shall be an Employee Relations Committee comprised of an equal number of representatives from both the Union and the Employer. The number of representatives on the Committee shall be mutually determined by the Employer and the Union. b) The Committee will hold meetings not more often than once every two (2) months at the request of either party, and more frequently on urgent matters by mutual agreement of the parties. The meeting will be held at a mutually convenient time and date. c) The purpose of the meetings will be to discuss matters of mutual concern. It is expressly understood that such meetings are not intended to replace or interfere with the established Collective Bargaining Procedures or the Grievance and Arbitration Procedures of this Agreement. CUPE Local 3943 and Community Living Hamilton Page 7 of 54

8 d) Members of the Union Committee required to attend such meetings will be compensated for time lost from their regular working hours at their regular rate. e) Within two (2) weeks of the implementation of a Board policy or decision that materially affects employees within the bargaining unit, the Employer agrees to provide a written copy of the same to the union. f) Prior to effecting any changes in rules or policies which materially affect Employees within the bargaining unit, the Employer will discuss the changes with the Union. g) The Employer and the Union agree that the Employee Relations Committee shall be utilized for the purpose of reviewing workload issues including individual workload concerns and systemic workload issues and making recommendations for addressing workload concerns. Individual employees shall request, in writing, including a description of the issues and possible solutions/recommendations, to the Employee Relations Committee to conduct a review of their workload. Recommendations to address workload concerns will be submitted in writing to the Employer or her designate, who will respond in writing in a timely manner. Should a recommendation not be implemented, the reasons for the decision will be provided to the Employee Relations Committee, and the individual employee. The parties will revisit the issues that led to the recommendation Joint Health and Safety Committee A Joint Health and Safety Committee shall be established and shall operate under the requirements of the Occupational Health and Safety Act, as it may be amended. a) Union representatives to the Joint Health and Safety Committee shall be bargaining unit members selected by the Local Union. b) The Employer agrees to cooperate in providing necessary information and management support to enable the Committee to fulfill its functions. In addition, the Employer will provide the Committee with all accident reports, health and safety records and any other pertinent information in its possession. The Committee shall respect the confidentiality of the information. c) In addition to its other responsibilities, the Joint Health and Safety Committee shall have the authority to recommend to the Employer and the workers the establishment, maintenance and monitoring of programs, measures and procedures respecting the health or safety of employees. d) A member of the Joint Health and Safety Committee, shall be provided: i) one (1) hour or such longer period of time as the committee determines is necessary to prepare to prepare for each committee meeting; CUPE Local 3943 and Community Living Hamilton Page 8 of 54

9 ii) iii) such time as is necessary to attend meetings of the committee; and such time as is necessary to carry out the member's duties. e) A member of a committee shall be deemed to be at work during the times described above and shall be compensated for this time in accordance with the collective agreement. The Employer agrees to co-operate reasonably in providing necessary information to enable the committee to fulfill its functions. Meetings of the JHSC shall be held every month or more frequently as agreed by the co-chairs if required, however, upon agreement by the co-chairs, the JHSC may forego monthly meetings during summer months, upon mutual agreement. The Committee shall maintain minutes of all meetings and make the same available for review. ARTICLE 8 GRIEVANCE PROCEDURE 8.01 Recognition of Union Stewards The Employer acknowledges the right of the Union to appoint or elect a Chief Steward as well as nine (9) full-time and nine (9) part-time Stewards to represent Employees in the bargaining unit. Employees so selected to represent the Union shall at the time of their appointment have completed their probationary period Names of Stewards The Union shall notify the Employer in writing of the names of Chief Steward and Stewards before the Employer shall be required to recognize them Grievance Committee The Employer agrees to recognize a grievance committee comprised of the Chief Steward, a Steward from the appropriate Division and a representative of the Canadian Union of Public Employees. The Chief Steward shall be designated as the Chairman of the grievance committee Permission to Leave Work The duty of the stewards shall be to assist Employees which the Steward represents in preparing and presenting grievances to the Employer in accordance with the grievance procedure herein. The Employer agrees that a Steward shall not be hindered, coerced, restrained or interfered with while investigating disputes and presenting adjustments provided in this Article. CUPE Local 3943 and Community Living Hamilton Page 9 of 54

10 The Union agrees that Union Stewards have their regular duties and responsibilities to perform for the Employer and shall not leave their regular duties without first obtaining permission from their supervisor. Such permission shall not be unreasonably withheld Definition of a Grievance A grievance shall be defined as any difference arising between the parties relating to the interpretation, application, administration or alleged violation of the Collective Agreement, including any question as to whether a matter is arbitrable Settling of Grievances An earnest effort shall be made to settle grievances fairly and promptly in the following manner: Complaint Stage: An Employee who has a complaint must bring that complaint to the attention of her immediate supervisor or designate within five (5) working days of when the Employee became or ought reasonably to have become aware of the grievance which gave rise to the complaint. A meeting will then be held with the Employee, their supervisor and the Employee s steward to discuss the issue within five (5) working days of the supervisor being made aware of the complaint by the Employee. At the option of the supervisor, another representative from the Employer may be present. It is understood that no Employee has a grievance until the immediate supervisor has been given an opportunity to adjust the complaint and verbally reply, which reply shall be a maximum of three (3) working days from the date of such meeting. Failing settlement, the matter may be taken up as a grievance within five (5) working days of the verbal reply through the following steps in sequence Step No. 1 The Employee may submit a written grievance signed by her, her Steward or a representative of the Union to the Program Director/or designate. The grievance shall identify the article or articles alleged to have been violated. A meeting will be held between the Program Director or designate, one (1) other representative from the Employer and the Employee, and the Employee s Steward will take place within five (5) working days of receipt of the grievance. The Program Director or designate will reply in writing within (5) working days after the meeting Step No. 2 Failing settlement being reached in Step 1, the Union Grievance Committee, within (5) working days of the reply in Step 1, shall present the grievance to the Executive Director. A meeting will be held between the Executive Director and one (1) other representative from the Employer and the Union Grievance Committee or designate(s) and the griever(s) within twenty (20) working days after filing of the grievance at this Step. CUPE Local 3943 and Community Living Hamilton Page 10 of 54

11 The Executive Director shall reply in writing within five (5) working days of the meeting Policy Grievance If the Employer is alleged to have violated any provisions of this Agreement and such violation affects the interest of the Union as a party to the Agreement, the Union may file a grievance, beginning at Step No. 2, which shall be signed by the Chairman of the Grievance Committee, or designate, and shall be identified as a Union Policy Grievance. It is understood that the provisions of this section may not be used with respect to a complaint or a grievance directly affecting an individual Employee and that the regular grievance procedure shall not be by-passed. The Union recognizes that it is the Employer s and its representatives right to submit a policy grievance to the Union. Such grievance will commence at Step No. 2. Any such grievances, covered by Article 8.09 must be filed within ten (10) working days of when the party became or ought reasonably to have become aware of the occurrence which gave rise to the grievance Group Grievance In the event that there is a difference arising between the parties relating the interpretation, application, administration or alleged violation of the Collective Agreement, and this situation directly affects a group of employees, the Union may file a group grievance, beginning at Step 1, which shall be signed by the Chairman of the Grievance Committee, or designate, and shall be identified as a "Group Grievance". A Group Grievance must identify all employees, specifically by name, under the Group Grievance. Any such grievance, covered by Article 8.10 must be filed within ten (10) working days of when any individual of the affected group of employees became or ought reasonably to have become aware of the occurrence which gave rise to the grievance Failure to Act Within Time Limits The time limits set out in the grievance and arbitration procedures are mandatory and failure to comply strictly with such time limits, except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned subject only to the provisions of Section 45 (8.3) of the Labour Relations Act Definition of Working Days For the purpose of this Article, the words working days shall not include Saturdays, Sundays or paid holidays. CUPE Local 3943 and Community Living Hamilton Page 11 of 54

12 ARTICLE 9 ARBITRATION 9.01 Referral to Arbitration Composition of Board of Arbitration: Grievances not adjusted in Step No. 2 relating to the interpretation, application and administration or alleged violation of this Agreement, including the question as to whether a matter is arbitrable may be referred to a Board of Arbitration by notice addressed to the other party of the Agreement, indicating the name of its nominee on an arbitration board and specifying the agreement clauses involved. Within TEN (10) DAYS thereafter, the other party shall answer by registered mail indicating the name and address of its appointee to the arbitration board. The two arbitrators shall then meet to select an impartial Chairman. If no written request for arbitration is received within TEN (10) DAYS from the date of the decision in Step (2) above the grievance shall be deemed to have been settled and may not be processed further. No person may be appointed as a representative who has participated in prior efforts to settle the grievance to be arbitrated Expenses of the Board Each party shall pay: 1) The fees and expenses of the arbitrator it appoints 2) One-half (1/2) of the fees and expenses of the Chairman Failure to Appoint If the recipient of the notice fails to appoint an arbitrator, or if the two appointees fail to agree upon a chairman within TEN (10) DAYS of their appointment, the appointment shall be made by the Minister or Labour upon the request of either party Powers of the Board The Arbitration Board shall not have jurisdiction to amend or add to any of the provisions of this Agreement, or to substitute any new provision in lieu thereof, nor to give any decision inconsistent with the terms and provisions of this Agreement. The Board may nevertheless decide whether or not retroactive wages are payable because an Employee has been deprived of wages as a result of a violation of the Agreement by the Employer and, where such violation involves disciplinary action should be modified if in the opinion of the Board the extent of the discipline is unreasonable in relation to the offence Decision of the Board The written decision of the majority of the Board of Arbitration shall be final and binding upon the Employer, the Union and the Employees. In the event there is no majority decision the decisions of the Chairman shall be the decision of the Board. CUPE Local 3943 and Community Living Hamilton Page 12 of 54

13 9.06 Disagreement on Decision Should the parties disagree as to the meaning of the Board s decision, either party may apply to the Chairman of the Board of Arbitration to reconvene the Board to clarify the decision, which it shall do within five (5) days Amending of Time Limits The time limits fixed in both the grievance and arbitration procedure may be extended by mutual consent of the parties. ARTICLE 10 DISCHARGE, SUSPENSION AND DISCIPLINE Clearing the File The record of an employee shall not be used against him/her at any time after (twenty-four (24) months following a suspension or disciplinary action, including letters of reprimand or any adverse report Discipline Notices Whenever the Employer deems it necessary to suspend or discharge, or otherwise discipline an Employee, the Employer shall notify the Union of such discipline in writing. The employer shall only discipline for just cause Omit Grievance Step An Employee, other than a probationary or temporary Employee, who has been terminated or notified of her termination, may submit a grievance directly to Step No. 2, in accordance with the provisions of Article Notwithstanding the foregoing, a probationary or temporary Employee may grieve a termination or termination notice at Step 2 if the grievance alleges a violation of the Human Rights Code A claim by an Employee, who has completed her probationary period, that she has been unjustly discharged, shall be treated as a grievance if a written statement of such grievance is lodged by the Employee and her steward or a representative of the Union with the Employer at Step No. 2 within five (5) working days after the date of discharge is effective Access to Personnel File Each Employee shall have reasonable access to her personnel file for the purpose of reviewing any evaluations or formal disciplinary notations, or any other information contained therein, in the presence of the Executive Director or designate. An Employee has the right to obtain copies of any information contained in the file. CUPE Local 3943 and Community Living Hamilton Page 13 of 54

14 10.06 Right to Have a Steward Present When the Employer intends to meet with an employee about a matter that may give rise to discipline the Employer shall advise the employee in advance about the purpose of the meeting, and advise the employee about the right to have Union representation at the meeting if the employee chooses The Union and the Employer recognize the value of Union representation for employees where an employee is the subject of an investigative discussion. Members interviewed by the Employer shall have Union representation during the interview(s), unless declined by the employee. The Employee and the Union shall be notified prior to such meeting. At the same time that the Employer notifies the employee(s) of the meeting the Employer shall notify the employee(s) of the purpose of the meeting and the right to have Union representation at the investigation meeting. ARTICLE 11 SENIORITY Seniority List A single seniority list shall be established for all Employees. For Employees who are regularly scheduled for more than twenty-four (24) hours per week, the seniority list shall show the names of Employees who have completed the probationary period and their most recent date of hire. For Employees who are scheduled for not more than twenty-four (24) hours per week, the seniority list shall show the names of Employees who have completed the probationary period and the hours paid, excluding overtime, from their most recent date of hire. For such part time Employees, 2080 hours shall equate to one year of seniority. The seniority list will be posted on the Employer s bulletin board within thirty (30) days from the commencement date of this Agreement and brought up to date semiannually in January and July thereafter, and a copy of the list shall be given to the Local Union President within one month Probationary Employees a) A full-time Employee will be considered on probation and will not be subject to the seniority provisions of this Agreement, nor shall her name be placed on the seniority list until she has completed sixty-five (65) days worked for the Employer in the bargaining unit from her most recent date of hire. Probation may be extended at the mutual agreement of the parties for a period not to exceed sixty-five (65) days worked. Upon completion of such probationary period, the Employee s name shall be placed on the seniority list and seniority shall be effective from the original date of hire. b) A part-time Employee will be considered on probation and will not be subject to the seniority provisions of the Agreement, nor shall her name be placed on the seniority list until she has completed three (3) months worked for the Employer in the bargaining unit from her most recent date of hire. Probation may be extended at the mutual agreement of the parties for a period CUPE Local 3943 and Community Living Hamilton Page 14 of 54

15 not to exceed three (3) months worked. Upon completion of such probationary period, the Employee s name shall be placed on the seniority list and seniority shall be calculated on hours paid, excluding overtime, with 2080 hours representing one year of seniority. c) An Employee awarded a promotion or transfer between full-time and part-time positions or vice versa shall not be required to complete another probation period but shall be subject to a trial period as outlined in Article Loss of Seniority Seniority and employment shall be terminated when an Employee: a) resigns; b) is discharged; c) is absent due to a disability for a continuous period exceeding two (2) years in duration; d) is laid off for lack of work, subject to the provisions of Article 14; e) is absent from scheduled work for a period of three (3) or more consecutive working days without notifying the Employer of such absence and providing to the Employer a satisfactory reason. It is understood that this three (3) day period also applies to weekend staff; f) fails to report for work upon the expiration of any leave of absence granted to them without notifying the Employer and providing a reason satisfactory to the Employer; g) fails to report for work within ten (10) working days, without a satisfactory reason, after issuance of notice of recall from layoff by registered mail to their last known address listed with the Employer; h) Retires Seniority shall be retained and accumulated when an Employee is absent from work under the following conditions: a) when on leave of absence with pay; b) when on an approved leave of absence without pay; c) when in receipt of Workers Compensation, for a period not exceeding two (2) years; d) when on pregnancy and/or parental leave as provided under the Employment Standards Act, CUPE Local 3943 and Community Living Hamilton Page 15 of 54

16 11.05 Seniority shall be retained but not accumulated when an Employee is absent from work under the following circumstances: a) when laid off and entitled to recall. When a former Employee is recalled and rehired within the applicable period outlined in Article 14, the Employee will be credited with seniority accumulated during layoff Transfers and Seniority Outside the Bargaining Unit a) No Employee shall be transferred to a position outside the bargaining unit without her consent. If an Employee is permanently transferred to a position outside of the bargaining unit, she shall retain her seniority accumulated up to the date of leaving the unit for a period of two (2) years from her date of transfer. If the Employee returns to the bargaining unit within two (2) years from her date of transfer, she shall be returned to her former position, if it exists, without loss of seniority. Any other Employee promoted or transferred because of the re-arrangement of positions shall also be returned to her former position, if it exists, without loss of seniority. If former positions, as referred to above, no longer exist, she shall be placed in a job consistent with her seniority. In this case, such placement shall not result in the layoff or bumping of an Employee holding greater seniority. b) Employees temporarily transferred out of the bargaining unit for periods of less than two (2) years will continue to accumulate seniority during their period of time outside of the bargaining unit. c) If an Employee, other than a probationary Employee is laid off as a result of Employees returning to the bargaining unit under (a) or (b) above, such Employee will be covered under the terms of Article d) Termination of a temporary Employee as a result of Employees returning to the bargaining unit under (a) or (b) above will be as outlined in Article ARTICLE 12 JOB CLASSIFICATIONS Job Descriptions The Employer agrees to provide job descriptions for all Employees in the bargaining unit. The job description shall locate and identify a specific position within a program or activity of the Employer, summarize the duties required by the Employer, and indicate the appropriate occupational group and job title. Revisions to job descriptions shall be presented to the Employee and the Secretary or designate of the Union. Subject to written objection of the Union within thirty (30) days, these revisions shall become the recognized job descriptions for the identified positions. CUPE Local 3943 and Community Living Hamilton Page 16 of 54

17 12.02 Job Classifications The Employer agrees to provide definitions of occupational groups, names of positions, or job titles, classifications related to the salary schedule attached as Appendix "A" of this Agreement, and job specifications factors used to establish classification of all positions within occupational groups. Changes in the definition or composition of occupational groups shall not be made without proper disclosure in full to the Union, and discussion with the President and Secretary or designate of the Union, with the objective of mutual agreement. Officers of the union shall suffer no loss of pay for participation in such discussions. When the duties or volume of work in any classification are changed or increased and where the Union and/or an Employee feels she is unfairly or incorrectly classified as a result, or when a position not covered in Appendix "A" is established during the term of this Agreement, the rate of pay shall be subject to discussions between the Employer and the Union. No changes in rate of pay for any position shall be made without prior discussions with the Union. If the parties are unable to agree on the reclassification and/or rate of pay of the job in question, such dispute shall be submitted to grievance and arbitration. When such dispute is submitted to grievance, it shall commence at Step 2 of the grievance procedure, provided that the grievance is submitted in writing within the time limits as contained in Article The new rate shall become retroactive to the time the position was first filled by an Employee Should job qualifications change, bargaining unit members will be deemed qualified in their current position, and those qualifications for which the employee has been deemed qualified will be transferrable to any other position within the bargaining unit which requires those qualifications Transfer Requests An employee wishing to transfer into an alternate position and/or location, may request to be considered for a placement vacancy, as identified by the Employer, by submitting a request in writing to Human Resources that includes the location(s) requested for future placement and the position(s) in which the employee wished to be considered. Requests shall be placed on file for a period of twenty-four (24) months. A request for a transfer will only be granted in the event the employee would be able to satisfy the language and vacancy. Article and seniority shall govern. Vacancies will be identified by the Employer and the decision to proceed with a transfer or posting will be discussed with the Union and the Union will receive written notification prior to implementation. A request for a transfer will only be approved for lateral transfers or transfers into a classification with the same rate of pay and entitlement to benefits or lower, and full time to part time. CUPE Local 3943 and Community Living Hamilton Page 17 of 54

18 Only requests for a transfer on file at the time a vacancy is identified will be considered under this article. No transfer shall be unreasonably denied. ARTICLE 13 PROMOTIONS AND STAFF CHANGES Job Postings a) When a vacancy occurs or a new position is created within the bargaining unit, within ten (10) days of the vacancy, the Employer shall post a notice on the main bulletin boards with a copy to the Union. Notice of vacancies for full-time permanent positions which shall include the resignation of an incumbent, or for part-time permanent positions of at least twelve (12) hours per week shall be posted on bulletin boards for a minimum of one (1) week so that all Employees will know about the vacancy. A copy of the job posting shall be forwarded to the Union. b) Temporary Postings When the Employer can reasonably determine that a temporary full-time vacancy will last longer than three (3) months, then such vacancy shall be posted in accordance with Job Postings and Article The initial temporary vacancy shall be posted but the Employer shall not be required to post any subsequent vacancy. Resources permitting and where practicable, full-time vacancies of less than three (3) months shall be filled with Employees who are regularly scheduled for not more than twenty-four (24) hours per week. It is understood that no temporary posting shall be longer than two (2) years unless otherwise mutually agreed. c) It is understood that internal applicants must be Union Employees who have completed their probationary period plus an additional six (6) months full-time employment or 1040 hours of part-time employment. d) Where possible the successful candidate will be transferred to the new position within a one-month period contingent upon the ability of the Employer to maintain a safe and efficient operation. Notice of the successful candidate(s) will be forwarded to the Unit Chair. e) Employees who are temporarily reassigned in accordance with the above shall not be eligible to apply for a new temporary assignment posted during their secondment unless mutually agreed upon in writing by the parties. f) Employees who are temporarily reassigned in accordance with the above are not considered temporary workers Resources permitting and where practicable, vacancies of less than six (6) months shall be filled with part-time Employees. CUPE Local 3943 and Community Living Hamilton Page 18 of 54

19 13.03 Information on Postings Such notice shall contain the following information: nature of position, qualifications, skills, current shift and hours, current location and wage rate Recognition of Seniority Both parties recognize the principle of promotion within the service of the Employer; that job opportunity should increase in proportion to length of service and ability based on performance. Therefore, in making an appointment under Article above, seniority, qualifications for the position available, health, and ability shall be the factors considered in choosing the successful candidate. If these factors are relatively equal then the candidate with greater seniority shall be appointed to the vacancy. The Employer will first determine whether an internal applicant will be appointed to the vacancy before evaluating the application of an external candidate. The Employer will furthermore advise an unsuccessful, internal candidate of its decision and the reasons for such decisions within three (3) weeks Consideration for promotion will be given to the senior applicant who does not fully possess the required educational qualifications at the time of posting, but is actively engaged in obtaining such qualification at the time of application, and will be so qualified within a twelve (12) month period Trial Period When an Employee is awarded a promotion or transfer, she shall be allowed a trial period of sixty- five (65) working days. The trial period may be extended at the mutual agreement of the parties for a period not to exceed sixty-five (65) worked days. Within this period the Employee may voluntarily return, or be returned by the Employer to the position formerly occupied, without loss of seniority and at her former salary rate. Any other Employee promoted or transferred because of the rearrangement of positions shall also be returned to her former position, and salary rate without loss of seniority. The Employer shall not curtail the trial period without just cause before it has run its course If an Employee is promoted or transferred, the date of transfer to the new classification shall become the anniversary date for application of salary progression. ARTICLE 14 LAYOFFS AND RECALLS Layoff Procedure a) In the event that a reduction of the work force in any of the Employer s Divisions is required, the Employer agrees to adjust its workforce and layoff separately full-time and part-time Employees in the following order, subject to the provisions of (b) below: CUPE Local 3943 and Community Living Hamilton Page 19 of 54

20 1. The Employee(s) with the least amount of seniority in the Division affected, will be displaced from the Division in sufficient number so as to provide for the required work force adjustment in the Division, and 2. An Employee displaced from a Division in accordance with (1) above will be considered for employment in some other Division of the Employer. Any resultant layoff will occur on the basis of seniority with the Employer. b) This displacement and/or layoff of an Employee will only occur on the basis that the senior Employee who retains employment is qualified and able to perform the work available. This displacement and/or layoff shall not be made in a manner that is arbitrary or in bad faith. c) Where possible, the Employer shall give the Union sixty (60) days notice in writing in the event that the Employer is considering reductions and/or closure of programs, services or supports; layoffs; restructuring; or any other initiatives that would impact the job security of bargaining unit members. The Employer shall meet with the Union within five (5) working days of the written notice at which time the Employer shall discuss with the Union the issues giving rise to the notice. If indefinite layoffs are being considered, the parties shall discuss all reasonable options such as attrition, redeployment, voluntary leaves of absence, retraining and voluntary exit plans. d) In the event of a layoff of a permanent or long-term nature, the Employer will provide affected Employees with two (2) weeks notice for each year of service to a maximum of twelve (12) weeks, provided the affected Employee has more than twelve (12) months service. Employees with less than twelve (12) months service will be entitled to notice in accordance with the provisions of the Employment Standards Act. Should the Employer and the Union agree to a different method of implementation, such agreement shall take precedent over the other terms and conditions of this Collective Agreement. e) Unless otherwise required by legislation or by Government directive (stemming from legislative regulations), should job qualifications change, employees will be deemed qualified in their current position and status (e.g. full-time versus part-time) When an Employee, other than a probationary or temporary Employee has been laid off she shall be entitled to recall in reverse order of the layoff procedure for a period of two (2) years from the date of layoff Employees shall be recalled after layoff in accordance with provisions of Article above, provided that the Employee to be recalled is qualified to do the work to which she is assigned. This recall shall not be made in a manner that is arbitrary or in bad faith. CUPE Local 3943 and Community Living Hamilton Page 20 of 54

21 14.04 It is the responsibility of the Employee to keep the Employer informed of their current address and telephone number. If the Employee fails to do this, the Employer will not be responsible for a failure of notice to reach the Employee An Employee who has been laid off and is entitled to recall in accordance with the provisions of Article may arrange payment of premiums for all health and welfare benefits provided for under this Agreement at the time of lay-off. Such Employee must arrange payment through the Employer at the time of lay-off. ARTICLE 15 HOURS OF WORK Normal Hours of Work a) For Employees who are scheduled for more than twenty-four (24) hours per week, the regular work day will be eight (8) hours, and the regular work week will be forty (40) hours, with the exception of those persons scheduled as shown in Appendix B. Such hours will include paid lunch periods. b) The regularly scheduled hours of work for part-time Employees shall not normally exceed twenty-four (24) hours per week as assigned by the Employer. For employees who are regularly scheduled for not more than twenty-four (24) hours per week, for any shifts that are five (5) hours or more, such hours will include paid lunch periods For full-time Employees, the work day and work weeks which an Employee is currently scheduled to work are listed in Appendix "B" and any changes to such schedules will be in accordance with the provisions of Article (a) below Working Schedule a) For full-time Employees, the days of work for any Employee or group of Employees, the starting and quitting times and the time of lunch periods, relief periods and rest periods will be posted or otherwise made known to Employees in accordance with the requirements of the Community Living Hamilton. Shift schedules, for programs with a rotating schedule, covering a six-week period will be posted two (2) weeks in advance of their effective date and Employees will be notified five (5) working days in advance of any general change in their weekly work schedule. Prior to any such change in schedules, the Employer agrees to notify the Union of such changes and at the request of the Union, conduct a meeting to review the reasons for the schedule change and further consider any and all alternative means of scheduling the Employees. b) For part-time Employees, shift schedules for programs with a rotating schedule, covering a six (6) week period will be posted two (2) weeks in advance of their effective date and Employees will be notified five (5) working days in advance of any general change in their weekly work schedule. Scheduled part-time Employees requesting specific days off will notify their Supervisor in writing two (2) weeks prior to the posting of the new schedule, except in cases of emergency in which case as much notice as possible shall be provided. Subject to operational requirements as determined by the Employer, approval of such requests shall not unreasonably be denied. CUPE Local 3943 and Community Living Hamilton Page 21 of 54