Collective Agreement. . between. Ontario Public Service Employees Union on behalf of its Local 525. and. West Toronto Community Legal Services

Transcription

1 Collective Agreement. between Ontario Public Service Employees Union on behalf of its Local 525 and West Toronto Community Legal Services DURATION: April1, March 31, 2020!;/\ OPSEU 11/GsEFPO Sector

2 TABLE OF CONTENTS ARTICLE # PAGE# ARTICLE 1 - PURPOSE... 1 ARTICLE 2- RECOGNITION ARTICLE 3 - MANAGEMENT RIGHTS... 1 ARTICLE 4- DEFINITIONS... 2 ARTICLE 5- NO DISCRIMINATION... 2 ARTICLE 6- NO STRIKES OR LOCKOUTS... 3 ARTICLE 7 - UNION DUES... 4 ARTICLE 8- UNION REPRESENTATION... 4 ARTICLE 9 - HEALTH & SAFETY... 5 ARTICLE 10- GRIEVANCE PROCEDURE... 6 ARTICLE 11 -ARBITRATION... 7 ARTICLE 12- DISCIPLINE & DISCHARGE... 9 ARTICLE 13- PERSONNEL FILES... 9 ARTICLE 14- SENIORITY ARTICLE 15- JOB POSTING ARTICLE 16- LAYOFFS AND RECALLS ARTICLE 17 - HOLIDAYS ARTICLE 18- VACATIONS ARTICLE 19- LEAVES OF ABSENCE- UNION LEAVE ARTICLE 20- SICK LEAVE ARTICLE 21- BULLETIN BOARDS ARTICLE 22- SALARIES AND WAGES ARTICLE 23- BENEFITS ARTICLE 24- HOURS OF WORK ARTICLE 25- DURATION OF AGREEMENT LETTER OF UNDERSTANDING # LETTER OF UNDERSTANDING #2- BED BUG POLICY WAGE AND BENEFIT SCHEDULE... 28

3 ARTICLE 1 - PURPOSE 1.01 The purpose of this Agreement is to establish an orderly collective bargaining relationship between the Employer and the employees concerned and to provide mechanisms for the prompt and equitable disposition of grievances, and to establish and maintain satisfactory working conditions, hours of work and wages for all employees within the bargaining unit. ARTICLE 2 - RECOGNITION 2.01 The Employer recognizes the Union as the sole and exclusive bargaining agent of all employees of West Toronto Community Legal Services save and except the managers, the Executive Director, the Staff Lawyers, the Office Manager, and persons above the rank of Executive Director No employee shall be required nor permitted to make a verbal or written agreement which conflicts with the terms of this Collective Agreement except where the parties, including the bargaining agent, agree otherwise in writing Employees not covered by the terms of this Agreement shall not perform duties normally assigned to those employees who are covered by this Agreement, if such work directly results in a layoff or reduction in regularly scheduled hours of work for members of the Bargaining Unit. ARTICLE 3 - MANAGEMENT RIGHTS 3.01 The Union acknowledges that it is the exclusive function of the Employer to hire, retire, promote, demote, transfer classify and suspend employees and also the right of the Employer to discipline or discharge any employee for just cause provided that a claim by the employee, who has acquired seniority, that she/he has been discharged or disciplined without just cause may be the subject of a grievance and dealt with as hereinafter provided The Employer has, retains, and shall possess and exercise, all rights and functions, powers, privileges and authority that the Employer possessed prior to the signing of a contract with the Union, excepting only those that are clearly and specifically relinquished or restricted in this contract As illustrative of the rights that management possessed and retained, but in no way to be construed as a limitation, the Employer shall have the exclusive right: to manage the Clinic; to determine the hours of work; to determine the number of shifts and adjust same from time to time; 1

4 to determine the location of the Clinic or any part thereof, including the establishment of new clinics and the relocation or closing of the old clinic; to schedule, allocate and transfer work; to determine the size or composition of the work force, the kind, quality of the clinic's work as required by the Clinic "certificate"; to establish, change or abolish job classifications; to reduce the work force and/or work shorter hours; to shut down permanently or by day or week or for any other periods; to establish or discontinue specific jobs; to utilize labour saving devices; to determine which of the jobs are to be hourly; transfer work within the bargaining unit; to determine methods of pay of employees, and determine qualifications of employees The prerogatives and responsibilities set forth in this section, and/or otherwise retained by management, shall be exercised fairly and reasonably and in conformity with the other provisions of this Agreement. The Employer also has the right to make, alter and enforce, from time to time, reasonable rules and regulations to be observed by the employees. ARTICLE 4 - DEFINITIONS 4.01 A Full-Time Employee is a permanent employee who is regularly scheduled for thirty-five (35) hours-per-week A Permanent Part-Time Employee is a permanent employee who is regularly scheduled less than full-time, thirty-five (35) hours-per-week, but at least twenty (20) hours-per-week Casuals are employees scheduled for less than twenty (20) hours-per-week and work on an irregular or short-term basis, unless covering for the absence of a fulltime or PPT employee. ARTICLE 5- NO DISCRIMINATION 5.01 (a) There shall be no discrimination practiced by reason of race, ancestry, place of origin, religious beliefs, colour, national origin, nationality, ethnic origin, citizenship, creed, sex, sexual orientation, gender orientation, age, marital status, family status, disability as defined in and provided for in the Ontario Human Rights Code. 2

5 (b) (c) The employer agrees that there will be no intimidation, harassment, discrimination, interference, restraint or coercion exercised or practiced by the Employer or its representatives because of membership or activity or lack of membership or lack of activity in the Union. If any provision of this agreement is found to be in conflict with the Ontario Human Rights Code, the parties shall be bound by the Code and shall amend this agreement to the extent required The parties agree that the WTCLS does not condone, and will not tolerate, any form of bullying or psychological harassment in the workplace, and is committed to: Maintenance of a healthy and safe workplace for all employees; Education and prevention-orientation practices; Addressing bullying behaviour as soon as possible Workplace Violence and Harassment The Employer commits to giving priority during the term of this agreement to the development of policies and procedures with respect to violence in the workplace. Such policies and procedures will be developed in consultation with the Joint Health and Safety Committee. Once a year these measures and procedures shall be reviewed in the light of current knowledge and practice At least once a year, the harassment and bullying prevention and control measures, procedures, practices, equipment and training shall be reviewed and revised in light of current knowledge and practice and legislation The Employer will provide training on harassment and bullying prevention and control measures, policy, procedures, practices, equipment and training for the health and safety of workers. The Employer shall provide this training during regular working hours, with no loss of pay or benefits to employees The Joint Health and Safety Committee will review compliance with the harassment and bullying prevention and control measures, procedures, practices, equipment and training during their physical inspection of the workplace. ARTICLE 6- NO STRIKES OR LOCKOUTS 6.01 The Union and the Employer agree there will be no strikes or lockouts, as defined by the Ontario Labour Relations Act, as long as this agreement continues to operate. 3

6 ARTICLE 7 - UNION DUES 7.01 The Employer agrees that it will deduct each pay period, a sum equal to regular Union dues from each employee in the Bargaining Unit. The Employer agrees that it will remit the total amount of such deductions to the Accounting Department of the Union, 100 Lesmill Road, North York, Ontario, M3B 3P8, no later than the fifteenth (15 1 h) day of each month following the month that deductions were made. The remittance shall be accompanied by a list of the names and social insurance numbers of those employees for whom deductions have been made The Employer agrees to include the annual total of dues deducted on each employee's T -4 slip The Union will advise the Employer in writing of the amount of its regular dues. The amount so advised shall continue to be deducted until changed by further written notice to the Employer The Union agrees to save the Employer harmless and to indemnify the Employer with respect to any claim made against the Employer by any employee or any group of employees arising out of the deduction of Union dues as herein provided The Employer will advise any newly hired employee that the position into which the employee has been hired is covered by a Collective Agreement and the Employer shall provide the employee with a copy of the most current Collective Agreement. ARTICLE 8- UNION REPRESENTATION 8.01 The Employer recognizes the right of the Union to select a Negotiating Committee of two (2) employees, in addition to a full-time OPSEU representative. The Employer shall recognize and deal with this Committee in respect to. negotiations for a new contract or amendments to the existing contract. The Employer and the Union Negotiating Committee will meet at a time mutually agreed upon in writing within thirty (30) days of written notification by either party The Employer agrees to recognize two (2) Union Stewards Policies related to employment will be available to all employees and any changes to these employees will be reviewed with staff Stewards may request reasonable time-off, without loss of pay, to attend Labour Management Meetings or Health and Safety Meetings with the Employer, scheduled in accordance with the terms of this agreement. 4

7 8.05 There will be no reduction in salary from time spent in Negotiations during working hours, up to conciliation. Negotiations shall normally take place during Monday to Friday and during working hours Union Representatives shall be allowed reasonable time-off work to attend Negotiating Meetings with the Employer. The Union Steward will seek permission to discuss grievances with the Employer during work hours, in accordance with the grievance arbitration procedure. Such requests shall not be unreasonably denied. The Stewards may be afforded such reasonable time-off without deduction in pay, or credits, as may be required to attend meetings with Employer Representatives and to represent employees for the purposes of carrying out objectives of this agreement. Such time-off shall be requested from the Executive Director and shall not be unreasonably denied. It is further understood between the parties that meetings to discuss grievances shall normally take place during working hours Both parties agree to establish a Labour Management Committee consisting of two (2) Union Representatives and two (2) Management Representatives, along with the Office Manager, who shall keep the minutes of the meeting. The Committee will meet once every four months, or more frequently as necessary. The Committee will provide a forum for ongoing communication and the joint consideration of various concerns which arise in the day-to-day activities of the Employees represented by the Union. All such meetings will be held during normal working hours The Employer agrees that a Union Representative shall be given the opportunity of interviewing each newly hired employee, for a period not to exceed fifteen (15) minutes, and as early as practical during the probation period, for the purposes of advising such employees of their rights and, benefits under the terms of this Agreement, and the Union may provide Membership Forms at this meeting Throughout this Agreement, "Representative of the Union" is a Steward of the Bargaining Unit, or a staff member of OPSEU. ARTICLE 9 - HEALTH & SAFETY 9.01 It is the responsibility of the Employer to provide a safe and healthful working environment for all of its employees, and it is incumbent upon such employees of the Employer to ensure that such an environment is maintained at all times. The Employer and the Union shall, in general, in any and all areas not otherwise covered by the Occupational Health and Safety Act, cooperate in improving rules and practices which will provide adequate protection to employees. To this end, one (1) representative of the Employer and one (1) representative of the Union shall meet at least four (4) times a year to discuss health and safety concerns. 5

8 9.02 Eye Examinations The Employer agrees to pay for the cost of an annual eye examination for all employees who are required to use a computer at work. ARTICLE 10- GRIEVANCE PROCEDURE It is the intent of this Agreement to resolve, as quickly as possible, any complaints or differences between the parties. Should a dispute arise between the Employer and any member of the Bargaining Unit regarding the interpretation, meaning, operation, or application of this Agreement, including any questions as to whether or not a matter is arbitrable, or should an allegation be made that this Agreement has been violated in any way, an earnest effort shall be made to settle the dispute in the following manner: STEP 1 It is the mutual desire of the parties that complaints of any employee be addressed as quickly as possible. It is understood that if any employee has a complaint, the employee shall meet and discuss it with the employee's immediate supervisor within fifteen (15) days after the circumstances giving rise to the complaint have occurred, or have come, or ought reasonably to have come, to the attention of the employee, in order to give the immediate supervisor an opportunity of addressing the complaint. If the complaint, or difference, is not satisfactorily settled within five (5) days of discussing it with the supervisor, the employee may proceed to Step STEP 2 The employee, with the assistance of a Union Steward, shall submit the grievance in writing to the Executive Director within ten (1 0) working days of receiving the supervisor's response. The employee shall present his/her grievance in writing, outlining the circumstances of the complaint, any remedies sought, and the article, or clause, alleged to be violated. The Executive Director shall answer the grievance within five (5) working days after the grievance has been received STEP 3 If no satisfactory settlement has been reached in Step 2, the Union may, within fifteen (15) working days after the written decision of the Executive Director, forward the matter to arbitration by writing a letter to the Executive Director, including the nature of the grievance, any specific remedies sought, and the article, or clause, alleged to have been violated. 6

9 10.04 Should the employer have a complaint or question regarding the interpretation, meaning, operation, or application of this Agreement, or have reason to allege that this Agreement has been violated in any way, he/she may treat such complaint, question or allegation as a grievance and may ask the Union's Staff Representative in writing for a meeting of the Union Grievance Committee with representatives of the Employer. Such a written request shall specify the nature of the grievance, the remedy sought and the Article(s) or clause(s) at issue. The Union Grievance Committee shall meet with the said representatives within fifteen (15) working days following the request of the meeting. Failing a satisfactory decision within ten (1 0) days following the date of the above meeting, the Clinic may refer the grievance to arbitration in accordance with the provisions in Article POLICY GRIEVANCE The Union and the Employer shall have the right to file a Policy Grievance based on a dispute arising out of the application, interpretation or alleged violation of this Agreement. A Policy Grievance may be launched by either party in writing at Step 2 of this Grievance Procedure, at any time within thirty (30) calendar days of the circumstances giving rise to the grievance, or of the date when the party ought reasonably to have become aware of the circumstances giving rise to such grievance. If it is not satisfactorily settled at such step, it may be referred to arbitration in accordance with Step 3 of this Grievance Procedure (a) The time limits fixed in the grievance and arbitration procedures may be extended by consent of the parties to this Agreement. (b) At any stage of the Grievance or Arbitration Procedure, the parties may have the assistance of the employee concerned or any other witnesses, and all reasonable arrangements shall be made to permit the conferring parties, or the arbitrator, to have access to any part of the premises to view working conditions that may be relevant to the settlement of the grievance. ARTICLE 11- ARBITRATION Where a difference arises between the parties relating to the interpretation, application, or administration of this Agreement, including any question as to whether a matter is arbitrable, or where an allegation is made that this Agreement has been violated, either of the parties may, within fifteen (15) days after exhausting any Grievance Procedure established by this Agreement, notify the other party in writing of its desire to submit the difference or allegation to Arbitration, and the notice shall contain the name of the first party's appointee to an Arbitration Board. The recipient of the notice shall, within five (5) days, inform the other party of the name of its appointee to the Arbitration Board. The two (2) appointees so selected shall, within five (5) days of the appointment of the 7

10 second of them, appoint a third person who shall be the Chairperson. If the recipient of the notice fails to appoint an Arbitrator, or if the two (2) appointees fail to agree upon a Chairperson within the time limited, the appointment shall be made by the Minister of Labour for Ontario upon the request of either party. The Arbitration Board shall hear and determine the difference or allegation, and shall issue a decision and the decision is final and binding upon the parties and upon any employee or employees affected by it. The decision of a majority is the decision of the Arbitration Board, but if there is no majority the decision of the Chairperson governs Notwithstanding Article 10.01, if, within fourteen (14) days after exhausting any Grievance Procedure established by this agreement, both parties agree to submit the difference or allegation to a sole Arbitrator, the procedure shall be as follows: Within three (3) days after agreement is reached to proceed by a sole Arbitrator, each party must notify the other party in writing of the name of three (3) alternative choices as to a sole Arbitrator. If the parties thereafter can, within five (5) days, agree to a sole Arbitrator from amongst the alternative choices presented, the matter shall be determined by the agreed upon sole Arbitrator. If the parties fail to agree upon a sole Arbitrator within the time limited, the appointment shall be made by the Minister of Labour for Ontario upon request of either party. The Arbitrator shall hear and determine the difference or allegation and shall issue a decision and the decision is final and binding upon the parties and upon any employee or employees affected by it Arbitrations shall be heard at Toronto, Ontario The issue(s) raised in the written grievance shall be presented to the Arbitration Board, or to the Arbitrator, and the award shall be confined to such issue(s) Each grievance submitted to Arbitration shall be heard separately, unless mutually agreed upon between the parties The compensation of the Arbitration Board Chairperson, or of the sole Arbitrator, shall be borne equally by both parties The costs and allowances to be paid to witnesses shall be paid by the party calling such witnesses No costs of Arbitration shall be awarded to, or against, either party The finding of the Arbitrator(s) as to the facts, as to the interpretation, application, administration or alleged violation of the provisions of the Agreement, shall be conclusive and binding upon all parties concerned, but in no case shall the Arbitrator(s) be authorized to alter, modify or amend any part of this Agreement. 8

11 11.10 The Arbitrator(s) shall be requested to give a decision within a period of thirty (30) days after completion of the hearing. ARTICLE 12- DISCIPLINE & DISCHARGE A claim by an employee who has completed their probationary period, that they have been discharged without just cause, shall be treated as a grievance if a written statement of such a grievance is submitted to the Employer at Step 2 of the Grievance Procedure, within ten (10) working days following receipt of the notice of discharge Nothing in this Agreement prevents a supervisor, or the Clinic Director, from discussing informally with an employee the quality of the employee's work and identifying areas for improvement Prior to the imposition of discipline or discharge, the employee will be advised of their right to have a Union Steward present. Should the employee decline Union representation, the employee shall sign a waiver indicating such, and a copy shall be forwarded to the Union. If no Union person is available within a reasonable time, the employee may choose a Bargaining Unit member to attend the meeting with the employee Absent an agreement of the parties, including the Union, or an Arbitration Award to the contrary, if it is determined, or agreed, at any stage in the Grievance Procedure, including Arbitration, that an employee has been discharged without just cause, the Employer will reinstate the employee without loss of seniority, benefits, and pay. The amount of pay shall be limited to the pay that the employee would have earned during the relevant period, less any amount received, and less any amount the Employer is required to withhold by statute. In the alternative, the Employer will put into effect any lesser agreement agreed to by the parties, or determined by an Arbitrator The following shall not be the subject of a grievance: The termination of employment of an employee at the end of a predetermined period, or on completion of a specific project for which the employee was hired, and where the work ceases. ARTICLE 13- PERSONNEL FILES Each employee shall have access to their Personnel File for the purpose of reviewing its contents, in the presence of a member of the Clinic's management team. A copy of any document shall be provided at the employee's request Employees shall be notified of any document which may be used as a basis of future discipline, when such document is placed in the employee's file. 9

12 13.03 The Employer agrees to remove and destroy any disciplinary letters from an employee's file after twelve (12) months, provided there is no disciplinary action initiated within the twelve (12) month period When a new classification in the Bargaining Unit is established by the Employer, or the Employer makes a substantial change in the job content of an existing classification, which in reality, causes such classification to become a new classification, the Employer shall advise the Union of such new, or changed classification, and the rate of pay established. If requested, the Employer agrees to meet with the Union to permit it to make representations with respect to the appropriate rate of pay, providing any such meeting shall not delay the implementation of the new classification. Where the Union challenges the rate established by the Employer, and the matter is not resolved following any meeting with the Union, a grievance may be filed at Step 1 of the Grievance Procedure within seven (7) calendar days following any meeting. If the matter is not resolved in the Grievance Procedure, it may be referred to Arbitration, it being understood that an Arbitration Board shall be limited to establishing an appropriate rate based on the relationship existing amongst other classifications within the duties and responsibilities involved. Any change in the rate established by the Employer, either through meetings with the Union, or by a Board of Arbitration, shall be made retroactive to the time at which the new, or changed classification, was first filled. ARTICLE 14 - SENIORITY Seniority is defined as the length of service in the Bargaining Unit, and shall be used in the manner set out in the Collective Agreement for appointments, transfers, demotions, layoffs and recall Seniority List The Employer shall maintain a Seniority List showing the date upon which each employee's service commenced. An up-to-date Seniority List shall be sent to the Union and posted on all bulletin boards in January of each year. Loss of Seniority An employee shall lose all seniority and their employment shall be deemed to be terminated if they: (a) (b) voluntarily resigns, retires or is discharged for just cause; or are absent from work more than twelve (12) months by, reason of illness or other physical disability, and there is no reasonable likelihood the employee will return to work within the near future; or 10

13 (c) are absent from work without a reasonable excuse for more than three (3) consecutive days for which they are scheduled to work; or (d) are absent from work for more than twelve (12) months by reason of layoff. Employees who are on Leave of Absence will not engage in gainful employment on such leave, and if an employee does engage in gainful employment while on such leave, they will forfeit all seniority rights and privileges contained in this Agreement, unless otherwise agreed by the Union and the Employer. An employee, who has been granted a Leave of Absence of any kind, and who overstays their leave, unless they obtain permission, or provides a reasonable explanation, shall be considered to have terminated their employment without notice. The Union and the Employer agree to abide by the Human Rights Code Probation For Newly-Hired Employees Newly-hired employees shall be employed on a probationary basis for a period of six (6) months. During the probationary period, employees shall be entitled to all rights and benefits of this Agreement, except with regard to discharge. The employment of any such employees may be terminated at any time during the probationary period, without recourse to the grievance procedure, unless the Union claims discrimination, as noted in Article 5, as the basis of termination. After completion of the probationary period, the employee's seniority shall be effective from the original date of employment. ARTICLE 15 -JOB POSTING Where a permanent vacancy exists, or where the Employer creates a new position in the Bargaining Unit, such vacancy shall be posted for a period of seven (7) calendar days. Applications for such vacancies shall be made in writing within the seven (7) day period referenced herein. Notwithstanding the above, the Employer may fill, at its own discretion, vacancies caused by: (a) (b) (c) (d) (e) illness; accident; Pregnancy and Parental Leaves of Absence; Leave of Absence not expected to exceed twelve (12) months; vacation; 11

14 (f) specific tasks not expected to exceed six (6) months. In filling such temporary vacancies, the Employer shall consider employees who have expressed an interest, in writing, in filling such vacancies, on the basis of the selection criteria as set out in Article Employees selected to fill such temporary vacancies agree not to apply for other temporary positions while filling the temporary vacancy, unless the start of the new assignment is after the expiration of the existing assignment. Upon completion of the temporary vacancy, the Bargaining Unit employee will be returned to their former position. Such employees shall continue to accrue seniority while filling a temporary vacancy. Employees newly-hired to fill such temporary vacancies will not accrue seniority during the filling of such vacancy. If such employees successfully post into a permanent position within the Bargaining Unit, prior to the end of the non-posted vacancy, they will be credited with seniority from their date of hire. The release, or discharge, of such employees at the completion of the temporary vacancy, shall not be the subject of a grievance or arbitration Notices of vacancies, referred to in Article 15.01, shall include, for informational purposes, department, classification and qualifications A copy of the posted notice will be sent to the Local Steward, or their designate, within the aforementioned seven (7) calendar days The name of the successful applicant will be posted, and a copy sent to the Local Steward, or their designate The Employer agrees to discuss with unsuccessful applicants ways in which they can improve for future postings, if requested In filling posted vacancies, the selection shall be made based on skill, ability, experience, and relevant qualifications of the applicants. Where these factors are relatively equal, Bargaining Unit seniority shall be the governing factor An employee who is promoted to a higher-rated classification within the Bargaining Unit, will be placed in the range of the higher-rated classification so that they shall receive no less an increase in wage-rate than the equivalent of one step in the wage-rate of their previous classification (provided they do not exceed the wage-rate of the classification to which they have been promoted). 12

15 ARTICLE 16- LAYOFFS AND RECALLS A layoff means a period of at least one (1) week in which an employee receives less than one-quarter (%) of the wages they would earn at their regular rate in a regular non-overtime work week, unless the employee: (a) (b) (c) (d) was not able to work, or not available for work; was subject to disciplinary suspension; or was not provided with work by the Employer by reason of any strike or lock-out; or. the elimination of one or more Bargaining Unit positions which are occupied at the time of elimination (a) In the event of a layoff of a permanent, or long-term, nature, the Employer will provide affected employees with notice in accordance with the Employment Standards Act, but in no event less than fourteen (14) calendar days. (b) (c) (d) The Employer may satisfy its obligations in Article 16.02(a) through a combination of notice and pay in lieu of notice. The Employer agrees to provide fourteen (14) days' notice to the Union to meet with the Union during this time period, if requested, to discuss means of avoiding the layoff. This 14 day period will take place during the notice given to the affected employee under (a) above. The employer shall provide notice to the Union on the same day that notice is given to the employee. Such meeting will review the following: - the reasons causing the layoff; - the services the Employer will undertake after the layoff; - alternatives to layoff; -the method of implementation; and, - the ways the Employer can assist employees to find alternative employment A copy of any Notice of Layoff to an employee will be provided to the Union at the same time Employees with the least seniority, within the position in which the layoff takes place, shall be laid off first, providing that the employees who remain on the job have the ability and qualifications to perform the job An employee given notice of a permanent layoff shall be entitled to accept the layoff and retain recall rights, or displace an employee of the same status (e.g. 13

16 FT/PT), with less seniority, provided that the senior employee is able to perform the normal requirements of the job Benefits Continuation (a) (b) Voluntary Layoff (a) (b) (c) (d) Attrition In the event of a layoff of an employee, the Employer shall pay its share of the insured benefits premiums up to the end of the month, following the month in which the layoff occurs, or the statutory notice period, whichever is the later. If approved by Legal Aid Ontario and the benefits carrier, the employee may continue to pay the full premium cost of a benefit, or benefits, for up to a further twelve (12) months. Such payment can be made through the Payroll Office of the Employer, provided that the employee informs the Employer of their intent to do so at the time of the layoff, and arranges with the Employer the appropriate payment schedule. Where the employee does not continue payment, the insured benefit coverage will cease. Subject to the conditions outlined in this Article, an employee who has not received a Notice of Layoff may offer to be laid off and give up their job for possible redeployment of an employee who has received notice of layoff. An employee shall advise the Employer in writing of their desire to make an offer of Voluntary Layoff. The position of an employee making an offer under this Article will be considered to be a vacancy for redeployment of an employee who has received notice of layoff, provided that the employee originally subject to layoff is able to perform the work in that position with only a reasonable period of familiarization and training, as may be agreed upon between the parties. The Employer may accept an offer of Voluntary Layoff if the employee originally subject to layoff accepts the position held by the employee making the offer of Voluntary Layoff. It is understood that Attrition can be used effectively as a redeployment strategy. The Employer agrees that, wherever practicable, Attrition will be utilized as an alternative to layoffs Temporary Work Employees on layoff shall be given preference for temporary work for which they are qualified, if such work is expected to exceed ten (10) working days. An employee who has been recalled to such temporary vacancy shall not be required to accept the recall and may instead remain on layoff Recall 14

17 Employees who are laid off shall be placed on a recall list and shall retain, but not accrue, seniority for twelve (12) months (a) The Employer shall recall employees, in order of seniority, to vacant Bargaining Unit positions for which they possess the necessary qualifications, skills and ability to perform the required work, for a period of twelve (12) months from day of layoff. (b) Employees eligible for recall will be notified of any vacancy for which they possess the necessary qualifications, skills and abilities to perform the required work. Notice will be by registered mail, telephone, electronic transmission, or delivery to the last address left with the Employer. Any notification by telephone or electronic transmission will be followed up with confirmation by registered mail. If the laid off employee wants to return, the employee must notify the Employer within seven (7) days of the date notification is received, or fourteen (14) days from the date the notice was sent, whichever occurs first. The employee will be given at least an additional seventy-two (72) hours to report to work. (c) (d) Where prevented from reporting because of extenuating circumstances acceptable to the Employer, the employee will be given a reasonable extension of time. However, this will not prevent the Employer from employing individuals on a temporary basis until the laid off employee(s) report for work. If the employee fails to appear for the return date, the employee will forfeit their recall rights, unless the employee has rescheduled the return date with the Employer's consent An employee who is recalled and reinstated to a position with a lower rate of pay than the position which was occupied at the time of the layoff, shall be given the first opportunity to return to their former position No new employees, or previous employees, shall be hired until those permanent employees on layoff with recall rights have been given the opportunity for recall, provided that they have the requisite qualifications, skills and abilities to satisfactorily perform the work Government Programs The Employer agrees that no Bargaining Unit employee shall be laid off as a result of the Employer's participation in Federal, Provincial or Municipal Wage Assisted/Workfare, or other programs. Further, the Employer agrees that there shall be no loss of hours, wages or jobs for either Part-Time or Full-Time employees as a result of the Employer's participation in such programs Restructuring In the event of a reorganization, or restructuring, of the Employer, which may have potential adverse effects upon employees in the Bargaining Unit, the 15

18 Employer shall notify the Union of such plans, as far as practicable in advance, so that the parties can meet to discuss possible ways and means of minimizing the impact, including: (a) (b) Severance Identifying and proposing alternatives to any action that the Employer may be considering. Identifying and seeking ways to address retraining needs of employees. If the Clinic will be closed, the Employer agrees to make every reasonable effort to seek funding for severance of not less than one (1) week per year of service, or part thereof, for the employees, to the extent allowable under the laws and rules relating to bankruptcy, or winding down the corporation. ARTICLE 17- HOLIDAYS The following days shall be considered paid holidays without loss of regularly scheduled earnings for Full-Time employees who qualify in accordance with the Employment Standards Act: New Year's Day Good Friday Victoria Day Canada Day Civic Holiday Remembrance Day Labour Day Thanksgiving Day Family Day Christmas Day Boxing Day Part-Time employees will receive holiday pay in accordance with the Employment Standards Act Seasonal Closure The Clinic shall operate on skeleton staffing during the period between December 26th and January 1 5 t. All employees shall be credited with three (3) paid floating holidays on December 26th of each year. These holidays are separate and apart from those referenced in Article of this Collective Agreement. These floating holidays shall be used by employees to provide payment for the days in the above period should the employee not be required to work. Should the Employer require an employee to work during this period, the employee shall be paid at time-andone-half (1 1 / 2) for all hours worked during this period, and the employee shall be entitled to use the paid floating holiday for another day off with pay during the following calendar year. Such day shall be scheduled by mutua~ agreement between the employee and the Employer. In assigning employees to work during the Seasonal Closure, the Employer shall first solicit for volunteers from amongst those employees who normally perform the work, with seniority being the deciding factor. If there are insufficient employees who volunteer to work, the Employer shall then assign employees to work on the 16

19 reverse basis of seniority from amongst those employees who normally perform the work If any of the holidays cited above fall on a Saturday, Sunday or a mid-week day, the Employer will decide whether to take the day(s) on the preceding Friday, or following Monday An employee required by the Employer to work on any of the days mentioned iri Article above, will receive two-and-one-half (2 %) times their straight time hourly rate for all such work on such holiday In the event that one ( 1) or more of these paid holidays occur during the employee's vacation, they shall have that number of days added to their vacation Float Days An employee shall be granted three (3) paid days per year to be used for any reason, but particularly for religious or cultural observances. These days are not cumulative and have no cash value. Should an employee's employment terminate part way through the year, advanced credits will be deducted from their final cheque. ARTICLE 18 - VACATIONS All employees shall be credited with vacation per year of Clinic employment which need not be taken all at once. An employee may carry over a maximum of one (1) weeks' vacation credits from one (1) year to the next. Vacation shall be credited as follows: Years of Service Vacation Credits 0 to 3 Years 3 weeks 4 to 9 Years 4 weeks 10 to 15 Years 5 weeks weeks Should an employee's employment termmate part way through the year, advanced credits will be deducted from their final cheque. In January of each year, the Employer shall schedule a meeting with each employee who has vacation carryover in excess of one (1) week. At such meeting the parties shall attempt to mutually agree on the scheduling of such excess vacation to be used by March 31 5 of that year. Failing such agreement the Employer shall schedule such excess vacation credits to be used by the end of March of that year The year for determining vacation entitlement shall be the employee's anniversary date of employment The periods at which employees shall take vacation shall be based on the selection by the employee according to seniority in each department, but shall be 17

20 finally determined by the Executive Director, having due concern for the proper operation of the Clinic. Vacation requests shall be submitted to the Executive Director on or before February 1st of each year. Conflicts between employees who have made vacation requests for the same weeks of vacation shall be determined by seniority. Vacation requests made after February 1st shall be considered based on the need for the proper operation of the Clinic. Such requests shall be considered on a first come, first served basis and, once approved, a more senior employee may not displace a more junior employee Any employee who terminates employment for any reason shall be paid their vacation credits on a pro-rata basis When vacations are interrupted or cancelled by the Employer, so that vacation credits cannot be reasonably used, the employee shall have the option of payment, or the accrual of such vacation credits. The employee will be reimbursed, upon justification, for any monies lost or forfeited by the interruption or cancellation No employee shall accumulate vacation days while on an unpaid leave of absence. ARTICLE 19 - LEAVES OF ABSENCE- UNION LEAVE Personal Leave Written requests for a Personal Leave of Absence without pay will be considered on an individual basis by the Executive Director or designate. Such requests are to be submitted as far in advance as possible, and a written reply will be given. Such leave shall not be unreasonably withheld Bereavement Leave (a) Spouse: A person who is legally married to you, or a person who is your common law spouse and is living with you; (b) Child: An unmarried, natural, or legally adopted child, or an unmarried stepchild, or other child under the age of twenty-one (21), or twenty-five (25), if in regular attendance at school, who lives with the employee in a regular parent/child relationship, and who is solely dependent on the employee for support; A child who is over twenty-one (21), but is substantially incapacitated by reason of physical or mental disability, and is solely dependent on the employee for support, shall also be included in this definition; (c) Immediate Family shall include a child as defined herein, a parent as defined herein, a spouse as defined herein, as well as an adult child; 18

21 (d) Parent shall include: a natural parent, or a person with whom a child is placed for adoption, or a person who is in a relationship of some permanence as the parent of a child, and who intends to treat the child as their own. Any employee who notifies the Employer, as soon as possible following a bereavement, will be granted Bereavement Leave for up to four (4) consecutive calendar days off without loss of regular pay from regularly scheduled hours, following the death, up to the second (2nd) day following the day of the funeral for a parent, spouse or child. "Spouse", for the purposes of Bereavement Leave, will include a partner of the same sex. Any employee who notifies the Employer as soon as possible following a bereavement, will be granted Bereavement Leave for up to three (3) consecutive calendar days off without loss of regular pay from regularly scheduled hours, following the death, up to and including the day of the funeral, of a member of their other immediate family. "Immediate Family", for the purposes of this Section, shall mean sister, brother, mother-in-law, father-in-law, grandparent, grandchild, brother-in-law, sister-in-law and grandparent of spouse. An employee shall be granted one (1) day Bereavement Leave without loss of regular earnings, to attend the funeral, of, or a memorial service (or equivalent) for her or his aunt, uncle, niece or nephew. If a burial or memorial service is not held within the period referenced above, an employee can utilize one (1) day of their entitlement, as determined above, within six (6) months following the date of bereavement for the purposes of attending such burial or memorial service. The Employer, in its discretion, may extend such leave, with or without pay. Furthermore, where an employee does not qualify under the above-noted conditions, the Employer may, nonetheless, grant a paid Bereavement Leave Jury and Witness Duty If an employee is requested to serve as a juror in any court of law, or is required by subpoena to attend as a witness in a court proceeding in which the Crown is a party, the employee shall not lose regular pay because of necessary absence from work due to such attendance, and shall not be required to work on the day of such duty, provided that the Employee: (a) informs the Employer immediately upon being notified that the employee will be required to attend court or the coroner's inquest; (b) presents proof of service requiring the employee's attendance; and 19

22 (c) promptly repays the Employer the amount, (other than expenses), paid to the employee for such service as a juror, or for attendance as such witness Pregnancy Leave and Parental Leave (a) Pregnancy Leave (i) (ii) (iii) Pregnancy Leave will be granted in accordance with the provisions of the Employment Standards Act, except where amended in this agreement. For Employees with greater than one (1) year of service, the employee must apply for Employment Insurance to HRSDC (or its equivalent). The Employer must file the Record of Employment within five (5) days following interruption of earnings. If approved by HRSDC, the employee will receive ninety-five percent (95%) of wages for scheduled time lost during the two week E.l. waiting period. An employee who is on Pregnancy Leave, as provided under this Agreement, and who is in receipt of Employment Insurance Pregnancy Benefits, pursuant to Section 22 of the Employment Insurance Act, 1996, shall be paid a supplemental unemployment benefit. That benefit will be equivalent to the difference between sixty-five percent (65%) of her regular weekly earnings, and the sum of her weekly Employment Insurance Pregnancy Benefits during her leave, and any other earnings. Such payment shall commence following completion of the two (2) week Employment Insurance waiting period, and receipt by the Employer of the employee's Employment Insurance cheque stub as proof that she is in receipt of Employment Insurance Pregnancy Benefits, and shall continue, while the employee is in receipt of such benefits, for a maximum period of fifteen (15) weeks for a 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. (b) Parental Leave (i) Parental Leave will be granted in accordance with the provisions of the Employment Standards Act, except where amended in this Agreement. 20

23 (ii) An employee who is on Parental Leave, as provided under this Agreement, and who is in receipt of Employment Insurance Pregnancy Benefits pursuant to Section 22 of the Employment Insurance Act, 1996, shall be paid a supplemental unemployment benefit. That benefit will be equivalent to the difference between sixty-five percent (65%) of their regular weekly earnings, and the sum of their weekly Employment Insurance Pregnancy Benefits during their leave, and any other earnings. Such payment shall commence following completion of the two week Employment Insurance waiting period, and receipt by the Employer of the employee's Employment Insurance cheque stub as proof that they are in receipt of Employment Insurance Parental Benefits, and shall continue while the employee is in receipt of such benefits, for a maximum period of fifteen (15) weeks for a Parental Leave. The employee's regular weekly earnings shall be determined by multiplying their regular hourly rate on their last day worked prior to the commencement of the leave, times their normal weekly hours. (c) Employees are eligible to receive SUB benefits for a maximum period of seventeen (17) weeks, including the one (1), two (2) week mandatory waiting period, while on Pregnancy and/or Parental Leave. (d) (e) During the leaves expressed above, an employee shall continue to accumulate seniority, vacation and sick leave. The Employer is also obliged to continue making all contributions to health and welfare plans and pension plans. Upon return from leave(s) under this Article, an employee shall be reinstated to his or her job at the applicable rate Leave for Union Work An employee who has been selected by the Union to attend Union conventions or conferences shall be granted a Leave of Absence without pay for this purpose. The Union will inform the Employer of the names of such delegates, as far in advance as possible, and, in any case, fifteen (15) working days in advance. Such leave(s) shall be limited to twenty (20) working days per year (a) The Employer shall grant an employee Leave of Absence without pay of not more than one (1) year to work in an official capacity, other than the two (2) elected officer positions (President and 1st Vice President/Treasurer), for the Union to which the local is affiliated. The employee must request the leave in writing, and the Union must approve it. This leave may be extended for an additional one (1) year period. (b) The Employer shall grant an employee Leave of Absence without pay of not more than two (2) years to work in an official capacity in the two (2) elected officer positions (President and 1st Vice President/Treasurer), for the Union 21