,#/\ OPSEU. Collective Agreement. 11/UsEFPO. between. Ontario Public Service Employees Union On behalf of its Local 452. and

Transcription

1 Collective Agreement between Ontario Public Service Employees Union On behalf of its Local 452 and Frontenac County Childcare Centre DURATION: January 1, December 31, 2018,#/\ OPSEU 11/UsEFPO Sector

2 ARTICLE Table of Contents PAGE ARTICLE 1 - PREAMBLE... 1 ARTICLE 2- RECOGNITION... 1 ARTICLE 3- NO DISCRIMINATION, HARASSMENT OR BULLYING... 1 ARTICLE 4 - MANAGEMENT RIGHTS... 2 ARTICLE 5 - DUES... 3 ARTICLE 6- DEFINITIONS... 4 ARTICLE 7- RELATIONSHIP AND REPRESENTATION... 5 ARTICLE 8- OCCUPATIONAL HEALTH AND SAFETY... 8 ARTICLE 9- NO STRIKES, NO LOCKOUTS ARTICLE 10- NO CONTRACTING OUT ARTICLE 11 -GRIEVANCE PROCEDURE ARTICLE 12- EMPLOYER, POLICY AND GROUP GRIEVANCES ARTICLE 13- ARBITRATION ARTICLE 14- DISCIPLINE, SUSPENSION AND DISCHARGE ARTICLE 15- PERSONNEL FILE ARTICLE 16- SENIORITY, LAYOFF AND RECALL ARTICLE 17- PROBATIONARY EMPLOYEES ARTICLE 18- STAFFING ARTICLE 19- RESTRUCTURING ARTICLE 20 - HOURS OF WORK ARTICLE 21 -OVERTIME ARTICLE 22- PREGNANCY LEAVE AND PARENTAL LEAVE ARTICLE 23- BEREAVEMENT LEAVE ARTICLE 24- PERSONAL LEAVE ARTICLE 25 - EMERGENCY LEAVE ARTICLE 26- UNION LEAVE ARTICLE 27- JURY DUTY AND WITNESS LEAVE ARTICLE 28- SCHOOL CLOSURE LEAVE ARTICLE 29- FAMILY MEDICAL LEAVE...,... 40

3 ii ARTICLE 30- STATUTORY HOLIDAYS ARTICLE 31 -VACATION ARTICLE 32- SICK LEAVE ARTICLE 33- PROFESSIONAL TRAINING AND DEVELOPMENT ARTICLE 34 - RETENTION PAY ARTICLE 35- MISCELLANEOUS PROVISIONS ARTICLE 36 -TERM SCHEDULE 'A'... 50

4 1 ARTICLE 1 - PREAMBLE 1.01 In recognition of our mutual interests, this agreement is entered into for the purposes of maintaining mutually satisfactory relations between the employer and its employees, providing a mechanism for the prompt and equitable disposition of grievances and maintaining satisfactory working conditions, hours of work and wages for all of the employees who are subject to the provisions of this agreement and who are employed in a non-profit childcare setting and so that the employer and its employees will be able to continue to provide a high standard of care for the children and promote their physical, intellectual and emotional growth For clarity, as the majority of employees affected by this agreement are female, feminine pronouns and other descriptors are used throughout this document but are intended to include both male and female persons. ARTICLE 2- RECOGNITION 2.01 The employer recognizes the union as the sole and exclusive collective bargaining agent of all employees of the employer in the City of Kingston and the County of Frontenac save and except ECE Centre Supervisors and those above the rank of ECE Centre Supervisor. ARTICLE 3- NO DISCRIMINATION, HARASSMENT OR BULLYING 3.01 The employer and the union agree that neither they nor their agents shall discriminate against any employee, or intimidate, harass, threaten, coerce or restrain her because of her membership or non-membership in the union Both parties agree that, subject to an occupational requirement and provincial legislation, they will not discriminate against any employee by reason of race,

5 2 place of origin, colour, ethnic origin, citizenship, creed, sex, age, marital status, ancestry, sexual orientation, disability, criminal record or family status Both parties agree that personal/psychological/workplace harassment will not be tolerated. For the purposes of this agreement, personal/psychological/workplace harassment is defined as: a) verbal, written or physical behaviour or a visual display that, when viewed objectively, is of a bullying, intimidating or abusive nature; or b) verbal, written or physical behaviour or a visual display that, when viewed objectively, is persistent, and which the instigator knows or ought reasonably to know, creates an intimidating or hostile working environment. The reasonable exercise of managerial authority does not constitute personal/workplace harassment In the event that the employee is of the belief that she is a victim of personal/psychological/workplace harassment, she shall report it to her Centre Supervisor or designate or, in the case of the school-age programs, to the Program Administrator for investigation and resolution. ARTICLE 4 - MANAGEMENT RIGHTS 4.01 The union recognizes and acknowledges that it is the exclusive right of the employer to manage and direct its operations in all respects, it being agreed that any matter not specifically covered by this agreement remains within the residual management rights of the employer Without restricting the generality of the foregoing, the union recognizes and acknowledges that it is the exclusive function of the employer to:

6 3 a) Maintain order and efficiency; b) Hire, promote, demote, classify, transfer, lay off and suspend employees, and to discipline or discharge any employee provided that a claim by any permanent employee or employee on a renewable or fixed term contract that she has been discharged, demoted or otherwise disciplined without just cause may be the subject of a grievance and dealt with as hereinafter provided; c) Make, enforce and alter reasonable rules, policies and procedures to be observed by the employees; d) Determine the kinds and locations of the employer's services and the methods, techniques and equipments of work; and e) Determine the content of jobs, the schedules of work and the number of employees to be employed The employer agrees that these management rights shall not be exercised in a manner that is inconsistent with the provisions of this agreement. ARTICLE 5- DUES 5.01 The employer and the union agree that all employees covered by this agreement shall pay union dues (subject to any religious obligation under the Labour Relations Act) The employer shall deduct dues from each payroll of every employee who is a member of the bargaining unit and will forward them the Finance Department of the union, 100 Lesmill Road, North York, Ontario, not later than the 15 1 h day of the following month. Dues will similarly be deducted from any retroactive wage payments. The remittance will be accompanied by a list of the names and social insurance numbers of those employees for whom deductions have been made. It is the union's responsibility to provide the employer with notice

7 4 of any changes in its dues schedule at least two months in advance and by writing The union agrees to indemnify and save harmless 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 The employer agrees to give each member of the bargaining unit a T4 slip for income tax purposes showing the amount of dues deducted. ARTICLE 6- DEFINITIONS 6.01 The following definitions apply to this collective agreement: A "permanent employee" is an employee who has successfully completed her probationary period and is then hired for an indefinite term. A "non-ece employee on a renewable contract" is an employee who is working towards obtaining her diploma in early childhood education and, while doing so, has been on a single (or series of) contracts. A "non-permanent employee working in a contractual capacity" is a nonpermanent employee who has accepted a fixed-term contract. Often, these employees are external applicants who accept a fixed-term contract to replace a permanent employee while that other employee is on an approved leave of absence. A "permanent employee working on a part-time basis" is an employee who is permanent but who works part-time. This employee may, if she wishes, also be on the casual list and be called in to do casual work for additional hours.

8 5 A "permanent employee working in a contractual capacity" is a permanent employee who has accepted a fixed-term contract. Often, these employees are permanent employees working on a part-time basis who accept a fixedterm contract to replace a permanent full-time employee while that other employee is on an approved leave of absence. "Reorganization or restructuring" includes any changes to the services and/or programmes provided by the employer. Seniority shall mean total length of service in the bargaining unit and shall be calculated on an organization wide basis. Service is defined as the length of continuous employment with the employer from the last date of hire. An "as needed employee" is an employee who works flexible hours that are entirely dependent upon enrolment and/or centre needs. Such an employee may, for example, cover staff lunches or ensure ratios are maintained at the beginning and end of the day. ARTICLE 7- RELATIONSHIP AND REPRESENTATION 7.01 The union agrees that there will be no union activity on the premises of the employer without prior written approval being given by the employer or as specifically permitted by this agreement The employer agrees to recognize the following union representatives: a) One (1) union steward at each full-day child care site and two (2) union stewards to represent and assist those members at the part-day ("before and after") child care sites, to a total maximum of six (6) union stewards; b) A Union Negotiating Committee; and

9 6 c) A Labour-Management Committee The duty of the union stewards shall be to assist and represent employees and to process grievances as outlined in the grievance procedure of this agreement The union agrees that union officials and committee members have their regular duties and responsibilities to perform for the employer. Accordingly, unless explicitly provided in this agreement, all duties related to union activities will be performed by the union stewards and committee members outside of their regular working hours and will be unpaid A newly-hired employee will have the opportunity to meet with a union steward. The new employee will, at that time, be given a copy of the collective agreement by the union steward. This meeting shall, at the sole discretion of the employer and where the operational needs of the employer can be met, be held during regular working hours. If the employer determines that the meeting cannot be held within regular working hours then the new employee and the union steward will be paid their regular wages for an additional fifteen (15) minutes on account of the meeting Where a meeting is arranged between the employer and the union to discuss a grievance, that meeting shall take place during regular working hours unless, in the sole discretion of the employer, the operational needs of the employer require that the meeting be held outside regular working hours. If required to meet outside regular working hours, then both the employee and the union steward must make themselves reasonably available. There will be no loss of wages for attending a grievance meeting For the purpose of negotiating the terms and conditions of all successive collective agreements, a Union Negotiating Committee shall be created and composed of up to three (3) members plus one (1) representative on staff of the union.

10 Conditional upon securing the appropriate replacement staff, the determination of which is wholly in the discretion of the employer, members who are part of the Union Negotiating Committee will be released from employment duties for the purpose of preparing for negotiations. Requests for such release shall not be unreasonably denied. Employees on the Union Negotiating Committee will be paid their regular wages for the time spent preparing for negotiations, and their wages plus all associated payroll costs will be reimbursed to the employer by the union Conditional upon securing the appropriate replacement staff, the determination of which is wholly in the discretion of the employer, members who are part of the Union Negotiating Committee will be released from employment duties for the purpose of attending negotiations. Employees on the Union Negotiating Committee will be paid their regular straight time wages for the time spent in negotiations up to three (3) days (twenty-one (21) hours) per employee. For any time spent in negotiating after three (3) days (twenty-one (21) hours) per employee, the wages plus all associated payroll costs will then be reimbursed to the Employer by the Union For the purpose of exchanging views on matters affecting the employer and its employees and to promote and improve childcare services, a joint Labour Management Committee will be established with two (2) employees as representatives of the union and two (2) representatives of the employer. This Committee shall meet as scheduled or at the written request of either party except during the summer, March Break or Christmas Break or if the parties agree not to meet. Each representative committee shall notify the other in writing of the agenda items at least one (1) week prior to the meeting, it being understood that any agenda may be amended at the meeting by mutual consent. The Chairperson shall be selected by the employer for the first meeting during the term of this collective agreement and thereafter the role of Chairperson shall alternate between a union member and an employer

11 8 representative. This Committee does not have the power to add to, amend, or delete any part of this agreement, nor will it discuss matters that are the subject matters of a grievance. Employees on the Labour-Management Committee will be paid regular wages by the Employer for time spent at the meeting. The meetings can be held either within or outside working hours Notwithstanding the above, the employer agrees to maintain its "open door" policy allowing employees to raise concerns and discuss issues relating to the workplace individually or collectively and as the need arises The union shall notify the employer in writing of the name and position of the union stewards and the committee members from time to time as selected, and the employer shall not be required to recognize any such steward or committee member until it has been so notified The union and the employer will equally share the cost of providing sufficient copies of this agreement. ARTICLE 8- OCCUPATIONAL HEALTH AND SAFETY 8.01 The Employer recognizes its obligations as set out in the Occupational Health and Safety Act and agrees to continue to abide by said Legislation as amended from time to time 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 cooperate to the fullest extent possible in the prevention of accidents and in the reasonable promotion of safety and health of all employees.

12 Where required the Employer shall negotiate a return to work agreement with the Union, where an employee is returning to work after an injury as per WSIB and the Employees Medical Practitioner.

13 10 ARTICLE 9 - NO STRIKES, NO LOCKOUTS 9.01 The union agrees that during the tenure of this agreement there shall be no strike, slowdown or stoppage of work either complete or partial, and the employer agrees that there shall be no lockout. ARTICLE 10- NO CONTRACTING OUT Persons whose jobs are not in the bargaining unit shall not perform the duties normally assigned to those employees who are in the bargaining unit if the performance of such duties results in the lay-off or reduction of hours or change of classification of a permanent bargaining unit employee, except for the purposes of instruction, observation or in emergencies or for unavoidable short periods of time. ARTICLE 11 - GRIEVANCE PROCEDURE For the purposes of this agreement, a grievance is defined as a difference arising between the parties relating to the interpretation, application, administration or alleged violation of the agreement, including any question as to whether a matter is arbitral It is the mutual desire of the parties that all grievances be resolved as quickly as possible When calculating time under this Article, and/or under Articles 12 & 13, and where there is a reference to a number of days between two events, the following rules shall apply: (a) The number of days shall be counted by excluding the day on which the first event happens and including the day on which the second event happens.

14 11 (b) (c) (d) (e) All Saturdays, Sundays, statutory holidays and days during March Break and Christmas Break shall not be counted. Working days during the summer shall be counted in regard to grievances which arise from events that occur at sites that are open over the summer period. Where a grievance arises from events at a site that is not open during the summer period, then the employer shall make reasonable efforts to have the immediate supervisor or designate and/or the Executive Director or designate make herself available to discuss the verbal complaint or respond to the written grievance. If the immediate supervisor or designate and/or the Executive Director or designate makes herself available, then working days during the summer shall be counted in regard to grievances which arise from events that occur at sites that are not open over during the summer period. If the immediate supervisor or designate and/or the Executive Director or designate is not available, then working days during the summer shall not be counted. For the purpose of processing grievances which arise at a site that is not open during the summer period, the union will not unreasonably refuse any request by the employer to extend the deadlines under the grievance procedure in order to facilitate the participation of the immediate supervisor or designate and/or the Executive Director or designate It is understood that any employee may present a verbal complaint at any time to her immediate supervisor without resorting to the grievance procedure below No grievance shall be considered where the alleged circumstances arose, or where the employee ought to have been aware of the alleged circumstances, more than ten (1 0) working days prior to notification in step 1 below The time limits in the grievance procedure are mandatory. If at any step in the grievance procedure the grievance has not been processed by the griever or her agent in accordance with the time limits prescribed then the grievance shall be deemed to have been settled and/or withdrawn. If at any step of the

15 12 grievance procedure the grievance has not been processed by the employer within the prescribed time limits then the grievance may be advanced to the next step by the grievor within the time limits as prescribed. Subject to these mandatory stipulations, time limits may be extended by mutual agreement of the parties in writing Upon request, the employee may be assisted by a steward at step 1 or subsequent steps of the grievance procedure The discipline or dismissal of a probationary or casual employee cannot be the subject of a grievance. Such dismissal shall be deemed to have been for just cause unless the dismissal is established to have been arbitrary, discriminatory or in bad faith A grievance concerning the discharge of an employee, signed by the grievor and the local union President or designate, will enter the grievance procedure at step At any point in the grievance procedure the employer and the union may settle the grievance by mutual agreement and in writing, signed by the Executive Director or designate on behalf of the employer and by the local union President or designate on behalf of the union. Step An employee may submit a written grievance through the local union, signed by the grievor and the local union President or designate, to her immediate supervisor or designate. The written grievance shall specify the Article or Articles which are alleged to have been violated and shall contain a statement of the facts relied upon and indicate the relief sought The immediate superyisor or designate shall provide an answer in writing to the grievor within ten (1 0) working days of the grievance being submitted at step 1.

16 13 Step Failing satisfactory settlement of the grievance at step 1, or failure of management to submit the reply within ten (1 0) working days after the dispute was submitted under step 1, the griever may submit the written grievance to the Executive Director or designate within ten (1 0) working days from the time that the reply was received or should have been received in step 1. The written grievance shall specify the Article or Articles which are alleged to have been violated and shall contain a statement of the facts relied upon and indicate the relief sought. The grievance must be signed by the griever The Executive Director or designate shall provide an answer in writing to the griever within ten (1 0) working days of the grievance being submitted at step Following receipt of the grievance, and prior to the expiry of ten (1 0) working days after such receipt, the Executive Director or designate will attempt to arrange a meeting or meetings between the parties to resolve the grievance. The meeting or meetings shall involve the grievor, the union steward chosen by the griever to assist her, the Executive Director and anyone else whom the Executive Director or designate thinks would be helpful. During this meeting process the parties may, on a without-prejudice basis, disclose documents that they feel may assist in resolution of the grievance. Payment of the employee and union steward for attendance at this meeting is as outlined in Article 7. Step Within ten (1 0) working days after the decision is given or should have been given under step 2, the employee may submit the written grievance to the Board of Directors as a whole or, at the discretion of the Board of Directors, a committee of the Board of Directors to which authority has been given to hear and determine grievances. The written grievance shall specify the Article or Articles which are alleged to have been violated and shall contain a statement

17 14 of the facts relied upon and indicate the relief sought. The grievance must be signed by the griever The Board of Directors or committee shall arrange a meeting with the employee and employer as promptly as possible. It is understood that each party will be limited to three (3) members plus a representative if desired to be in attendance by either party The Board of Directors or committee will discuss the grievance with the parties and will render a decision in writing within twenty (20) working days following such meeting The griever then needs to decide whether to accept the decision of the Board of Directors or committee or proceed to arbitration. ARTICLE 12- EMPLOYER, POLICY AND GROUP GRIEVANCES The employer has the right to file a grievance (an "employer grievance"). Where such grievance is filed, it shall be filed with the local union President or designate. The union shall provide a response within twenty (20) working days following the date that the grievance was filed. The employer shall then have twenty (20) working days from the date of receipt of the union response to determine whether it will accept the response or refer the matter to arbitration A grievance arising directly between the employer and the union (a "policy grievance") must be brought within twenty (20) working days of the alleged circumstances giving rise to the grievance and shall be initiated in writing at step 2 of the grievance procedure. The process applicable to policy grievances shall not be used with respect to circumstances which directly and differentially affect an employee and in regard to which that employee could have brought

18 15 an individual grievance; in such instances the regular grievance process should be followed and cannot be bypassed On mutual agreement of the parties, grievances arising out of the same matter may be consolidated as a group grievance. In such instances, the grievance may be presented in writing through the local union and signed by each employee who is grieving and the local union President or designate. A group grievance must be brought within ten (10) working days of the alleged circumstances giving rise to the grievance. All group grievances of the union shall be initiated in writing at step 2 of the grievance procedure. ARTICLE 13 - ARBITRATION Any grievance that has been properly carried through all of the steps in the grievance procedure outlined in the Article above and which has not been settled can be referred to a Board of Arbitration at the written request of either of the parties, sent by registered mail and received within twenty (20) working days of receipt of the decision at step 3 of the grievance procedure. If no such written request for arbitration is received within twenty (20) working days then the grievance shall be deemed to have been abandoned The Board of Arbitration shall 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 jointly chosen by the other two (2) appointees to the Board. No person who has been involved in any attempt to negotiate or settle the grievance shall be an appointee to the Board of Arbitration When either party requests that a grievance be submitted to arbitration, the request shall be made by registered mail and addressed to the other party of the Agreement, indicating the name, address and telephone number of its nominee to the Board of Arbitration. Within ten (1 0) working days thereafter,

19 16 the other party shall answer by registered mail indicating the name, address and telephone number of its appointee to the Board of Arbitration. The two appointees shall then discuss and select, by mutual agreement, an impartial Chairperson. The selection must be made, and the parties notified, within twenty (20) working days of receipt of the notice of the name, address and telephone number of the second appointee of the Board of Arbitration If the party receiving the notice fails to appoint an appointee, or if the two (2) appointees fail to agree upon a Chairperson, then the appointment shall be made by the Minister of Labour upon request of either party Each party shall pay the fees and expenses of its own nominee and half of the fees and expenses of the Chairperson or, in the event of a single arbitrator, half of the fees and expenses of the arbitrator The Board of Arbitration or arbitrator shall determine its own procedure, but shall give full opportunity to all parties to present evidence and make representations The decision of the majority shall be the decision of the Board of Arbitration. Where there is no majority decision, the decision of the Chairperson shall be the decision of the Board of Arbitration The decision of the Board of Arbitration or arbitrator shall be final, binding and enforceable on all parties and may not be changed The Board of Arbitration or arbitrator shall not have the power to change this agreement or to alter, modify or amend any of its provisions or to substitute any new provisions or to give decisions that are inconsistent with the provisions of this agreement.

20 If there is mutual agreement between the parties on a single arbitrator then a grievance may be submitted to a single arbitrator instead of a Board of Arbitration. ARTICLE 14- DISCIPLINE, SUSPENSION AND DISCHARGE The employer may take disciplinary action against an employee within ten (1 0) working days of the employer being made aware of the incident giving rise to the discipline The employee shall be notified in writing of any disciplinary action and/or disciplinary penalty and will be provided with a copy of any adverse report. When discipline is to be imposed that may lead to suspension, such discipline will be discussed with the employee in the presence of a union steward. Any written reply by the employee to disciplinary action and/or penalty shall become part of the employee's personnel file. The right to have the union steward present does not apply in respect of any investigation that may result in disciplinary action being taken An employee who has completed her probationary period and who believes that she has been disciplined, suspended or discharged without just cause may submit a grievance in accordance with the grievance procedure.

21 18 ARTICLE 15- PERSONNEL FILE An employee shall have the right to review her personnel file on her own personal time, at a time mutually satisfactory to the employee and the employer and in the presence of an employer representative Any record of a written reprimand shall be removed from an employee's personnel file after thirty (30) months a) from the date of the written reprimand; or b) in the event that the written reprimand is the subject of a grievance, from the date that the grievance is dismissed or otherwise disposed of, provided that no subsequent discipline has been imposed within that thirty (30) month period. After removal, such written reprimand cannot be offered in aggravation of penalty in a subsequent disciplinary proceeding A copy of each performance review shall be given to the employee and a copy shall be placed in her file An employee who objects to her performance review may elect to attach a statement to the document setting out the details of and reasons for those objections Any allegations in a performance review brought forward against an employee shall be addressed with the employee or shall not be reflected in her performance review or personnel file On a performance review, the employer will not comment in an adverse way about conduct that occurred more than twelve (12) months (plus or minus six (6) weeks) prior to the date of the performance appraisal.

22 19 ARTICLE 16- SENIORITY, LAYOFF AND RECALL The following definitions apply to this article: A layoff is defined as a reduction in the normal hours of a permanent position, a 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 the elimination. The annual transition period is defined as the six-week period following the first day of the school year, and the six-week period preceding the last day of the school year. The summer period is defined as that period of time during which the ten-month sites are closed, typically July and August every year. A short-term layoff is defined as a layoff that is not expected to exceed thirteen (13) weeks, not including the annual transition period. Seniority The following rules shall apply to the calculation of seniority: a) Full-time employees shall accumulate seniority on the basis of years, months and days of employment since last date of hire. b) Part-time and casual employees, as well as those on fixedterm contracts, shall accumulate seniority on the basis of hours paid since last date of hire. 1,680 hours equals one (1) year of full-time employment c) Where the employment status of an employee changes, among full-time, part-time, fixed-term contract or casual positions, the employee shall retain her seniority hours attained at the date of transfer and shall accumulate future seniority hours in accordance with her new status.

23 20 d) Where an employee is initially hired into a non-permanent position, seniority shall accumulate but not be recognized until the employee attains permanent status. For clarity, this provision does not apply where a permanent employee accepts a fixed-term contractual position. In such an instance the seniority of that employee shall both accumulate and be recognized over the term of the contract. e) An employee who is transferred to a position outside the bargaining unit for: (1) a period of less than eighteen (18) months or such longer period as the parties may agree upon; or (2) a specific term of appointment, including temporarily replacing an employee outside the bargaining unit, shall retain but not accumulate seniority held at the time of transfer. In the event the employee is returned to a position in the bargaining unit within the time periods noted in 1 and 2 above she shall be credited with the seniority held at the time of transfer and shall resume accumulation from the date of her return to the bargaining unit. f) An employee who is working towards an ECE diploma will have her seniority hours recognized once she has completed her diploma if there has been no break in service. g) An employee will have no seniority rights during her probationary period. When an employee completes her probationary period, her seniority will date back to her date of hire. h) Seniority shall continue to accumulate while an employee is on an approved paid leave of absence and while on pregnancy, parental and adoption leave as per Article 22. i) An employee returning from an extended approved unpaid leave of absence shall be credited with the amount of seniority she had when she left, plus the seniority that she would have otherwise accumulated for a maximum of the first thirty (30) days of the absence. j) Seniority shall continue to accumulate while an employee is on a short-term layoff. k) Seniority shall continue to accumulate while an employee is on a layoff equal to or longer than thirteen (13) weeks provided that the reason for the length of the layoff is changes

24 21 in staffing as a result of the annual transition period and the layoff does not exceed twelve ( 12) months Seniority lists will be maintained and posted on designated union spaces. The list shall be updated every April and November and a copy of the list shall be supplied to the union at the time of the posting and following any subsequent revision. If the employee does not challenge the position of her name on the list within twenty (20) working days of the list being posted then the list will be deemed to reflect the correct seniority standing 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 an approved leave of absence unless a reason is provided that is acceptable to the employer; d) in the event of a short-term layoff, fails to confirm with the employer, by telephone and within seven days of receiving notice of recall by telephone, that she will be returning; e) in the event of a layoff other than a short-term layoff, fails to confirm with the employer, by expresspost and within seven days of receiving notice of recall by expresspost, that she will be returning; f) fails to report to work after being recalled without, prior to the recall date, providing a reason for not returning that is acceptable to the employer; g) is absent from work for three (3) consecutive days without providing a reason acceptable to the employer; h) is laid off for a period in excess of twelve (12) months;

25 22 Layoff and Recall i) uses a leave of absence for a purpose other than that for which it was granted; or j) is working towards an ECE diploma and fails to meet the minimum course requirements as determined by the employer, unless a reason is provided that is acceptable to the employer Where an employee who works in a ten-month position has been laid off for the summer period, that employee may, at her option, notify the employer in writing of her desire to be placed on the casual list for work at the twelve-month sites throughout her layoff. Employees on layoff from ten-month positions, and who have so indicated a desire to work at the twelve-month sites, will be offered casual hours before other employees on the casual list and will be paid at the casual rate of pay if working in a casual capacity or at the enhanced rate of pay if working in an enhanced capacity In the event of a layoff, the employer will provide the affected employees with two (2) weeks' advance notice (or more if possible) or pay in lieu of such notice or any combination thereof When an employee receives a notice of layoff a copy will be provided to the union steward In the event of a short-term layoff, the employee being laid off shall be entitled to accept the lay_gff and retain recall rights. ( In the event of,~ayoff othej than a short-term layoff, the employee being laid off shall be entitled to:, \ a) accept the layoff and retain recall rights; b) displace the permanent employee who has the least seniority of all permanent employees occupying similar positions to that

26 23 of the employee who has received the notice of lay-off and provided that the reason for the layoff being expected to exceed and/or actually exceeding thirteen (13) weeks is not changes in staffing as a result of the annual transition period ; or c) elect in writing to forego her recall rights, at any time within twelve (12) months of the notice of layoff, and receive termination pay equivalent to one (1) week's pay for every year of service completed prior to receiving the notice of layoff to a maximum of eight (8) weeks' pay. The rate of pay will be the rate which the employee was earning at the time of receipt of notice of layoff. Where an employee accepts the layoff and retains recall rights, and is not recalled to a permanent position within twelve (12) months, then she will receive termination pay equivalent to one (1) weeks' pay for every year of service completed prior to receiving the notice of layoff to a maximum of eight (8) weeks' pay. The rate of pay will be the rate which the employee was earning at the time of receipt of notice of layoff No employee shall be laid off other than on a short-term layoff unless all nonpermanent employees working in a contractual capacity and all probationary employees have been terminated first Employees who are laid off other than on a short-term layoff shall be placed on a recall list and shall retain but not accrue seniority for twelve ( 12) months. The employer shall recall employees in order of seniority for vacant bargaining unit positions for which those employees can perform the required work In the event of a short-term layoff, notice of recall shall be provided to the employee by telephone to the last known telephone number of the employee and at least fourteen (14) calendar days prior to the expected recall date. In the event of a layoff other than a short-term layoff, notice of recall shall be sent by expresspost to the last known address of the employee at least fourteen

27 24 (14) calendar days prior to the expected recall date, who shall respond to the recall notification by expresspost and within seven (7) calendar days It shall be the responsibility of the employee to keep the employer informed of the employee's current address and telephone number. If the employee fails to provide the employer with a current address and/or telephone number, then the employer will not be held responsible for a failure of any notice to reach an employee An employee who is recalled to a position with a lower rate of pay than the position which she occupied at the time of layoff shall be given the first opportunity to return to her former position A permanent employee who has accepted a fixed-term contractual position shall, at the end of that contract, be returned to her previous position No new permanent employee shall be hired until those employees laid off and placed on the recall list have been recalled or have elected to forego their recall rights If an employee receives termination pay or quits then her name will be removed from the recall list and the employer shall have no further obligation with respect to such employee An employee given notice of a layoff other than a short-term layoff will be provided with a "Record of Employment" confirming that the loss of employment is due to workforce reduction The employer agrees to advise the union, in advance if possible, if the employer is aware of any plans for reorganization that will result in layoffs other than short-term layoffs.

28 25 ARTICLE 17- PROBATIONARY EMPLOYEES All contract and prospective permanent employees shall be on probation until they have completed four hundred fifty-five (455) hours of work in those positions The standard of just cause for probationary employees shall be a lesser standard than for employees who have completed their probationary periods. The dismissal of a probationary employee shall not be the subject of a grievance and/or arbitration An employee shall only be required to serve one probationary period during her employment. ARTICLE 18- STAFFING The appointment or selection of employees for supervisory positions, or for any position not subject to the provisions of this agreement, is not governed by this agreement Employees may be required to relieve in any of the centres on a temporary basis When the employer determines that a permanent vacancy within the bargaining unit is required to be filled, or the employer creates a new permanent position within the bargaining unit, then such vacancy shall be posted by the employer at least five (5) working days prior to the vacant position being filled. The posting shall be by way of an notification for those employees who have provided addresses to the employer for the purpose of receiving these and other notifications. Employees are responsible for providing their current address to the employer for this purpose. Such notice shall include at a

29 26 minimum, the position, requirements and salary rate or range. A hardcopy of the notice will also be forward to the Union and/or Unit Steward. Applications for such vacancy shall be made in writing within five (5) working days that the position is posted. Internal applicants will be considered prior to considering external applications. Each applicant will be informed of the outcome of the job posting in writing within ten (1 0) working days of the decision having been made If there are no suitable internal applicants then the position will be advertised externally. At times due to time constraints, the internal and external advertising may be posted simultaneously. In this situation, the external applicants will not be considered until the internal applications have been considered Term vacancies in excess of six (6) months will also be posted. The employer shall be free to fill temporary vacancies, expected to be six (6) months duration or less, at its sole discretion When filling posted vacancies, the employer shall consider the following factors: (1) skill; (2) ability; and (3) qualifications. Where skill, ability and qualifications are considered by the employer to be relatively equal, seniority shall govern A permanent employee who has accepted a contractual position for the purpose of filling a term vacancy shall have the option of returning to her former position at the conclusion of the contract The employer shall maintain a supply list of casual employees who may be called to fill in for employees on an as-needed basis Any employee on the casual list who has been offered, but not consistently accepted, work within a two (2) month period shall be removed from the supply

30 27 list, unless she has been granted a leave of absence approved by the Executive Director Any casual employee who does not complete training or other job requirements of the employer shall be notified in writing of her obligation to do so and be given a date by which proof of such training or other job requirements must be provided. Failure to provide this proof by the required date will result in the employee being removed from the supply list Where the duties of a position are modified, or the employer creates a position to accommodate an employee with a disability, the position shall not be considered a vacancy that must be posted for the purposes of this Article Each employee must ensure that her immunization record is complete and up to date as required by the regulations made under the Chi/dcare and Early Years Act If the Medical Officer of Health recommends that any employee undergo a health assessment then the cost of any such assessment is to be borne by the employer The employer reserves the right to require an employee to undergo a complete physical assessment by a physician and to consent to the physician answering reasonable questions asked by the employer, if such is considered necessary by the employer in the circumstances. The cost of such an assessment will be borne by the employer All employees must show proof of current certification in Infant & Child CPR and Standard First Aid provided by an agency recognized by the Workplace Safety & Insurance Board. Registration fees for this training for permanent employees shall be paid for by the employer where the employer arranges the

31 28 training session and the employee attends such a session. Where the employee arranges and attends her own individual training session, she will be reimbursed upon receipt of proof that such costs were incurred All employees are required to show proof of a clear CPIC at the time of hire and thereafter as required. The cost of the CPIC for permanent employees will be reimbursed by the employer upon receipt of proof that such costs were incurred Employees who act as ECEs must maintain membership in good standing with the College of Early Childhood Educators. Any and all fees associated with maintaining such membership, including and registration fees, shall be borne by the employee. The responsibility for ensuring that membership is up to date and in good standing rests solely with the employee The employer retains the right to add or modify requirements relating to training and safety as required. ARTICLE 19- RESTRUCTURING In the event of reorganization or restructuring which may have a potential adverse effect on the members, the employer shall notify the union of such plans as soon as practicable after approval by the Board of Directors The parties shall then strike a Restructuring Committee with three (3) members and one (1) representative on staff of the union, for the union, and two (2) designees of the employer, one member of the Board of Directors, and legal counsel if so requested, for the employer The Restructuring Committee will: (a) identify and discuss alternatives to the restructuring or reorganizing plans;

32 29 (b) identify and discuss means by which affected employees could be assisted; and/or; (c) identify and discuss any articles in the collective agreement which require amendments and enter into an agreement effecting any agreed-to amendments. Any such agreement shall take precedent over this collective agreement In the event that the parties discuss amending the collective agreement under 3 (c) and reach an impasse as to which articles require amendment and/or how those amendments should be made, then one party may request mediation. Such request shall be made in writing and shall be accompanied by the names of three (3) proposed mediators. The other party shall respond within five (5) working days. Both parties will make best efforts to agree upon a mediator and the scheduling of such mediation. The expenses of the mediator shall be shared equally between the parties In the event that the mediation is unsuccessful, arbitration may be requested by either party and the process set out in Article 13 will be followed. ARTICLE 20 - HOURS OF WORK The normal work week for all full-time employees is Monday to Friday inclusive. The normal hours in that work week are seven (7) hours per day, thirty-five (35) hours per week, exclusive of any unpaid lunch break. These normal hours are subject to enrolment The normal hours for part-time employees are: a) in the before- and after-school sites, between three and a half (3.5) hours and seven (7) hours per day; and

33 30 b) where the employee is hired in the pre-school centres, those hours as are indicated on her offer of employment. These normal hours are subject to enrolment For all other employees, there is no guarantee of any hours of work per day or days per week. The actual hours of work will vary according to the hours that the centres are open, the needs as dictated by enrolment and the position that the employee is filling Employees who work more than five (5) consecutive hours are entitled to one unpaid half hour meal break. Child Care and Early Years Act ratios must be maintained when scheduling the meal break Full-time employees shall not work more than eight and a half (8.5) hours per day The scheduling of work is at the sole discretion of the employer Any employee on the casual list can be offered, and can accept, a shift of less than three (3) hours If an employee is called in to do casual work and the employer does not notify the employee that she is not needed at least ninety (90) minutes prior to the commencement of her shift then: a) where the employee was called into work at a pre-school centre for a shift of three (3) hours or more, the employee will be retained to work for three hours at her casual rate of pay if working in a casual capacity or at the enhanced rate if working in an enhanced capacity;

34 31 b) where the employee was called into work for both the morning and afternoon shifts at a before- and after-school site, the employee will be retained to work only for the morning hours for which she was scheduled and at her casual rate of pay if working in a casual capacity or at the enhanced rate if working in an enhanced capacity; or ARTICLE 21 -OVERTIME c) where the employee was called into work for either the morning or the afternoon shift at a before- and after-school site, the employee will be retained to work for the hours for which she was scheduled at her casual rate of pay if working in a casual capacity or at the enhanced rate if working in an enhanced capacity Overtime is defined as all hours that the employer requires the employee to work in excess of forty-four hours per week Except in the case of an emergency, all overtime shall be authorized and approved in advance by the Executive Director. Any emergency overtime shall be submitted to the Executive Director for approval within two (2) working days of the occurrence The union agrees that employees may have to stay late in order for parents to pick up their children and to maintain the required ratios under the Child Care and Early Years Act. When this occurs then the late payment fee paid by the parent will be paid directly to the employee(s) required to stay late and this time will not be considered overtime. The fee may be split between the employees if more than one employee is required to stay late in order to maintain the required ratios under the Child Care and Early Years Act. If the employee requests payment of the fee and the parent refuses such payment then the employee will notify the employer and the employer will bill the parent.