/41\ OPSEU COLLECTIVE AGREEMENT 0'LJSEFPO. and BETWEEN ONTARIO PUBLIC SERVICE EMPLOYEES UNION ON BEHALF OF ITS LOCAL 262

Transcription

1 COLLECTIVE AGREEMENT BETWEEN ONTARIO PUBLIC SERVICE EMPLOYEES UNION ON BEHALF OF ITS LOCAL 262 and DAWN PATROL CHILD & YOUTH SERVICES INC. Duration: APRIL 1, MARCH 31, 2009 /41\ OPSEU 0'LJSEFPO Child and Youth Services Dawn Patrol Sector

2 INDEX ARTICLE 1 - PURPOSE... 4 ARTICLE 2 - RECOGNITION... 4 ARTICLE 3 - NO DISCRIMINATION... 5 ARTICLE 4- UNION SECURITY... 5 ARTICLE 5 - MANAGEMENT RIGHTS... 6 ARTICLE 6- UNION REPRESENTATION... 7 ARTICLE 7 - NO STRIKES, NO LOCK-OUTS... 9 ARTICLE 8 - GRIEVANCE PROCEDURE... 9 ARTICLE 9- ARBITRATION ARTICLE 10- POLICY AND GROUP GRIEVANCES ARTICLE 11 - DISCHARGE AND SUSPENSION CASES ARTICLE 12- TIME LIMITS ARTICLE 13- SENIORITY ARTICLE 14- LAYOFFS AND RECALLS ARTICLE 15- VACANCIES, PROMOTIONS AND TRANSFERS ARTICLE 16- JOB POSTING ARTICLE 17- LEAVES OF ABSENCE ARTICLE 18- BEREAVEMENT LEAVE ARTICLE 19- PAID JURY DUTY AND COURT WITNESS LEAVE ARTICLE 20- PREGNANCY AND PARENTAL (ADOPTION) LEAVES ARTICLE 21- EMPLOYEE PROTECTION ARTICLE 22- WAGES ARTICLE 23- PAID HOLIDAYS ARTICLE 24- VACATIONS WITH PAY ARTICLE 25 - HOURS OF WORK AND OVERTIME ARTICLE 26- SICK LEAVE ARTICLE 27 - HEALTH BENEFITS ARTICLE 28 -GENERAL ARTICLE 29- STAFF DEVELOPMENT ARTICLE 30 - BULLETIN BOARDS UncontrollJ!~tY11.Ji ~1_zol?.fi~$QHH~fli..ES

3 3 ARTICLE 32- TERMINATION OF EMPLOYMENT ARTICLE 33- DURATION OF AGREEMENT SCHEDULE "A"- WAGES SCHEDULE "B"- PART -TIME EMPLOYEES SCHEDULE "C" - RELIEF EMPLOYEES SCHEDULE "D" - REACH WORKER POSITION LETTER OF UNDERSTANDING #1 -ADDITIONAL SHIFTS/OVERTIME LETTER OF UNDERSTANDING #2- NEW FUNDERIIMPACT LETTER OF UNDERSTANDING #3- TEMPORARY PROGRAMS LETTER OF UNDERSTANDING #4- FEE-FOR-SERVICE WORK LETTER OF UNDERSTANDING #5- BENEFITS & RRSP...48 LETTER OF UNDERSTANDING #6 - GENDER-BASED SCHEDULING LETTER OF UNDERSTANDING #7- RESIDENTIAL ON-CALL ROSTER LETTER OF UNDERSTANDING #8- PROFESSIONAL DEVELOPMENT LETTER OF UNDERSTANDING #9- GOVERNMENT FUNDING LETTER OF UNDERSTANDING #10- BENEFITS ADVISORY COMMITTEE.. 53 LETTER OF UNDERSTANDING #11 -VOLUNTARY SHIFT EXCHANGE... 54

4 4 ARTICLE 1 - PURPOSE 1.01 The general purpose of this Agreement is to establish and maintain collective bargaining relations between the Employer and its Employees, to provide machinery for the prompt and equitable disposition of grievances, and efficient operation of the Employer and to establish and maintain mutually satisfactory working conditions, hours of work and wages for all Employees who are subject to the provisions of this Agreement. ARTICLE 2 - RECOGNITION 2.01 The Employer recognizes the Union as the exclusive bargaining agent for all Employees of Dawn Patrol Child & Youth Services Inc. at Hamilton, save and except the Executive Director, Finance Manager, Director of Service, Office Manager, Program Managers and those above the rank of Program Manager A Full-Time Employee is one who works regularly scheduled full-time shifts and whose length of appointment is indefinite A Part-Time Employee is one who works a pre-determined schedule of hours not less than twenty-four (24) or more than thirty-six (36) hours per week A Relief Employee is one who works on a casual basis as called in to work by the Employer when needed and who owes no continuing employment commitment to the Employer nor the Employer to the Employee. The release or discharge of a Relief Employee shall not be the subject of a grievance under the Collective Agreement Part-Time Employees shall enjoy the equivalent pro-rated entitlements to leaves as Full-Time Employees. Part-Time and Relief Employees shall enjoy all rights and privileges of Full-Time Employees, subject to the other terms and limitations of the contract Part-Time Employees shall be covered by all Articles of this Agreement except where an alternate provision abridges their coverage in Schedule "B" hereto attached and which forms a part of this Agreement, or where specifically excluded from any provision.

5 5 ARTICLE 3- NO DISCRIMINATION 3.01 The Employer and the Union agree that there will be no intimidation, discrimination, interference, restraint or coercion exercised or practised by either of them or by any of their representatives or members because of any Employee's membership or non-membership in the Union or because of their activity or lack of activity in the Union The Employer and the Union agree that there shall be no discrimination or harassment against any Employee because of race, ancestry, place of origin, colour, ethnic origin, citizenship, nationality, creed, sex, sexual orientation, age, record of offences, marital status, same-sex partnership status, family status or disability in accordance with the Ontario Human Rights Code. The Employer recognizes its duty to accommodate Employees under the Ontario Human Rights Code. Where such a duty arises, the Employer will develop an appropriate accommodation plan with the Employee. The Employee may seek the assistance of the Union or such other person as he/she requires to assist him/her in evaluating and responding to the accommodation plan. ARTICLE 4 - UNION SECURITY 4.01 The Employer agrees to deduct as Union dues an amount indicated by the Union from each regular pay cheque of those Employees who are members of the Bargaining Unit from the first day of employment on. The Employer shall also deduct dues from any retroactive monies issued to such Employees. Deductions shall be forwarded to the head Office of the Union not later than the 15th of the following month, accompanied by a list of names and social insurance numbers of Employees from whose pay said deductions have been made The Union will advise the Employer in writing of the amount of its regular dues. The amount so advised shall continue to be deducted until changed by further written notice to the Employer The Union agrees to save the Employer harmless and to indemnify the Employer with respect to any claim made against the Employer by any Employee or any group of Employees arising out of the deduction of union dues ass/herein provided The Employer and the Union desire each Employee to be familiar with the provisions of this Agreement and her/his rights and obligations under it.

6 6 For this reason, the parties shall share the cost of printing and distributing sufficient copies of this Agreement to its Employees A new Employee will have the opportunity to meet with a representative of the Union in the employ of Dawn Patrol Child & Youth Services Inc. for a period of up to fifteen (15) minutes during the Employee's orientation period without loss of regular earnings. The purpose of the meeting will be to acquaint the Employee with such representative of the Union and the Collective Agreement The Employer agrees to include the annual total of dues deducted on each Employee's T -4 slip The Employer shall provide to the Union the home addresses and home telephone numbers of Employees in the Bargaining Unit on a semi-annual basis. ARTICLE 5 - MANAGEMENT RIGHTS 5.01 The Union recognizes and acknowledges that the management of the Employer's operations and direction of the Employees are fixed in the Employer and, without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Employer to: (a) maintain order, discipline and efficiency; (b) hire, promote, demote, classify, transfer, lay-off and suspend Employees; and to discipline or discharge any Employee who has acquired seniority provided that an Employee who has been discharged or otherwise disciplined without just cause, or improperly demoted or transferred, may be the subject of a grievance and dealt with ass/hereinafter provided; (c) determine the nature and kind of business conducted by Dawn Patrol, the kinds and locations of operations, equipment and material to be used, the control of materials and parts, the methods and techniques of work, the content of jobs, the schedules of work, the number of Employees to be employed, the extension, limitation, curtailment or cessation of operations or any part thereof; (d) to make, alter and enforce from time to time reasonable rules and regulations to be observed by Employees.

7 7 ARTICLE 6- UNION REPRESENTATION 6.01 The Employer agrees to recognize up to four (4) members of the Bargaining Unit as Stewards, one of which will be the Unit Steward, a Negotiating Committee which will consist of not more than four (4) Employees and an Employer/Employee Relations Committee which will consist of not more than four (4) Employees For the purposes of this Article, the name and position of each of the Committee members selected shall be given to the Employer in writing, and the Employer shall not be required to recognize any such Committee members until it has been notified The privilege of committee members to leave their work without loss of basic pay to attend to Union business is granted on the following conditions: (a) such business must be between the Union and the Employer, except for conciliation or arbitration proceedings; (b) the time shall be devoted to the prompt handling of necessary Union business; (c) an Employee shall not leave her/his regular duties in connection with the servicing of a grievance hereunder until s/he has first secured permission from the Program Manager or designate. Such permission shall not be unreasonably withheld. The Employee shall state her/his destination to the Program Manager or designate, and shall report again to the Program Manager or designate at the time of their return to work; (d) the Employer reserves the right to limit such time if it deems the time so taken to be excessive Employer-Employee Relations Committee (a) It is the expressed intent of the parties to this Agreement that an Employer-Employee Relations Committee be established to consult on matters of general and mutual interest. (b) The Committee shall meet at regular intervals, and/or at the initiative of either party. Agenda items may be advanced by any member of the Committee. (c) The chairing and the taking of minutes shall be rotated amongst the Committee members.

8 8 (d) The Committee shall deal with matters of general and mutual interest, including services to the public with the aim of preventing conditions which could lead to serious union-management problems. (e) The Committee shall not discuss matters that are properly the subject of a grievance or partake in negotiations for the purpose of amending or renewing this Agreement. For greater clarity, while the Committee shall consider and attempt to resolve all problems of mutual concern, it is understood that the Committee shall function in an advisory capacity only and shall have no power to alter, amend, add to or modify the terms of this Agreement. (f) The subject matter or conduct of the parties at the Employer Employee Relations Committee meetings shall not become the subject matter of any grievance, arbitration or complaint It is understood and agreed that either party may be represented or assisted by an outside representative at any meeting of the Committees listed in Article Health and Safety (a) It is the responsibility of the Employer to provide a safe and healthy working environment for all of its Employees pursuant to the Occupational Health and Safety Act and it is incumbent upon such Employees of the Employer to ensure that such an environment is maintained at all times. (b) The Employer and the Union shall in general, in any and all areas not otherwise covered by the Occupational Health and Safety Act, cooperate in improving adequate protection to Employees. (c) To this end, the Employer shall maintain a Joint Health and Safety Committee in accordance with provisions of the Occupational Health and Safety Act, 1978, amendments thereto and successors thereof. This Committee will consist of one (1) Employee from each of the Employer's facilities. (d) The Employer will pay the costs associated with the certified training of two (2) Union Committee members to a maximum of two (2) days per year per Employee, subject to any greater rights under the Occupational Health and Safety Act. Such training shall be provided by the Worker's Health & Safety Centre or other Unionendorsed facilities.

9 9 ARTICLE 7 - NO STRIKES, NO LOCK-OUTS 7.01 The Union agrees there shall be no strikes and the Employer agrees there shall be no lockouts as long as this Agreement continues to operate The terms "strike" and "lockout" shall bear the meaning given them in the Ontario Labour Relations Act. ARTICLE 8 -GRIEVANCE PROCEDURE 8.01 For purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to working conditions and the interpretation, application, administration or alleged violation of the Agreement, including any questions as to whether a matter is arbitrable It is the mutual desire of the parties that all complaints and grievances be adjusted as quickly as possible. It is understood that any Employee may present an oral complaint at any time to the Program Manager or designate without resorting to the grievance procedure below. Except where otherwise provided, it is understood that an Employee has no grievance unless and until the matter is first discussed with the Employee's Program Manager or designate. If upon the completion of said discussion the matter is not resolved, it may be grieved and disposed of in the following manner: Step 1 The Employee must submit a written grievance to the Program Manager or designate. The grievance shall specify the Article or Articles of which a violation is alleged and shall contain a statement of the facts relied upon and indicate the relief sought. Such grievance must be submitted within seven (7) working days of the Employee becoming aware of the occurrence of the event which gave rise to the grievance and must be signed by the Employee claiming to be aggrieved. The Employee may be accompanied by their Union Steward. The Program Manager or designate shall provide a response in writing within five (5) working days of the filing of the grievance at Step 1. Step 2 Failing settlement of the grievance at Step 1, or failure of the Program Manager or designate to submit the reply within the prescribed period, the Employee shall present the grievance in writing to the Executive Director with a copy to the President of the Board of Directors within five (5) working days (unless extended by agreement of the parties), from the time the reply is received or should have been received in Step 1.

10 10 The Executive Director shall have five (5) working days from the date of receipt to convene a meeting between the parties. The decision of the Employer shall be delivered in writing within ten (10) working days following the date of such a meeting It is understood and agreed that the grievor may be assisted by the OPSEU representative at Step 2 of the grievance procedure. It is further understood that the Executive Director or her/his designate may have counsel and assistance as s/he may desire at such meeting. ARTICLE 9 -ARBITRATION 9.01 Both parties to this Agreement agree that any dispute or grievance which has been properly carried through all the steps of the grievance procedure outlined in Article 8 and which has not been settled will, at the written request of either of the parties, within ten (1 0) working days of receipt of the reply at Step 2, be referred to a Board of Arbitration The Board of Arbitration shall be comprised of one (1) person appointed by the Employer, one (1) person appointed by the Union and a third person to act as a Chairperson chosen by the other two (2) members of the Board Within ten (10) working days of the request by either party for a Board, the other party shall notify the party requesting arbitration in writing of the name of its nominee. Should the other party fail to so notify within the time limits prescribed, the party giving notice of intent to process the grievance to arbitration shall apply to the Minister of Labour within five (5) working days requesting appointment of a nominee Should the person chosen by the Employer to act on the Board and the person chosen by the Union fail to agree on a third person within ten (10) working days of the notification mentioned in Article 9.03, within three (3) working days thereof the Minister of Labour of the Province of Ontario will be asked to nominate a person to act as Chairperson. Such request shall be made by the party wishing to further process the grievance For purposes of this Agreement, the decision of a majority is the decision of the Arbitration Board, but if there is no majority the decision of the Chairperson governs The Board of Arbitration shall not have any power to alter or change any of the provisions of this Agreement, or to substitute any new provisions, nor to give decisions inconsistent with the terms and provisions of this Agreement.

11 Each of the parties to this Agreement will pay the expenses of the nominee appointed by it, and the parties will jointly pay the expenses, if any, of the Chairperson No person who has been involved in any attempt to negotiate or settle the grievance shall be a member of the Board of Arbitration In the event that one party wishes to submit a grievance to arbitration and is content that the matter be dealt with by a sole arbitrator as opposed to a tripartite Board of Arbitration as referred to above, the party submitting the grievance to arbitration shall so signify when advising the other party and shall propose three (3) alternative choices to serve as sole arbitrator in addition to advising that party's nominee to a tripartite board. The recipient of the notice shall reply advising acceptance of one of the choices for sole arbitrator. If the parties cannot agree on a sole arbitrator within twenty (20) days of the notice of referral to arbitration, the regular tripartite arbitration process shall apply. ARTICLE 10- POLICY AND GROUP GRIEVANCES It is understood that the Employer may bring forward at any meetings held with the Union any complaint with respect to the conduct of officers, committee members or Union representatives and if such complaint by the Employer is not settled to the mutual satisfaction of the conferring parties it may be treated as a grievance and referred to arbitration in the same way as a grievance of an Employee Similarly, the Union shall have the right to process Policy grievances All Policy grievances shall be initiated in writing at Step 2 of the grievance procedure On mutual agreement of the parties, grievances arising out of the same matter may be consolidated as a "group grievance", and initiated at Step 2. ARTICLE 11 - DISCHARGE AND SUSPENSION CASES A claim by an Employee who has successfully completed the probationary period that they have been discharged or suspended without just cause shall be treated as a grievance if a written statement of such grievance is lodged with the Executive Director at Step 2 of the grievance procedure within seven (7) working days following the day on which the Employee was discharged or suspended.

12 12 Such grievance may be settled under the grievance or arbitration procedure by: (a) confirming management's action in dismissing or suspending the Employee; or (b) reinstating the Employee with full compensation for time lost; or (c) any other arrangement which is just and equitable in the opinion of the conferring parties. Accommodation/Return to Work A claim by an employee, who has been denied a request for accommodation or return to work, shall be treated as a grievance if the written statement is lodged with the employer within twenty (20) days of the denial of the request for accommodation or return to work. Such grievance shall commence at Stage 2 of the grievance procedure as herein provided. ARTICLE 12- TIME LIMITS If at any step the grievance has not been processed by the grievor or their agent, the grievance shall be deemed to have been settled and/or withdrawn. If at any step of the grievance procedure the grievance has not been processed by the Employer within the prescribed time limits, the grievance may be advanced to the next step by the grievor For purposes of Articles 8, 9, 10, 11 and 12, all time limits therein shall be deemed to be exclusive of Saturdays, Sundays and Paid Holidays. ARTICLE 13- SENIORITY (a) Seniority, as referred to in this Agreement, shall be based on the number of hours worked for Dawn Patrol Child & Youth Services Inc. on a Bargaining Unit-wide basis, subject only to Article (b). (b) There shall be two (2) seniority lists: One list for Full-Time and Part Time Employees that reflects the number of hours worked by each Employee and another list that reflects the number of hours worked by Relief Employees. (c) Seniority shall not be lost and shall be retained when an Employee moves within the Bargaining Unit (e.g. Full-Time to Part-Time or vice versa, Full-Time to Relief or vice versa, Part-Time to Relief or vice versa, etc.).

13 13 (d) Employees shall be deemed to be in continuous service of the Employer and will accumulate seniority in the following circumstances only: (1) when actually at work for the Employer; (2) when absent due to a paid leave under Article 17.01; (3) when absent due to a leave under Article 17.02, Article 17.03, Article 17.06, Article 18 and Article 19; (4) when absent on vacation or on paid holidays; (5) when absent from work due to illness or accident; (6) when on a pregnancy leave; (7) when on a parental (adoption) leave; (8) during the twelve (12) month period of lay-off; and (9) during the first twelve (12) months of an approved unpaid leave of absence. (e) Employees shall lose all seniority and shall be deemed to have been terminated if they: (1) resign; (2) are discharged and not reinstated through the grievance/ arbitration procedure; (3) retire; (4) are absent from scheduled work for a period of three (3) or more consecutive working days without notifying the Employer of such absence and providing a satisfactory reason; (5) have been laid off for twelve (12) months; (6) have been laid off and fail to return to work within fifteen (15) calendar days after they have been notified by the Employer via courier mail addressed to the last address on the records of the Employer, unless an acceptable reason is provided to the employer; (7) fail to return to work upon the termination of an authorized leave of absence within three (3) working days unless a reason acceptable to the Employer is given; (8) accept gainful employment while on a leave of absence without first obtaining the consent of the Employer. (f) A Bargaining Unit Employee who is appointed temporarily to a management/excluded position shall continue to accumulate seniority for up to eight (8) weeks at which time, seniority will cease to accrue. (g) A Bargaining Unit Employee who is appointed permanently to a management/excluded position shall lose all Bargaining Unit seniority.

14 14 (h) Seniority will be recorded on behalf of Relief Employees for the purpose of job competitions Seniority lists will be revised twice annually. A copy of the lists shall be posted on the Union bulletin board, in all houses/programs, and a copy shall Probation be provided to the Union. If an Employee does not challenge the position of their name on the seniority list within the first twenty (20) working days from the date their name first appears on a seniority list, the list stands correct. If an Employee is not at work when the list is posted, they must object to their seniority standing within five (5) working days from the date they return to work. A Full-Time Employee will be considered to be on probation for a period of six (6) months. A Part-Time Employee will be considered to be on probation for a period of 960 hours. An Employee will have no seniority rights during their probationary period. When an Employee acquires seniority, their seniority shall date back to the day on which their employment began. With the written consent of the Employer, the probationary Employee and the Unit Steward, such probationary period may be extended. Any extensions agreed to will be in writing and will specify the length of the extension. The release or discharge of an Employee during the probationary period shall not be the subject of a grievance or arbitration, subject to the Ontario Human Rights Code. ARTICLE 14- LAYOFFS AND RECALLS For the purposes of layoff and recall, the Seniority List will reflect both Full-Time and Part-Time Employees. In the event that a reduction in staffing is required in an Agency program or project because of a reduction in funding or elimination of funding, the following will apply: (a) The Employer will provide at least sixty (60) calendar days notice of layoff to affected Employees. Uncontrolled copy of (b) The least senior Employee(s) in the program or project will be issued a Notice of Layoff and s/he will have the right to either accept the layoff or elect to displace a less senior Employee in the Bargaining Unit at the same or lower wage rate, within seven (7) working days after receipt of the Layoff Notice, provided s/he has the skill and competence to perform the duties of the position and subject to !1~bcJ~3\1:97 1 (c).

15 14.02 Recalls 15 At the time of election, the Employee may choose to displace any Relief Employee on contract, save and except those Relief Employees on contracts with a duration of less than sixty (60) days [ninety (90) days if the contract involves clinical services], on a one time basis only, or assume the duties of a temporary vacant position provided that s/he has the skill and competence to perform the duties of the identified position. After completion of the contract or temporary vacancy, the Employee will then assume the permanent position s/he identified through the election process. (c) Where the Employee elects to displace an Employee, s/he must displace a less senior Employee in the Bargaining Unit commensurate with her/his scheduled hours of work. If there is no displacement possible, the Employee can then displace a less senior Part-Time or Full-Time Employee in the Bargaining Unit. Such Employee has the same rights set out in paragraph (b) regarding the displacement of a Relief Employee or the assumption of a temporary vacant position. (d) The displaced Employee(s) will have the right to either accept the layoff or elect to displace a Relief Employee on contract, or assume the duties of a temporary vacant position provided s/he has the skill and competence to perform the duties of the identified position. After completion of the contract or temporary vacancy, the Employee will again be permitted to either accept the layoff or displace other Relief Employees on contract or assume the duties of a temporary vacant position until no other contracts or temporary vacant positions exist. The Employee's layoff period will then commence after the completion of such contracts or temporary vacant positions. (e) A Relief Employee who is displaced will have the right to displace other less senior Relief Employees on contract. (f) Employees continue to accrue seniority during the term of a contract and/or a temporary vacant position. (g) Temporary vacancies of one (1) week or greater, but less than six (6) months, will be offered first to Employees working or on the Recall list provided they are able to perform the duties of the temporary position. Vacancies resulting from the temporary assignment of a working Employee will be offered to Employees on the Recall list in order of seniority. (a) Employees will be recalled in order of seniority provided the person recalled is willing, able and qualified to perform the work.

16 16 The Employer agrees that no new Employees shall be hired until those laid off have been given the opportunity of recall. However, Article (Lateral Transfers) will be in effect prior to the recall. (b) Employees who decline offers of recall shall continue to remain on the recall list in order of seniority In the event of a proposed layoff at Dawn Patrol Child & Youth Services Inc., the Employer will: (a) provide the Union with no less than sixty (60) calendar days notice of such layoff; and (b) meet with the Union through the Employer-Employee Relations Committee to review the following: ( 1) the reason causing the layoff; (2) ways to minimize or eliminate the need for layoffs; (3) the service the Employer will undertake after the layoff; and (4) the method of implementation including the areas of cut-back, and Employees to be laid off. Any agreement between the Employer and the Union resulting from the above review will take precedence over other layoff provisions in this Article Notice of recall will be done by courier mail and a telephone call. Employees are required to contact the Employer within seventy-two (72) hours of delivery of the courier mail or receipt of the telephone notice, whichever occurs first Employees shall be allowed fifteen (15) working days to report for work from the date of delivery of the notice of courier mail or receipt of the telephone notice, whichever occurs first. In the meantime if an Employee is recalled and is not immediately available for work, other Employees shall be recalled on the basis of seniority, but shall be temporarily employed until the senior Employee reports within the fifteen (15) working day period as outlined (a) The right of laid off Employees to benefits under Article 27 of this Agreement shall continue for two (2) calendar months following the month in which the layoff occurs. (b) Vacation credits of laid off Employees shall continue to accrue until the end of the month in which the layoff occurs. (c) Mandatory training will be offered to laid off Employees. All associated training costs, save and except time spent in training, will be borne by the Employer.

17 17 (d) During a layoff period, laid off Employees are eligible for placement on the Relief list in order of seniority, and such Employees shall be given preference over Relief Employees for relief work. (e) Laid off Employees will be retained with their accumulated seniority, Severance Pay or given the option of being placed on the Relief list with their accumulated seniority. when the Recall period ends or when employment is severed as Full or Part-Time Employees. Effective November 8, 2005, Employees who are laid off and subsequently choose termination during a layoff period or who are terminated under Article (e), five {5) shall be entitled to severance pay of one (1) week per each complete year (or equivalent hours) of employment to a maximum of eight (8) weeks. The payment of severance does not alter the provisions set out in Article (c). ARTICLE 15- VACANCIES, PROMOTIONS AND TRANSFERS The Employer shall consider abilities and qualifications in effecting promotions and temporary assignments. Where these factors are relatively equal amongst candidates, seniority will be the determining factor. Such judgement shall be made in a fair, impartial and consistent manner Uncontrolled copy of A temporary vacancy that will, or is expected to exceed six (6) months, shall be posted and filled in accordance with Article 16, save and except those vacancies that result directly from a Bargaining Unit Employee's personal initiative in connection with the development and funding of a position for up to a period of twelve (12) months. Where an Employee is temporarily assigned to a higher paying position in the Bargaining Unit, the Employee shall receive the rate of pay that will provide at least an increase in salary equal to the start rate of the position in which they are placed. The foregoing shall not apply to assignments of less than five (5) consecutive working days. Where the assignment exceeds the five {5) consecutive working days, the Employee will receive the higher rate from the commencement of the assignment. Vacations and illness of up to thirty (30) days will be exempted from this provision. Where an Employee is temporarily assigned to a higher paying position outside the Bargaining Unit, the Employee shall receive the rate of pay for the position to which s/he is assigned. The Employee shall retain all rights and privileges under this Agreement, subject to the provisions of Article 2-2Jf~~J4L~uo

18 When a new programme which is covered by the term of this agreement is introduced by the Employer, the Employer shall notify the Union. The Employer agrees to post a notice of interest when they have a proposal going forward which could result in new permanent or temporary bargaining unit positions. The Employer agrees to supply the Union with a copy of all temporary positions including expected start and end dates, programme and location Lateral Transfers A Full-Time or Part-Time Employee is only permitted to transfer permanently from her/his position to a vacant permanent position in a different work location as follows: (a) (b) by successful selection through the job posting process under Article 16; or by obtaining the approval of management and the written consent of the Union. Consent will only be granted by the Union if the transfer is to an identical position in another location and if the Employee is the most senior applicant. The Union's consent will not prejudice the rights of any applicants under the Collective Agreement. ARTICLE 16 -JOB POSTING (a) Where a permanent vacancy occurs in a position within the Bargaining Unit or a new position within the Bargaining Unit is established by the Employer, such vacancy shall be posted for a period of ten (1 0) consecutive calendar days at all Programs (i.e. community-based and residential). It shall be at the sole discretion of the Employer to determine if and when a vacancy occurs or when a new job is created. (b) Notwithstanding (a) above, where a vacancy occurs or when a new job is created, the following factors shall be govern: (i) (ii) skill, ability and qualifications to do the work available; seniority If the factors in (i) above, are equal among applicants, (ii) shall determine the successful applicant. (c) The Employer will ensure safe and adequate coverage with qualified staff during the posting and interview process.

19 Such postings shall include the job title, wage or salary range, and a summary of duties and qualifications required. Any Employee wishing to apply for the posted position shall do so in writing to the Executive Director or designate, by the date specified on the posting. The Employer will notify laid off Employees and Employees on a leave of absence of all job postings at the same time that the postings are done internally Qualified applicants from within the Bargaining Unit shall be given first consideration for the position A successful applicant or a laterally transferred Employee shall be placed on a trial period for up to ninety (90) days. In the event the successful applicant or laterally transferred Employee proves unsatisfactory or finds that the new position does not meet her/his expectation, the Employee shall be returned to her/his original position s/he held immediately prior to the placement in the new position. The temporary vacancy resulting from the posting will be filled on a temporary basis during the trial period (a) It shall be a condition of employment that an Employee will give their consent to undergo a criminal reference check. (b) Employees shall be required, after selection, to undergo a medical examination. The physician's report shall be limited to confirming the Employee's ability to meet the requirements of the position being filled. The Employer shall reimburse the Employee up to one hundred dollars ($ ) for the physician's report upon submission of a receipt When a new classification is to be created the Employer shall notify the Union and provide all relevant information about the new classification. The Employer agrees to meet with the Union to discuss the wage rate for the new classification. If the parties cannot agree on the appropriate rate, either party many request that the disagreement be submitted to a mediator agreed to by both the parties. ARTICLE 17- LEAVES OF ABSENCE The Employer may grant a leave of absence, with or without pay, if an Employee requests it in writing at least ten (10) working days in advance, from the Executive Director or designate, and if the leave of absence is for good and legitimate reason and does not unreasonably interfere with the efficient operation of the Employer.

20 Leave of absence without pay may be granted to attend Union conventions or conferences. Such request is to be given to the Executive Director or designate, at least ten (10) working days in advance. Such leave of absence shall not exceed ten (10) working days in any one (1) year in the aggregate, and is granted only where the Union certifies in writing to the Employer the names of the Employees involved and the reason for the request An Employee who is elected to the Board of OPSEU or selected for a Full Time position with the Union, or any body with which the Union is affiliated, shall be granted a leave of absence without loss of seniority and without pay for a period of up to two (2) years Subject to the terms of the Benefit Plans, the Employer agrees to maintain all Employee benefits as provided in this Agreement while an Employee is on a paid leave of absence Subject to the terms of the Benefit Plans, an Employee shall be allowed to continue enrolment in all Employee benefit plans at their own expense while on an unpaid leave of absence An Employee shall be allowed the necessary time off with pay to process their Canadian Citizenship Application, to a maximum total of one (1) day With respect to requests for time-off for Union business that would result in loss of scheduled hours of work and related wages, the Agency agrees to pay employees the wages and/or benefits that would otherwise be lost and invoice the Union for reimbursement as soon as possible following such an occurrence. The Union undertakes to reimburse the Agency with sixty (60) days of receipt of such invoice. ARTICLE 18 BEREAVEMENT LEAVE Bereavement Leave In the event of the death of an Employee's spouse (which includes commonlaw or same-sex partner) or child (which includes step-child or child of samesex partner), the Employee will be granted a leave of absence with pay at the Employee's regular hourly rate up to a maximum of ten (1 0) working days.

21 21 In the event of the death of an Employee's parent (or equivalent* of a parent), brother, sister, mother-in-law, father-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent, ward or former guardian, uncle, aunt, niece or nephew, the Employee will be granted a leave of absence with pay at the Employee's regular hourly rate up to a maximum of three (3) working days. * EquNafent means someone who has the same standing in the Employee's life as a parent. Specifically, someone who has filfed the same role in the Employee's life as a parent Compassionate Leave (a) Compassionate leave may be granted by the Executive Director or designate, up to a maximum of three (3) working days with or without pay, in the case of a direct family problem situation. (b) Family Medical Leave shall be granted for up to eight (8) weeks in accordance with the Employment Standards Act. ARTICLE 19- PAID JURY DUTY AND COURT WITNESS LEAVE (a) The Employer shall grant a leave of absence without loss of seniority to an Employee who serves as a juror or subpoenaed witness in any court, provided they are not a party to that court action. The Employer shall pay such an Employee the difference between their normal earnings and the payment they received for jury service or court witness, excluding payment for travelling, meals or other expenses. The Employee will present proof of service and the amount received. The Employee will be expected to be at work on any days when they are excused as a juror. The Employee will be paid only for days actually scheduled at work. (b) Time spent by an Employee required to serve as a court witness in any matter arising out of their employment shall be considered as time worked at the appropriate rate of pay. The foregoing shall not apply to proceedings between the Employer and the Union, and/or any person represented by the Union. (c) If an Employee is required to serve as a court witness in any matter arising out of their employment at a time other than their regularly scheduled shift, they shall be entitled to a minimum of four (4) hours at the regular rate of pay. The foregoing shall not apply to proceedings between the Employer and the Union and/or any person represented by the Union. Uncontrolled copy of (d) The Employee must notify the Employer immediately on the Emolovee's notification that they will be required to attend at court

22 ARTICLE 20- PREGNANCY AND PARENTAL (ADOPTION) LEAVES (a) Pregnancy leave and parental (adoption) leaves will be granted in accordance with the provisions of the Employment Standards Act. The major provisions of the Act providing for pregnancy and parental (adoption) leaves are summarized below. Reference should be made to the Employment Standards Act for the complete provisions regarding pregnancy leave and parental leave. In the event of any conflict between the summary provided in (b) to (h), and the provisions of the Employment Standards Act, the latter shall prevail. (b) (c) Pregnancy leave is a leave of absence for a period of up to seventeen (17) weeks available to pregnant Employees who qualify for such leave. Parental (adoption) leave is a leave of absence for a period of up to thirty-five (35) weeks for a natural parent or for a person with whom a child is placed for adoption or a person who is in a relationship of some permanence with a parent of a child and who intends to treat the child as her/his own, provided such person otherwise qualifies for such leave. (d) The service requirement for eligibility for pregnancy/parental (adoption) leave shall be thirteen (13) weeks continuous service. (e) An Employee who wishes to take a pregnancy leave or a parental (adoption) leave shall give the Employer at least two (2) weeks written notice of the date the leave is to begin, together with her/his expected date of return and a certificate from a legally qualified medical practitioner confirming the pregnancy and expected date of delivery, where applicable. This notice requirement may be shortened in circumstances where medical complications occur. (f) During an Employee's pregnancy leave, the Employer shall continue to make its contribution towards the payment of premiums for the benefits described in Article 27 herein. In those instances where the Employee is required to pay all or a portion of the premium for such benefits coverage, the Employee is entitled to continue to participate in such plans during her/his pregnancy leave or parental (adoption) leave, unless s/he elects in writing not to do so, and s/he will be required to pay her/his share of the premium during such leaves.

23 23 (g) The seniority and service of an Employee shall continue to accrue during a pregnancy and/or parental leave. All other credits, including vacation credits, shall continue to accrue save and except sick leave credits. (h) An Employee who returns from pregnancy or parental (adoption) leave shall be reinstated to the position s/he most recently held with the Employer, if it still exists, or to a comparable position, if it does not. The Employer shall pay the reinstated Employee at the wage rate that the Employee would have received had s/he worked throughout the period of the leave Bargaining Unit Employees shall be considered first to replace Employees who are on a pregnancy or parental leave that is less than six (6) months in duration, subject to Article (g). When external Employees are hired to replace Employees who are on a pregnancy or parental leave, the period of employment of such Employees shall not exceed the pregnancy or parental leave. The release, discharge or transfer out of the Bargaining Unit of such Employees shall not be the subject of a grievance or arbitration, subject to the Ontario Human Rights Code Extended Leave An Employee who is entitled to pregnancy leave and/or parental leave as provided in Article herein, will be granted an extension to such leave for an additional six (6) months. The extension shall be an unpaid leave of absence. The Employee shall provide a written request for an extension to pregnancy leave and/or parental leave to the Executive Director at least four (4) weeks prior to the termination of the initially approved leave An Employee on pregnancy leave and/or parental leave and/or extended leave shall reconfirm her/his intention to return to work on the date originally provided to the Employer by written notification to be received by the Employer at least two (2) weeks in advance of the date for return to work An Employee who takes an extended leave pursuant to Article may, prior to commencing such leave, make arrangements with the Employer to pay for the continuation of the insurance benefits described in Article 27. The Employee shall be responsible for payment of the entire premium amount for all such benefits during the period of extended leave and the Employer shall not be responsible for payment of its contribution to such benefits during such leave. Premium payments shall be remitted to the Employer at least one (1) week in advance of the first day of each month of coverage so that the Employer can in turn remit the premium payment to the insurer.

24 Paternity Leave Upon request, the Employer may grant up to three (3) days leave of absence, without loss of pay, to a Full-Time non-probationary male Employee who is the natural or adoptive parent of a child, provided such leave is taken within four (4) weeks of the arrival of the child and provided that such leave can be arranged without undue inconvenience to the Employer's normal operations. Where applicable, the Employer shall be entitled to require that the Employee provide a note from a qualified medical practitioner confirming the pregnancy and the date of arrival before such leave is granted. It is agreed that the Employer shall not withhold such leave unreasonably Emergency Leave The Employer shall grant a leave of absence of ten (10) unpaid days annually under the Employment Standards Act. ARTICLE 21 - EMPLOYEE PROTECTION (a) The Employer agrees to reimburse Employees for damage done to their automobiles and/or personal property while being used on Employer business to a maximum of five hundred dollars ($500.00) unless the Joss or damage is eligible to be claimed under a policy of insurance, in which case, the Employer will reimburse the Employee for their deductible to a maximum of five hundred dollars ($500.00). Such reimbursement shall be paid within ten (10) working days of presentation of a receipted repair bill provided that the Employee has immediately disclosed in writing to the Employer the nature and extent of the damages and the circumstances under which they occurred. In no case shall the Employer be liable to an Employee to pay any damages if that Employee was in breach of any Statute of Canada, Province of Ontario or the local municipality. (b) (c) Employees who use a vehicle on Dawn Patrol business must have prior authorization from the Executive Director or Program Manager. Employees who use their vehicles on Dawn Patrol business shall carry a minimum of one million dollars liability insurance. Employees must provide the Employer with proof of insurance and a valid driver's license. Employees shall be reimbursed for travelling at forty (40) cents per kilometre beginning September 1, Uncontrolled copy of (d) An Employee will be reimbursed to a maximum of seventy dollars ($70.00) annually, upon confirmation of payment, for the cost of additional insurance if such cost is directly related to the Emolovee's duties U90J31-7

25 The Employer shall provide sufficient insurance to protect Employees from personal liability or injury to clients within the scope of their employment The Employer shall reimburse all Full-Time and Part-Time Employees up to a maximum of fifty dollars ($50.00) for the cost of renewing their "F-Ciass" driver's license. The Employer shall further reimburse all Full-Time and Part-Time Employees up to a maximum of one hundred dollars ($100.00) for the cost of a medical report that may be required as part of the "F-Ciass" driver's license renewal process. It is agreed that reimbursements will be made by the Employer upon submission of authorized receipts The Employer will reimburse any Full-Time or Part-Time Employee for the additional cost of an unlisted telephone number to a maximum of twenty-four dollars ($24.00) per year. ARTICLE 22 -WAGES The regular straight time rates of pay are those prescribed in Schedule "A" of the Collective Agreement At the time of hiring, each new regular Full-Time Employee shall receive a letter stating their starting salary according to Schedule "A" and a job description of the job for which they have been hired Workplace Safety and Insurance (i) When an Employee is absent from work by reason of a claim under our Group Insurance Policy, her/his weekly rate of pay shall continue to be paid for a period not exceeding twenty (20) regularly scheduled work days, said amount to be repaid to the Employer when the claim is approved. (ii) If such claim is not approved, the amount paid to the Employee by the Employer shall be an amount owing by the Employee to the Employer. Employees may use existing Sick Days to offset the amount to be repaid in such circumstances. (iii) Employees may use existing Sick Day credits to top up their insurance compensation if such compensation falls below their regular rate of pay. (iv) When an Employee receives compensation under a claim on our Group Insurance Policy and the claim is classified as Long Term, the Employer shall continue subsidies for Health and Dental plans up to six (6) months from the beginning of the Long-Term status.