Agreement. Collective CJSEFPO OPSEU. Guelph Independent Living. between. Ontario Public Service Employees Union on behalf of its Local 203

Transcription

1 Collective Agreement between Ontario Public Service Employees Union on behalf of its Local 203 and Guelph Independent Living DURATION: January 1, March 31, 2017 OPSEU CJSEFPO Sector

2 TABLE OF CONTENTS ARTICLE1 - PURPOSE... 1 ARTICLE 2 - RECOGNITION... 1 ARTICLE 3 - NO DISCRIMINATION... 2 ARTICLE 4 - MANAGEMENT RIGHTS... 2 ARTICLE 5 - DUES DEDUCTION... 3 ARTICLE 6 - UNION REPRESENTATION ARTICLE 7 - OCCUPATIONAL HEALTH AND SAFETY... 6 ARTICLE 8 - NO STRIKE OR LOCK -OUTS... 6 ARTICLE 9 - GRIEVANCE PROCEDURE... 6 ARTICLE 10 - ARBITRATION... 8 ARTICLE 11 - PERSONNEL FILE... 9 ARTICLE 12 - SENIORITY ARTICLE 13- POSTING AND FILLING OF VACANCIES ARTICLE 14 - ] OB SECURITY -LAYOFF AND RECALL ARTICLE 15 - SCHEDULING, HOURS OF WORK AND OVERTIME. 16 ARTICLE 16 - LEAVES of ABSENCE ARTICLE 17 - WAGES ARTICLE 18 - PUBLIC HOLIDAYS ARTICLE 19 - VACATIONS ARTICLE 20 - SICK LEAVE ARTICLE 21- INSURED BENEFITS ARTICLE 22 - RRSP Contribution Plan... 28

3 11 ARTICLE 23 - PERSONAL VEHICLE EXPENSES ARTICLE 24 - GENERAL ARTICLE 25 - DURATION Schedule" A" - Wages RegardingHousing Personnel InfectionControl Training Ministry -Funded PSS Wage Enhancement... 36

4 1 ARTICLE 1 - PURPOSE It is agreed and understood that the key objective of the parties is to fulfil the mission of Guelph Independent Living. The general purpose of this Agreement is to establish and maintain collective bargaining relations between the Employer and its employees and to establish and maintain mutually satisfactory working conditions, hours of work, and wages and to provide procedures for the prompt and equitable disposition of grievances for all employees who are subject to the provisions of this Agreement. ARTICLE 2 - RECOGNITION The Employer recognizes the Union as the sole bargaining agent of all employees of Guelph Independent Living in the City of Guelph, save and except Coordinators, persons above the rank of Coordinator, office and clerical staff Definitions Emp/oyer" shall mean Guelph Independent Living. Full -- time Employee"" shall mean an employee who has passed probation and is regularly scheduled to 30 hours or more, but not more than 40 hours per week. Part-time Employee"" shall mean an employee who has passed probation and is regularly scheduled to work less than 30 hours per week. Casual Employee" shall mean an employee who is called into work or scheduled on an as needed and irregular basis, who may refuse the work offered. Day(s)" business days. shall mean calendar days, unless otherwise specified to mean Business Day(s)" shall mean a regular week day, Monday to Friday, and does not include paid holidays as set forth herein. All references to the feminine gender in this Agreement shall also be read in the masculine gender and vice versa, wherever the context requires.

5 2 ARTICLE 3 - NO DISCRIMINATION The Employer and the Union agree that there will be no intimidation, harassment, discrimination, interference, restraint or coercion exercised or practised by either parry or its representatives or members because of any employee' s membership or non -membership or activity in the Union The Employer, employees and the Union agree to conduct their affairs in accordance with the Ontario Human Rights Code and agree that there shall be no discrimination, restraint, intimidation, harassment or coercion practised or permitted by the Employer or the Union or any of their representatives against any employee because of sex, sexual orientation, age, marital status, family status, handicap, record of offences, race, colour, creed, criminal record, national or ethnic origin, ancestry, citizenship or political opinion There shall be no non -Human Rights Code based harassment exercised or practised against any employee The parties acknowledge their duty to accommodate employees in accordance with the Human Rights Code, and agree that the Employer shall involve the Union in the return to work and accommodation process. ARTICLE 4 - MANAGEMENT RIGHTS The Union acknowledges it is the exclusive function of the Employer to: a) Maintain order, discipline and efficiency; b) Hire, assign duties, transfers, promote, demote, classify, layoff, recall, discharge 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; c) Determine the classifications, hours of work, work assignments, standards of performance, occupational requirements and methods of doing the work d) To plan, direct and control the operations, including but not limited to their locations, extend and type of operation, the number of personnel required, services to be performed, and the methods, procedures and equipment to be used in connection there with.

6 The Employer agrees that it will not exercise its functions in a manner inconsistent with the provisions of this Agreement. A claim that the Employer has exercised its functions in a manner inconsistent with the provisions of the Collective Agreement may be the subject matter of a grievance and dealt with as hereinafter provided The Employer shall deduct from each month' s pay of each employee, starting with the pay period nearest to the effective date of this agreement, an amount equivalent to such union dues as may be designated by the Union from time to time. In addition, the Employer shall deduct union dues from any retroactive wage payments. The Employer agrees that it will remit the total amount of such deductions to the Director of Financial Administration of the Union, 100 Lesmill Road, North York, Ontario, not later than the 15th day of each month following the month that deductions were made. The remittance shall be accompanied by a list of names and employee numbers of those employees for whom deductions have been made. The list shall clearly indicate changes in employment status for promotion, demotion, termination and leaves of absence The Employer agrees to give each person in the bargaining unit a T-4 slip for income tax purposes showing the amount of dues deducted and shall give it to each person in the bargaining unit on time for inclusion in their income tax return The Union will advise the Employer in writing of the amount of its regular dues. The amounts specified 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 group of employees arising out of the deduction of union dues as herein provided. ARTICLE 6 - UNION REPRESENTATION The Employer agrees to recognize Union Stewards elected or appointed from among the employees in the bargaining unit. The Union will endeavour to have representation on all shifts and in all programs The duty of the stewards shall be to represent employee( s) and to process

7 w grievances or complaints as outlined in the grievance procedure of this Agreement The Union will inform the Employer, in writing, of the names of the stewards and of any subsequent changes and the Employer will not be required to recognize such stewards until notification from the Union has been received The Union acknowledges that the stewards have regular duties to perform on behalf of the Employer. Such persons shall not leave their regular duties without receiving permission from their supervisor. Such permission shall not be withheld unreasonably a) Meetings involving grievances or complaints shall be at times and places agreed to between the Union and the Employer. b) A grievor, or an employee whose participation is necessary at a meeting arranged between the Employer and the Union who attends such a meeting during his/ her normal working hours shall be paid at his/ her regular earnings for the period of time to prepare for and attend the meeting. This section will also apply to the Union Steward who is authorized to represent the grievor. C) When the Employer requires the employee to meet at a time that is not considered their regular working hours, that employee shall be paid at straight time for the duration of the meeting When discipline is imposed, an employee is entitled to be represented by a Union steward of their choice. In any event, the meeting will take place within three ( 3) days of the Employer's notification to the employee that a meeting is requested Negotiating Committee a) The Employer agrees to recognize the negotiating committee comprised of a Union staff person plus four ( 4) representatives, who have completed their probationary period, who shall be elected or appointed from amongst the employees in the bargaining unit for the purpose of negotiating the Agreement or its renewal. For regularly scheduled time spent in negotiations, the employee' s regular wages, up to a maximum of 40 hours, credits and applicable benefits shall be maintained by the Employer Employer/ Employee Relations Committee a) It is agreed that a joint committee will be established with three ( 3) representatives from each of the parties, with at least one ( 1)

8 5 member of the Union Executive and one ( 1) of the Employer committee being a member of the Senior Leadership Team. b) The committee shall meet at the request of either party to discuss matters of concern at a mutually -agreed time and place. Each party shall notify the other party of the proposed agenda items at least 7 days in advance of the meeting. The chairperson of the committee shall be selected by the Employer for the first meeting during the term of this Collective Agreement and thereafter shall alternate between a Union member and an Employer member. C) The purpose of the Employer/ Employee Relations Committee is to discuss items of concern to management or employees. The committee shall not have the power to alter, amend or modify the specific terms of the Agreement. d) Employees serving on the Employer -Employee Relations Committee shall not lose regular earnings for time spent attending meetings of the Committee, including reasonable preparation time, not to exceed thirty (30) minutes prior to each meeting The Union may request the presence of a representative from OPSEU to assist in matters dealt with in this Agreement. When the presence of an OPSEU representative is requested, the Manager, Human Resources, or designate shall be notified prior to the visit All correspondence between the parties shall pass between the local Union President or designate and the Manager, Human Resources or designate Copies of the Agreement The Employer and the Union desire all parties to be familiar with the provisions of this Agreement and the rights and obligations under it. For this reason, the parties shall share equally the cost of printing and distribute sufficient copies of this Agreement to all parties. Where required the parties shall co- operate in making the agreement accessible to employees in alternative formats or languages A new employee will have the opportunity to meet with a representative of the Union in the employ of the Employer for a period of up to 15 minutes during the employee's orientation period without loss of regular earnings. The employee will be given a copy of the Collective Agreement.

9 6. 13 Bulletin Board The Employer will provide bulletin boards at each worksite for the purpose of posting notices regarding meetings and other matters of Union business. Notices must be approved by the Union Local President and shall be copied to the Employer. ARTICLE 7 - OCCUPATIONAL HEALTH AND SAFETY The Employer agrees to establish and maintain one Joint Health and Safety Committee in accordance with the provisions of The Occupational Health and Safety Act RSO, The Committee shall be comprised of at least three 3) representatives from the Union and three ( 3) representatives from the Employer. Time off shall be granted as provided in the OHSA, RSO The Employer shall make reasonable provisions for the safety and health of its employees during the hours of their employment. It is agreed that both the Employer and the Union shall co- operate to the fullest extent possible in the prevention of accidents and in the reasonable promotion of safety and health of all employees The Employer will provide all safety clothing, equipment required and pay for all monitoring and testing, as provided in the OHSA RSO, ARTICLE 8 - NO STRIKE OR LOCK -OUTS There shall be no strikes or lock -outs for the term of this agreement as provided in the Hospital Labour Disputes Arbitration Act. ARTICLE 9 - GRIEVANCE PROCEDURE Any dispute involving the application, interpretation, administration, or alleged violation. of this Agreement, including any question as to whether a matter is arbitrable or a case where the Employer has acted unjustly, improperly or unreasonably, may be made the subject of a grievance and an earnest effort shall be made to settle such a grievance as quickly as possible It is the mutual desire of the parties hereto that complaints of employees shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until she has first given her immediate supervisor the opportunity of adjusting her complaint. Such complaint shall be discussed with her immediate supervisor within ten ( 10) -days of becoming

10 aware of the grievance. If the complaint is not settled, it shall be taken up as a grievance within five ( 5) days of the discussion in the following manner and sequence Stage 1 The employee may file a grievance in writing with the immediate Supervisor. The written grievance, signed by the employee, shall state the nature of the grievance and the re -dress sought. The immediate Supervisor shall give the grievor her decision in writing within five ( 5) days of the submission of the grievance Stage 2 If the grievance is not resolved at Stage 1, the grievor may submit the grievance to the Manager, Human Resources or designate, who shall hold a meeting with the grievor and her union representative at a mutually agreeable time within fifteen ( 15) days of receipt of the request. The Manager, Human Resources shall deliver her decision in writing within five ( 5) days of the meeting. If the grievance is not resolved at Stage 2, the grievor may submit her grievance to arbitration as set out below Dismissal Grievance A claim by an employee who has been discharged or suspended from employ, that the discharge or suspension was without just cause, shall be treated as a grievance if the written statement is lodged with the Employer within ten ( 10) days of the discharge or suspension. Such grievance shall commence at Stage 2 of the grievance procedure as herein provided; such grievance may be settled by confirming the Employer's action in discharging or suspending the employee, or by reinstating the employee with appropriate compensation or by any other arrangement which is acceptable to the parties, or, if necessary, an Arbitrator or Board of Arbitration Policy and/ or Group Grievances Where a dispute involving a question of general application or interpretation occurs, or where a group of employees or the Union has a grievance, it may be submitted at Stage Two of the grievance procedure. Such grievances must be submitted within ten ( 10) days after the incident giving rise to the grievance Time limits referred to in the grievance procedure and arbitration procedure may be extended by mutual agreement if specified in writing In this Article and Article 10 the term days shall mean business days as defined under Article

11 9. 09 The employee has the right to be accompanied and represented by a Union representative at all meetings in the grievance/ arbitration procedure. ARTICLE 10 - ARBITRATION Where a grievance which has not been resolved through the grievance procedure is referred to arbitration, the following shall apply: a) The parry referring the grievance shall give written notice to the other party not later than twenty ( 20) days after the response from Stage 2 that it intends to refer the matter to arbitration, giving the name and address of the proposed arbitrator. b) Within ten ( 10) days after receiving such notice, the other party shall respond by agreeing to the arbitrator or proposing an alternative( s) Arbitrator(s). C) Failing agreement within fifteen ( 15) days of such time as may be agreed by the parties, an appointment may be made by the Office of Arbitration at the request of either party. The single Arbitrator shall be bound by all clauses in Article 10 in the same manner as an Arbitration Board. d) The parties, prior to applying for expedited arbitration under section 46 of the Ontario Labour Relations Act, RSO 1990 shall attempt to reach an agreement on a chairperson. If a chairperson is not agreed upon within fifteen ( 15) days of the notification that arbitration is being sought, either party may apply for a chairperson under the Act Employees who are summonsed or subpoenaed and whose attendance is required at arbitration hearings shall receive permission to be absent from work without pay a) By mutual agreement, the parties may elect to have a tri -partite board hear the matter in dispute instead of a single arbitrator. In such case, the party wishing to submit the issue to arbitration should indicate, in its notice of intent to arbitrate, that it would like the matter heard by a tri -partite board of arbitration. The recipient of the notice shall inform the other party within five ( 5) days of receipt of the notice if it is agreeable or not to the matter being heard by a tri -partite board. If so, the parties shall use the following procedure. b) Within ten ( 10) days after receiving such notice, the other party shall

12 M respond by indicating the name and address of its nominee to the Arbitration Board. C) The two nominees shall, within five ( 5) days after the receipt of the appointment of the second of them, appoint a third person who shall be the chairman of the Arbitration Board. d) If the recipient fails to name a nominee or if the two nominees fail to agree on a chairman, an appointment may be made by the Office of Arbitration at the request of either party The Arbitration Board shall be governed by the following provisions: a) The Arbitration Board shall hear and determine the grievance and issue a decision which is final and binding on the parties and upon any employee affected by it. b) The decision of the majority is the decision of the Arbitration Board, but if there is no majority, the decision of the chairman governs. C) Each party shall pay one- half ( 1/ 2) of the remuneration and expenses of the chairman of the Arbitration Board. d) The Board shall determine its own procedure but shall give full opportunity to all parties to ' present evidence and make representations. e) Each of the parties hereto shall bear the expense of its own nominee In no event shall the arbitrator or the Arbitration Board have the power to alter or amend this Agreement in any respect. ARTICLE 11 - PERSONNEL FILE a) With reasonable advance notice, at a time and location to be mutually agreed, an employee may review her personnel file in the presence of a Manager, or the Executive Director, or designate. b) No material may be removed from the file, but the Employee may request one copy of any piece of requested material contained in her personnel file.

13 Discipline notices shall be removed from the Employee' s file after a twentyfour ( 24) month period free of related discipline. Discipline shall be provided in writing to the Employee, with a copy provided to the Union and a placed in the Employee file. copy The Employer will not rely on or refer to adverse comments on a performance appraisal if subsequent appraisals show the problem has been corrected a) If an employee objects to any aspect of her performance appraisal, the employee may attach a statement to the document detailing the reasons for her objection( s) and/ or file a grievance at Stage 2 of the grievance procedure. b) A copy of each performance appraisal, including attachments if any, shall be given to an employee and a copy shall be placed in her file. C) The Employer shall provide an employee with written reasons for any disciplinary action. Any reply by the employee shall become part of the employee' s personnel file. ARTICLE 12 - SENIORITY a) Seniority as referred to in this agreement shall mean length of continuous service in the bargaining unit from the last date of hire in the employ of the Employer and shall be on a bargaining unit -wide basis. b) Full- time employees shall accumulate seniority on the basis of years, months, and days of employment. Part- time employees shall accumulate seniority on the basis of the number of hours worked. C) For the purposes of seniority, an employee whose status is changed from full- time to part-time shall receive credit for seniority on the basis of 1750 hours worked for each year of full- time seniority. d) An employee whose status is changed from part- time to full- time shall receive credit for seniority on the basis of one ( 1) year for each 1500 hours worked Seniority lists will be maintained and posted on the union bulletin boards. The lists shall be updated every three ( 3) months and a copy of each list shall be supplied to the Union at the time of initial posting and subsequent revision.

14 Where an employee moves from full- time status to part-time status or vice - versa, she shall retain the accumulated seniority hours attained at the date of transfer Probationary Employee All new employees shall be hired on a probationary basis for a period of three 3) calendar months and 240 hours of work. The probationary period shall not exceed six ( 6) months. The standard of just cause for probationary employees shall not apply to their discipline or discharge during the probationary period. The rate increase contemplated at Step 2 of Schedule " A" to this Agreement does not take effect until all requirements are met. Where the employee' s failure to meet all requirements within the expected time frame as set out in this Agreement is due to the Employer's actions or the Employer' s inability to reasonably facilitate the necessary requirements being met, the rate increase will begin as at the end of three ( 3) months and two hundred forty ( 240) hours of work, with the expectation that the employee must complete the next available training offered by the Employer. Where this is the case, the rate increase will be paid as a retroactive lump sum upon completion of the necessary training Accumulation of Seniority Seniority shall continue to accumulate during the entire period of any maternity and parental leave or Union leave Loss of Seniority and Termination of Employment Continuity of service shall be considered broken and employment terminated if the employee: a) resigns or retires; b) is discharged ( and the discharge is not reversed through the grievance arbitration procedure); C) fails to report to work at the expiration of a leave of absence unless a reason satisfactory to the Employer is given; d) fails to notify in writing the Employer of the employee' s intentions within five ( 5) business days and fails to report for work within ten 10) business days after issuance of notice of recall by registered mail to the employee's last address on record with the Employer;

15 12 e) is absent from work for three consecutive scheduled days without providing a reason satisfactory to the Employer; f) is laid off for a period in excess of 24 months; g) uses a leave of absence for a purpose other than that for which it was granted; h) It shall be the responsibility of the employee to keep the Employer informed of the employee' s current contact information, including address, preferred telephone number and address. If any employee fails to do this, the Employer will not be responsible for a failure of a notice to reach an employee. i) Casual employee who refuses shifts such that she- works less than two ( 2) shifts per month for two ( 2) consecutive months, unless on an approved leave -of -absence by the Employer If any provision of this Article 12 is found to conflict with the Human Rights Code, the parties shall be bound by the Code and shall amend this Article to the extent required. ARTICLE 13- POSTING AND FILLING OF VACANCIES In all cases of posting and filling of Bargaining Unit vacancies ( other than Seniors programs), the Employer shall select the senior qualified candidate from among the applicants who are able to perform the normal requirements of the posted position In the filling of vacancies in the Seniors' programs, such vacancies will be filled primarily based on qualifications and an interview process. Seniority shall be the determining factor in deciding between applicants where the qualifications are considered equal. The term " qualifications" shall mean such factors relating to job performance as skill, competence, ability, training, experience, education and general work record with the Agency The posting shall be placed on all Union bulletin boards, circulated electronically to all employees who furnish an address to Human Resources, and a copy provided to the Union at the same time. The posting shall contain: i) the job title and a brief description of the nature of the job ii) the location of the position

16 13 iii) iv) the reporting line and supervisor the hours of work and applicable wage grid for the job v) the qualifications and experience required to perform the job vi) permanent or temporary status The posting shall clearly indicate the deadline date for application and person to whom applications shall be made. Applicants shall- provide the identified person with their resume, if requested, within the posting period. The posting period shall be for not less than 10 calendar days from date of posting After the posting period, the Employer shall notify the senior qualified candidate( s) and shall notify all other candidates in writing that they have not been selected. The Union shall be provided with a list of all the names of the successful and unsuccessful candidates When the new position involves moving to full time, transfer to new program or shift change, the successful candidate shall be placed on a three month trial period. During the trial period, assistance will be provided to the employee to become familiar with the position. During the trial period, the employee may elect or the Employer may decide that the employee shall return to her previous position. In such a situation, any employee( s) who have backfilled positions shall also be returned to their previous positions, unless otherwise agreed by the parties. but will not The Employer may advertise externally at the time of posting, consider any external applicants unless no employees apply, or it is determined that none of the internal applicants qualify for the job posted The Employer need not consider the successful applicant for other vacancies or postings for a the new position. period of twelve ( 12) months after the employee begins in The Employer agrees to give two ( 2) weeks written notice, unless not operationally possible, to employees who are transferred by the Employer Temporary Vacancies A temporary vacancy is duration, resulting from approved leave. one that is expected to be more than 2 months absence due to illness or an absence due to an

17 14 a) Postings for such vacancies under Article shall be for no less than 5 business days and selection shall take place within 5 business days of the expiry of the posting. b) The trial period provided in shall not apply in the case of temporary vacancies of less than 6 months duration. C) All other conditions of Article 13 shall apply. d) On expiry of the temporary vacancy, the employee shall return to their former position with no loss of entitlements to increments etc. ARTICLE 14 - JOB SECURITY -LAYOFF AND RECALL A layoff is defined as a reduction in the regular hours of a position, reduction in the number of bargaining unit employees, or the elimination of one or more bargaining unit positions which are occupied by employees at the time of elimination For the purpose of layoff there shall be two ( 2) separate and distinct employee categories: i) Full Time Employee ii) Part Time Employee a) Layoffs shall be carried out by reverse order of seniority, provided that the senior employees are able to perform the normal requirements of the work. b) In the case of a reduction of regular hours in excess of 4 hours per week, the employee has the option of accepting the reduced hours rather than exercising their bumping rights or accepting the layoff. C) An employee may choose layoff rather than exercising their bumping rights. If an employee chooses to waive their right to bump, the bumping process ceases and the employee would be placed on the recall list. d) If a Full Time employee is laid off they shall have the right to bump into the position of the least senior Full Time employee ( at equal or lesser hours per week) provided they are able to perform the normal requirements of the work. The least senior Full Time employee can

18 15 then, if they wish, displace a Part time employee who has less seniority than them. e) A Part Time employee who is laid off or displaced shall have the right to bump into the position of an employee who has less seniority and equal or lesser hours per week than them A copy of any notice of lay off to an employee will be provided to the Union at the same time The Employer will meet with the Union to review and discuss the following: a) the reason causing the layoff; b) the service( s) the Employer will undertake after the layoffs; C) the method of implementation, including the areas of cut back and employees to be laid off Temoorary 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 Employees who are laid off shall be placed on a recall list and shall retain, but not accrue seniority for 24 months The Employer shall recall employees from the recall list, in order of seniority, to vacant bargaining unit positions provided the employees are able to perform the normal requirements of the work. Notice of recall shall be sent by registered mail to the last known address of the employee, who shall respond to the recall notice within seven ( 7) days An employee who accepts recall and is 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 her former position No new employee shall be hired until those laid off and placed on the recall list have had the opportunity to be recalled Government Programs The Employer agrees that no bargaining unit employee shall be laid off as a

19 16 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 No Contracting Out There will be no contracting out of work done by the bargaining unit without the mutual consent of the Employer and the Union. In temporary situations where no employees are available to meet client/tenant requirements, the Employer will notify the Union and the parties will negotiate the need to contract services to deal with the temporary staffing shortage. The Union agrees that their consent will not be unreasonably withheld Work of the Bargaining Unit Employees not covered by the terms of this Agreement will not perform duties normally assigned to Bargaining Unit employees, except for the purposes of instruction or in emergencies Reorganization or Restructuring In the event of reorganization or restructuring, which may have potential adverse effects upon employees in the bargaining unit, the Employer shall notify the Union of such plans as far in advance as practical, and an EERC meeting shall be held for the purpose of sharing the rationale and implications of the reorganization/ restructuring and to discuss possible ways of minimizing the impact, including: a) identifying and proposing alternatives to any Employer may be considering; action that the b) identifying and seeking ways to address retraining needs of employees affected. ARTICLE 15 - SCHEDULING, HOURS OF WORK AND OVERTIME It is agreed and understood that the Employer is a continuous, 24 hours a day, 7 days a week operation and that services must be maintained. Nothing in this Article is a guarantee to work overtime, but it is agreed that employees will be paid for overtime work as outlined in the remainder of this Article Shift schedules will be established by the Employer consistent with an efficient operation and highest standard of service. Schedules may vary depending on situations which exist throughout the Employer's operation, the Employer will endeavour to maintain employees' scheduled hours within each

20 17 employee' s regular schedule. However, the Employer may, require an employee to work in excess of his or her daily or weekly hours. on occasion, Where the Employer requires an employee to work hours in excess of his or her daily or weekly hours, Article and Article shall apply. Schedules will be posted at least fourteen ( 14) days in advance. If, for unforeseen circumstances, the Employer is unable to post the schedule on time the Employer will notify employees as soon as practicable The regularly assigned hours for employees shall be as follows: a) A Full- time employee shall be regularly scheduled between thirty (30) and forty (40) hours per week; b) A Part-time employee shall be regularly scheduled less than thirty 30) hours per week. C) Outreach workers will have meal breaks implemented into their daily schedules and reflected on their Route Sheets Prior to the shift schedule being finalized, awarded based on seniority: available shifts are offered and a) First, to the Full- time and Part-time employees by seniority based on stated availability; b) Second, to Casual employees based on seniority availability. and stated Once the schedule has been posted, employees will have four ( 4) business days to contact the scheduler or designate via or telephone ( including voic ) to indicate their interest and availability with respect to any remaining vacant shifts. The scheduler or designate will, then award the remaining vacant shifts according to seniority, recognizing that the Employer will not normally schedule overtime. After 4: 00 p. m. on the fourth ( 4t") business day after the schedule has been posted, all remaining vacant shifts will be available to all employees without regard for seniority, on a first-come first -serve basis, and the Employer will offer vacant shifts as necessary to meet operational and client care requirements When the Employer chooses to assign vacant shifts( s) not currently in a rotation, the Employer will first assign the vacant shift(s) into a current Full -

21 I: Time or Part-time employee rotation based on seniority An employee who is called in to work when not otherwise scheduled will be guaranteed her regular hourly rate for all hours to which she has agreed to work After the final schedule has been posted and there are no vacant shifts on the particular day, employees may switch shifts provided that prior written approval is obtained from the applicable supervisor and it does not result in overtime or violate the Employment Standards Act, 2000 ( ESA). Such approval is not to be unreasonably withheld Overtime An employee who works beyond the greater of: a) their scheduled work day; or b) ten ( 10) hours, in any one day or forty-four ( 44) hours in one week, shall be entitled to be paid overtime at the rate of time and a half ( 11/ 2) their regular rate of pay for any hours worked in excess of the overtime threshold as determined by this Article. Overtime must be approved by the supervisor in advance ( emergencies excepted). Time spent in training outside of the employee' s regular scheduled work week shall not be considered as hours worked for the purposes of calculating overtime entitlement Split shifts are voluntary not mandatory, and employees will not be scheduled split shifts unless there is mutual agreement. Notwithstanding Article , should an employee volunteer to work an extra shift in a day and their hours of work do not go beyond thirteen ( 13), there shall be no payment for overtime for that day Outreach Client Cancellations a) In the event of same day or advanced cancellations, the employee will be offered relief coverage during the cancellation time if possible. The offer of available work could be in other attendant service programs. If the employee declines the offered work, the cancellation time will not be paid. b) If cancelled hours are not replaced through relief coverage or training, the employee( s) will be paid whichever is higher

22 19 i) 75% of the daily scheduled hours ii) 90% of the weekly scheduled hours C) CCAC funded University of Guelph clients cancelled hours will only be paid as per b) above during weekdays for the regular school semesters for September December & January April, excluding exam dates and school vacation times Notwithstanding any other provision in this Agreement, the Employer agrees that it will only schedule employees to work one of Christmas or New Year' s where those holidays are defined as: Christmas: New Year' s: Christmas Day Boxing Day New Year' s Eve New Year' s Day Employees will have their selection of holiday to work ( either Christmas or New Year' s) granted by seniority, provided that such selection does not affect the Employer's ability to maintain its efficient operation and the highest standard of service. Employees must submit their selection with respect to which holiday ( Christmas or New Year's) they wish to work by no later than November 1 of that year; to that end, the Employer will post a sign- up sheet for this holiday period by no later than October 15 which will remain up until November 1. The Employer will not unreasonably deny any employee' s selection. Nothing in this Article prevents employees from arranging shift exchanges amongst themselves after the Holiday Schedule has been distributed, and provided that all exchanges take place in accordance with the provisions of this Agreement and the Employer's regular practices. ARTICLE 16 - LEAVES of ABSENCE Subject to the terms of the benefit plans, an employee shall be allowed to continue enrolment in Group Health Benefits and Insurance Plan at the Employer's expense while on any of the leaves protected by the Employment Standards Act, 2000C' ESA1. The employee must be responsible for payment of their own long- term disability premiums while on the above leaves. Any time an employee requests an unpaid leave that does not fall under the protection of the ESA they will be advised that they cannot maintain their

23 20 current group coverage during his/ her unpaid leave. At that time the employee will also be provided with information related to the current cost(s) of their group benefit enrolment for comparison purposes Union Leave a) The Employer shall grant leave of absence without pay to attend Union functions provided that this leave does not unduly interfere with the operations of the Employer. Such leave will not be unreasonably withheld. In requesting such leave -of -absence for an employee( s), the Union must give at least ten ( 10) business days notice in writing to the Employer. During such leave -of -absence, the employee' s salary and benefits shall be maintained by the Employer. The Union shall reimburse the Employer for the salary and benefits paid to the employee( s) during such leave -of -absence. b) Leave for Executive Board Members: Full Time Position When an employee is elected or appointed to a full- time position with OPSEU, the Employer shall grant a leave of absence without pay and continuation of benefit coverage paid by OPSEU and without loss of seniority for the duration of such leave. At the end of the assignment, the employee shall, upon four ( 4) weeks' notice be returned to the position held immediately prior to the commencement of the leave or to a comparable position with no decrease in pay should the original position be eliminated. C) Leave of absence with no loss of pay and with no loss of credits shall be granted to an employee elected as an Executive Board Member of the Union. The Union will reimburse the Employer for the salary and benefits paid to the employee Personal Leave The Employer may grant a leave of absence without pay for personal reasons. The employee will request the leave, in writing to the immediate supervisor, at least six ( 6) weeks in advance for foreseeable events and as soon as possible for unforeseeable events, stating the reason and duration for the leave. All earned vacation time and/ or lieu time must be taken before the leave commences. Requests for such personal leaves shall not be unreasonably denied Educational Leave At the discretion of the Employer, a leave of absence with or without pay for the purpose of education, skill development or upgrading may be granted. Seniority shall accumulate during paid educational leave( s). When the

24 21 Employer initiates an Educational leave, all course related expenses will be reimbursed upon successful completion of the course Bereavement Leave An employee who would otherwise have been at work shall be entitled.to: a) up to five ( 5) consecutive working days' absence with pay in the event of the death of his spouse, child or parent. b) up to three ( 3) days' consecutive working days' absence with pay in the event of the death of a brother, sister, mother-in- law, father-inlaw, brother- in- law, sister- in- law, son- in- law, daughter- in- law, step- child, grandparent or grandchild. C) In the event of the death of any other relative, time off with pay shall be granted, not to exceed one ( 1) day, for the purpose of attending the funeral. The employee must obtain approval from her supervisor prior to the leave. d) If the employee requires additional time off, he may arrange with his supervisor for vacation, lieu time or leave without pay. e) Notices of bereavement may be requested at the discretion of the immediate supervisor Jury Duty and Witness Leave a) If an employee is called for jury duty and serves as a member of a jury, the Employer will make up the difference between the jury duty pay received and his earnings for regular hours for the period of absence. b) An employee who is subpoenaed or summoned to a tribunal or a judicial proceeding will be compensated for loss of regular earnings from employment less any witness fees received. C) Reimbursement under this Article shall be subject to the employee providing appropriate court documentation regarding Jury Duty pay or Witness Fees received Preanancv, Adoution and Parental Leaves i) Pregnancy Leave The Employer shall grant an employee a pregnancy leave of up to seventeen ( 17) weeks without pay and without loss of seniority upon reasonable written notice provided that:

25 22 a) such employee has completed thirteen ( 13) weeks of continuous service prior to the starting time of such leave; b) such written request is made at least two ( 2) weeks prior to the proposed starting date of the leave. This notice requirement shall be waived in the event of pregnancy complications, premature birth or adoption. ii) Parental Leave The Employer shall grant an employee who is the birth mother, a parental leave of up to thirty-five ( 35) weeks without pay and without loss of seniority providing the conditions listed above are met. Any other parent, shall be granted up to thirty-seven ( 37) weeks without pay and without loss of seniority providing the conditions listed above are met. iii) Subject to any changes to the employee's status which would have occurred had he or she not been on parental leave, the employee shall be reinstated to her former duties, on the same shift in the same department, and at the same rate of pay. iv) During the above listed leaves, the employee' s insured benefit coverage shall continue and vacation credits shall accumulate. If the leave of absence is extended beyond fifty-two ( 52) weeks by the employee, the employee may choose to continue benefit coverage for the period of the extension at their own expense Leave - Pension Trustees a) Union Trustees of the OPSEU Pension Plan shall be granted leave of absence without pay and without loss of credits to attend trustee and committee meetings. Leave of absence under this article shall include reasonable travel time. b) The Union will advise the Manager, Human Resources of the names of such employees, immediately following their appointment to the Board of Trustees of the OPSEU Pension Plan. ARTICLE 17 - WAGES The wages will be as set out in Schedule A, attached to and forming part of the collective agreement An employee will automatically progress from one step to the next in the Pay Grid based on hours worked.

26 When a new classification is to be created or an existing classification within the bargaining unit is to be revised, the Employer shall notify the Union and provide all relevant information concerning the proposed new or changed classification. The parties shall meet within thirty ( 30) days to negotiate the pay rate for the new or revised classification. Should no agreement be reached between the parties -then the Employer will set the pay rate for the new or revised classification subject to the right of the parties to have the rate determined by arbitration Where practical, an employee unable through pregnancy, illness or injury, to perform their normal duties shall be provided with alternative suitable employment within the bargaining unit with no reduction in wages. ARTICLE 18 - PUBLIC HOLIDAYS a) The public holidays recognized by the Employer will be as follows: New Year' s Day Family Day Good Friday Victoria Day Canada Day Labour Day Thanksgiving Day Christmas Day Boxing Day b) In addition, two ( 2) floating holidays will be granted to all full- time and part-time employees in each fiscal ( April 1st - March 31st) year to be taken at a time mutually agreed upon. Such agreement shall not be unreasonably withheld. C) Any other day proclaimed by the Federal or Provincial Government as a Public holiday will be granted as a paid holiday, replacing one of the two ( 2) floating holidays. d) Payment for the above holidays shall be based on- the employee' s previous four (4) weeks divided by If any of the above holidays fall or are observed during an employee' s vacation or on a scheduled day off, the employee shall receive another day off with pay An employee required to work on any of the above- mentioned public holidays shall be paid for that day and for all work performed at one and one- half 11/ 2) times the regular hourly rate for all normal hours of work on that day.

27 24 An employee who works on a public holiday may request a substitute day off without pay for the holiday worked In order to be entitled to payment for statutory holidays,_ an employee must have worked her full scheduled working day immediately proceeding the Public holiday and full scheduled working day immediately following the holiday unless: i) absent on vacation; ii) absent on either of those days and such absence is authorized by the Employer or a medical certificate issued by a qualified physician is presented to the Employer. ARTICLE 19 - VACATIONS Vacation Entitlement a) The vacation entitlement year is the Employer' s fiscal year: April 1 to March 31. b) Employees with less than 1 ( one) year employment at March 31 will receive a vacation payout. On April 1, they will begin to accrue vacation for the next vacation entitlement year. C) Employees are provided with the following vacation earnings and entitlements: Seniority Accrued Annual Paid optional Vacation Vacation Unpaid Earnings Das Vacation Days After 1 year 4% 10 0 After 3 years FTE 6% 10 5 After 4 years 6% 15 0 After 5 years FTE 8% 15 5 After 6 years 8% 20 0 After 15 years 10% 20 5 After 16 years 10% 25 0 After 25 years 12% 25 5 After 26 years 12% Scheduling Vacations Services are provided 24 hours per day/ 7 days a must be consistently maintained. - week and these services

28 25 Where possible, vacations shall be arranged according to the wishes of individual employees, subject to operational requirements. Where a conflict exists in vacation scheduling, seniority shall be the governing factor. The Employer will approve or deny an employee' s vacation request within ten 10) days of the following deadlines: February 15 for time requested in the months of April through September, inclusive; and August 1 for the months of October through March, inclusive. With respect to any vacation requests that are made subsequent to the dates outlined above, the Employer will respond either denying or approving the request within ten ( 10) days. Any special requests for vacation that would otherwise fall within the parameters set out above must be brought to the employee' s Supervisor. Should it be necessary, the Supervisor and/ or the Employer will discuss any special arrangements with the Union. a) A minimum of 2 ( two) weeks vacation is mandatory for all employees who have worked for at least one full vacation entitlement year. Vacation days may be taken in increments of less than one week at the discretion of the supervisor, which shall be subject to operational considerations and shall not be unreasonably withheld. b) All vacation requests ( weeks and single days) must be in writing. C) Employees may be entitled to carry over vacation days unused due to extenuating circumstances. This carry-over will be subject to the Executive Director' s approval, which will be exercised subject to operational requirements and shall not be unreasonably withheld Vacation Payout Options: For full time employees: Accumulated " vacation accrued" at March 31 will be based on the employee' s weeks of entitlement for the previous fiscal year and is paid out at the time of vacation. For part time and casual employees: A " lump sum" vacation payout, based on accumulated " vacation accrued" at March 31, will be paid. This vacation payout will be provided only once each year, within the first 3 ( three) months of the new fiscal year.