COLLECTIVE AGREEMENT

Transcription

1 Unit# 571 COLLECTIVE AGREEMENT BETWEEN: PEER SUPPORT SOUTH EAST ONT ARlO (hereinafter referred to as the "Employer") -and- SERVICE EMPLOYEES INTERNATIONAL UNION, LOCAL 1 CANADA (hereinafter referred to as the "Union") Effective: April 1, March 31, 2018

2 TABLE OF CONTENTS ARTICLE 1 -PURPOSE... 2 ARTICLE 2- RECOGNITION ' 2 ARTICLE 3 -MANAGEMENT RIGHTS... 2 ARTICLE 4- DEFINITIONS... 3 ARTICLE 5- UNION SECURITY... 3 ARTICLE 6 - NO STRIKES OR LOCKOUTS... 4 ARTICLE 7- REPRESENTATION AND COMMITTEES... 4 ARTICLE 8- GRIEVANCE AND ARBITRATION PROCESS... 5 ARTICLE 9- SENIORITY... 9 ARTICLE 10- LAYOFF AND RECALL ARTICLE 11 -JOB POSTING ARTICLE 12- CONTRACTING OUT ARTICLE 13- WORK OF THE BARGAINING UNIT ARTICLE 14- PRINTING ARTICLE 15 - LEAVE OF ABSENCE ARTICLE 16- HOURS OF WORK ARTICLE 17- PREMIUM PAYMENTS ARTICLE 18 -HEALTH AND SAFETY ARTICLE 19- PAID HOLIDAYS ARTICLE 20- VACATIONS ARTICLE 21 -EMPLOYEE ASSISTANCE PROGRAM ARTICLE 22- SICK LEAVE AND OCCUPATIONAL ACCIDENT INSURANCE ARTICLE 23 - COMPENSATION ARTICLE 24- BULLETIN BOARDS ARTICLE 25- PAY DAYS ARTICLE 26 -PERSONNEL FILE ARTICLE 27- INSURANCE ARTICLE 28- PAID EDUCATION LEAVE SCHEDULE A- WAGES LETTER OF UNDERSTANDING

3 ARTICLE 1 PURPOSE 1.01 The general purpose of this Collective Agreement is to establish and maintain collective bargaining relations between the Employer and the Employees covered by this Agreement, to provide for ongoing means of communications between the Employer and the Union as well as the prompt disposition of grievances. The purpose of this Collective Agreement is also to establish and maintain mutually satisfactory salaries and other conditions of employment in accordance with the provisions of this agreement A further purpose of this agreement is to ensure that the work of the Employer, the provision of high quality holistic-oriented services to consumers, can be maintained and/or improved. ARTICLE 2 - RECOGNITION 2.01 All employees of the PEER SUPPORT SOUTH EAST ONT ARlO in the Counties of Hastings, Prince Edward, Lennox & Addington, Frontenac, Lanark, and Leeds and Grenville, save and except Directors, person above the rank of Directors, the Financial and Administrative Service Manager, the Executive Assistant and students employed during the school vacation period. ARTICLE 3 MANAGEMENT RIGHTS 3.01 The Union recognizes and acknowledges that the management of the Employer's operations and direction of the work force are fixed exclusively with the Employer and, without restricting the generality of the foregoing, the Union acknowledges that it is the exclusive function of the Employer to: Maintain order, discipline and efficiency, and to establish, enforce and alter from lime to lime rules and regulations governing the conduct of the employees, job assignments and the standards of performance for all employees. Discharge, suspend or otherwise discipline employees provided that employees who have completed their probationary period shall only be disciplined or discharged for just cause; (c) Hire, select, promote, demote, and classify, transfer and lay-off employees; (d) Determine the nature and kinds of services to be conducted by the Employer, the kind and locations of equipment to be used, the methods 2

4 and techniques of work to be used, the content of jobs, and job assignments and the standards of performance for all employees; (e) (f) Extend, limit, curtail or cease operations or any part thereof; Determine the number of employees to be employed, the hours of operation of the organization, the employees and hours to be scheduled, and starting and stopping times subject to the terms of this Collective Agreement. ARTICLE 4- DEFINITIONS 4.01 Full-time employee means an employee in the bargaining unit who is scheduled on a regular basis for more than twenty seven (27) hours per week Part-time employee means an employee in the bargaining unit who is scheduled on a regular basis for twenty seven (27) hours or less per week The terms "regular pay" and "straight pay'' when used in this Agreement shall mean the amounts indicated in the wage classification contained in Schedule UA". ARTICLE 5 - UNION SECURITY Both parties to this agreement agree to abide by the Human Rights Code As a condition of employment, the Employer will deduct from each employee covered by this Agreement an amount equal to the regular monthly union dues designated by the Union Such dues shall be deducted from each pay for employees. In the case of newly hired employees each employee shall be subject to a one (1) time Union Initiation Fee as directed by the Secretary Treasurer of the Union Initiation Fees and Dues deductions shall commence in the month of hire The amount of the regular monthly dues shall be those authorized by the Union and the Union shall notify the Employer of any changes therein and such notification shall be the Employer's conclusive authority to make the deductions specified In consideration of the deducting of Initiation Fees and Union dues by the Employer, the Union agrees to indemnify and save harmless the Employer against any claims or liabilities arising or resulting from the operation of this Article. 3

5 5.05 Monthly deductions shall be made and fo!warded to the Secretary Treasurer of the local Union on or before the 15th of the month following which the deductions are made. Any omissions and retroactive deductions shall be submitted with the dues the month following with the reason why dues were missed The Employer agrees to foiward a list of dues deductions in an electronic format on an electronic template provided by the Union under the direction of the Secretary Treasurer The Employer will provide each employee with a T4 supplementary slip showing the dues deducted in the previous year for income tax purposes where such information is available or becomes readily available through the Employer's payroll system It is mutually agreed that arrangements will be made for a Union Steward to interview each new employee who is not a member of the Union via conference call if the employee works at another site than that of the steward, once during the orientation period for the purpose of informing such employee of the existence of the Union in the workplace, and of ascertaining whether the employee wishes to become a member of the Union. The Employer will advise the Chief Steward of all new bargaining unit hires and their anticipated start date. ARTICLE 6 - NO STRIKES OR LOCKOUTS 6.01 The Union agrees that there shall be no strikes and the Employer agrees that there shall be no lock-outs during the term of this Agreement. The meaning of the words "strike" and "lock-out" shall be as defined in the Labour Relations Act, R.S.O. 1980, Chapter 228 as amended. ARTICLE 7- REPRESENTATION AND COMMITTEES 7.01 A Labour-Management Committee will be established with up to two (2) representatives from the Union and from the Employer. This Committee shall meet every four (4) months or at such other times as is mutually agreed between the Union and the Employer. Meetings will occur via conference call/or preferably at the co-ordinating centre. At least one week prior to any meeting, the Union and the Employer shall exchange an agenda of those items proposed for discussion Tlie purpose of Committee meetings is to resolve issues on the agenda which are of concern to the Employer and the employees and which are not the subject matter of any outstanding grievances or collective bargaining. Labour- 4

6 Management Committee meetings will be held during normal working hours and Union representatives of this committee will not suffer any loss of pay for attendance at such Committee meetings The Employer will recognize a Union Administrative Committee which shall consist of three (3) stewards selected by the Union one of whom shall be the Chief Steward, not more than two of which committee members shall meet with Management at any one time. The Employer shall be advised of the names of members of this committee and shall be notified of any changes from time to time. All members of the Committee shall be regular employees of the Employer who have completed their probationary period The Employer shall pay representatives and committee members their respective wages for all time lost from regularly scheduled hours investigating and/or processing grievances, up to but not including the arbitration stage The Employer will recognize a Union negotiating Committee of 3 members of the bargaining unit selected by the employees, one of whom shall be the Chief Steward, to negotiate the renewal of the collective agreement. All lost hours of work for the Union Negotiating committee shall be paid by the Employer up to but not including conciliation The Union agrees to inform the Employer, in writing, of the name of the steward and of any changes therein, and the Employer will not be required to recognize such stewards until notification from the Union has been received For Community based employees, mileage will be paid to the committee members for attending all meetings from the closest Support Centre (in proximity to the employee's home) to the destination. For the Centre based employees, mileage will be paid to the committee members for attending all meetings from their home Support Centre. ARTICLE 8- GRIEVANCE AND ARBITRATION PROCESS 8.01 For the purpose of this Agreement, a grievance or complaint is defined as a difference arising either between a member of the bargaining unit and the Employer or between the parties hereto relating to the interpretation, application, administration or alleged violation of the Agreement The grievance shall identify the nature of the grievance, the remedy sought, and should, where possible, specify the provisions of the Agreement which are alleged to have been violated. 5

7 8.03 It is the mutual desire of the parties hereto that complaints shall be adjusted as quickly as possible, and it is understood that an employee has no grievance until he has first given his/her immediate supervisor the opportunity of adjusting his/her complaint. The grievor may have the assistance of a Union Steward if s/he so desires. Early Resolution Step 1 Step 2 Such complaint may be discussed between the employee and his or her immediate supervisor within five (5) days after the circumstances giving rise to the complaint or when those circumstances ought reasonably to have come to the attention of the employee. Failing settlement within the five (5) days, it may then be taken up as a grievance within five (5) days following his or her immediate supervisor's decision in the following manner and sequence: A Union steward may submit the signed, written grievance to the immediate supervisor or designate. The grievor may accompany the Union Steward. The immediate supervisor or designate will deliver his or her decision in writing within five (5) days following the day on which the written grievance was presented to him or her. The Union and the Employer may meet to discuss the grievance at a time and place suitable to both parties. Failing settlement, then: Within five (5) days following the decision in the immediately preceding step, the grievance may be submitted in writing to the CEO. A meeting will then be held between the CEO and the Union Steward(s) or Grievance Committee, who may be accompanied by the Union Representatives, within five (5) days of the submission of the grievance at Step 2, unless extended by mutual agreement of the parties. The decision of the Employer shall be delivered in writing to the Union Steward and Union Representative within ten (1 0) days following the date of such meeting. Failing settlement at Step 2, the Union may refer the matter to arbitration within ten (10) days of receiving the Employer's decision Policy Grievance A complaint or grievance ansmg directly the Employer and the Union concerning the interpretation, application or alleged violation of the Agreement may be originated at Step 2 within ten (10) days following the circumstances 6

8 giving rise to the grievance, or when those circumstances ought reasonably to have come to the attention of the union It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting an employee which s/he could have instituted himself/herself and the regular grievance procedure shall not be by-passed Group Grievance Where a number of employees have identical grievances, and each one would be entitled to grieve separately, they may present a group grievance, in writing, identifying each employee who is grieving, to employer or designee within ten (1 0) days after the circumstances giving rise to the grievance have occurred, or ought reasonably to have come to the attention of the Union. The grievance shall then be treated as being initiated at Step 2 and the applicable provisions of this Article shall then apply with respect to the handling of such grievance Discharge Grievance If an employee, who has completed his or her probationary period, claims that s/he has been unjustly discharged, such claim may be submitted in the form of a signed grievance by the Union Steward at Step 2 of the grievance procedure to the Employer within ten (1 0) days following the date the discharge is effective, or ought reasonably to have come to the attention of the union. The grievor may accompany the Union Steward. Such grievance may be settled under the Grievance and Arbitration procedure by: {b) (c) confirming the Employer's action in discharging the employee, or reinstating the employee with up to full wages, seniority, service, and any other damages that would make the employee whole. any other arrangement which may be deemed just and equitable Failing settlement under the foregoing procedure any grievance may be submitted to arbitration as provided in Article Timelines may be extended by mutual agreement of the parties. The parties agree that it is their intent to resolve grievances without recourse to arbitration, wherever possible. Therefore, notwithstanding above, the parties may, upon mutual agreement, engage the services of a mediator/arbitrator in an effort to resolve the grievance and may extend the time limits for the request for arbitration. The parties will share equally the fees and expenses, if any, of the mediator/arbitrator. 7

9 8.08 Agreements reached under the grievance procedure between the representatives of the Employer and representatives of the Union will be final and binding upon the Employer, the Union and the employee(s) When either party submits a grievance to Arbitration it shall advise the other party in writing and endeavour to submit a list of not less than three arbitrators. Within five (5) days thereafter, the other party shall agree to one of the proposed names or, in the alternative, respond with not less than three names. If the parties fail to agree on a chairperson as herein required, the Minister of Labour for the Province of Ontario shall have the power to make such appointment upon application thereto by the party invoking the arbitration procedure The Arbitrator shall not be authorized to make any decision inconsistent with the provisions of this Agreement, nor to alter, modify, add to or amend any part of this Agreement Each of the parties hereto will share equally the fees and expenses, if any, of the Arbitrator Saturdays, Sundays and Holidays are not to be counted in the time limits as set out in this Article The proceedings will be expedited by the parties hereto and the decision of the Arbitrator, will be final and binding upon the parties hereto and the employee or employees concerned Mediation Process (c) (d) (e) Either party, with the agreement of the other party, may submit a grievance to Grievance Mediation at any time within ten (1 0) days after the Employer's decision has been rendered at the step prior to arbitration. Where the matter is so referred, the mediation process shall take place before the matter is referred to arbitration. Grievance Mediation will commence within twenty-one (21) days of the grievance being submitted to mediation, or a longer period as agreed by the parties. No matter may be submitted to Grievance Mediation which has not been properly carried through the grievance procedure, provided that the parties may extend the time limits fixed in the grievance procedure. The parties shall agree on a Mediator. Proceedings before the Mediator shall be informal. Accordingly, the rules of evidence will not apply, and no record of the proceedings shall be made. 8

10 (f) (g) (h) (i) If possible, an agreed statement of facts will be provided to the Mediator, and if possible, in advance of the Grievance Mediation Conference. The Mediator will have the authority to meet separately with either party. If no settlement is reached within five (5) days following Grievance Mediation, the parties are free to submit the matter to Arbitration in accordance with the provisions of the Collective Agreement. In the event that a grievance which has been mediated subsequently proceeds to arbitration, no person serving as the Mediator may serve as an Arbitrator, unless the parties consent in writing otherwise. Nothing said or done by the Mediator or the parties in mediation may be referred to during Arbitration. The Union and Employer will share the cost of the Mediator, if any. ARTICLE 9- SENIORITY 9.01 Effect of Absence It is understood that during an approved absence not paid by the Employer not exceeding sixty (60) continuous days or any approved absence paid by the Employer, both seniority and service will accrue. During an absence not paid by the Employer exceeding sixty (60) continuous calendar days credit for service for purposes of salary increment, vacation, sick leave, or any other benefits under any provisions 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 accordingly. In addition, the employee will become responsible for full payment of subsidized employee benefits in which he/she is participating for the period of the absence. (c) (d) It is further understood that during such leave of absence, not paid by the Employer, credit for seniority for purposes of promotion, demotion, transfer or layoff shall be suspended and not accrue during the period of absence. Notwithstanding this provision seniority shall accrue for a period of twenty-four (24) months if an employee's absence is due to a disability resulting in Occupational Accident benefits. For purposes of this provision, it is understood and agreed that absence on a sick leave shall be considered a leave with pay. 9

11 9.02 Probation Period New employees shall be on probation for a period of 375 hours worked or six (6) months from the date of last hire which ever comes first. The release or discharge of a probationary employee during the probationary period shall not be subject to the grievance or arbitration procedures in this Collective Agreement. New employees shall be credited with seniority from their date of last hire upon the successful completion of the probationary period Any questions having to do with the observance or non-observance of seniority may be the subject of a grievance and dealt with under the grievance procedure including the arbitration provisions Seniority Lists The Employer shall provide the Union electronic copies of the Seniority List sorted by classification, full-time, part-time and seniority hours and date of hire. The list shall be provided on a tri-annual basis, in January, May and September Seniority Seniority for employees will be based on the total number of hours paid in the bargaining unit. An employee shall lose all service and seniority and shall be deemed to have been terminated if she: (c) (d) (e) (f) Leaves on her own accord; Is discharged and the discharge is not reversed through the grievance or arbitration procedure; Has been laid off without recall for twenty-four (24) months; Is absent from scheduled work for a period of three (3) days without notifying the Employer of such absence and providing a reason satisfactory to the Employer; Fails to return to work upon the end of an authorized leave of absence without satisfactory reason or utilizes a leave of absence for purposes other than that for which the leave was granted; Fails to signify his intention to return upon being notified of a recall, within seven (7) calendar days after notice of recall was mailed by registered 10

12 mail to the last known address of the employee, according to the records of the Employer; (g) Is absent due to illness or disability for a period in excess of twenty- four (24) months. ARTICLE 10- LAYOFF AND RECALL In the event of a proposed layoff of a permanent or long-term nature, to last longer than thirteen (13) weeks, the Employer will provide the Union with at least six (6) weeks notice. This notice is not in addition to required notice for individual employees In the event of a layoff of a permanent or long-term nature, to last longer than thirteen (13) weeks, the Employer will provide affected employees with notice in accordance with the Employment Standards Act. Lay-off Procedure A layoff is defined as a reduction in the number of bargaining unit employees and/or positions, or a reduction of scheduled hours In the event of a layoff, the Employer shall layoff employees in reverse order of seniority beginning with the least senior employee in a job class at the Centre subject to the layoff, provided that those employees who remain on the job have the qualifications, skill and ability to perform the remaining work. An employee who is subject to lay-off shall have the right to either: (i) (ii) (iii) accept the lay-off; or Displace a less senior employee, within the bargaining unit providing that the laid off employee (the bumper) is fully qualified to do the work of employee she is bumping (the bumpee) and is prepared to engage in an orientation to the Centre/CPS role as applicable. The decision of the employee to choose (i) or (ii) above shall be given in writing to the Administrator within three (3) days following the notification of lay-off. Employees failing to do so will be deemed to have accepted the lay-off. 11

13 Recall Rights A laid off employee shall have the right to be recalled from layoff to an available opening, provided that she has the qualifications, skill and ability to perform the work available. In determining the qualifications, skills and ability of an employee to perform the work for the purposes of the paragraph above, the Employer shall not act in an arbitrary manner. AI the time of layoff, a laid off employee shall notify the Employer which Centres she wishes to be offered recall to and the Employer will only be obligated to offer recall to the employee, in accordance with this Article, at the identified Centres. (c) (d) (d) (f) An employee recalled to work in a different classification from which she was laid off shall have the privilege of returning to the position she held prior to the lay-off should it become vacant within six (6) months of being recalled. No new employees shall be hired until all those laid off have been given an opportunity to return to work and have failed to do so, in accordance with the loss of seniority provision, or have been found unable to perform the work available. It is the sole responsibility of the employee who has been laid off to notify the Employer of his intention to return to work within three (3) working days (exclusive of Saturdays, Sundays, and Paid Holidays) after being notified to do so by registered mail, addressed to the last address on record with the Employer (which notification shall be deemed to have been received after the second day following the date of mailing) and return to work within ten (1 0) working days after being notified. The notification shall state the job to which the employee is eligible to be recalled and the date and time at which the employee shall report for work. The employee is solely responsible for his proper address being on record with the Employer. Employees on lay-off or notice of lay-off shall be given preference for temporary vacancies which are expected to exceed twenty (20) days of work. An employee who has been recalled to such temporary vacancy shall not be required to accept such recall and may instead remain on lay-off. A laid off employee shall retain the rights of recall for a period of twenty four (24) months. 12

14 10.06 Severance Pay Severance Pay will be in accordance with the provisions of the Employment Standards Act. ARTICLE 11 -JOB POSTING In the event new jobs are created or vacancies occur in existing job classifications which the Employer determines to fill, the Employer shall post such new jobs or vacancies for a period of 7 calendar days and shall stipulate the approximate start date (if known) and initial assignment, before new Employees are hired. In filling posted vacancies, the Employer shall award the position based on skill, ability, qualifications, and experience. Where these factors are relatively equal, bargaining unit seniority shall be the governing factor The successful applicant shall be moved to the new position subject to a fifty (50) worked days' trial period during which her performance shall be assessed by the Employer. If the Employer determines during or at the end of the fifty (50) days worked period that the employee's performance is not adequate, or if the employee makes a request at any time within the fifty (50) day period, the employee shall be returned to his original position, and any employees affected by such return shall be returned to their original positions The trial period may be extended by mutual agreement, but in any case, not longer than an additional one hundred and twelve and one-half (112%) working hours It is understood that the Employer may elect to fill the vacancy in a part-time bargaining unit by expanding the hours of work of existing part-time employees Upon request to the Site Coordinator, the Employer will discuss with the unsuccessful applicant the manner in which the employee may improve her position and her work in order to be considered for any future vacancy Temporarv Vacancies Any temporary vacancy with an anticipated duration of six (6) weeks or more will be posted. 13

15 ARTICLE 12- CONTRACTING OUT The Employer shall not contract out any work usually performed by members of this Bargaining Unit if, as a result of such contracting out, a layoff of any employees results from such contracting out. Contracting out to an Employer who is organized and who will employ the employees of the Bargaining Unit who would otherwise be laid off with similar terms and conditions of employment is not a breach of this provision. ARTICLE 13- WORK OF THE BARGAINING UNIT Persons excluded from the bargaining unit shall not perform duties performed by employees in the bargaining unit with the exception of management staff and other staff as required on a temporary short term basis to ensure operational requirements are maintained. ARTICLE 14- PRINTING The Employer and the Union will share equally in any cost of printing the Collective Agreement. ARTICLE 15- LEAVE OF ABSENCE The Employer may grant or refuse a request for a leave of absence without pay for extenuating personal reasons, provided that notice in writing, is received one month in advance unless impossible, and that such leave may be arranged without undue inconvenience to the normal operations of the Employer. When applying for a leave the employee must indicate the date of departure and specify the date of return. If a leave of absence is granted, the employee shall be advised in writing with a copy to the Union. To qualify for leaves of absence as stipulated above the employee must have completed six (6) months of employment with the Employer and it is expressly understood no benefit except as hereinafter provided shall accrue to or be paid to any employee on leave of absence Pregnancy and Parental Leave Pregnancy and parental leaves will be granted in accordance with the Employment Standards Act. 14

16 15.03 Union Leave The Employer shall grant leave of absence to employees to attend Union Conventions, seminars, Education Classes, or other Union business. The Union agrees that such leave will not unduly affect the proper operations of the Employer. In requesting such leave of absence, the Union must give twenty-one (21) days clear notice to the Employer, to be confirmed by the Union in writing. (c) (d) Employees on unpaid union leave of up to thirty (30) days will be maintained on normal pay and benefits and the Employer shall bill the Union for such leave within thirty (30) days of the leave being taken. Upon application by the Union in writing, the Employer will give reasonable consideration to a request for leave of absence, without pay, to an employee elected or appointed to a full-time Union office. It is understood that not more than one (1) employee in the bargaining unit may be on such leave at the same time. Such leave, if granted, shall be for a period of one (1) calendar year from the date of appointment unless extended for a further specific period by agreement of the parties. Seniority and service shall accumulate during such leave to the maximum provided, if any, under the provisions of the Collective Agreement. It will become the responsibility of the employee for full payment, one (1) month in advance, of any applicable benefits in which the employee is participating during such leave of absence. It is agreed that for the purpose of Occupational Accident Insurance coverage, such employees are deemed to be employed by the Union Bereavement Leave (c) Upon the death of an employee's spouse (to include same sex partner), child or stepchild, an employee shall be granted leave up to a maximum of five (5) days without loss of pay, ending with the 2nd day following the day of the funeral. Upon the death of an employee's mother, father, step parents, mother-inlaw, father-in-law, brother, sister, brother-in-law, sister-in-law, legal guardian, grandchildren, son-in-law, or daughter-in-law the employee shall be granted leave up to a maximum of three (3) days without loss of pay ending with the day of the funeral. It is agreed that this leave is to apply only where the employee is in attendance at the funeral and pay for such days of absence is limited to the days actually missed from work as per the employee's scheduled working days. If the funeral is not attended the paid leave shall be limited to two (2) days ending no later than the day of the funeral. 15

17 (d) (e) (f) In the event of a spring interment, an employee may save one of the days identified above without loss of pay to attend the interment. An employee shall be granted one (1) day bereavement leave without loss of pay on the death of his/her aunt or uncle, niece or nephew or grandparent. An employee will not be eligible to receive payment under the terms of Bereavement Leave for any period in which she is receiving payments for holiday pay or vacation pay. Note: It is understood that if an employee is on sick leave and attends the funeral that the bereavement leave will not be charged against sick leave accumulated. (g) Where it is necessary because of significant distance, the employee rhay be provided up to four (4) days additional unpaid leave Jury and Witness Duty If an employee is required to serve as a juror in any court of law, or is required by subpoena to attend a court of law or coroner's inquest in connection with a case arising from the employee's duties at the workplace, the employee shall not lose regular pay because of such attendance, provided that the employee: (c) notifies the Employer immediately of the employee's notification that he will be required to attend at court; presents proof of service requiring the employee's attendance; and deposits with the Employer the full amount of compensation received, excluding mileage, travelling and meal allowance, and an official receipt thereof Educational Leave (c) If required by the Employer, an employee shall be entitled to leave of absence with pay and without loss of seniority and benefits to upgrade his or her employment qualifications. Where employees are required by the Employer to take courses to upgrade or acquire new employment qualifications, the Employer shall pay the full cost associated with the courses. The CEO may grant a request for unpaid leave of absence to upgrade employment qualifications, provided that she receives at least one month's notice in writing unless impossible and provided that such a leave may be arranged without undue inconvenience to the normal operations of the 16

18 Employer. Applicants, when applying, must indicate the date of departure and specific date of return An employee who has been granted a leave of absence of any kind, and who overstays his leave, unless he obtains permission or provides a satisfactory explanation, shall be considered to have terminated his employment without notice An employee who is elected to Federal, Provincial, Municipal or Regional Municipal office, who is required to be absent from work because of their elected or appointed duties shall upon written application to the Employer, be granted full unpaid leave of absence to comply for the duration of their elected term. Seniority and service shall continue consistent with the collective agreement. ARTICLE 16 HOURS OF WORK The provisions of this article shall not be interpreted so as to create a guarantee or limitation of the hours of work of bargaining unit employees, except where such limitation is expressly stated. (c) (d) Employees may be regularly scheduled to work up to a maximum of 27 (twenty-seven) hours per week. Employees may also be called in under article 17 or scheduled for hours up to 40 hours per week. Shift schedules for Support Centre based employees covering a four (4) week period will be posted two (2) weeks in advance. Community Peer Support schedules will be submitted by Community Peer Support staff and approved by management weekly, then posted Employees scheduled for more than five (5) hours in a day will receive a thirty (30) minute paid lunch Employees scheduled for five (5) hours or less in a day will receive one (1) paid fifteen (15) minute break It is understood that Support Centre employees on a paid break must remain at the Support Centre during the hours of operation. 17

19 ARTICLE 17- PREMIUM PAYMENTS Overtime {b) (c) (d) Authorized work performed in excess of eight (8) hours in a day or forty (40) hours per week will be paid for at the rate of time and one-half the employee's regular rate of pay. In the event employees of their own accord, for their own personal convenience, arrange to change shifts with appropriately qualified other employees, with prior approval of the CEO or her designate, the Employer reserves the right to request signed statements from such employees and shall not be responsible or liable for overtime rate claims and noncompliance with the above provisions, that might arise or accrue as a result of the exchange of shifts. Such permission shall not be unreasonably denied. Employees who work overtime will not be required to take time off in regular hours to make up for overtime worked, but may take time off equivalent to overtime by mutual agreement. Overtime shall be based on the employee's regular rate of pay and there shall not be any pyramiding of overtime under this Article Minimum Reporting Allowance If an employee reports for work at the regular scheduled time for his or her shift, he or she will be entitled to a minimum of three (3)hours pay at not less than his or her regular rate, unless previously notified by the Employer to the contrary, either orally, or by notice on the bulletin board or by message left at the employee's residence; provided that, the employee shall perform a minimum of three (3)hours of such available work as the Employer may assign; provided further, that this section shall not apply in the case of any labour dispute or emergency such as fire or power shortage, which prevent the operation of the Employer, nor shall it apply to employees returning to work without notice after leave of absence. If a staff fails to report for his/her shift at a centre and if the Network Administrator has exhausted the call-in availability options, the remaining staff will be entitled to work his/her scheduled shift with alternate duties as determined by the Centre Coordinator Call-Back When employees are called back to work after leaving the Employer premises upon completion of their shift, such employees will receive a minimum of three (3) hours pay at straight time rates. It is understood that this provision shall not 18

20 apply in the case of employees required to work immediately prior to the commencement of their regular shift Call-In (d) (d) "Call-In" shall mean the calling in to work at the Employer's request of an employee on an assigned day off as per the posted schedule. Where the call-in is requested within one-half(%) hour of the shift and the employee commences work within one (1) hour of the call, then the employee will be paid as if the entire shift had been worked, provided she completes the shift for which she was called in. Employees will notify the employer, in writing, of which Centre(s) they wish to have the opportunity to be called in to. The Employer will create an availability list based on employees' stated preferences. All call-in of shifts shall be given in order of seniority on a rotational basis of those employees on the availability list for the specific Centre, at nonovertime rates of pay. First offer by rotational seniority to permanent employee within classification for the centre. Then to employee in other classification - permanent employee by rotational seniority within centre if qualified. Then to on-call permanent employees from other centres by rotational seniority who are qualified, then to relief staff. (Relief staff are always last to be called) Missed Call-In Opportunity The parties agreed upon the appropriate redress if an employee is inadvertently overlooked for a call-in opportunity. Presuming redress is appropriate, the following procedures apply: (c) (d) The employee will be offered an alternate work opportunity of equivalent duration. The employee will be working as an extra, over and above normal staffing levels, within their own classification. The work opportunity will occur on a date mutually agreed upon, but within forty (40) days of the occurrence. If the employee declines the opportunity, or does not work the shift, they have no further claim. 19

21 ARTICLE 18- HEALTH AND SAFETY The Employer and the Union agree that they mutually desire to maintain standards of safety and health in the workplace, in order to prevent injury and illness and abide by the Occupational Health and Safety Act as amended from time to time A Health and Safety representative from the bargaining unit will be appointed by the workers at each Centre. The Health and Safety representative will attend at the current monthly network meeting where it is agreed that health and safety will be on the agenda at each meeting. The Health and Safety representative from each Centre will be the only representative from their respective Centre at the monthly network meeting. Scheduled time spent in such meetings is "to be considered time worked for which representative(s) shall be paid by the Employer at his or her regular or overtime rate. Minutes shall be taken of all meetings and copies shall be sent to each Centre for posting. The Employer shall provide the time from work with pay and all related tuition costs and expenses necessary to certify one (1) worker representative, as required by the Occupational Health and Safety Act. The Health and Safety representative under article shall make monthly inspections of the work place and shall report to the current monthly network meetings the results of their inspection. The Employer shall provide the member with such information and assistance as the member may require for the purpose of carrying out the inspection of the Centre. Scheduled time spent in all such activities shall be considered as time worked The Union will use its best efforts to obtain the full co-operation of its membership in the compliance of all safety rules and practices The Employer shall: (c) inform employees of any situation relating to their work which may endanger their health and safety, as soon as it learns of the said situation; inform employees regarding the risks relating to their work, and provide training and supervision so that employees have the skills and knowledge necessary to safely perform the work assigned to them; ensure that the applicable measures and procedures prescribed in the Occupational Health and Safety Act are carried out in the workplace; 20

22 (d) ensure that all acts of alleged assault are reported to the police for investigation and possible charges A worker shall; (c) (d) work in compliance with the provisions of the Occupational Health and Safety Act and the regulations; use or wear the equipment, protective devices or clothing that the worker's Employer requires; report to his or her Employer or supervisor the absence of or defect in any equipment or protective device of which the worker is aware and which may endanger himself, herself or another worker; and report to his or her Employer or supervisor any contravention of the Occupational Health and Safety Act or the regulations or the existence of any hazard of which he or she knows Injured Workers Provisions At the time an injury occurs, the injured worker's Employer shall pay for transportation for the worker (if the worker needs it) to a hospital. ARTICLE 19- PAID HOLIDAYS The following days shall be recognized as paid holidays: New Year's Day Family Day Good Friday Victoria Day Canada Day Civic Holiday Labour Day Thanksgiving Day Christmas Day Boxing Day Christmas Eve Day New Years Eve Day Easter Monday If an employee is scheduled to work on a statutory holiday, by mutual agreement with the Employer, the employee may take a lieu day off either within the same pay period of the holiday, or up to thirty (30) days following the holiday. If requested, the employee will be paid for the lieu day in the pay period when the lieu day is scheduled An employee will qualify for holiday pay if the employee worked her scheduled day before and scheduled day after the holiday. However, if an employee's absence on the regular working day immediately prior to and/or following a holiday is due to an illness as confirmed by a doctor's certificate, if required by the Employer, the forego ing qualifications would not apply. 21

23 19.03 An employee who is required to work on any of the above mentioned holidays will receive pay at the rate of time and one-half for all hours worked on the holiday An employee who is absent on any of the above named holidays after being required to work forfeits all pay for that day unless absence is due to illness verified by doctor's certificate, if required by the Employer, in which case the employee will receive straight time for such holiday. ARTICLE 20- VACATIONS Employees who have completed their probationary period will be granted four per cent (4%) of gross earnings in lieu of vacation and in addition may take up to two (2) weeks off for vacation Employees who have completed five (5) years of service as of their anniversary date of hire, and not hours worked, will be granted six per cent (6%) of gross earnings in lieu of vacation and in addition may take up to three (3) weeks off for vacation Employees who have completed ten (10) years of service as of their anniversary date of hire, and not hours worked, will be granted eight per cent (8%) of gross earnings in lieu of vacation and in addition may take four (4) weeks off for vacation The Employer will pay vacation pay on the first pay in May of each year or at the time vacation is taken as requested. The vacation pay will be on a separate check. The request for vacation shall be submitted as per Employer policy. Employees may request, in writing, that their holiday pay be paid on their regular pay. Once received in writing, the Employer will pay the vacation pay on each pay The periods at which employees shall take vacation shall be based on the selection by the employees according to seniority but shall be finally determined by the Site-Coordinator having due concern for the proper operation of the workplace. ARTICLE 21- EMPLOYEE ASSISTANCE PROGRAM The Employer will pay 100% of the premiums necessary to enroll all employees in an Employee Assistance Program. 22

24 ARTICLE 22- SICK LEAVE AND OCCUPATIONAL ACCIDENT INSURANCE Pay for sick leave is for the sole and only purpose of protecting employees against loss of income and will be granted to all employees on the following basis: Employees who have completed the probationary period shall accumulate sick leave credits at the rate of Employees who work 15 hours a week and over shall receive 7.5 hours (1 credit) each month, Employees who work less than 15 hours per week shall receive 7.5 hours (a Credit) every 2 months worked to a maximum 12 credits. Casual Employees who have completed the probationary period shall accumulate sick leave credits at the rate of 7.5 hours (1 credit) for each period of hours paid. If you take 5 hours off you get 5 hours depleted from your sick time. An employee who is absent from work as a result of an illness or injury sustained at work and who is awaiting approval of a claim for Occupational Accident Insurance benefits may use accumulated sick leave credits, if any, provided the employee provides evidence of disability satisfactory to the Employer. If the employee's insurance claim is approved by the insurer, the employee shall pay the Employer the total amount of sick leave benefits received from the insurer relating to the time period covered by the advance of sick leave credits, which will be returned to the employee's sick leave bank. If the employee's claim is denied by the insurer, the sick leave credits used will remain deleted from the employee's sick leave bank. In no event shall an employee receive both sick leave pay and insurance benefits for the same time frame. (c) (d) Where an employee's scheduled vacation is interrupted due to a serious illness requiring the employee to be an in-patient in a hospital, the period of such hospitalization shall be considered sick leave provided the employee provides a satisfactory documentation of the illness and the hospitalization. The portion of the employee's vacation which is deemed to be sick leave under the above provision will not be counted against the employee's vacation credits. The Employer may request proof of disabling accident or sickness. The Employer shall exercise discretion in making such requests. The Employer will notify the employees of their accumulation of sick leave on request. 23

25 ARTICLE 23- COMPENSATION Attached hereto and forming part of this Agreement is Schedule "A" relating to job classifications and hourly rates of pay Temporary Transfers When an employee is assigned temporarily to perform the duties and assume the responsibilities of a higher paying classification in the bargaining unit, she shall be paid the rate in the higher salary range immediately above her current rate for all hours worked in the assignment New Classification When a new classification (which is covered by the terms of this agreement) is established by the Employer, the Employer shall determine the rate of pay for such new classification and notify the Local Union of the same within seven (7) days. If the Local Union challenges the rate, it shall have the right to request a meeting with the Employer to endeavour to negotiate a mutually satisfactory rate. Such request will be made within ten (10) days after the receipt of notice from the Employer of such new occupational classification and rate. Any change mutually agreed to resulting from such meeting shall be retroactive to the date that notice of the new rate was given by the Employer. If the parties are unable to agree, the dispute concerning the new rate may be submitted to arbitration as provided in the Agreement within fifteen (15) days of such meeting. The decision of the Board of Arbitration (or arbitrator as the case may be) shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classification. When the Employer makes a substantial change during the term of the Agreement in the job content of an existing classification which in reality causes such classification to become a new classification, the Employer agrees to meet with the Union if requested to permit the Union to make representation with respect to the appropriate rate of pay. If the matter is not resolved following the meeting with the Union the matter may be referred to arbitration as provided in the Agreement within fifteen (15) days of such meeting. The decision of the Arbitrator shall be based on the relationship established by comparison with the rates for other classifications in the bargaining unit having regard to the requirements of such classifications. The parties further agree that any change mutually agreed to or awarded as a result of arbitration shall be retroactive only to the date that the Union raised the issue with the Employer. 24