Collective Agreement. between. Ontario Public Service Employees Union on behalf of its Local 441. and. Full-Time and Part-Time ,#!\.

Transcription

1 Collective Agreement between Ontario Public Service Employees Union on behalf of its Local 441 and Leeds & Grenville Rehabilitation & Counselling Services Full-Time and Part-Time DURATION: April1, March 31, 2013,#!\. OPSEU 11/L.JsEFPO Sector i I.

2 Uncontrolled copy. of

3 INDEX ARTICLE II PURPOSE.... UNION RECOGNITION.... MANAGEMENT RIGHTS.... NO DISCRIMINATION.... DUES DEDUCTION.... UNION RIGHTS AND ACTIVITIES.... NO STRIKES OR LOCK-OUTS.... GRIEVANCE PROCEDURE.... ARBITRATION.... PERSONNEL FILES.... SENIORITY.... PROBATIONARY EMPLOYEES..... JOB VACANCIES.... LAYOFF AND RECALL..... GENERAL LEA YES OF ABSENCE.... BEREAVEMENT LEAVE.... JURY DUTY AND COURT ATTENDANCE.... UNION LEAVE PREGNANCY/PARENT AU ADOPTION LEAVE.... PRE-PAID LEAVE..... PROFESSIONAL DEVELOPMENT..... SICK LEAVE.... HOURS OF WORK.... OVERTIME.... STATUTORY HOLIDAYS.... VACATIONS.... BENEFITS.... PENSIONS.... SALARIES.... HEALTH & SAFETY.... NO CONTRACTING OUT.... GENERAL II

4 ii ARTICLE 33 PAGE DURATION SCHEDULE "A"- SALARY SCALE LETTER OF UNDERSTANDING- Parity Adjustment LETTER OF UNDERSTANDING -Evening Shift LETTER OF UNDERSTANDING- Night Awake Position LETTER OF UNDERSTANDING- Part-Time Utilization LETTER OF UNDERSTANDING- Compensation LETTER OF AGREEMENT- Alticle 23- Hours of Work LETTER OF INTENT-Alticle 27 -Benefits

5 ARTICLE 1 - Purpose COLLECTIVE AGREEMENT Between Leeds & Grenville Rehabilitation and Counselling Services (hereinafter called the "Employer") And Ontario Public Service Employees Union And its Local 441 (hereinafter called the "Union") 1.01 It is the desire of the Union and the Employer to provide efficient and economical administration and services, both parties agree that for such purposes it is essential to maintain harmonious relations between the Employer and to promote the morale, wellbeing and security of all employees represented by the Union; to provide procedures for dealing with grievances; to promote cooperation, joint discussions and negotiations in all matters pertaining to wages, hours of work and working conditions. ARTICLE 2- Union Recognition 2.01 The Employer recognizes the Union as the exclusive bargaining agent for all employees of Leeds & Grenville Rehabilitation & Counselling Services save and except student and vocational placement workers, Administrative Assistant, Personnel, Accountant, Managers and those above the rank of Manager Regular Full-time Employee: is an employee hired by the Employer in a continuing position and who is regularly scheduled to work thirty-five or thirty-seven and one half (35 or 37.5) hours in a one (1) week period, as appropriate Regular Part-time Employee: is an employee hired by the Employer and who is regularly scheduled to work less than thirty-five (35) hours in a one ( 1) week period and does not include casual staff or those individuals working on a contract basis Casual Employee: is an employee hired by the Employer who is not a regular full-time, regular part-time, contract or temporary employee Contract Employee: is an employee hired to work on a full-time or part-time basis for a specific period and/or a special project not to exceed fourteen (14) months, or for the

6 2 duration of replacement for LTD. However, by mutual Agreement such period may be extended beyond fourteen ( 14) months Temporary Employee: is an employee hired by the Employer for a period of up to sixty calendar (60) days to meet temporary work load requirements which cannot be satisfied by regular hours of work and normal overtime Temporary and contract employees shall be terminated from employment with the Employer when the term, task, or special project for which they were hired has been completed unless the period has been extended by mutual Agreement of the Employer and the Union. Such Agreement shall not be unreasonably withheld by either party Regular full and part-time employees on a temporary assignment or in a contract position will return to their original position prior to the reassignment/contract at the conclusion of the reassignment/contract Protected Employee: is an employee hired to fill a specific position within specific funding requirements and guidelines. Protected employees shall enjoy the full entitlements of the Collective Agreement with the exception of Article 14 (Layoff), for a period of three years at which time their status changes from protected to regular fulltime/part-time Probationary Employee: An employee who has not completed the probationary period in accordance with Article Notwithstanding any other provision of this collective Agreement, part-time, casual, contract and/or temporary employees shall enjoy only the benefits specifically identified for these classes of employees ARTICLE 3- Management Rights 3.01 The Union recognizes and acknowledges that, in the interest of efficient operation and highest standard of service, it is the exclusive function of the Employer to supervise, direct and manage the Employer's operations and without limiting the generality of the foregoing such functions include:

7 3 a) determine the nature and kind of business conducted by the Employer, the kinds and locations of operations, equipment and materials to be used, the methods and techniques of work, the number and types of employees to be employed, job ratings and classifications, hours of work and work schedules and the extension, limitation, curtailment or cessation or any part thereof; b) select, hire, assign, transfer, direct, promote, demote, classify, lay-off and recall employees; c) maintain order, discipline and efficiency and in connection therewith to make, enforce and alter from time to time rules and regulations, policies procedures and practices to be observed by employees, suspend, discharge or otherwise discipline employees; d) exercise any of the rights, powers, functions or authority which the Employer had prior to the signing of this Agreement except as those rights, powers, functions or authorities are specifically modified by this Agreement. e) Have the sole and exclusive jurisdiction over all operations, buildings, machinery and equipment The Employer agrees that it will not exercise its functions in a manner inconsistent with this Agreement. ARTICLE 4 - No Discrimination 4.01 The Union and the Employer agree that there will be no discrimination, interference, restraint, or coercion, exercised or practiced by either of them or their representatives upon any employee because of participation or non-participation in the Union The Employer, employees and the Union agree to conduct their affairs in accordance with the provisions of the Human Rights Code The Union further agrees that there shall be no solicitation of members, collection of dues or other Union activity on the premises of the Employer except as permitted by this Agreement, or specifically authorized in writing by the Employer.

8 ARTICLE 5- Dues Deduction The Employer shall deduct Union dues from the wages of all employees covered by this Agreement The Employer shall forward such deduction to the Union not later than the 15th day of the month following the month in which the deduction was made, accompanied by a list of the names of the employees from whose wages the deductions have been made. The Employer shall provide the Union with a list of new employees and employees who have terminated in the preceding month Dues deductions shall be in the amounts as shall, from time to time, be prescribed by the Secretary/Treasurer of the Union by letter to the Employer The Employer agrees to report annual total Union dues deducted on the employee's T-4 slips Upon the mailing of the dues, the Union agrees to save the Employer harmless from all and any claims and liability which may be made or arise as a result of such deductions and payment. ARTICLE 6- Union Rights and Activities 6.01 Stewards The Employer agrees to recognize not more than four (4) employees as stewards for the purpose of representing employees. Stewards shall be elected by and from amongst employees in the bargaining unit and, once elected, the Union shall notify the Employer in writing of the name of the steward. In the event that a steward's employment with the Employer ends for whatever reason, that individual ceases to be a steward. The steward in attendance during the grievance procedure and the griever shall receive their regular straight time pay for all regularly scheduled working hours lost due to attendance at such grievance meetings with representatives of the Employer.

9 Negotiating Committee The Employer agrees to recognize a negotiating committee consisting of three (3) employees from the bargaining unit, plus the Union Staff Representative for the purpose of amending or renewing the collective Agreement. As soon as possible prior to the commencement of negotiations, the Union will give the Employer written notice of the name of such committee members. Such committee members shall receive their straight time pay for all regularly scheduled working hours lost due to attendance at negotiating meetings with the Employer up to and including conciliation. Upon reference to arbitration, the negotiating committee members shall receive unpaid time off with no loss of credits or benefits for the purpose of attending arbitration hearings. The parties shall endeavour when necessary to schedule meetings outside of regular working hours to facilitate the attendance of a board member Labour/Management Committee a) It is the expressed intent of the parties that a Labour/Management Committee be established to serve as a vehicle for ongoing communication between Unionized staff and management. b) Up to three (3) representatives of each party shall meet once every two (2) months or at the express request of either party. c) Matters of general and mutual interest may be discussed, however, matters that are properly the subject of a grievance or negotiations for the amendment or renewal of this Agreement shall not be discussed. d) Each party shall notify the other of the proposed agenda items in writing one (1) week in advance of the meeting. d) The three (3) committee members shall receive their straight time pay for all regularly scheduled working hours lost due to attendance at Labour/Management Committee meetings with representatives of the Employer that are scheduled during the employee's regularly scheduled working hours.

10 The Union will notify the Employer within one (1) month of Union representative changes, including stewards, committee members and Staff representatives with respect to the appointmenucommittees contained in this Article The Union acknowledges and agrees that stewards and committee members as referred in this Article have regular duties to perform in connection with their employment. Employees shall notify the Chief Executive Officer before leaving the workplace, indicate the approximate length of the absence and advise the Chief Executive Officer up'on their return with respect to meetings covered under the scope of this Article The Employer agrees that the four (4) stewards shall be granted up to two (2) hours meeting time every three (3) months and the employee's schedule will be adjusted accordingly In addition to the above, the Employer shall also recognize a Union Staff Representative who may assist these employees in the discharge of their Union duties An employee shall have the right to request that a Union representative be present at any meeting which is held for disciplinary purposes. Such meeting will only be convened when requested representation is available. The Employer shall also have the right to one additional representative at such meetings The parties shall share equally the costs of printing sufficient copies of this Agreement to provide one (1) to each member of the bargaining unit and management The Employer shall schedule each new employee for an orientation meeting with a Union representative and provide the employee with a copy of this Agreement The Employer will provide bulletin boards for the purpose of posting notices related to job postings and Union business.

11 All correspondence between the parties, arising out of this Agreement or incidental thereto shall pass to and from the Chief Executive Officer, or designate, and the employee's Unit Steward or the Staff Representative of the Union unless otherwise provided herein. ARTICLE 7 - No Strikes or Lockouts 7.01 In view of the orderly procedure established by this Agreement for the settling of disputes and the handling of grievances, as provided in the Ontario Labour Relations Act, as amended, the Union agrees that, during the lifetime of this Agreement, there will be no strike, slowdown or stoppage of or interference with work or service, either complete or partial, and the Employer agrees that there will be no lockout of employees. ARTICLE 8- Grievance Procedure 8.01 Any dispute involving the application, interpretation, administration, or alleged violation of this Agreement, including any question as to whether a matter is arbitrable, may be made the subject of a grievance and an earnest effort shall be made to settle such grievance as quickly as possible An employee who believes he/she has a complaint or a difference shall first discuss the complaint or difference with his/her manager within ten (1 0) working days of first becoming aware of the complaint or difference or ought reasonably to have become aware of the circumstances giving rise thereto If any complaint or difference is not satisfactorily settled by the manager within ten (10) working days of the discussion it may be processed within an additional ten (10) working days in the following manner: 8.04 Step 1 The employee may file a grievance in writing with his/her Manager. The written grievance, signed by the employee shall state the nature of the grievance, the Article or Articles of the Agreement alleged to have been violated and the redress sought Within ten (10) working days of the receipt of the grievance, the Manager will arrange meeting with the grievor and his/her steward.

12 Step 2 If the employee is dissatisfied with the decision of his/her immediate manager, this written grievance, signed by the employee, must be presented to the C.E.O., or his/her designate, by the grievor within ten (10) working days from the date of receipt of the immediate manager's reply in this first step of the grievance procedure. Within ten (10) working days of receipt of the grievance, the C.E.O. or his/her designate, will arrange a meeting, if necessary, with the grievor and his/her steward and the Union's Staff Representative. Within ten (10) working days of this meeting, the C.E.O., his/her designate, shall render a decision in writing Failing satisfactory settlement of the grievance at this stage, the grievance may be submitted for mediation/ arbitration as per Article If the parties fail to reply to a grievance within the time limits set out at any stage in the grievance procedure, the grievance may be submitted to the next stage of the grievance procedure Notwithstanding s.48(16) of the Ontario Labour Relations Act, as amended, the time limits detailed in the grievance and arbitration procedures, unless extended by mutual written Agreement, are mandatory and must be strictly adhered to The employee, at his/her option, may be accompanied and represented by a Union representative at each stage of the grievance procedure. Management undertakes to inform the employee at each stage of the right to have representation Any complaint, grievance as outlined in Article 8, which is not made known in accordance with the terms of this Article or which is not processed through to the next step of the grievance procedure or carried through to arbitration in accordance with this Article, shall be deemed to have been dropped by the party initiating the grievance and, therefore, can no longer be processed through the grievance procedure or carried through to arbitration.

13 Unjust Discharge/Suspension/Discipline Where an employee feels that he/she has been unjustly discharged, suspended or disciplined, the employee may file a grievance at Stage One of the grievance procedure within seven (7) working days of receiving his/her notice of discharge Union/Employer Policy Grievance A grievance of general application by the Union or the Employer affecting the parties may be submitted at Stage One of the grievance procedure. Such grievances must be submitted within ten (10) working days after the incident giving rise to the grievance. Procedure for filing Employer Grievances A grievance by the Employer shall be given to the local President of the Union or the unit steward in writing, and shall commence at Step 2 of the grievance procedure. If not settled at this Step, then the matter may be processed to mediation/arbitration in the same manner as an employee grievance. Such grievance must be submitted within fifteen (15) working days after the incident giving rise to the grievance. ARTICLE 9 -Arbitration 9.01 After the grievance procedure as set out in Article 8 has been exhausted, and before an arbitrator or Arbitration Board is contacted under this Article, either party may seek the services of a mediator to assist in resolving the parties differences. It is agreed that the selection of a mediator will only be done on the written consent of both parties. In the event that the use of a mediator is agreed upon, the referral of the grievance in question shall be delayed until after the mediation meeting has taken place and only if the mediation has failed to resolve the dispute. The parties shall share equally in the expenses of the mediator. i : 9.02 Should either party wish to refer a grievance to arbitration, written request for arbitration shall be made by mail and/or fax to the other party within fourteen (14) calendar days of receipt of the last written disposition. If no such written request for arbitration is received within the time limit then it shall be deemed to have been abandoned.

14 The party requesting arbitration shall indicate in its written request, the name of its nominee to the Arbitration Board Within fourteen (14) calendar days thereafter, the other party shall answer by mail and/or fax by indicating the name and address of its nominee to the Arbitration Board. The two (2) nominees shall then select an impartial chairperson, so that the Arbitration Board will be composed of one (1) person appointed by the Employer, one (1) person appointed by the Union and a third person to act as chairperson chosen by the other two (2) members of the Board If either party fails to appoint a nominee within the time limits set out above, or if the two (2) nominees fail to agree upon a chairperson within ten (1 0) working days of their appointment or within such time as may be agreed upon, the Minister of Labour of the Province of Ontario may be asked to nominate a person to act as chairperson upon request of either party In the event that arbitration proceedings are invoked, the matter before the Board shall be the written grievance, identified in Article The decision of the majority shall be the decision of the Board. Where there is no majority decision, the decision of the chairperson shall be the decision of the Board. The decision of the Board of Arbitration shall be final and binding and enforceable on all parties, but in no event shall a Board of Arbitration have the power to change this Agreement, or to alter, modify or amend any of its provisions or to substitute any new provisions for any existing provisions, nor to give any decision inconsistent with the terms and provisions of this Agreement Each party shall pay: a) the fees and expenses of its nominee to the Board of Arbitration; and b) one-half(%) of the fees and expenses of the chairperson Single Arbitrator By mutual Agreement, the parties may elect to have a single arbitrator hear the matter in dispute instead of a three-person Board. In such case, the party wishing to

15 11 submit the issue to arbitration should indicate in its notice of intent to arbitrate, that it would like the maller heard by a single arbitrator. The recipient of the notice shall inform the other party within len ( 10) days of receipt of the notice if it is agreeable or not to the maller being heard by a single arbitrator. If so, the parties shall endeavour to select the single arbitrator. Failing Agreement within thirty (30) days or such lime as agreed by the parties, Clause 8.04 shall be followed. The single arbitrator shall be bound by all clauses of Article 8 in the same manner as a Board of Arbitration, with the necessary changes being made. ARTICLE 10- Personnel Files Upon wrillen notification to the Chief Executive Officer, an employee shall have access to his/her personnel file in the presence of the Chief Executive Officer or designate and shall be entitled to view the entire contents The Employer shall provide an employee with dated, wrillen reasons for any disciplinary action and with a copy of any adverse report. Any reply by the employee shall become part of the employee's record Leiters of reprimand and related correspondence shall not be referred to or used against an active employee after a period of 3,640 consecutive hours of work during which the employee has not received any further disciplinary warning or notation The Employer shall provide an employee a copy of each performance appraisal conducted by the Employer. In addition, a copy of the appraisal shall be placed in the employee's record and form part of that record. Any reply by the employee shall become part of the employee's record. The Employer will not rely on or refer to adverse comments on a performance appraisal if subsequent appraisals do not show a continuation of the problem twenty-four (24) months after the occurrence of the original problem. ARTICLE 11 -Seniority a) Seniority for full-lime employees shall mean the length of continuous full-lime hours employed with the Employer since the dale of last hire (hours employed based on 1,820 per year).

16 12 b) Seniority for part-time and casual employees shall mean the number of hours worked in the employ of the Employer since the last date of hire. c) If a contract employee is hired into a permanent position in the same classification, they shall be credited with fifty percent (50%) of their contract hours or 3 months, whichever is less, for all entitlements with the exception of probationary period where they shall be considered as a new employee It is understood that no employee shall be able to accumulate more than 1,820 regular hours of seniority/service in any year. "Service" is used for the purpose of calculating entitlements/credits for vacation, sick leave, etc. and is based on actual hours worked. "Seniority" is used for the purpose of calculating credits for lay-off, recall, job competitions and vacation requests (Article 26:02) and is based on hours employed since date of hire The Employer shall post and update annually at all office sites on or before April 15th of each year, with copies to the Union, separate full-time, part-time and casual seniority lists. Corrections, disagreements to be submitted to Management by May 15th An employee shall lose his/her seniority and shall be deemed to have terminated his/her employment when he/she: a) voluntarily quits his/her employment; b) is discharged for just cause and is not reinstated through the grievance procedure; c) does no work for the Employer for a period of twelve (12) months plus a day unless the employee is off on long term disability; d) upon being recalled from a layoff, fails to report to work within five (5) working days from the date of notification by the Employer;

17 13 e) fails to return to work upon termination of an authorized leave of absence unless the employee provides a reason for such failure that is acceptable to the Employer; f) retires; g) accepts gainful employment while on leave of absence unless permission in granted by the Employer; h) is a casual employee who has been requested to work and has not been available for whatever reason for a consecutive period of three (3) months or has cancelled a scheduled work shift two (2) times over a three (3) month period Seniority and Employment Termination for being Absent from Work Without Notifying the Employer An employee who is unable to report for work will be expected to notify the Employer by the time he/she is due to report to work. Any employee who is absent three (3) consecutive working days without notifying the Employer, unless such notification was not reasonably possible, shall be discharged All seniority accumulated under this Agreement shall be retained and transferred with the employee if she/he changes status from full time to part time or vice versa. ARTICLE 12- Probationary Employees All new employees shall serve a probationary period of nine hundred and ten (910) or nine hundred and seventy-five (975) hours, as applicable, before acquiring seniority rights under this Agreement. In order to complete an assessment, the probationary period may be extended by the Employer for an additional three (3) months. During the probationary period or extended probationary period, the probationary employee shall not accrue seniority until he/she has successfully completed the probationary period. Upon the successful completion of the probationary period, the probationary employee's seniority shall then date back to his/her first date of current employment with the Employer.

18 All casual and contract employees hired into regular part-time or full-time positions must complete nine hundred and ten (91 0) or nine hundred and seventy-five (975) hours, as applicable, as per new employee in During the probationary period or extended probationary period, the termination of a probationary employee shall be at the sole discretion of the Employer and does not constitute a difference between the parties. Further, it is understood that the labour arbitration doctrine of just cause does not apply in the termination of a probationary employee Throughout the probationary period, the Employer agrees to advise the employee of any concerns with his/her employment. ARTICLE 13- Job Vacancies When job vacancies occur in the bargaining unit and the Employer has decided to fill same, such vacancy will be posted on the bulletin board for a period of ten (1 0) working days. Bargaining unit employees will have the first opportunity for filling bargaining unit vacancies. The requirement to post a vacancy only applies to the original vacancy For the purpose of this Article, vacancies do not include temporary appointments/assignments of 6 months or less or contract assignments of fourteen (14) months or less unless extended by mutual Agreement. In the event the contract assignment is to continue beyond fourteen (14) months but the extension has not been agreed to, the Employer shall fill the vacancy in accordance with this Article Such posted notice shall contain the nature of the position, required qualifications and knowledge, required education, required skills, physical demands, hours of work, wage or salary rate or range and location, and other content as determined by the Employer The Employer will determine the successful candidate to a job posting by considering the qualifications, knowledge, education, skill and present ability of the individual to

19 15 perform the required work. Where these factors are relatively equal, the employee with the greatest seniority will be awarded the position. An employee selected on this basis will be given a ten (10) day orientation period from the first day of work in the new position. If an employee fails to meet the requirements for the job at any time during the orientation period, or if the employee wishes to relinquish the position at any time during the orientation period, he/she will be returned to his/her former position If no current bargaining unit employee applies or meets the requirements for the job posting, the Employer will be free to fill the job at the Employer's discretion In the event that an employee covered by this Agreement should be promoted to a position outside the bargaining unit and later applies for and is successful in a competition for a position within the bargaining unit. The employee shall be granted the seniority they had accrued or accumulated at the time they left the bargaining unit Incumbents of existing excluded positions may enter the bargaining unit with no seniority in the event the position is reclassified as a bargaining unit position The above noted conditions in this Article do not apply for positions designated for Protected Employees Temporary, Casual and Contract employees shall not be considered as an internal applicant for job posting purposes. However, such employees may apply for posted positions and they shall be considered and treated as an external competitive job search applicant. Contract employees shall have their hours in their current contract considered for the purposes of the external job competitions. ARTICLE 14- Layoff and Recall If circumstances arise which might warrant the layoff of more than seven (7) working days of employees covered by this Agreement, the Employer shall notify the Union

20 16 forthwith. Upon receipt of such notice, the Union may request a meeting with the Employer to discuss: i) the reasons for layoff; ii) alternative actions to avoid or minimize the scope of layoff; iii) the individuals affected and details of the actual layoff plans Where practicably possible, regular full and regular part-time employee shall receive two (2) months' notice of layoff or pay in lieu thereof but in no event will they receive less than their Employment Standards Act entitlement. The notice period will begin when the employee receives official written notice. Copies of all such notices shall be provided to the Union. Casual employees who are laid off shall be entitled to the notice of termination and severance pay provisions of the Employment Standards Act a) In the event of a layoff, employees shall be laid off, subject to the provisions which follow, in reverse order of seniority, provided that employees being retained are willing and qualified and physically able to do the work. b) An employee shall be entitled to displace the most junior employee who occupies a position in the same classification. c) If no such position is available, he/she shall be entitled to displace the most junior employee in another non-protected classification who occupies a position for which she is qualified, and who has less seniority than him/herself. In the event the displacing takes place in a lower paid classification, the displacing employee shall be paid the maximum of the lower paid classification but in no case will he/she be paid more than his/her rate at the time of lay-off Employees who are laid off shall be placed on a recall list for a period of twelve (12) months and shall retain but not accrue seniority.

21 14.05 Employees on lay-off will be recalled in order of seniority subject to the following: 17 i) operational needs of the Employer; ii) when an employee is laid off, he/she shall notify the Employer of his/her wish to be recalled either to the first position for which he/she is qualified, or to the first position in his/her own classification; iii) no new employees shall be hired until those laid off have been given the opportunity of recall When recalling an employee after lay-off, he/she shall be notified by and/or personally by telephone mail and shall return to work within five (5) working days from the date of delivery of the notice by mail at his/her last noted address or telephone number on file with the Employer, unless on reasonable grounds he/she is unable to do so The laid off employee will promptly notify the Employer of any change in his/her address and/or telephone number An employee who is recalled and reinstated or has displaced to a position with a lower rate of pay than the position which he/she occupied at the time of lay-off shall be given the first opportunity consistent with his/her qualifications and seniority to return to a vacant position at a rate of pay which is closer to the rate of pay for his/her former position The Employer may transfer or re-assign employees who remain on the job after a lay-off. ARTICLE 15- General Leaves of Absence At its sole discretion, the Employer may grant leave of absence without pay for a maximum period of one (1) year. In making its decision as to granting such leave, without limiting its scope, the Employer will consider among other things the program and client needs of the Agency. It is understood that an employee shall submit their written request one (1) month in advance of their anticipated leave date. In the event

22 18 the requested leave is for a period of one (1) month or more, such written notice shall be at least two (2) months in advance of the anticipated leave date With the exception of Pregnancy/Parental/Adoption Leave, the Employer's payments toward all group insurance benefits will be suspended for any leave period under in excess of thirty (30) calendar days. They will be reinstated upon the return of the employee to duty. If the employee wishes continuation of these benefits during such a leave, it will be his/her responsibility to pay the cost of these group insurance benefits at the current rate of the full premium, including the Employer portion, for a maximum time of one (1) year Unless on Employment Insurance Sick Benefits, STD, LTD or W.S.I.B., when a leave of absence is granted under this Article for a period of more than thirty (30) consecutive days, the employee's seniority shall be maintained at the level attained as of the first day of the leave of absence; but seniority shall not accrue during the leave of absence The Employer recognizes that there may be occasions of extreme weather or hazardous conditions. In such circumstances employees may be permitted to take these days off with pay providing that their accrued vacation, float days, altered hours of work or overtime is reduced correspondingly. Employees shall be expected to notify the Employer as soon as possible in advance of their inability to attend work The Employer may grant an employee up to a maximum of three (3) days per fiscal year, leave of absence with pay for special or compassionate reasons and no such request shall be unreasonably denied. In making its decision as to granting such leave, without limiting its scope, the Employer will consider among other things the program and client needs of the Agency. Employees shall be expected to notify the Employer as soon as possible in advance of their inability to attend work. Such leave shall be administered in accordance with the Employer's Human Resources Policy #AH-S5 Special/Compassionate Leave. (with the policy language to read "critical or life threatening")

23 ARTICLE 16- Bereavement Leave Leave of absence, without loss of pay or benefits shall be granted to full time employees as follows: a) at the employee's discretion, a period of up to five (5) working days, in the case of death of the employee's spouse (including common-law), parent (including step-parent or foster parent), child (including step-child or ward), brother or sister. b) at the employee's discretion, a period of up to three (3) working days, in the case of death of the employee's mother-in-law, father-in-law, sister-in-law, brother-inlaw, daughter-in-law, son-in-law, grandparent, grandchild, or a relative permanently residing in the employee's household or with whom the employee permanently resides. c) for a period of one (1) working day, in the case of death of the employee's aunt, uncle, niece or nephew. d) The employee, at his/her discretion may choose to utilize one (1) day of the bereavement leave entitlement at a later date to attend to events related to the death. e) A common law relationship is a current relationship where parties have cohabitated for a continuous period of one (1) year or more and does not include previous common law relationships. f) regular part-time employees shall be entitled to the above bereavement leave, pro-rated on the basis of their regular part-time hours Where the burial of the family member occurs in a distant destination, the employee shall be granted three (3) additional days unpaid leave for the purpose of extended travel related to the death.

24 In the event that the death occurs while the employee is on vacation, the vacation shall be rescheduled by the number of days of bereavement leave entitlement at a time to be mutually agreed upon by the Employer and the employee There shall be no pyramiding or duplication of this benefit. ARTICLE 17 -Jury Duty and Court Attendance An employee who is selected for service as juror or who is subpoenaed as a witness to appear in any Court of Law, shall not lose pay at his/her regular straight time hourly rate, for all regularly scheduled hours which the employee would otherwise have worked because of such attendance provided that the employee: a) informs the Employer immediately upon being notified that the employee will be required to attend Court; b) presents proof of service requiring the employee's attendance; c) deposits with the Employer the full amount of compensation received for such attendance, excluding mileage, traveling and meal allowances and an official receipt thereof; and d) should the employee present him/herself as a juror and not be selected, then he/she is required to return to the Employer's premises to complete his/her remaining normally scheduled work day There shall be no pyramiding or duplication of this benefit A probationary employee who is selected or subpoenaed in accordance with this Article shall have his/her probationary period suspended until such time as the jury duty or court attendance ends and the probationary employee returns to his/her regular work. ARTICLE 18- Union Leave The Employer, upon two (2) weeks' written notice from the Union, shall grant leave of absence without pay to up to two (2) employees appointed by the Union to attend

25 21 Union functions for an aggregate of fifteen (15) scheduled- work days in a calendar year, providing that the granting of such leave does not unduly interfere with the efficient operation of the facility When an employee is elected as the Union's President or First Vice President (Provincially), the Union shall immediately following such election advise the Employer of the name of the employee so elected. Leave of absence shall be granted from the employee's place of employment and the Union shall reimburse the Employer for the pay and benefits of the employee in question Where an employee is elected as an Executive Board Member or Executive Officer of OPSEU, such employee shall be granted leave of absence or time off as required to exercise the duties of this appointment upon receipt of reasonable notice and the Union shall reimburse the Employer for the pay and benefits of the employee in question. ARTICLE 19 - Pregnancy/Parental/Adoption Leave The leave of absence shall be in accordance with the provisions of the Employment Standards Act During an employee's pregnancy leave or parental leave, the Employer shall continue to make the Employer's contributions for any benefit plan unless the employee provides the Employer a written notice that the employee does not intend to pay the employee's contributions, if any An employee on pregnancy leave or parental leave shall have vacation credits, seniority and service continue to accrue An employee returning from a leave of absence under this section shall be assigned to her/his former classification and be paid at the rate she/he would have attained had the employee worked throughout the leave.

26 Paternity Leave An employee shall be granted up to three (3) days leave with pay upon the birth or adoption of a child. ARTICLE 20- PRE-PAID LEAVE The Prepaid Leave Plan has been developed to afford full-time employees a one time per employee opportunity of taking a one (1) year leave of absence and to finance the leave through deferral of salary from the previous years in an appropriate manner The parties agree to the implementation of the Self-Funded Leave Plan as outlined below: Eligibility: All full-time staff who have completed their probationary period and who have more than one year of full-time service The employee shall assume the responsibility of making herself/himself aware of the implications of the Plan including any income tax implications. Employees must confirm that they have received external financial advice and are aware of any financial implications Application: Written applications shall be submitted to the Director, who will consider the application and ensure the participation will not be detrimental to the service provided by the Agency. Should two individuals' applications be in conflict to the services of the Agency, seniority shall govern. Denial by the Employer shall not be considered a violation of this Agreement. All employees wishing to participate in the Plan shall be required to sign an Agreement supplied by the Director authorizing deductions before final approval for participating will be granted.

27 Seniority: An employee participating in the Plan shall accrue seniority for the duration of the leave and will retain the seniority previously acquired to their credit The deferral period over which salary is deferred and accumulated, the amount thereof and the period in which leave is granted and repayment of such deferred salary and interest occurs shall be four (4) years deferral up to one-fifth (1/5) of annual salary in each year followed by one (1) year of leave. During the Self-Funded Leave year, the employee may engage in such plans of education and employment as he/she chooses, except that he/she may not be employed as an employee of the Employer Withdrawal and Death: A participant may, with the approval of the Employer, withdraw from the Plan only in extenuating circumstances or in cases of severe financial hardship. Requests for withdrawal must be submitted in writing, detailing the reason(s) for withdrawal. Under no circumstances may a participating member withdraw from the Plan on or after commencement of the leave or within three (3) months prior to commencement of the leave. When a request for withdrawal is approved, the Employer shall pay to the employee a Jump sum amount equal to monies deferred plus interest accrued with applicable tax adjustments to the date of withdrawal from the Plan within sixty (60) days of the approving of the withdrawal. Should an employee die while participating in the Plan, any balance in the employee's account at the time of death shall be paid to the employee's estate or a named beneficiary Payment: The amount of salary withheld by the Employer shall be deposited in a "trust account" for each individual at the time of regular salary payments. Such "trust account" will

28 24 be maintained at a financial institution chosen by the Employer, where interest will be declared not less frequently than on a monthly basis. Interest shall be paid out to the employee in accordance with the Income Tax Act (as may be amended from time to time). A ledger reference of each individual employee's contribution shall be maintained by the Employer, and copies of all statements will be forwarded to the employee. During the leave year, salary contained in the employee's trust account, shall be payable at the commencement of the leave in one lump sum or in such manner and on such periodic basis as all other employees of the Employer, as mutually agreed upon between the Employer and the employee. The employee shall, out of any payment received by the employee under this Plan, reimburse the Employer any expenses incurred by it to administer the employee's participation in the Plan Benefits: During all years that the individual employee is participating in the Self-Funded Leave Plan, excepting the leave year, all employee benefits shall be maintained according to the Collective Agreement at a level as if the employee were being paid at 100% of his/her salary. During a leave granted under this Plan, benefits described in the Collective Agreement will be maintained providing the employee pays the applicable premium costs and the benefits carrier permits same. An employee participating in the Plan shall be eligible excluding progression on the salary grid, upon return to duty for any increase in salary and benefit that would have been negotiated within the Collective Agreement had the one year leave of absence not been taken. Sick leave credits and vacation credits shall not accumulate during the year spent on leave.

29 20.10 Return From Leave: 25 On return from such leave, an employee shall be assigned to their former position. If such a position no longer exists, the placement of the employee shall be determined by applying the appropriate sections of the Collective Agreement. Notwithstanding the above, the employee may agree to accept an alternate placement, mutually agreed upon by the Employer and the employee. An employee must return after the leave of absence and remain for a period of at least as long as the leave of absence, unless mutually agreed otherwise. The Employer has the right to fill the position vacated by such leave at its discretion. ARTICLE 21 - Professional Development The Employer recognizes the importance of staff tal<ing the opportunity to upgrade skills through courses, seminars and workshops related to their job functions. An employee may request to attend courses, seminars or workshops related to their employment. Approval from their Manager or designate must be made prior to registration. Approval will be based on relevance of course, workshop or seminar to job function and value as a learning opportunity to share with other staff, funds available, and impact on client services. The Employer will not unreasonably deny any reasonable request from an employee. Reimbursement is to the level of the annual employee allocation. Continued Education Employees may wish to submit requests for leave without pay to pursue additional education opportunities. Leave requests will be considered as per Article 15. ARTICLE 22- Sick Leave On April1 8 \ 2010, full-time employees will be credited with seventy (70) hours of sick leave credits. Effective April 1 8 \ 2011, and April 1 81 of each year thereafter, full-time employees will be credited with seventy-seven (77) hours of sick leave credits. In accordance with Article below, these credits may be carried over from one year to the next, otherwise these sick leave hours have no other value and no

30 26 remuneration or time off in lieu will be granted. In addition to use for an employee's sickness, these sick credits shall be used for an employee's attendance at medical or dental appointments for the employee and/or his/her dependents or dependentrelated illness responsibilities. Sick leave shall be pro-rated for part-time employees One hundred percent (100%) of unused annual sick credits may be accumulated and carried into the next fiscal year, up to a maximum of one hundred and ninety-six (196) hours. AI year end, for unused sick credits in excess of one hundred and ninety-six (196) hours, 50% shall be banked as vacation time and the remaining 50% shall be paid out at 100% and removed from the books. The credits carried over as sick time have no other value, and no remuneration or time off in lieu will be granted Once an employee has used all his/her sick day credits, if available, the employee may count up to five (5) days vacation as further sick credits annually. Should an employee have no available sick or vacation credits, sick leave will be unpaid With the exception of insurance carrier approved STD or LTD and WSIB, all health care benefits during absences for illness shall discontinue after three (3) months Absences due to illness or injury after three (3) days absence from work will be administered in accordance with the Employer's policy and procedure re: medical certificates #AH-M2. The Employer agrees to pay the medical costs of obtaining the medical certificate. ARTICLE 23 - Hours of Work a) A regular full-time employee is defined as an employee regularly scheduled for seventy (70) or seventy-five (75) hours, as applicable, averaged over a two (2) week period. b) A regular part-time employee is defined as an employee regularly scheduled for less than seventy (70) hours or less than seventy-five (75) hours, as applicable, averaged over a two (2) week period.

31 The normal hours of work per day shall be eight (8) or eight and one half (8 Y. ) hours, as applicable, per day inclusive of a one (1) hour daily unpaid meal period, it being recognized and agreed that for some employees the nature and requirements of their duties require a schedule of flexible work hours. Each employee's work schedule will be subject to the approval of the employee's manager. The schedule for regular full and part-time employees shall be established by the Employer. Any change to a regular employee's work schedule requires two (2) weeks' advance notice of said change Where an employee is called in from home by the Employer after the completion of his/her shift, or on a scheduled day off, she/he shall be compensated a minimum of three (3) straight time hours off. Such time off shall be scheduled at a mutually agreed upon time between the employee and the Employer It is understood that staff meetings, if designated mandatory by the Chief Executive Officer, shall be deemed as duty assignments and compensated accordingly at the employee's straight time hourly rate An employee who accompanies a client(s) on a camping trip, day or overnight trip or similar recreational outing or clinical intervention/accompaniment in excess of one (1) calendar day's duration, shall not be entitled to overtime but rather shall be entitled to compensating time off or pay in lieu thereof (at their normal straight time rate) on the basis of eight (8) hours off for each twenty-four (24) hour period of such outing in addition to payment for their normal shift. The Employer and the employee shall agree to whether the eight (8) hours is to be taken as compensating time or in payment. In the even there is no Agreement such eight (8) hours shall be paid to the employee at their normal straight time. ARTICLE 24- Overtime Subject to the pre-approval of the Chief Executive Officer or designate, overtime shall be calculated at time and one-half (1%) of the employee's straight time hourly rate for each hour worked over eighty (80) hours over a two (2) week period. The Employer agrees that the distribution of overtime shall be applied in a fair and equitable manner, based on ability of employee to perform required duties.