Collective Agreement

Transcription

1 Collective Agreement between: Ontario Public Service Employees Union On behalf of its Local 604 And Elliot Lake Women' s Group Inc. DURATION: November 28, 2015 November 30, 2018 OPSEU SEFPO Sector

2 TABLE OF CONTENTS Page Preamble... 1 Article 1 - Scope and Recognition Definitions Temporary Employees... 1 Article 2 - No Discrimination or Harassment... 2 Article 3 - Management Rights... 3 Article4 - Union Security... 3 Article 5 - Strikes and Lockouts... 4 Article 6 - Representation Employee Relations Committee Negotiating Committee Health and Safety Copies of the Agreement New Employee Orientation... 7 Article 7 - Grievance Procedure Grievance Procedure... 8 StepNo StepNo Policy/Group Grievances... 8 c) Group Grievance Time Limits Mediation Article8 - Arbitration Article 9 - Discharge Grievance Article10 - Seniority Seniority Definition Seniority Lists Probationary Period Article 11 - Job Posting, Layoff and Recall Job Posting... 13

3 Layoff Recall... Article 12 - Leaves of Absence Personal Leave Effect of Absence Pregnancy/ Parental Leave Bereavement Leave Jury Duty and Witness Leave Union Leave Emergency Leave Article 13 - Hours of Work and Overtime Hours of Work a) Shelter b) Transitional Support Outreach Worker Overtime ( b) Shift Scheduling Call- Back Shift Changes Article 14 - Designated Holidays Holiday During Vacation Or On Regular Day Off Holiday Lieu Day Scheduling Floating Holidays Article15 - Vacations Full- time Vacation Entitlement Part-time Vacation Percentage in Lieu of Benefits Vacation Scheduling Article 16 - Travel and Training Expenses Mileage Meal Allowance Insurance Deep Cleaning Article 17 - Employee Benefits Sick Credit Bank Article 18 - Miscellaneous Bulletin Board Employee Access to Personnel File Gender Breastfeeding... 28

4 Temporary Assignments Boot Allowance Letters of Discipline Article19 - Wages Article20 - Term Article 21 Performance Appraisal Schedule" A" - Wage Grid... 32

5 PREAMBLE This Agreement is entered into by the Parties in order to provide for orderly collective bargaining relations between the Employer and the employees covered by this Agreement. It is the desire of both Parties to maintain a harmonious relationship between the Employer and its employees and to settle amicably any difference or grievance which may arise from time to time hereunder in the manner set out below. The Parties agree to co- operate in the Employer' s mission to promote and provide a safe and nurturing environment for women, families, and communities. ARTICLE 1 - SCOPE AND RECOGNITION The Employer recognizes the Union as the exclusive bargaining agent for all employees of Elliot Lake Women' s Group Inc. in the district of Algoma, save and except for Executive Director, Bookkeeper, Administrative Assistant, Supervisors, and persons above the rank of Supervisor Definitions a) " Full- time employee" shall be defined as an employee in the bargaining unit who is regularly scheduled for the normal hours set out in Article and shall include the positions of Transitional Support Worker. b) A " part-time employee" shall be defined as an employee in the bargaining unit who is regularly scheduled for less than the normal hours set out in Article c) " Casual employees" shall be defined as an employee in the bargaining unit who is employed on a call- in/ as- needed basis. No casual employee shall be offered shifts before first offering any available shifts to eligible part-time employees as per Article Temporary Employees a) Employees may be hired for a specific term not to exceed twelve months, or to replace an employee who will be on an approved leave of absence, absence due to WSIB disability, long term disability, or to perform a special non- recurring task not to exceed twelve ( 12) months in duration. Full- time, part-time, and casual employees shall have the opportunity to apply for these positions before they are posted outside of the Bargaining Unit. b) The specific term may be extended by a further period of time not to exceed twelve months on mutual written agreement of the Union, employee and the Employer.

6 c) The term of a replacing temporary employee will not exceed the absent employee' s leave or absence. d) The expiration of a temporary employee' s term shall not be the subject of a grievance or arbitration. e) Except as expressly limited elsewhere in the agreement, all other provisions of the agreement shall apply to temporary employees. f) A temporary employee who is the successful applicant for a permanent vacancy without a break in service shall have their time spent in the temporary position credited, up to a maximum of four ( 4) months or three hundred ( 300) hours in the case of a part-time position toward their probation period. Upon successful completion of the probationary period, the employee shall be credited with seniority which shall include all time worked as a temporary employee, pro rated where necessary Employees in the bargaining unit shall not be laid off as a result of employees outside of the bargaining unit regularly performing the normal work of the bargaining unit. Notwithstanding the foregoing, both parties recognize the importance of volunteers, student placements, and employees who are excluded because they are paid via government sponsored grants. It is not the intent of either party to limit their use in the Employer's programs unless it leads to the reduction of staff or bargaining unit hours of work. ARTICLE 2 - NO DISCRIMINATION OR HARASSMENT The Employer and the Union agree that there will be no intimidation, discrimination, harassment, bullying, interference, restriction or coercion exercised or practiced against employees of the Employer, members of the bargaining unit or representatives of the Union by either the Employer, Union, Employees, members of the Union or representatives of the Union as applicable for any reason including the exercise of any member or employee of any right under this agreement. The definition of harassment will be as outlined in the Occupational Health and Safety Act. Union agree that there shall be no discrimination against any employee because of her sex, sexual orientation, age, marital status, race, colour, creed, disability, place of origin, ethnic origin, citizenship, gender identity, or gender expression, subject to any exemptions the Employer may have or obtain, pursuant to the Ontario Human Rights Code, which may be amended The Employer and the from time to time.

7 3 ARTICLE 3 - MANAGEMENT RIGHTS The Union acknowledges that it is the exclusive right and function of the Employer to generally manage the operations, and all its programs in all respects and in accordance with its inherent and statutory rights and obligations, except as expressly modified or restricted by a specific provision of this Agreement, and any relevant legislation, and without restricting the generality of the foregoing: a) to hire employees, determine the qualifications necessary for the work; assign and direct their work; to promote, demote, transfer, lay off, recall to work, to set the standards of work performance and the services to be rendered; b) to reprimand, suspend, discharge, or otherwise discipline employees for just cause, provided that claims of unjust discipline or discharge shall be subject to the grievance procedure herein provided. c) to maintain the efficiency of operations; to determine the personnel, methods, means, and facilities by which operations are conducted; to set the starting and quitting time and the number of hours and shifts to be worked; to close down, or relocate the Employer's operations or any part thereof; to expand, reduce, alter, combine, transfer, assign, or cease any job, department, operation, or service; to control and regulate the use of facilities, equipment, and other property of the Employer; to determine the number of employees to be employed. d) to introduce new or improved service, and equipment; to determine the number, location and operation of departments, divisions, programs and all other units of the Employer; to issue, amend and revise policies, rules, regulations, and practices The Employer's failure to exercise any right, prerogative, or function hereby reserved to it, or the Employer's exercise of any such right, prerogative, or function in a particular way, shall not be considered a waiver of the Employer's right to exercise such right, prerogative, or function or preclude it from exercising the same in some other way not in conflict with the express provisions of this Agreement No employee shall be required or permitted to make a written or verbal agreement with the Employer or its representative which may conflict with the terms of this collective agreement. ARTICLE 4 - UNION SECURITY The Employer agrees to deduct a sum equal to the monthly, or portion thereof, of

8 4 the Union dues as certified by the Union to be currently in effect from each employee in the bargaining unit as of the employee' s first day of employment. The Employer agrees to remit the total amount of such dues to the Accounting Department at the Provincial Head Office of the Union by the fifteenth day of the month following the month in which such deductions were made. The list of names shall clearly indicate changes in employment status for promotion, demotion, termination and leaves of absence, and may be either in hard copy or electronic copy. The Employer further agrees to include the annual total of the dues deducted on each employee' s T-4 slip The Union will advise the Employer in writing of the amount of its regular monthly union dues authorized in accordance with the Constitution and By -Laws of the Union. The amount so advised shall continue to be deducted until changed by further written notice to the Employer The Union shall indemnify and save harmless the Employer, its agents and/ or employees acting on behalf of the Employer, from any and all claims, and/ or actions arising out of the collection or attempted collection of such dues as herein provided and from any claims arising from the information provided by the Employer under the provisions of this Collective Agreement. ARTICLE 5 - STRIKES AND LOCKOUTS During the term of this agreement, the Union agrees that there shall be no strikes and the Employer agrees that there shall be no lockouts. ARTICLE 6 - REPRESENTATION The Employer agrees to recognize three ( 3) stewards selected by the Union from the employees in the bargaining unit who have completed their probationary period The Union shall notify the Employer in writing of the names of all Stewards and committee members. The Employer shall not be required to recognize any steward or committee member until such notification from the union has been received. It is understood that any steward so identified can act for any employee in any program when the steward selected for that program is not readily available The parties agree that the stewards have their regular duties and responsibilities to perform for the Employer and they should not leave their regular duties without first obtaining permission from their immediate supervisor or designate. Such time away from their duties shall be used for the prompt handling of grievances

9 5 and shall be without loss of basic pay. Permission to take such time shall not be unreasonably withheld ( a) At any meeting with the employer at which discipline is to be imposed, or at any stage of the grievance procedure, an employee is entitled to be represented by a Union steward of their choice b) The parties further agree that where a steward is not readily available, the absence of the steward shall not negate any action taken, nor shall this clause require the Employer to call in or pay a steward not already at work. c) It is understood that the Employer shall use its best efforts to schedule such meetings when a steward is available. d) When a meeting with the Employer requires a Union Steward or Staff Representative, the Employer agrees to advise the employee and/ or Union Steward or designate of the purpose and subject of what is to be discussed at the meeting when the Employer notifies the employee of the meeting. e) Employees shall have the right to the assistance of an OPSEU Staff Representative instead of a Union Steward, where they have a right to Union representation. The Union agrees that the exercise of this right shall not interfere with the Employer's operation Employee Relations Committee a) There shall be an Employee Relations Committee consisting of two Union representatives and an equal number of Employer representatives. The Union will make every effort to have at least one Full-time and one Parttime representative. The Union and the Employer shall advise each other of the names of the representatives on an annual basis. The Union staff representative may participate as an ex -officio member of the Committee provided the employer is given reasonable notice. The Employer and the Union shall be entitled to whatever additional resource person it deems necessary. b) The Committee shall meet at the request of either party to discuss matters of mutual concern, every three ( 3) months and more or less frequently if required and agreed to by all parties. Meetings shall be at a mutually agreed time and place. Each party shall notify the other party of the proposed Agenda as far in advance as possible but no later than one week before the meeting. The Chair of the committee shall be selected by the Employer for the first meeting and thereafter shall alternate between a Union member and an Employer member. The Union and Employer

10 6 committee chairpersons shall alternate the taking of minutes which shall be vetted by the other chairperson and signed off by both chairpersons as accurate. c) The purpose of the Employee Relations Committee is to discuss items of mutual concern to the Employer and employees outside of the Collective Agreement. The Committee shall not have the power to alter, amend or modify the specific terms of the Agreement, nor shall it be used as a substitute for the grievance procedure Negotiating Committee a) The Employer agrees to recognize a Negotiating Committee consisting of two ( 2) employees of the bargaining unit, for the purpose of meeting with the Employer to negotiate the renewal of the Agreement. The Union will reimburse the employer for the time spent in negotiations by the negotiating team members. The employer will forward a billing for such hours at the conclusion of bargaining. b) The employer shall pay the cost of continuing benefit coverage, and no employee shall lose credits as a result of such absences. c) The Employer shall also release negotiating team members from duty for reasonable preparation time. The Union will reimburse the Employer for the time spent in preparation. The Employer will forward a billing for such hours as soon as practicable Health and Safety a) The Employer agrees to recognize a Health and Safety Representative selected by the Union from among the members of the bargaining unit and that member shall have the rights and responsibilities accorded to them under the Occupational Health and Safety Act. b) The Employer shall ensure a healthy and safe work environment in accordance with the Occupational Health and Safety Act and other statutory health and safety standards. It is agreed that the Employer and the Union shall co- operate to the fullest extent possible in the prevention of accidents and in the reasonable promotion of health & safety of all employees. The Employer and the Union may meet from time to time to discuss any concerns related to the work environment. The Employer shall provide orientation and training in health and safety to new and current employees that have not already received an awareness orientation as required under the Occupational Health and Safety Act. Employees shall attend required health and safety training sessions.

11 c) The Employer agrees to provide all safety clothing and equipment reasonably required for the protection of workers. d) All employees covered by this agreement have a right to freedom from harassment in the workplace. All employees have a right to freedom from harassment because of gender, by his or her Employer or agent of the Employer or by another employee or clients. Harassment means engaging in a course of vexatious comment or conduct that is known or ought to reasonably to be known to be unwelcome. The Employer undertakes to investigate all complaints of workplace harassment in an expeditious manner and share the results of such investigation with the Union. e) Violence in the Workplace The parties agree that workplace violence shall be defined in accordance with the provisions of the Occupational Health and Safety Act, as amended from time -to -time. The parties agree that such incidents will not be condoned. An employee who believes he/ she has been subjected to such incident shall report this to a supervisor who will make every reasonable effort to rectify the situation. f) The Employer agrees to develop formalized policies and procedures in accordance with the provisions of the Occupational Health and Safety Act, as amended from time -to -time. These policies and procedures shall be communicated to all employees 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 New Employee Orientation A new employee will have the opportunity to meet with a representative of the Union in the employ of the Employer for a period of up to fifteen ( 15) minutes during the Employer' s orientation period without loss of regular earnings. The employee will be given a copy of the collective agreement. ARTICLE 7 - GRIEVANCE PROCEDURE For the purposes of this Agreement, a grievance is defined as a difference arising between the parties relating to the application, interpretation,

12 administration or alleged violation of this Agreement including any question as to whether a matter is arbitrable Grievance Procedure It is the mutual desire of the parties hereto that complaints of employees shall be addressed as quickly as possible, and it is understood that an employee has no grievance until she has first given her immediate supervisor or Executive Director if there is no supervisor the opportunity of rectifying her complaint. Such complaint shall be discussed with her immediate supervisor within seven ( 7) calendar days after the circumstances giving rise to the grievance, or from when the employee should have reasonably become aware of the event giving rise to the complaint. If the complaint is not settled, it shall be taken up as a grievance within seven ( 7) calendar days of the discussion in the following manner and sequence: STEP NO. 1 The parties agree to waive Step 1 directly to Step 2. if there is no supervisor and will proceed The employee, who may be accompanied by a steward if the employee wishes, shall submit a written grievance signed by the employee to her immediate supervisor. The grievance shall, in a concise and clear manner, identify the nature of the grievance, the provisions of this Agreement which are alleged to have been violated, and the remedy which is sought. The immediate supervisor will deliver her decision in writing within seven ( 7) calendar days following the day on which the grievance was presented to her. Failing settlement, then: STEP NO. 2 Within seven ( 7) calendar days following the decision under Step No. 1 ( previously waived), if not the employee shall submit the written grievance to the Executive Director or designate. A meeting will be held between the Executive Director or designate, the Grievor, and the grievor's steward within seven ( 7) calendar days, or such other time as may be mutually agreeable. It is agreed that a staff representative of the Union may be present at the meeting and that the Employer may have such counsel and assistance as may be desired at such meeting. The decision of the Executive Director shall be delivered within fourteen ( 14) calendar days of the meeting Policy/Group Grievances Policy Grievance a) A policy grievance is defined as one which alleges a misinterpretation or

13 9 violation of a provision of this Agreement and which, because of the nature or scope of the subject matter, could not otherwise be instituted as an individual employee grievance commencing at Step 1. The Union may file a policy grievance at Step 2 of the grievance procedure. Such policy grievance shall be filed in writing within fourteen ( 14) calendar days of the initial incident giving rise to the complaint or from when the Union should have reasonably become aware of the event giving rise to the grievance. The grievance must be signed by an authorized officer of OPSEU. b) The Employer shall have the right to lodge a grievance with the Union concerning the meaning, application or interpretation of any provision of this Agreement commencing at Step 2 of the grievance procedure. The grievance shall be filed in writing with the Union by the Executive Director or designate within fourteen ( 14) calendar days of the initial incident giving rise to the complaint or from when the Employer should have reasonably become aware of the event giving rise to the grievance. A meeting shall be held between representatives of the Employer and the Union within seven ( 7) calendar days of the filing of the grievance. The grievance shall be answered in writing by the Union within seven ( 7) calendar days of such meeting. c) Group Grievance Where a number of employees have identical grievances, they shall sign a single grievance to be filed at Step No. 2 within seven ( 7) calendar days of the circumstances giving rise to the grievances or from when the employees should have reasonably become aware of the event giving rise to the grievance. The grievance shall identify the nature of the grievance, the provisions of this Agreement which are alleged to have been violated and the remedy which is sought Any step of the Grievance Procedure may be waived by mutual agreement in writing between the Employer and the Union Agreements arrived at between the Employer, the employee and the Union on the disposition of any specific employee, Union or Employer grievance shall be final and binding upon the Employer, the Union and the employees concerned Failing settlement of any grievance under the foregoing procedure, the grievance may be submitted to arbitration as hereinafter provided. If no written notice of referral to arbitration is received within fourteen ( 14) calendar days after the decision under Step No. 2 is given, the grievance shall be deemed to have been abandoned.

14 Time Limits The time limits set out in the Grievance and Arbitration Procedures herein 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, subject only to s. 48( 16), Ontario Labour Relations Act Mediation The parties may mutually agree to refer a grievance to a mediator before proceeding to arbitration. The selection of a mediator will be agreed to and costs shall be shared equally by the parties. The mediation shall be conducted on a without prejudice" basis and shall not otherwise affect any timelines or provisions of the grievance/ arbitration process. In the event that the matter is not settled by mediation, then the matter may then be resolved at arbitration. The referring party shall contact the other and agree on a satisfactory selection process. ARTICLE 8 - ARBITRATION When either party requests that any matter be submitted to arbitration as provided in this Article, 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 seven ( 7) 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 a period of twenty-one ( 21) days, the Ministry 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 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 The Arbitrator shall not 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 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.

15 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 or days provided above, any subsequent response will be measured from the receipt of the response Employees who are summonsed or subpoenaed and whose attendance is required at arbitration hearings shall receive permission to be absent from work without loss of pay The Employer and Union shall equally share the fees and expenses of the arbitrator. ARTICLE 9 - DISCHARGE GRIEVANCE A claim by an employee that she has been discharged without just cause shall be treated as a grievance if a written statement of such grievance is lodged by the employee with the Executive Director, or her designate, at Step No. 2 within seven ( 7) calendar days following the date on which notice of the discharge was issued. An Arbitrator may resolve such grievance by: a) confirming the management' s action in dismissing or, b) re -instating the employee with full, partial or no compensation for time lost, and benefits and credits; or, c) any other arrangement which the arbitrator deems is just and equitable in the circumstances Notwithstanding 9. 01, the release or discharge of an employee during the probationary period is at the sole discretion of the Employer and this shall not be the subject of a grievance, except where the discharge is deemed to be arbitrary, discriminatory or in bad faith. ARTICLE 10 - SENIORITY Seniority Definition Seniority, as referred to in this Agreement, shall mean the relative ranking of permanent full-time employees chronologically by their date of last hire as adjusted elsewhere in this agreement, or, for part-time and casual employees by their hours worked since their date of last hire.

16 Seniority Lists a) There shall be separate seniority lists for full-time and part-time employees covered by this Agreement who have completed their probationary period. Such seniority lists shall be revised and posted every twelve ( 12) months by April 15th of each year. b) An employee who is transferred from full-time to part-time or casual, or vice -versa, shall transfer her seniority from one list to the other on the basis of eighteen hundred and seventy-two hours ( 1872) for one year for all seniority accrued Probationary Period a) Newly hired full time employees shall be considered to be on probation for a period of up to six (6) months worked from the date of last hire and shall have no seniority rights during this period. Upon completion of the probationary period a new employee shall have her or his seniority dated back six ( 6) months. During the probationary period an employee shall be considered as being employed on a trial basis. b) The probationary period for part-time and casual employees shall be four hundred and sixty-eight ( 468) hours worked. Part-time probationary employees are subject to the same conditions outlined for full- time employees in (a) Seniority shall be lost and an employee shall be deemed to be terminated under the following circumstances: a) where the employee resigns, or retires; b) where the employee is discharged and the discharge is not reversed through the grievance or arbitration procedure; c) where the employee has been laid off for a period of 18 months. It is understood that a full-time laid off employee who has left the employ of Elliot Lake Women' s Group Inc. during the lay-off period, will submit a new Criminal Reference Check to the Employer at the Employer' s cost prior to recall if she has been off for a period of twelve ( 12) months or more; d) is absent from scheduled work for three ( 3) consecutive days without a reason satisfactory to the Executive Director; e) has been laid off and fails to report her intention to return to work within ten ( 10) calendar days from the date of notification by registered mail at

17 13 the last address on the files of the Employer, or fails to report to work within three ( 3) calendar days thereafter, unless she has a reason satisfactory to the Executive Director. f) fails to report to work on the expiration of a leave of absence, or uses a leave of absence for purposes other than -that for which the leave was granted unless she has a reason satisfactory to the Executive Director. g) is absent due to a disability for a period of twenty four ( 24) months from the time the disability or illness commenced, provided that such termination is not in violation of the Human Rights Code which may be amended from time -to -time. ARTICLE 11 - JOB POSTING, LAYOFF AND RECALL Job Posting a) Where a permanent or temporary vacancy occurs in a classification in the bargaining unit such vacancy shall be posted for a period of seven ( 7) consecutive calendar days. Employees may apply for the position during the posting period. Such applications shall be considered by the Employer before considering applicants from outside the bargaining unit. Applicants who have not yet completed their probationary requirements will be considered for newly posted positions only at the discretion of the Executive Director. b) Employees shall be selected for positions under ( a) on the basis of their skill, ability, experience, efficiency, and qualifications. Where these factors are relatively equal amongst the employees considered, seniority shall govern. Where seniority is a determining factor, there shall be no distinction between full-time and part-time employees Layoff a) In the event of a proposed layoff which will exceed six months, the Employer will: i) provide the Union no less than three months notice, unless lesser notice of funding reductions is received by the Employer and, ii) will meet with the Union through the Employee Relations Committee to review the following: a) the reasons causing the layoff

18 14 b) the service the employer will undertake after the layoff, c) the method of implementation including the areas of cutback and employees to be laid off; d) ways the Employer can assist employees to find alternate employment and, e) potential options to minimize or avoid the need for the reduction. Any agreement, made under this part, may supersede any other provisions in this collective agreement. b) Where the Employer determines the need to reduce the complement of the employees in a particular program or unit, the junior employees in that program shall be identified as surplus in reverse order of seniority provided that the remaining employees are qualified to perform the available work without training but with basic orientation. In order of seniority, surplus employees shall have the right to displace junior employees elsewhere in the Employer's service in the following manner and sequence: i) the most senior full- time employee shall displace the most junior full- time employee whose job she can perform without training but with basic orientation. Where there are no junior full-time employees to displace, she shall displace the most junior part-time employee whose work she can perform without training but with basic orientation. ii) the most senior part-time employee shall displace the most junior part-time employee whose work she can perform without training, but with basic orientation. c) Subject to the foregoing, temporary employees will be laid off first followed by probationary employees before any full or part time employee is laid off. d) In the event of a permanent layoff, impacted employees shall be entitled to Termination Notice or Terminating Pay under the Employment Standards Act Recall Employees shall be recalled in the order of seniority, unless otherwise agreed between the Employer and the Union, provided that the employee is qualified to

19 15 perform the available work. It is understood that laid off employees shall not be recalled to vacancies until bargaining unit employees have exercised their rights under the job posting procedures. ARTICLE 12 - LEAVES OF ABSENCE Personal Leave a) Written requests for a personal leave of absence without pay will be considered on an individual basis by the Executive Director. Such leaves will not be unreasonably requested or denied. Such requests are to be submitted as far in advance as possible and a written reply will be given within fourteen ( 14) days, except in cases of emergency, in which case a reply will be given as soon as possible. Leave requested under this Article shall be for a minimum duration of one ( 1) month and a maximum duration of twelve ( 12) months. b) An employee who receives a leave of absence shall have the right to return to her former position at the conclusion of her leave. Where that position no longer exists, she shall exercise her rights under Article Effect of Absence It is understood that during any leave of absence not exceeding thirty ( 30) calendar days, both seniority and service will accrue as provided under this Collective Agreement. During an absence without pay from the Employer exceeding thirty ( 30) calendar days, credit for service for the purpose of salary, vacation, sick leave or any other benefit under any provision of the Collective Agreement or elsewhere, shall be suspended; the benefits concerned appropriately reduced on a pro rata basis and the employee's anniversary date adjusted: In addition, the employee will become responsible for full payment of all subsidized employee benefits in which the employee participates for the period of absence. For an absence due to an injury covered by the Workplace Safety and Insurance Act, seniority, but not service, shall continue to accrue during such absence Precinancy/ Parental Leave Pregnancy and Parental/ Adoption Leave and the notice required of the employee for the commencement and conclusion of such leave shall be as specified in the Employment Standards Act. Where Parental Leave is the result of the adoption of a child, such Parental

20 16 Leave shall be provided in accordance with the Employment Standards Act. During the period of the Pregnancy and Parental/Adoption Leave the employee shall be responsible to pay the costs of only the employee' s portion of the insured benefits and can be arranged with the Executive Director in advance of such leave. During the leave, the employee will accrue vacation and seniority in accordance with the provisions of the Employment Standards Act Bereavement Leave a) A full- time employee who notifies the Employer as soon as possible following a death in her/his immediate family shall be granted up to three 3) consecutive working days off with pay to grieve and attend the funeral or memorial services. A full-time employee shall be granted one ( 1) working day off with pay to grieve and attend the funeral or memorial services of an extended family member. b) For the purposes of this section, " immediate family" is defined as spouse, parent, child, sister, brother, grandparent, grandchild, sibling' s spouse, spouse' s sibling and spouse' s parent. Where the funeral or memorial service for the immediate family member is greater than five hundred kilometers ( 500 km) away, and the employee does not attend the funeral or memorial service, they will be entitled to receive one ( 1) working day off with pay. c) A part-time employee who notifies the Employer as soon as possible following a death in her/his immediate family shall be granted bereavement leave without loss of pay for any scheduled shifts within three ( 3) consecutive days immediately following the death of the eligible family member. A part-time employee shall be granted one ( 1) working day off with pay to grieve and attend the funeral or memorial services of an extended family member. d) For the purposes of this section, " extended family" is defined as significant other ( i. e. a companion with whom the employee is in a committed romantic relationship with for a period of at least one [ 1 ] year), spouse' s grandparent, step -grandchildren, and foster child living in the employee' s home at the time of death. e) Common- law spouse and same sex equivalents will be recognized for equal treatment under this clause. f) Employee reserves the right to defer the use of bereavement days for up to one ( 1) year in order to attend a memorial service occurring at a later

21 17 date ( i. e. spring internment or cultural burial customs) Jury Duty and Witness Leave If an employee is required to serve as a juror in any court of law or is required, by subpoena to attend as a witness in a court proceeding in which the Crown is a party, the Employee shall be granted the appropriate leave without pay to attend at the Court provided that the employee: a) notifies the Employer immediately on the employee's notification that she will be required to attend court; and b) presents proof of service requiring the employee' s attendance; If an employee is required to serve as juror in any court of law or is required, by subpoena to by subpoena to attend as a witness in a court proceeding in which the Crown is a party and which results from the employee' s performance of her employment duties, the employee shall not lose her regular pay because of such attendance. The Employee shall deposit with the Employer the full amount of compensation received excluding mileage, traveling and meal allowances for attendance at Court. Where the employee's attendance is not required for the whole day, she shall return to work immediately upon her release from duty. Where a part-time employee is subpoenaed in a court proceeding in connection with the performance of duties within the scope of her employment, such employee shall receive her regular straight time hourly rate of pay for the hours spent as a witness. Any amount received by the employee as a result of the subpoena shall be deducted from the employee' s pay for the hours spent as a witness Union Leave a) The Employer, upon two weeks' written notice from the Union, shall grant a leave of absence without pay to up to two employees appointed by the Union to attend Union functions for an aggregate of fifteen ( 15) person - days in a calendar year, providing the granting of such leave does not unduly interfere with the efficient operations of the Employer. Such leave shall not be unreasonably withheld. b) When an employee is elected as the Union' s President or First Vice - President ( Provincially) the Union shall, immediately following such election, advise the Employer of the name of the employee so elected. A leave of absence without pay and benefits shall be granted from the employee' s place of employment for the duration of the current term of

22 18 office. c) Where an employee is elected or appointed as an Executive Board member or Executive Officer of OPSEU provincially, or to a Sector Provincial) or Divisional Executive ( Provincial) such employee shall be granted a leave of absence without pay and benefits to exercise the duties of such appointment, provided that the employee gives the Employer at least four weeks' written notice, and such leave shall be restricted to one employee at any one time. d) During the leaves of absence outlined in this Article the Emergency Leave employee' s salary and applicable benefits shall be maintained by the Employer, and the Union agrees to reimburse the Employer in the amount of the full cost of such salary and applicable benefits. All employees shall be entitled to six ( 6) emergency days every fiscal year without pay; no request shall be unreasonably denied. ARTICLE 13 - HOURS OF WORK AND OVERTIME Hours of Work The following provisions are intended to designate normal hours of work on a daily shift and normal hours of work over the working schedule as determined by the Employer and shall not be construed to be a guarantee of hours of work to be performed on each shift or during each work schedule: a) Shelter The normal or standard extended work day for Front Line Shelter Support Workers shall be up to twelve ( 12) hours per day and for full-time employees shall average thirty-six ( 36) hours per week over the schedule as determined by the Employer. With prior approval of the Executive Director or designee, an employee may work a period of up to fifteen ( 15) minutes after the end of her shift to permit an orderly shift change and exchange of reporting. Such period shall not be considered as overtime but shall be paid at the employee's regular straight time hourly rate. Front Line employees working extended work days will be provided with a minimum of twelve ( 12) hours off between scheduled shifts.

23 19 b) Transitional Support Outreach Worker i) The normal hours of work of the Transitional Support Outreach Worker exclusive of an unpaid meal period shall be up to eight ( 8) hours per day, and shall average thirty two ( 32) hours per week over the schedule as determined by the Employer. ii) The Transitional Support Outreach Worker may from time to time be required to work outside their regularly scheduled hours ( i. e. Take back the Night, International Women' s Day Celebration, Candlelight Vigil, etc.). These Employees shall receive compensating time off as per Article ( c) and ( d). shall be paid in these circumstances. No overtime iii) Employees shall be entitled to a 15 -minute rest period during each four hour period, subject to the exigencies of client service needs; c) No employee shall be scheduled to work more than twelve ( 12) consecutive hours. d) Employees may voluntarily waive their minimum hours free from work between shifts under the Collective Agreement for mandatory staff meetings only Overtime a) Where an employee is directed, or authorized in advance, by the employee' s supervisor to work in excess of the employee' s forty ( 40) hours per week averaged over the scheduling period, the employee shall receive, at the employee' s option, compensating time off or pay within the current pay period at one and one- half times the employee' s regular straight time hourly rate for such hour worked. For clarity, Front Line employees can work up to four hundred and eighty (480) hours during the twelve ( 12) week posted schedule before incurring overtime. b) All overtime must be approved in advance by the supervisor. Where the employee fails to report for work on time advance approval is not required. The overtime must be reported to the supervisor no later than the next working day. c) Non shift work staff who are required by the terms of their positions to work flexible hours shall receive compensating time off at straight time for hours worked in excess of the agreed upon regularly scheduled hours. d) Such compensating time off shall be taken within sixty ( 60) days of the

24 20 end of the scheduling period, at a time mutually agreed between the employee and the employee' s immediate supervisor. Where such compensating time cannot be discharged within the sixty ( 60) day period, it shall be paid at the employee' s regular straight time hourly rate. e) Overtime shall not be duplicated for the same hours worked, nor shall overtime be pyramided with any other premiums payable. f) Where staff are directed by the Employer to attend staff meetings, workshops, or other training, such time spent in attendance shall be paid at the employee' s regular straight time hourly rate. g) Requests for shift changes will only be granted provided they do not result in overtime pay. h) When an employee is required to work a double shift, all hours worked in the second shift shall be calculated at time and one half the employee' s regular straight time hourly rate for such hours worked. The employee shall not be required to meet the overtime threshold in order to be entitled to overtime rates in this circumstance. Overtime cannot be pyramided Shift Scheduling a) As far as practicable for shifts for which the Employer knows it will require part-time employees, the Employer shall schedule part-time employees at least two weeks in advance of the scheduled shifts to be worked. Any changes to the posted schedule within two -(2) weeks of the shifts in question shall only be made with the mutual agreement of the employer and employee. b) The Full -Time Front Line Schedule shall consist of a twelve ( 12) week rotation and shall be repeated every twelve ( 12) weeks. Any changes to the rotation will occur only after discussion with the employees affected and the Union. c) The Front Line Schedule shall be posted two ( 2) weeks prior to the start date of the twelve ( 12) week rotation. d) All Front Line Employees will be required to submit requests for time -off a minimum of one ( 1) week prior to the posting date of the schedule. e) Full -Time Front Line Employees can only request a maximum of three ( 3) scheduled weekends off per year. Any part of a weekend shall count as a weekend for this purpose. A weekend shall be defined as the period commencing at 7: 00 a. m. Saturday through to 7: 00 a. m. Monday.

25 21 f) The Employer will assign all open shifts to Part -Time employees on the following basis: i) Part -Time employees shall provide the employer by January 1st of each year with their availability for work. The employees must identify if they are willing to work, one ( 1) or two ( 2) shifts per week. A Part -Time employee' s stated availability does not constitute a guarantee of hours on the part of the Employer. ii) Part -Time employees will be assigned on the basis of seniority up to a maximum of two (2) shifts per week. iii) Once all Part -Time employees have been assigned one ( 1) or two 2) shifts per week, additional shifts will be equitably distributed amongst all Part -Time employees over the scheduling period. iv) The Employer will assign additional shifts ( non- scheduled) that come up during the posted period on the following basis: a) Additional shifts that come up during the posted period shall be offered to Part -Time Employees on a rotational basis starting with the most senior employee who has not yet been assigned one ( 1) or two ( 2) shifts for the week, depending on their willingness to work as stated in (f)(i). The Employer agrees to offer the additional shifts as soon as practicable after it becomes available. The Employer will make one attempt to contact the employee, if the employee is not available, the Employer will move on to the next available employee. b) Once all Part -Time employees have been assigned one ( 1) or two ( 2) shifts per week, depending on their willingness to work as stated in ( f)(i), additional shifts will be equitably distributed amongst all Part -Time employees over the scheduling period. c) If a Part -Time employee refuses a shift, they will move out of section ( a) of required shifts and be put in rotation with section ( b) in seniority order, with Part -Time Employees who have had the required shifts met. d) Casual employees shall be offered shifts only when all parttime employees are unavailable. g) It is agreed that during any twelve ( 12) week scheduling period, part-time or casual employees will not be offered more hours than full-time

26 22 employees Call -Back An employee who is called back to work with the approval of her supervisor or designee and is outside of her scheduled hours or on a scheduled day off will be paid a minimum of four ( 4) hours at straight time unless the work is contiguous with her next scheduled shift in which case she will receive regular pay for the hours actually worked. An employee who is called back to work on a designated holiday shall be paid a minimum of four (4) hours at time and one- half ( 1-1/ 2) Shift Changes Once the schedule has been posted as per Article 13 it is the employee' s responsibility that any shift changes be made in the following manner: i) All employees shall have the opportunity to exchange shifts within the posted schedule. ii) iii) iv) Employees shall submit a signed consent (e- mail is acceptable) by both parties and submit to management the earlier of at least one ( 1) day prior to the first shift to be traded, or by Friday at 12 noon if it is a weekend or Monday shift. It is understood by both parties that the exchange of shifts will not incur overtime as a result of the exchange. For clarity, any employee that would be in an overtime position by virtue of such an exchange waives any right to overtime for the shift(s) exchanged. For further clarity, the employees will still be eligible for holiday pay as outlined in Article 14. Full- time employees can only exchange assigned weekend shifts with other full-time employees within the posted period. v) The parties agree that shift exchanges are not permitted on any day where a staff meeting is scheduled. The parties agree that shift exchanges are not permitted on any day where a staff meeting is scheduled. ARTICLE 14 - DESIGNATED HOLIDAYS The following shall be designated holidays: