Collective Agreement. between. Ontario Public Service Employees Union on behalf of its Local 662. and. One Kids Place

Transcription

1 Collective Agreement between Ontario Public Service Employees Union on behalf of its Local 662 and One Kids Place DURATION: April 1, March 31, 2021 $/\. OPSEU 11/LJsEFPO Sector

2 1 TABLE OF CONTENTS ARTICLE 1-PURPOSE... 1 ARTICLE 2 - RECOGNITION... 1 ARTICLE 3 -DEFINITIONS... 1 ARTICLE 4 - NO DISCRIMINATION... 2 ARTICLE 5 - MANAGEMENT RIGHTS... 3 ARTICLE 6 -NO STRIKE OR LOCK-OUTS... 4 ARTICLE 7 - DUES DEDUCTION... 4 ARTICLE 8- UNION REPRESENTATION... 5 ARTICLE 9 - HEALTH AND SAFETY... 8 ARTICLE 10- GRIEVANCE & ARBITRATION PROCEDURE ARTICLE 11 -PERSONNEL FILE ARTICLE 12-SENIORITY AND SERVICE ARTICLE 13 _;HOURS OF WORK AND OVERTIME ARTICLE 14-POSTING & FILLIING OF VACANCIES, PROMOTIONS AND TRANSFERS ARTICLE 15 - JOB SECURITY - LAYOFF AND RECALL ARTICLE 16 -TECHNOLOGICAL & ORGANIZATIONAL CHANGE ARTICLE 17 - LEAVES OF ABSENCE ARTICLE 18-PROFESSIONAL DEVELOPMENT ARTICLE 19-PAID HOLIDAYS ARTICLE 20- VACATION ARTICLE 21 - SICK LEAVE ARTICLE 22 - EMPLOYEE BENEFITS ARTICLE23-EXPENSES ARTICLE 24 - WAGES ARTICLE 25 - GENERAL ARTICLE 26 - DURATION SCHEDULE A - WAGES SCHEDULE B - RELATED EXPERIENCE RATING SCHEDULE APPENDIX A - TABLE OF BENEFITS APPENDIX B - FLEX-TIME POLICY APPENDIX C - PREP AID LEA VE PLAN APPENDIX D - JOB SHARING Letter of Understanding #1 - Saturday Schedule Letter of Understanding #2 - Employee Assistance Program (EAP) Memorandum Of Agreement And Understanding #3 -Nipissing Association For Disabled Youth (NADY) Letter of Understanding #4 - Existing Sick Leave Banks Letter of Understanding #5 - Christmas Closure Letter of Understanding #6- Students Letter of Understanding #7 - Special Programs... 62

3 11 Letter of Understanding #8 - Change in Regularly Scheduled Hours Letter of Understanding #9 - Central Bargaining Letter of Understanding #10 -New Funding re Wages... 65

4 1 ARTICLE 1 - PURPOSE 1.01 The general purpose of this Agreement is to establish and maintain collective bargaining relations between the Employer and the employees covered by this Agreement; to provide for on-going means of communication between the Union and the Employer and the prompt disposition of grievances and the final settlement of disputes, and to establish and maintain mutually satisfactory salaries, hours of work and other conditions of employment in accordance with the provisions of this Agreement. It is recognized that the parties wish to work together to secure the best possible care and health protection for the clients. ARTICLE 2 - RECOGNITION 2.01 The Employer recognizes the Union as the sole and exclusive bargaining agent of all employees of One Kids Place in the Districts of Muskoka, Nipissing, Parry Sound and Timiskaming save and except Supervisors, persons above the rank of Supervisor, Administrative Assistants to Management, the Financial Officer, Nurses and students No Other Agreements No employees shall be required or permitted to make a written or verbal agreement with the Employer or his representative, which may conflict with the terms of this Collective Agreement. No offers of employment shall be permitted which may conflict with the terms of this Collective Agreement. ARTICLE 3 - DEFINITIONS 3.01 Whenever the feminine pronoun is used in this Agreement, it includes the masculine pronoun and vice versa where the context so requires. Where the singular is used, it may also be deemed to mean plural and vice versa The Employer acknowledges that the employees covered by this agreement fall within the following categories: Full time Permanent employees who are regularly scheduled for at least twentyeight (28) and up to thirty-five (35) hours per week.

5 2 Part time Permanent employees who are regularly scheduled for less than twentyeight (28) hours per week. Casual Employees who are not regularly scheduled who work on an occasional basis from time to time. The Employer has no obligation to offer work to casual employees and casual employees have no obligation to accept work from the Employer. Casual employees will not be eligible for the following articles: 15.04, 15.05, 15.06, 15.07, 15.08, 16, 17.05, (ESA applies), (ESA applies), b), 17.09, 1T.10, 18 (except 18.07), 21 and Article 22. Contract Employees who are hired for either: 1. a defined period of time for up to six (6) months unless otherwise agreed by the parties or, 2. for specific projects or, 3. as replacements for other employees who are on leave. Upon completion of the contract, such employee shall be deemed to be terminated. Contract employees will not be eligible for the following articles: 15.04, 15.05, 15.06, 15.07, 15.08, 16, (ESA applies), (ESA applies), b), 17.09, 17.10, 21 and Article 22. A full-time or part-time employee appointed to a contract position shall maintain her status. ARTICLE 4 - NO DISCRIMINATION 4.01 The parties agree that there will be no discrimination, interference, intimidation, restriction or coercion exercised or practised by any of their representatives with respect to any employee because of his membership or non-membership in the Union or activity or lack of activity on behalf of the Union or by reason of exercising his rights under the Collective Agreement It is agreed that there will be no discrimination or harassment by either party or by any of the employees covered by this Agreement on the basis of race, ancestry, place of origin, creed, colour, ethnic origin, citizenship, sex, sexual orientation, gender identity, gender expression, marital status, age, same-sex

6 3 partnership status, family status or disability or any other factor which is not pertinent to the employment relationship Every employee who is covered by this agreement has a right to freedom from discrimination or harassment in the workplace in accordance with the Ontario Human Rights Code and the Occupational Health and Safety Act The Employer and the Union recognize their joint duty to accommodate employees in accordance with the provisions of the Ontario Human Rights Code. ARTICLE 5 - MANAGEMENT RIGHTS 5.01 The Union recognizes and acknowledges that the management of its facilities and direction of the working forces are fixed exclusively with the Employer and without limiting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Employer to: a) maintain order, discipline and efficiency and in connection therewith to make, alter and enforce from time to time "reasonable" rules and regulations, policies and practices to be observed by its employees, discipline or discharge for just cause employees who have completed the probationary period and have acquired seniority: b) select, hire, transfer, promote, demote, classify, lay-off, recall, or select employees for positions excluded from the bargaining unit; c) determine the location of operations, and their expansion or their curtailment, the direction of the working forces, the schedules of operations, determine the methods and processes to be employed, job content, quality and quantity standards, the establishment of work or job classifications; change, combine or abolish job classification; determine the qualifications of an employee to perform any particular job; the nature of the equipment to be used, and the methods or processes to be used, decide on the number of employees needed by the Employer at any time; the number of hours to be worked; starting and quitting times; when overtime shall be worked and require employees to work overtime; the determination of financial policies including general accounting procedures and client relations; d) have the sole' and exclusive jurisdiction over all operations, buildings and equipment.

7 4 e) establish and revise operational/administrative policies and procedures and to provide Employees with notice of such. The Employees have a responsibility to make themselves aware of the content of the policies and procedures The Employer agrees that it will not exercise its functions in a manner inconsistent with the provisions of this Agreement, and the express provisions of this agreement constitute the only limitations upon the Employer's rights. Any exercise of these rights in conflict or inconsistent with the provisions of this Agreement shall be subject to the provisions of the grievance procedure set forth in Article 10. ARTICLE 6 - NO STRIKE OR LOCK-OUTS 6.01 There shall be no strikes or lock-outs for the term of this agreement as provided in the Ontario Labour Relations Act. ARTICLE 7 - DUES DEDUCTION 7.01 The Employer will deduct from each employee in the bargaining unit an amount equal to the regular monthly union dues designated by the Union commencing from the first day of employment. The amount of regular monthly dues shall be as certified to the Employer by the Treasurer of the Union from time to time. In addition, the Employer shall deduct union dues from any retroactive wage payments. The amounts so deducted shall be remitted by the Employer to the Accounting Department at OPSEU, 100 Lesmill Road, Toronto, Ontario M3B 3P8 no later than the 15th of the month following the month in which such deductions were made. In remitting such dues, the Employer shall provide a list of the employees from whom deductions were made, including their job title and status (i.e., full-time, permanent part-time, casual, contract or on leave of absence greater than thirty (30) days). A copy of this list will be forwarded to the Local Union The Employer agrees to give each person in the bargaining unit a T-4 slip for income tax purposes showing the amount of dues deducted and shall give it to each person in the bargaining unit on time for inclusion in their income tax return The Union will advise the Employer in writing of the amount of its regular dues. The amounts specified shall continue to be deducted until changed by further written notice to the Employer. The Union will make a reasonable effort to provide the Employer with a minimum of one (1) month advance notice.

8 The Union agrees to save the Employer harmless and to indemnify the Employer with respect to any claim made against the Employer by any employee or group of employees arising out of the deduction of union dues as herein provided. ARTICLE 8 - UNION REPRESENTATION 8.01 Union Stewards a) The Employer agrees to recognize Union Stewards elected or appointed from among the Employees in the Bargaining Unit as follows: Nipissing District - 2 Parry Sound District - 1 Muskoka District - 1 Timiskaming District - 1 The Union will endeavour to elect or appoint stewards from the geographic areas listed above, but should there not be any available candidates within the geographic areas, the Union may elect or appoint from alternate areas; but at no time will the total exceed the numbers above. The Union shall inform the Employer of the elected stewards. b) The duty of the stewards shall be to represent employee(s) and to process grievances or complaints as outlined in the grievance procedure of this Agreement. c) The Union acknowledges that the stewards have regular duties to perform on behalf of the Employer. Such persons shall not leave their regular duties without receiving permission from their supervisor. Such permission shall not be withheld unreasonably. d) Meetings involving grievances or complaints shall be at times and places agreed to between the Union and the Employer. A union steward shall suffer no loss of earnings for time spent in performing the above duties during her regular scheduled working hours Negotiating Committee a) The Employer agrees to recognize the negotiating committee comprised of a Union staff person plus three (3) representatives who shall be elected or appointed from amongst the employees in the bargaining unit for the purpose of negotiating the Agreement or its renewal. For the time spent in negotiations, up to and including conciliation, the employees' salary,

9 6 credits and applicable benefits shall be maintained by the Employer. Every effort will be made to have representation on the bargaining team from three out of the four Districts. b) The Employer shall make a reasonable effort to release negotiating team members from duty for preparation time to prepare for bargaining. The Employer will pay the employee benefits and salary during such leave and will be reimbursed for the employees' wages by the Union Labour-Management Committee a) The parties mutually agree that there are matters that would be beneficial if discussed at a Labour-Management Committee Meeting during the term of this Agreement. b) It is agreed that a joint committee will be established with three (3) representatives of the Union and three (3) representatives of the Employer. It is preferred that meetings proceed with an equal number of representatives. Meeting should proceed if each party has a minimum of two (2) representatives. c) The Committee shall meet at the request of either party to discuss matters of concern at a mutually-agreed time and place. The Committee shall meet quarterly, unless agreed otherwise. Each party shall notify the other party of the proposed agenda items one (1) week in advance of the meeting. The chairperson of the committee shall be selected by the Employer for the first meeting during the term of this Collective Agreement and thereafter shall alternate between a Union member and an Employer member. It is agreed that matters subject to discussion include, but are not limited to: The application of the Agreement, including work schedules; Clarification of procedures or conditions causing misunderstandings or grievances; Other matters which are mutually agreed upon. d) The purpose of the Labour-Management Committee is to discuss items of concern to management or employees. The committee shall not have the power to alter, amend or modify the specific terms of the Agreement. e) Employees serving on the Labour-Management Committee shall not lose regular wages, benefits and credits for time spent attending meetings of the Committee.

10 7 f) Labour management committee minutes will be posted throughout the workplace in a manner agreed to by both parties. g) Information to Union The Union shall be notified of all bargaining unit hirings, layoffs, recalls, terminations and transfers outside of the bargaining unit. Such information will be provided through monthly remittances of union dues, with copy of such information to the Chief Steward. h) Part Time/Casual/Contract Utilization Information The Employer agrees to supply the local union with part-time/full-time, casual and contract hours utilization by department, at the time specified for the posting of seniority lists. The parties may discuss part-time/full-time/casual/contract utilization through the Labour-Management Committee. The Employer agrees to consider Union proposals for alternate distribution of hours between parttime and full-time. The Union recognizes the Employer's right to determine such utilization. i) Professional Responsibility The parties have a mutual interest in the provision of quality client care. Therefore, where an employee, or group of employees, covered by this agreement and governed by an Ontario College under the Health Disciplines Act, have cause to believe that they are being asked to perform more work than is consistent with proper client care, it is agreed by the parties that such workload problems may be discussed by the Labour Management Committee. Such complaint must be filed in writing to the immediate supervisor, Director of Clinical Services, Director of Human Resources and the Chief Steward within ten (10) calendar days of becoming aware of the alleged improper assignment. If necessary, the aforementioned individuals will convene a meeting within ten (10) calendar days of the submission of complaint to discuss solutions to the issue Employees shall have the right to the assistance of a Union Steward and/or an OPSEU Staff Representative under the following circumstances: return to work, accommodation, discipline. The Union agrees that the exercise of this right shall not interfere with the Employer's operation List of Union Representatives The Union agrees to provide and maintain an up-to-date list of all Union Representatives (including Union Stewards, Union Executive, Labour-

11 8 Management Committee, Joint Health & Safety Committee and Negotiating Committee) to the Executive Director or designate. The Employer shall only be required to deal with those employees identified on the list supplied by the Union Copies of the Agreement The Employer and the Union desire all parties to be familiar with the provisions of this Agreement and the rights and obligations under it. For this reason, the parties shall share equally the cost of printing and distribute sufficient copies of this Agreement to all parties, OPSEU is committed to having the Collective Agreement printed through its print shop New Employee Interview All new employees will have the opportunity to meet with a representative of the Union in the employ of the Employer for a period of up to thirty (30) minutes during the employee's probationary period without loss of regular earnings. The employee will be given a copy of the collective agreement. The purpose of such meeting will be to acquaint the employee(s) with such representative of the Union and the collective agreement. These interviews will be scheduled in advance Bulletin Board The Employer will provide one (1) bulletin board in all work sites for the purpose of posting notices regarding meetings and other matters of Union business. Notices must be approved by the Employer. Such approval will not be unreasonably denied. ARTICLE 9 - HEAL TH AND SAFETY 9.01 a) The Employer and the Union agree that they mutually desire to maintain standards of health and safety in the agency, in order to prevent accidents, injury and illness. They will work collaboratively to meet all of its requirements under the Occupational Health and Safety Act and its amendments as prescribed within Bill 168. b) Recognizing its responsibilities under the applicable legislajion, the Employer agrees to accept as a member of its Occupational Health and Safety Committee, at least one (1) representative from each district from the bargaining unit.

12 9 c) Such Committee shall identify potential dangers and hazards, institute means of improving health and safety programs, and recommend actions to be taken to improve conditions related to Occupational Health & Safety. d) The Employer agrees to cooperate reasonably in providing necessary information to enable the Committee to fulfill its functions. e) Meetings shall be held quarterly, or more frequently at the call of the Chair, if required. The Committee shall keep minutes of all meetings and make the same available for review. f) All time spent by a member of the Occupational Health & Safety Committee attending meetings of the Committee and carrying out her duties, shall be deemed to be time worked for which she shall be paid by the Employer at her regular or premium rate, as may be applicable, and she shall be entitled to such time from her work as is necessary. g) Where the agency identifies high risk areas where employees are exposed to infectious or communicable diseases for which there are available non-experimental/trial medications, such medications shall be provided at no cost to the employee. h) Employees will be given protective clothing as needed and determined by the Employer Hepatitis B Vaccine Where the Employer identifies high risk areas in consultation with the JHSC where employees are exposed to Hepatitis B, the Employer will provide, at no cost to the employees, a Hepatitis B vaccine Influenza Vaccine The parties agree that influenza vaccinations may be beneficial for clients and employees. Vaccinations are not mandatory; however employees shall be required to submit proof annually as to whether or not they have received the vaccination. The Employer will make a reasonable effort to facilitate access to the flu vaccination on site Harassment and Violence in the Workplace a) The Employer agrees that it shall make reasonable provisions to ensure that employees have the right to be free from harassment and workplace violence. The Employer and the Union agrees that they shall cooperate to

13 10 the fullest extent possible to ensure that the workplace is harassment and violence free. b) Harassment Workplace harassment, including sexual harassment, means "engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known to be unwelcome." Workplace harassment may include bullying, intimidating or offensive jokes or innuendos, displaying or circulating offensive pictures or materials or offensive or intimidating phone calls. c) Management pledges to investigate and deal with all incidents and complaints of workplace violence and harassment in a fair and timely manner, respecting the privacy of all concerned as much as possible. d) Workplace Violence Workplace violence means the exercise, or attempted exercise, of physical force by a person against a worker, in a workplace, that causes or could cause physical injury to the worker. Workplace violence also means a statement or behaviour that it is reasonable for a worker to interpret as a threat to exercise physical force against the worker, in a workplace, that could cause physical injury to the worker. e) It is understood that incidents of workplace harassment and violence can occur at off-site workplace locations. f) The parties agree that such incidents will not be condoned. An employee who believes he/she has been subjected to such an incident shall report this to a Supervisor who will follow the policies and procedures in order to ensure safety of the worker. g) The Employer agrees to consult with the Joint Health and Safety Committee concerning workplace violence/harassment. Policies and procedures shall be communicated to all employees Inclement Weather The Employer will not require the employee to drive when driving conditions are hazardous or when roads are closed. ARTICLE 10 - GRIEVANCE & ARBITRATION PROCEDURE Any dispute involving the application, interpretation, administration, or alleged

14 11 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 a grievance as quickly as possible Employees shall have the right, upon request, to the presence of a Union Steward at any stage of the grievance procedure, including the complaint stage, or at any time when formal discipline is imposed. The Employer agrees that it will not discipline an employee past probation without just cause It is the mutual desire of the parties that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until she has first given her immediate supervisor the opportunity of adjusting her complaint. Such complaint shall be discussed with her immediate supervisor within ten (10) calendar days from the event giving rise to the grievance, or from when the employee should have reasonably become aware of the event giving rise to the grievance. If the complaint is not settled, it shall then be taken up as a grievance within ten (10) calendar days following her immediate supervisor's decision in the following manner and sequence: Step 1 The employee must submit the grievance through the Local Union, signed by the grievor and the Unit Steward, or designate, to the grievors's immediate supervisor within ten (10) calendar days of the decision at the complaint stage. The employee may be accompanied, if he so desires, by his union steward. The grievance shall identify the nature of the grievance, the remedy sought, and should specify the provisions of the Agreement which are alleged to have been violated. The immediate Supervisor shall give the grievor her decision in writing within ten (10) calendar days of the submission of the grievance Step 2 If the grievance is not resolved at Step 1, the grievor may submit the grievance to the Executive Director, or her designee, within ten (10) calendar days following the decision in Step 1. The Executive Director, or designate, shall hold a meeting with the grievor and her union representative at a mutually agreeable time within fifteen (15) days of receipt of the request. The Executive Director shall deliver her decision in writing within ten (10) calendar days of the meeting. If the grievance is not resolved at Step 2, the grievor may submit her grievance to arbitration as set out below Discharge, Discipline. Suspension Grievances a) A claim by an employee past probation who has been discharged, disciplined or suspended, that the discharge, discipline or suspension was

15 12 without just cause, shall be treated as a grievance if the written statement is lodged with the Employer within ten (10) calendar days of the discharge, discipline or suspension. Such grievance shall commence at Step 2 of the grievance procedure as herein provided. Such grievance may be settled by confirming the Employer's action in discharging, disciplining or suspending the employee, or by reinstating the employee with appropriate compensation or by any other arrangement which is acceptable to the parties, or, if necessary, an Arbitrator or Board of Arbitration. b) Layoff Grievance An employee grieving their layoff or failure to recall from layoff shall initiate her grievance at Step 2 of the grievance procedure. Such grievances must be submitted within ten (10) calendar days after the layoff or failure to recall from layoff Policy Grievance Both the Union and the Employer shall have the right to file a policy grievance based on a dispute arising out of the application, interpretation, or alleged violation of this Agreement. A policy grievance shall be presented, in writing, to the OPSEU Staff Representative or the Executive Director or their designates as the case may be, at Step 2 of the grievance procedure. Such grievances must be submitted within ten (10) calendar days after becoming aware of the possible contravention of the Collective Agreement or the incident giving rise to the grievance Group Grievance In the event that more than one (1) employee is directly affected by one specific incident or circumstance and such employees would be entitled to grieve, a group grievance shall be presented in writing by the Union signed by such employees to the Executive Director, or her designate, at Step 2 of the grievance procedure. Such grievances must be submitted within twenty (20) calendar days after the incident giving rise to the grievance. The grievance shall then be treated throughout the balance of the grievance procedure as a single grievance. Up to three (3) grievors of the group shall be entitled to be present at all steps, unless otherwise mutually agreed Failing settlement under the foregoing procedure, any grievance, including a question as to whether the grievance is arbitrable, may be submitted to arbitration. If no written request for arbitration is received within twenty (20) calendar days after the decision under Step 2 is given, the grievance shall be deemed to have been abandoned.

16 All agreements reached under the grievance procedure between the representatives of the Employer, the representatives of the Union and the grievor(s) will be final and binding upon the parties The time limits set out in this Article are mandatory and failure to comply strictly with such time limits, except by the written agreement of the parties, shall result in the grievance being deemed to have been abandoned The employee has the right to be accompanied and represented by a Union representative at all meetings in the grievance/arbitration procedure When either party requests that any matter be submitted to arbitration as provided in Article 10.09, it shall make such request in writing addressed to the other party to this Agreement, and at the same time identify a choice for a sole arbitrator. Within ten (10) calendar days thereafter, the other party shall identify its' choice of a sole arbitrator. The parties may confer in an effort to seek agreement on a sole arbitrator, or where there is no agreement within an additional period of twenty (20) calendar days, the Minister of Labour for the Province of Ontario shall have the power to make such appointment upon application thereto by the party invoking the arbitration procedure. Where a party prefers to use a full panel for arbitration, each side as noted above shall identify a nominee to the panel and they shall attempt to agree upon a Chair of the Arbitration Board. If they are unable to agree upon such Chair within a period of twenty (20) calendar days, they shall then request the Minister of Labour for the Province of Ontario to appoint a Chair Notwithstanding the time limits as set out herein, in the interest of bringing the matter to an expeditious conclusion, where the decision- or response is provided in less than the number of days provided above, any subsequent response will measure from the receipt of the response No person may be appointed as an arbitrator who has been involved in an attempt to negotiate or settle the grievance, except as herein provided No matter may be submitted to arbitration which has not been properly carried through all requisite steps of the grievance procedure No Arbitrator or Arbitration Board shall be authorized to make any decision inconsistent with the provisions of this Agreement, or to alter, modify, add to or amend any part of this Agreement The proceedings of the Arbitration Board will be expedited by the parties. The decision of the majority, and where there is no majority, the decision of the Chair, will be final and binding upon the parties hereto and the employee(s).

17 Each of the parties will bear the expense of its nominee, and the parties will share equally the fees and expenses of the sole Arbitrator or the Chair of the Arbitration Board. ARTICLE 11 - PERSONNEL FILE An employee shall be entitled to view the entire contents of her personnel file in the presence of the Manager Human Resources and Health Care Records or designate. An employee has the right to copies of any evaluations in her file Any disciplinary letter verifying reprimand, suspension or other sanction for any minor infraction shall be removed from the record of an employee eighteen (18) months following the receipt of such letter, suspension or other sanction provided that such employee's record has been discipline free for one (1) year A copy of each performance appraisal shall be given to an employee and a copy shall be placed on his or her file An employee who objects to her performance appraisal may elect to attach a statement to the document setting out the details of and reasons for those objections and/or file a grievance at Step 2 of the grievance procedure The Employer shall provide an employee with written reasons for any disciplinary action. Any reply by the employee shall become part of the employee's record. ARTICLE 12 - SENIORITY AND SERVICE Seniority shall be determined in the following manner: Full-time Part-time Casual the length of continuous service in the bargaining unit, since her last date of hire, subject to Articles and the number of hours worked in the bargaining unit calculated on a pro rata basis since her last date of hire. For the purposes of this calculation, a part-time employee must work 1820 hours to earn one (1 )year of seniority. Casual employees will not accrue seniority. A casual employee who is the successful applicant for a permanent

18 15 position while employed as a casual employee will be given credit for the hours worked based upon the following formula: the number of hours worked in the bargaining unit calculated on a pro rata basis since her last date of hire. For the purposes of this calculation, a casual employee must work 1820 hours to earn one ( 1) year of seniority. Contract Contract employees will not accrue seniority. A contract employee who is the successful applicant for permanent position while employed as a contract employee will be given credit for the hours worked in the present contract position as seniority upon completion of the probationary period for the new position. For the purposed of this calculation, a contract employee must work 1820 hours to earn one (1) year of seniority Probationary Period All new employees hired into a permanent position shall be considered on probation for a period of up to six hundred (600) hours of work. An employee will acquire seniority status upon completion of the probationary period, computed from the employee's most recent hire date. A probationary period may be extended for an additional period of three (3) months, upon mutual consent of the parties. Once an employee has completed their probationary period they will be notified of such by the Employer The Employer shall maintain a separate seniority list for the full-time and parttime employee categories, showing the date of each employee's seniority. Up-to-date seniority lists shall be sent to the Union and posted on all bulletin boards in January of each year Seniority and service shall be retained by an employee in the event she is transferred from full-time to part-time or vice versa. An employee whose status is changed from full-time to part-time shall receive credit for her seniority and service on the basis of 1820 hours worked for each year of fulltime seniority and service. An employee whose status is changed from parttime to full-time shall receive credit for her seniority and service on the basis of one (1) year of seniority and service for each 1820 hours worked Effect of Absence Seniority shall be retained and accumulated by an employee under the following circumstances: a) when on an approved leave of absence with pay

19 16 b) when on pregnancy, parental or family medical leave or any other leave covered under the ESA c) approved leave of absence without pay, including union leave, for a maximum of one (1) month in any calendar year d) when on prepaid leave e) when on STD or LTD If any provision in this Article is found to conflict with the Ontario Human Rights Code, the parties shall amend this Article to the extent required. Seniority shall be retained, but not accumulated under the following circumstances: a) when on recall for a maximum of eighteen (18) months b) on approved leave of absence without pay for a period of longer than one (1) month Loss of Service and Seniority Seniority and service, once established for an Employee, shall be deemed to be terminated under the following conditions: a) if she voluntarily quits; b) if she retires; c) if she is discharged for just cause and not reinstated through the Grievance Procedure; d) if she fails to report for duty after a lay-off or leave of absence in accordance with the provisions of this Agreement; e) if eighteen (18) months have elapsed from the day of lay-off; f) if she is absent from work for more than two (2) scheduled working days without notifying the Employer and without a reason satisfactory to the Employer; g) if she uses a leave of absence for purposes other than that for which it was granted; h) if she fails to return to work upon termination of an authorized leave of

20 17 absence without a reason satisfactory to the Employer Retention & Accumulation of Seniority on Transfer Outside Bargaining Unit An employee who is transferred to a position outside the bargaining unit for a period of up to twelve (12) months shall retain her seniority acquired at the date of leaving the unit but will not accumulate any further seniority. In the event the employee returns to the bargaining unit within twelve (12) months 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. The twelve (12) month period may be extended by mutual agreement between the Employer and the Union It shall be the duty of the employee to notify the Employer in writing promptly of any change in address. ARTICLE 13 - HOURS OF WORK AND OVERTIME The following paragraphs are intended to define the normal hours of work and shall not be construed as a guarantee of employment, hours of work per day, or per week or of days of work per week or of overtime. Full-Time A normal work day shall be composed of seven (7) consecutive hours per day excluding a one (1) hour unpaid meal break. The normal work schedule shall be composed of an average of 56 up to 70 hours bi-weekly. Part-time A normal work day shall be composed of up to seven (7) consecutive hours per day excluding a one (1) hour unpaid meal break. The normal work schedule shall be composed of up to 55 hours bi-weekly. Notwithstanding the normal hours for full-time and part-time employees, the Employer and employee may mutually agree to flex the normal hours of work as per Appendix B provided that such daily hours are limited to no more than twelve (12) hours of work per day and no more than 140 hours in two (2) consecutive pay periods. Those flex hours will become the normal hours for the purpose of overtime with no premiums. The parties agree other arrangements regarding hours of work may be

21 18 entered into regarding Job Sharing (Appendix D) as set out in the collective agreement Paid Rest Period All Employees shall be entitled to one fifteen (15) minute paid rest period for each three and one half (3%) consecutive hour period worked Reimbursement for Overtime a) Reimbursement for authorized overtime shall be paid at the rate of one and one-half (1 %) times the employee's regular hourly rate of pay for every authorized hour worked: i) in excess of seventy (70) hours bi-weekly. ii) on Sunday. b) Reimbursement for authorized overtime on a statutory holiday shall be paid as per Article of the collective agreement. c) The employer and employee shall mutually agree to the option of electing payment at the applicable overtime rate or time off equivalent to the applicable overtime rate. d) An employee who is called back to work outside the employee's regular working hours without prior authorization shall be reimbursed for a minimum amount of three (3) hours at the appropriate overtime rate or one (1) hour if the call back can be handled by telephone. The employee shall have the option of electing payment at the applicable call back rate or time off equivalent to the applicable call back rate. e) Time off in lieu of overtime or call back pay shall be taken in three blocks, by March 31, September 30 and by December 31 of each calendar year. In the event that the employee does not request such time off then such time off must be taken at a time mutually agreeable to both parties. In the event that both parties can't agree to a mutual time the Employer shall schedule such time off at its discretion within the same identified time frame. It is understood that all time worked which is eligible for banked time must be approved As far as practical, overtime and call back time shall be divided equitably among employees normally performing the work to be done who are qualified to perform the available work.

22 19 ARTICLE 14 - POSTING & FILLllNG OF VACANCIES. PROMOTIONS AND TRANSFERS All cases of filling vacancies or promotions shall be based on the following factors: a) seniority; and b) skill, qualifications and ability to perform the requirements of the position. Where the qualifications in factor (b) are relatively equal, seniority shall govern When the Employer intends to fill a permanent vacancy, new position inside the bargaining unit, or a temporary vacancy or contract of six (6) months or more, the Employer shall post notice of the position on the bulletin boards at each work site and provide a copy to the local union. The notice shall be posted for a period of not less than ten (10) calendar days Such notice shall contain, for information purposes only, which is not to be changed, without cancellation or re-posting, during the recruitment period: i) the job title ii) the potential work location(s) for the position iii) the reporting line and supervisory structure iv) the status of the job, i.e. full-time, part-time, casual or contract. Postings for contract jobs should state the start and end dates. v) the hours of work and rate of pay for the job, including salary progression vi) the qualifications and experience required to perform the job vii) a description of the nature of the job Applicants from within the bargaining unit shall be given first consideration for the position. Where there are no applications from within the bargaining unit who are qualified to perform the required work, the Employer may hire applicants from outside the bargaining unit Each applicant from within the bargaining unit who receives an interview will be informed of the outcome of the job competition within ten (10) calendar days of the final decision being made A successful applicant from within the bargaining unit shall be placed on a trial period of up to three hundred (300) hours. In the event the successful applicant proves unsatisfactory in the position during the trial period; or if the employee does not wish to continue in the new job position; or if the employee is unable to perform the duties of the new job classification, she

23 20 shall be returned to her former, or a similar position, without loss of seniority Where an employee is temporarily assigned to a higher paying position within the bargaining unit, she shall receive the rate of the salary that will provide at least one (1) increment increase in salary. The foregoing shall not apply to assignments of less than three (3) working days. The employee will receive the higher rate from the commencement of the assignment, if the assignment is for more than three (3) working days On expiry of the temporary posting, the full-time or part-time employee shall return to her former position No employee will be permanently transferred without the utilization of the layoff procedure. The Employer will consider service delivery, employee preference and seniority, and other relevant legitimate business considerations for any temporary transfers. Expenses will be paid as per Article and All successful applicants or temporarily assigned employees shall receive within five (5) working days of the assignment, date of hire or promotion a complete job specification start date, end date and salary scale and location The Employer will not extend the duration of a defined period of time contract without informing the Union. If such an extension is anticipated to be six (6) months or more, it will be posted as per article No defined period of time contract will exceed 24 consecutive months without re-posting. ARTICLE 15 - JOB SECURITY - LAYOFF AND RECALL Contracting Out The Employer shall not contract out work exclusively performed by members of the bargaining unit if, as a direct result of such contracting out, a layoff of any full-time or part-time bargaining unit employee occurs. Contracting out is an appropriate agenda item for Labour/Management Committee. Work of the Bargaining Unit Supervisors or Managers excluded from the bargaining unit shall not perform duties exclusively performed by members in the bargaining unit if the performance of such work directly results in the layoff of full-time or part-time employee occupying a position in the bargaining unit.

24 A layoff is defined as a reduction in the regular hours of work of a full-time or part-time position, a permanent change in District, or an elimination of a fulltime or part-time employee occupying a position in the bargaining unit (not attrition). Those agreements covered under the "Letter of Understanding #8 Change in Regularly Scheduled Hours" are not considered lay-offs Notice to Union The Employer will make a reasonable effort to provide the Union with one (1) month's notice prior to issuing individual notice of permanent layoff to employees. If requested, the Employer will meet with the Union within the notice period to review the following: the reasons causing the layoff; possible alternatives to lay offs the method of implementation Layoff Procedure The provisions of this Article shall not apply to Casual and Contract employees. When the Employer decides to permanently lay off, the following procedures shall apply: a) Layoff shall be on the basis of seniority as defined in Article 12 subject to the remaining employees being qualified and able to perform the required work. Initially, the procedure shall be applied separately to full-time and part-time employees and initially the layoffs will be done by District location. b) Subject to the right of employees to elect voluntary exit opportunities, the least senior employees in the affected classification within the District will be the first to be laid off. c) An employee designated for lay off has five (5) calendar days to accept the lay off or displace the least senior employee in the same classification in the same District but different job status, or maintain the same job status in the same classification but bump the least senior employee in a different District. If there is no position available, the employee may then displace the least senior employee in the same classification in a different District, but with different job status.

25 22 d) If no position is available, the employee may displace the least senior employee in another classification provided she is qualified and able to perform the work as per the procedure in Article c). e) If after exploring the above procedures, the Union and Employer may agree to a layoff procedure different than what is described above Voluntary Exit Option a) Before any notices of lay-off are issued, the Employer will identify potential vacancies by canvassing employees in the bargaining unit in the affected classification within the appropriate District to determine whether any of those employees wish to voluntarily terminate employment with the Employer. b) The Employer will provide an irrevocable letter of intent to any interested employee. Employees wishing to take voluntary exit shall sign the irrevocable letter of intent within fourteen (14) calendar days. The letter of intent will be in effect for thirty (30) calendar days from the date of the letter. c) In the event that an employee(s) in the affected job classification within the appropriate District does wish to voluntarily terminate employment, the Employer will select that employee(s) for lay-off and the employee(s) will receive notice of lay-off and severance pay in accordance with Article 15. An employee may resign at anytime during the notice period and receive severance pay in accordance with Article 15. d) In the event that the numbers of employees in an affected job classification within the District location volunteering to be laid-off exceeds the number of employees to be laid-off, it is understood that the Employer will select the employees with the most seniority to be laid-off from among the volunteers Notice to Employee The Employer shall provide individual notice of layoff as per the Employment Standards Act, except that no employee shall receive less than six (6) weeks notice of permanent layoff. When the employee receives notice, she shall have five (5) calendar days in which to bump another employee or elect to be laid off. A copy of the layoff notice shall be given to the Union Severance Pay Employees will be provided with severance pay equivalent to one (1) week of

26 Recall pay per year of service calculated to the date worked in the final year of service to a maximum of twenty-six (26) weeks. No new employee shall be hired in the bargaining unit, until those laid off and placed on the recall list have had the opportunity to be recalled, as set out below: a) Employees laid off under Article 15 who retain recall rights shall be recalled on the basis of seniority to the first available new position or vacancy in the same or lower hourly rate to their last held classification, providing she possesses the qualifications and can satisfactorily perform the core duties and responsibilities of the job, and provided such vacancy occurs within eighteen (18) months of her layoff. b) Employees with recall rights will also be entitled to apply for vacancies as per Article 14. c) The Employer will provide a current recall list to the Labour-Management Committee on its request. d) When recalling an employee after lay-off, she shall be notified by registered mail or personally by telephone and allowed ten (10) working days to report for work from the date of delivery of the Notice of Registered Mail or receipt of the telephone notice, whichever occurs first, and, in the meantime, if an employee is recalled and is not immediately available for work, other employees in seniority standing shall be recalled but shall be temporarily employed until the senior employee reports within the ten working day period as outlined. e) An employee to whom a registered letter is sent or who is notified by telephone in accordance with this Article must contact the Employer within forty-eight hours of the time of delivery of the Notice of Registered Mail or receipt of the telephone notice, whichever occurs first, if she wishes the Employer to hold the job open for her for the full ten working day period. f) It shall be the employee's responsibility to keep the Employer notified as to any change of her address or telephone number so that they will be up to date at all times. g) If the employee is recalled, the employee's service and seniority from the original date of hire shall be counted as unbroken, but there shall be no accrual for service or seniority for the period on recall. h) If an employee chooses to retain recall rights, the employee's severance