between Assistance/624... · 14.05 Camping Trips ... Letter of Understanding -Summer Layoff Process...

I

Collective Agreement

between

Ontario Public Service Employees Union on behalf of its Local 361

and

Frontenac Youth Services

DURATION: April 1, 2017 - March 31, 2018

#/'\. OPSEU 11/LJsEFPO

Uncontrolled copy of 3-361-5044-20180331-15 CA

Sector 15 3-361-5044-20180331-15

Table of Contents

ARTICLE 1 - PURPOSE.· .............................................................................................. 1 ARTICLE 2 - RECOGNITION ....................................................................................... 1 ARTICLE 3 - MANAGEMENT RIGHTS ........................................................................ 2 ARTICLE 4 - UNION REPRESENTATION ............................... ~.~ ................................. 3

4.01 Negotiating Committee ........................................................................... 3 4.02 Union Stewards ........................................................................................ 3

ARTICLE 5 - LABOUR/MANAGEMENT RELATIONS COMMITTEE .......................... 3 ARTICLE 6 - NO DISCRIMINATION ............................................................................ 4 ARTICLE 7 - NO STRIKES, NO LOCK-OUTS ............................................................. 5 ARTICLE 8 - UNION SECURITY .................................................................................. 5 ARTICLE 9 - SENIORITY ............................................................................................. 6 ARTICLE 10 - JOB POSTING ...................................................................................... 8 ARTICLE 11 - LAY-OFF AND RECALL ........................................................................ 9 ARTICLE 12 - GRIEVANCE PROCEDURE ............................................................... 10

12.01 Purpose of this Article ...................................... ~ ................................. 1 O 12.02 Definition of a Grievance .................... 111··············································· 10 12.03 Grievance Steps .................................................................................. 11 12.06 Discharge Grievance .......................................................................... 12 12.07 Arbitration ............................................................................................ 12

ARTICLE 13 ·WAGES ................................................................................................ 14 New or Revised C·lassifications .................................................................... 14

ARTICLE 14 - HOURS OF WORK AND OVERTIME ................................................. 15 Youth and Family Counselling Employees .................................................. 15 Day Treatment Ghild and Youth Workers .................................................... 15 Residential Child and Youth Workers .......................................................... 15 Intensive/Crisis SerY"ice Workers ................................................................. 16 Mental Health School Workers ......................................................... ' ... 16 Job Sharing ................................................................... ·~: ............................... 16 14.02 Overtime Pay ....................................................................................... 16 14.03 Flex Time ................................................... · ............................ 18 14.04 Shift Premium ...................................................................................... 18 14.05 Camping Trips ..................................................................................... 18 14.06 Shift Schedules ................................................................................... 19 14.07 Call In/Call Back .................................................................................. 19

ARTICLE 15 - PAID HO~IDAYS ................................................................................ 19 ARTICLE 16 - VACATIONS ....................................................................................... 21 ARTICLE 17 _,LEAVE OF ABSENCE .............................................. ~ ......................... 22

17 .01 Leave - Ge.neral ................................................................................... 22 17.02 Bereavement Leave ........................................... ~ ................................ 23

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17.03 (a) Compassionate Leave .................................... : ............................... 23 17.03 (b) Personal Leave ............................................... : ............................... 23 17.04 Pregnanc·y and Parental Leave .......................... : ............................... 24 17 .05 Paternity 4eave .................................................... ! ............................... 24

' '. 17.06 Union Leave - General ........................................................................ 24 17 .07 Union Leave - Executive Board Members ......... : ............................... 24 17.08 Union Leave - Presidential ................................. : ............................... 25 17.09 Employer's Right to Refuse Leave ..................................................... 26 17.10 Workshops, Conferences, Seminars ................................................. 26 17.11 Manditory Training ............................................................................ 26 17.12 Pre-Paid Leave ........................................................................ 27

ARTICLE 18 - BENEFIT PLANS ................................................................................ 31 18.02 Change of Carriers ............................................. ; ............................... 32 18.03 Benefit Payment During Leaves of Absence ..... ~ .............................. 32 18.04 Sick Leave Supplement ...................................................................... 33 18.05 Short term Income Protection Plan (STIP) ................................... 33 18.06 Kilometric Rates .................................................................................. 33

ARTICLE 19 - HEAL TH AND SAFETY ...................................................................... 34 ARTICLE 20 • JURY DUTY ........................................................................................ 35 ARTICLE 21 - GENERAL ........................................................................................... 35

21.01 Bulletin Boards .................................................................................... 35 21.03 Access to Personnel Records ........................................................... 36 21.05 Adverse Records ..................................................................... 36 21.06 Printing of Agreement ....................................................................... ~ .. 36 21.07 Pension Contributions ........................................................................ 37 21.08 Orientatio{l ............................................................. -.............................. 37 21.09 Terminati.dn ......................................................................................... 37

ARTICLE 22 - CONTRACTING OUT ................................... ~ ........................... 38

ARTICLE 23 - DURA Tl~N ····································~····················•······························· 38 SCHEDULE A -WAGEiRATES - SALARY NOTES .................................................. 39 SCHEDULE B - JOB SHARING AGREEMENT ......................................................... 40 SCHEDULE C- CONTRACT, PART-TIME, CASUAL EMPLOYEES ......................... 42 Letter of Understanding- Return Ticket Program .................................................. 44 Letter of Understanding- Violence in the Workplace ............................................. 46 Letter of Understanding- OPSEU Pension Trust .................................................... 47 Letter of Understanding- Labour/Management Relations Co,mmittee ................. 48 Letter of Understanding - Summer Layoff Process ............. : ........................... 49

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ARTICLE 1- PURPOSE

1.01

1.02

It is the purpose! of this agreement to promote and improve relations between the

Employer and those of its Employees who are represented by the Union, and to set forth

the terms and conditions of employment of such Employees, and to deal with the

relationship concerning other matters as between the parties.

"Employee" as us~d in this agreement shall mean the persons described in the bargaining

unit set forth in clause 2.01.

ARTICLE 2 - RECOGNITION , ·

2.01

2.02

The Employer recognizes the Union as the sole and exclusive bargaining agent of all

employees of Frontenac Youth Services, employed in the Region of Durham, save and

except supervisors and persons above the rank of supervisor, senior clinicians, the

Account/Administrator, the executive secretary and receptionist.

Definitions

Full time employees are those employees· who are working a full time equivalent.

Permanent Part Time employees are those employees who are employed at regular

scheduled hours less than 1.0 FTE. When a permanent part-time works regularly more

that twenty-four (24) hours they will receive health and dental benefits. Entitlements will '

be prorated based: on their FTE.

Contract employees are hired on a temporary basis for backfilling for approved leaves of

absence. Long-term contracts are those contracts exceeding six (6) months. Short-term

contracts are for six (6) months or less.

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2.03

Casual relief are those employees workiflg on an as needed basis. Hours to be up to

twenty-four (24) per week or forty-eight ( 48) hours in a two week pay period.

Employees who are not bargaining unit members shall not perform bargaining unit work,

save and except, during emergency situations and when bargaining unit employees are not

available.

ARTICLE 3 - MANAGEMENT RIGHTS

3.01

3.02

Management of, ~pd the direction of the Employees are ve~ted in the Employer and shall

not in. any way beiabridged except as specific restrictions are set forth in this agreement.

The Union acknowledges that it is the exclusive function of the Employer to: !

(a) Maintain order, discipline and efficiency; to establish and enforce reasonable rules;

(b) Hire new Employees, classify, direct, promote, demote, transfer, assign shifts,

discipline, suspend and discharge Employees, and to increase and decrease the

working forces, provided that a claim by an Employee that he has been discharged or

otherwise disciplined without just cause may become the subject of a grievance and

be dealt with as hereinafter provided;

(c) Generally to manage the enterprise in which the Employer is engaged and, without

restricting t~e generality of the foregoing, to determine the schedules of work; when

overtime shall be worked; the means of performing work; job content and

requirement; the qualifications of Employees; and to establish policy and

procedures for the efficient conduct of its business.

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The Employer shall exercise its rights in a manner that is cor:isistent with the terms of this L.

agreement. ..

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' ARTICLE 4 - UNION REPRESENTATION

4.01

4.02

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Negotiating Committee

The Employer agrees to recognize a Negotiating Committee consisting of six (6) bargaining

unit Employees. The Committee will be representative, as much as possible, of both the

full-time and part-time employees and a cross-section of the positions within the

bargaining units. The Committee shall have the right to have the assistance of full-time ' '.

representatives of the Union when negotiating with the Employer. The Employer agrees to

pay Employee members of the Negotiating Committee for time spent during their regular

working hours in negotiation with the Employer, including conciliation.

Union Stewards

The Employer a~rees to recognize up to six (6) Stewards to assist Employees in the

presenting of grievances in accordance with the grievance procedure. Stewards, after first

obtaining permis~i1on from their supervisor, which permission shall not be unreasonably

withheld, will be p~rmitted at reasonable times during working hours to leave their regular

duties to perform· their functions. When returning to their regular duties, the Steward(s)

shall notify their supervisor. Steward(s) shall be compensated for the time so taken when it

is during their regular working hours. The Employer reserves the right to limit such time if

it deems the time so taken to be excessive.

ARTICLE 5 - LABOUR/MANAGEMENT RELATIONS COMMITTEE

5.01 A Labour/Management Relations Committee (LMRC) .will be comprised of equal

representation (three (3)) from both the Employer and the Union. The Union

representatives to the LMRC shall be elected or appointed by the union for a two (2) year

term.

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5.02

5.03

5.04

5.05

The Committee shall meet for the purpose of discussing all matters of mutual concern.

If deemed necessary by either the Employer or the Union, a committee meeting may be

called. The party who calls the meeting shall ensure that all members shall receive a notice 1 I

of the meeting atileast one (1) week in advance of such meeting. If both parties mutually l ' ~

agree, additional meetings may be held. ·

The Committee shall not have jurisdiction over wages, or any matter of collective

bargaining, including the administration of the collective agreement.

The Committee shall not supersede the activities of any other Committee of the Union or

the Employer and does not have the power to bind either the Union or its members or the

Employer to any decisions or conclusions reached in their discussions.

The Committee shall have the power to make recommendations to the Union and the

Employer with respect to discussions and conclusions. Time spent by Employees in

carrying out the (unctions of the Committee shall be considered to be time worked. J

ARTICLE 6 - NO DISCRIMINATION

6.01

6.02

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i ~.

The Employer an'd the Union agree that there shall be no discrimination, interference, . I

restriction, coercion, or intimidation exercised or practised by any of their representatives

or agents against any Employee because of the Employee's membership or

non-membership in the Union, and there shall be no Union activity, solicitation for

membership, or collection of dues on the Employer's premises during working hours except ;

with the permission of the Employer or as specifically provided for in this Agreement.

The Employer and Union recognize the inherent dignity, worth and rights of each

individual. The parties agree to maintain a workplace where behaviour that contravenes the ! .

Ontario Human Rights Code, Employment Standards Act, Labour Relations Act or the

Occupational Health and Safety Act of Ontario is not condoned. To these ends, the

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6.03

i. I•

Employer agrees to maintain a policy with respect to no har~ssment in the workplace which I

is accessible to all employees.

The Employer and the Union agree that there shall be no discrimination contrary to the

Ontario Human Rights Code against any Employee because of race, ancestry, place of

origin, colour, eth11ic origin, citizenship, creed, sex, sexual orientation, gender identity,

gender expression~ age, marital status, family status or di~ability . . '

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ARTICLE 7 - NO STRIKES. NO LOCK-OUTS

7.01 The Union agrees there shall be no strikes and the Employer agrees that there shall be no

lockouts so long as the Agreement continues to operate. The terms "strike" and "lockout"

shall bear the meaning given them in the Ontario Labour Relations Act.

ARTICLE 8 - UNION SECURITY

8.01 I I

During the lifetime of this agreement the Employer sh~ll deduct from the pay of all 'I

Employees covered by this agreement, on the first pay day of each calendar month, the . .

amount of the regular monthly dues payable by all memb~rs of the Union as certified by

the Financial Director of the Union. The said sums shall be accepted by the Union as the

regular monthly dues of those Employees who are or shall become members of the Union,

and the sum so deducted from non-members of the Union shall be treated as their

contribution towards the expenses of maintaining the Union. I '

The Employer sha~I forward to the Union all monies deducted not later than the 15th of the t '

month following t~e month in which the deduction was made along with a list showing the ,

name, address ~~d social insurance number of all Employees from whose wages the I

deductions have been made, and also the names of any Employees who have left the

employ of the Employer since the last deduction.

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8.02

At the same time that Income Tax (T4) slips are made available, the Employer shall type

on such slips the amount of money remitted to the Union on behalf of each Employee in

the period covered.

The Union agree~ to indemnify and save the Employer harmless from liability arising out

of the operation of this Article.

All new bargaining unit employees will have the opportunity to meet with a representative

of the Union in the employ of the Employer .for a period of up to 15 minutes during the

employee's probqtionary period, without loss of regular earnings. The purpose of such

meeting will be to~acquaint the employee(s) with such repre~entative of the Union and the I ,

Collective Agreement. These interviews will be arranged in advance by the unit Steward ''· ' : ' '

and may be arranged collectively or individually. Upon hire, the Employer will advise the

Unit Steward of the name, job classification and start date 'of any newly hired bargaining

unit employees.

ARTICLE 9 - SENIORITY

9.01 An Employee shall be considered as a probationary Employee until he has been in the

continuous employment of the Employer for a period of six (6) consecutive months

worked. A performance appraisal may be conducted prior to the completion of this period I

to confirm one's progression beyond the probationary period.

A casual relief /contract Employee who has subsequently been continued in employment as

a permanent full time Employee shall only be required to complete a probationary period of

three (3) months~ During the probationary period the Em.ployee must demonstrate the I "

suitable and appropriate qualities and the necessary skill and ability to perform all

requirements of the job, consistent with the expectations of the Employer at the time of

hiring. I

Upon completion of the probationary period an employee will be placed on the seniority

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9.02

9.03

list. Seniority for full time employees is defined as length of service in the Bargaining Unit.

Casual Relief an~i Permanent part time employees will have their seniority based on

number of hours worked. If hired as full time, casual/permanent part time employees will

be credited for their seniority by converting hours worked to years. Where one (1) year

equals two thousand and eighty (2080) hours.

The Employer shall maintain separate seniority lists. for full time and casual I

relief /permanent part time employees. A copy of the sen.iority list shall be posted on all

bulletin boards and sent to the Union twice annually, on April 1st and September 1st, and

shall be kept up-to-date by the Employer. The list provided to the Union shall include

employee name, job classification and any employee on leave of greater than thirty (30)

calendar days.

An Employee shall lose his seniority and shall be deemed to have terminated his

employment for the following reasons:

(a) If the Emplo.yee quits;

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1 t (b) If the Emp.l9yee is discharged and such discharge is not reversed through the

grievance procedure;

( c) If he fails to notify the Employer of intention to resume work for the Employer within

five (5) working days following the date on the w~itten notice of recall from the

Employer sent by registered mail to the Employee's last known address, or fails to

report for work within five (5) working days from such notification except for reasons

satisfactory to the Employer;

(d) If he overstays a leave of absence or vacation without reasonable cause;

( e) If he absents himself from work without notifying the Employer in advance, unless a

reasonable explanation is given to the Employer; !

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9.04

(f) .

If the Employee is not at active work for a period of tWenty-four months as a result ) '.

of disability or layoff.

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(g) If an employee utilizes a leave of absence for a purpose other than the purpose for

which the leave was granted.

If an Employee is transferred to a position outside the bargaining unit, he shall retain his

seniority accumulated up to the date of leaving the unit, but will not accumulate further

seniority. If such Employee subsequently returns to a position in the bargaining unit, he

shall be credited with his seniority accumulated up to the date of transfer outside the unit.

ARTICLE 10 - JOB POSTING

10.01 Where a vacancy exists, or where the employer creates a new position in the bargaining

unit, or for contracts of three (3) months or more, such vacancy shall be posted in the

residences and at head office for a period of ten (10) calendar days. The Day Treatment

manager will notify employees in the Day Treatment of the posting. A copy of the notice , I

shall be sent to' the Unit Steward. All applications will be acknowledged. Where I .

practicable, vacancies in a permanent position will be filled promptly. The Unit Steward . ! '

shall be provided! }he name of the successful applicant, their terms and conditions of

employment, date of hire, length of contract (if applicable) and wage grid. If no candidate

is appointed or the position is not to be filled then the Local shall be so notified.

10.02 In filling a vacancy, the Employer will give primary consideration to qualifications and skill. I !

Where qualifications and skill are relatively equal, seniority shall be the deciding factor.

10.03 The successful applicant shall be allowed a trial period of up to thirty (30) days, during

which the employer will determine if the employee can satisfactorily perform the job.

Within this period the employee may voluntarily return, or be returned by the Employer to

8


the position formerly occupied, without loss of seniority .. The vacancy resulting from the I

posting may be filled on a temporary basis until the trial period is completed.

10.04 A temporary vacancy of less than three (3) months duration may be filled at the Employer's

discretion. In filing any temporary vacancy exceeding three (3) months, the Employer shall

consider the factors as outlined in 10"02. Where an Employee is assigned temporarily to

perform the duties of a position in a classification with a higher salary maximum, s/he shall

be paid his/her ourrent salary, or the start rate of the new classification, whichever is

higher.

10.05 The Unit Steward ~ill be notified of all short term contracts, long-term contracts and new

hires on a monthly basis. While recognizing management rights noted in Article 10.04.

ARTICLE 11- LAY-OFF AND RECALL

l I

11.01 Where there is a need to institute a layoff(s), the Employer shall first meet at the LMRC

with the Union to discuss measures such as voluntary layoffs to avoid the layoff(s). Any

agreement reached will replace the provisions set out in this article. Where no agreement is

reached, the Employer will proceed to implement the lay0ff provisions as set out herein.

11.02 (a) A layoff is defined as a reduction or the elimination of one or more bargaining unit

positions which are occupied by employees at the time of elimination and/or the

significant redµction of hours for an employee.

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(b) A permanent layoff(s) shall be conducted based by seniority and ability to do the

required work. Where in the opinion of the Employer, work performance and ability to

do the job are ;equal, then the employee with the greatest seniority will be the last to be

laid off. Recall shall be on the basis of the employee with the greatest seniority having

the first opportunity to recall based on the above factors. The recall period is noted in

Article 9.03 (f).

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11.03

11.04

(c) A temporary layoff(s) shall be conducted based on seniority and ability to do the

available work within the classification. Where in the opinion of the Employer, work

performance and ability to do the job are equal, then the employee with the greatest

seniority will be the last to be laid off. Employee(s) shall be recalled to available work on

the basis of seniority and ability to do the available work. The employee with the

greatest seniority having the first opportunity to recall based on the above factors.

The Employer agrees to provide the union with as much advance notice as possible of

any layoff(s),,but in no case may an Employee who has not received ninety (90) days I

notice be laid off. I,,

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New Employees shall not be hired where there are. Employees on layoff able to

perform the j~b. l '

ARTICLE 12 - GRIEVANCE PROCEDURE

12.01 Purpose of this Article

The purpose of this article is to establish a procedure for the settlement of grievances.

12.02 Definition of a Grievance

A grievance is defined and limited to a complaint or dispute concerning the interpretation,

application, administration, arbitrability, or alleged violation of this agreement.

' '

12.03 Should differences arise as to the application, administratipn, or alleged violation of this

agreement, the aggrieved Employee, within ten (10) workirlg days after the circumstances

giving rise to the complaint or difference, must first dtscuss his complaint with his ' , I

immediate supervisor outside of the bargaining unit. If the ·Employee wishes, he may be . I ,

assisted by his steward. If no settlement is reached within three (3) days, such difference

shall be adjusted according to the following steps. Any judgement so made shall be final

10

. Uncontrolled copy of 3-361-5044-20180331-15 CA

2.04

and binding upon~ path parties and the Employee concerned.

Step No. 1: Complaint Stage

Within eight (8) working days following the discussion of the complaint with his immediate

supervisor, the Employee, with the assistance of his Steward if desired, may submit a

grievance which must be in writing to the Human Resourc~~ Manager or delegate, who in . 4

turn will deliver his decision in writing five (5) working days thereafter. Failing settlement,

then:

Step No. 2:

Within ten (10) working days following receipt of the Human Resources Manager's, or

delegate's written decision, the grievance may be submitted in writing to the Executive

Director. A meeting will then be held between the Executiye Director and the Union within

five (5) working days of the submission of the grievance at Step 2, unless extended by

agreement of the parties. ' . '

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It is understood th~t full-time representatives of the Union and the griever may be present

at the meeting. It is further understood that the Executive Director or his delegate may

have such counsel and assistance as he may desire at the meeting. The party responding

to the grievance shall reply in writing within ten (10) working days of the meeting. Failing

settlement, the grievance may then be submitted to arbitration within fifteen (15) working

days following the reply, in accordance with Article 12.01r.'

The Union or the :Employer may initiate a written grievcyice beginning at Step 2 of the

grievance procedure. Such grievance shall be filed with the Executive Director or the

Union within ten (10) working days after the circumstances giving rise to the grievance

have occurred. The Union shall not file a grievance if it could have been made the subject

of a grievance by an individual member of the bargaining unit.

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12.05 Any grievance not:commenced or processed through to the· next stage of the grievance or

arbitration procedure within the time specified shall be de~med to have been settled in

accordance with n;ianagement's last reply.

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The limits in the grievance and arbitration procedure shall be deemed exclusive of

Saturdays, Sundays, and statutory holidays.

12.06 Discharge Grievance i

Any Employee who believes that he has been discharged or suspended without just cause

may submit a written grievance at Step 2 of the grievance procedure within ten (10)

working days of the discharge or suspension.

12.07 Arbitration

Where a grievance that has not been resolved through the grievance procedure is referred

to arbitration, the following shall apply: I

a) The party ref~rring the grievance shall give written notice to the other party not later

than fifteen 1 (15) days after the response from Stag~

12 that it intends to refer the

matter to arb_itration, giving the name and address or the proposed arbitrator.

b) Within ten (10) days after receiving such notice, the other party shall respond by

agreeing to the arbitrator or proposing an alternative(s) Arbitrator(s).

c) Failing agreement within twenty-one (21) days of sue~ time as may be agreed by the

parties, an appointment may be made by the Office of Arbitration at the request of

either party. The single Arbitrator shall be bound by all clauses in Article 12 in the

same manner as an Arbitration Board.

d) The parties, prior to applying for expedited arbitration under section 46 of the

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12.08

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Ontario Labour Relations Act, RSO 1990 shall attempt to reach an agreement on a I

chairper~on. If a chairperson is not agreed upon within twenty-one (21) days of the

notification that arbitration is being sought, either party may apply for a chairperson

under the Act.

No person shall be appointed to the arbitration board who has been involved in an attempt

to settle the grievance.

12.09 The parties will joJntly bear the expenses of the single arbitrator, and in the case of an

arbitration panel \114here this method is mutually agreed to, the parties will additionally bear

the costs of their nominee to the arbitration board.

12.10 The written finding of the majority of the arbitration board as to the interpretation,

12.11

12.12

12.13

application, administration, arbitrability, or alleged violati~n of this agreement! and where

there is no majority, the decision of the single arbitrator will be final and binding upon the I

parties concerned.

At any stage of the grievance procedure (including arbitrc~tion) the conferring parties may

have the assistance of the Employee concerned and any necessary witnesses.

Employees whose attendance is required at arbitration hearings shall receive permission to

be absent from work.

The arbitrator shall not have jurisdiction to alter or change any of the provisions of this

agreement, nor tq substitute any new provision in lieu thereof, nor give any decision

inconsistent with ~re terms or provisions of the agreement, nor to deal with any matter not

covered by this agreement.

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12.14 If the arbitrator finds that an Employee has been discharged or disciplined contrary to this

agreement, then the arbitrator may order the Employer to reinstate such Employee with or

without compensation or may make such other award as it may deem just.

ARTICLE 13 ·WAGES

13.01 The Employer shall pay salaries and wages as set out in Schedule A attached hereto and

forming part of tris agreement. Each Employee shall be provided with an itemized

statement of his W.ages and supplementary pay and deductiors. Wages shall be paid every

second Friday.

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13.02 New or Revised',Classifications

Ir

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When a classification is to be created, or an existing classif'.ication is to be revised, at the

request of either party the parties shall meet within thirty (30) days to negotiate the salary

range for the new or revised classification, provided that should no agreement be reached

between the parties, then the Employer shall set the salary range for the new or revised

classification subject to the right of the parties to have the rate determined by arbitration.

13.03 All Employees, at the time of hiring, will be placed in a starting classification and salary

base rate, at the ~ale discretion of the Employer. A newly hired Employee will be given

credit for post-graduate equivalent experience on the basis of one grid step per year of

experience.

13.04 Progression to th~ next higher salary base rate within a classification shall occur on an

Employee's anni~~rsary date of employment, save and i~xcept Employees who have ' ' .

reached the high~st paying base in their classification le¥el. This progression will be

automatic.

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; ARTICLE 14 - HOURS OF WORK AND OVERTIME

Note: A work week shall consider time worked and vacation time. Sick time will not be

considered in the calculation of overtime hours unless the employee provides a medical

note to their manager within two (2) weeks of the absence. 1. ',

\' 14.01 The normal work week for group A & B Employees shall be' averaged over a two week pay

period as follows: . ' . '

(a) Youth and Family Counselling Employees (includes Brief and Community Services)

The normal work day for these Employees shall be seven and one-half (7 1/2) hours per

day and thirty-seven and one-half (37 1/2) hours per week, inclusive of a one-half (1/2)

hour paid meal period. It is understood by the parties that these Employees follow a

flexible work hours schedule approved by the Executive Director.

(b) Day Treatment Child and Youth Workers i' . '

The normal work day for these employees shall be seven and one-half (7 1/2) hours per

day, and thirty-seven and one-half (37 1/2) hours per week, inclusive of a one-half (1/2)

hour paid meal period. It is understood by the parties that it may not be possible for all

employees to be scheduled to a responsibility-free meal period, and, where this is not I-:

possible other arrangements may be entered into between the employer and that employee. '

The hours of work shall be 8:30 a.m. to 4:00 p.m. "

(c) Residential Child and Youth Workers

The normal work week for group C Employees shall be forty ( 40) hours per week, as

averaged over a five (5) week period.

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The normal work day for group C Employees shall be eight (8) hours per day, inclusive of a

one (1) hour paid meal period. It is understood by the iparties that these Employees

normally eat me~ls with clients and may not be provided With a responsibility-free meal

period.

The hours of work for group C Employees shall be determined by a written shift schedule

posted not less than fourteen (14) calendar days in advance.

(d) Intensive/Crisis Service Workers

The normal work day for these Employees shall be seven (7) hours per day and thirty-five

(35) hours per week, exclusive of a one-half (1/2) hour paid meal period. It is understood

by the parties that these Employees follow a flexible work hours schedule approved by the

Executive Director or designate.

(e) Mental Health School Workers

The normal work ~ay for these Employees shall be seven and one-half (7 112) hours per day

and thirty-seven ~nd one-half (37 Vi) hours per week, inclusive of a one-half (1/2) hour

paid meal perioq.l It is understood that these Employees follow a flexible work hours

schedule approved by the Executive Director.

(f) lob Sharing

It is understood that job-sharing of full-time positions may occur by mutual agreement of

the parties. The job-sharing agreement is attached as Schedule B and forms a part of the

collective agreement.

14.02 Overtime Pay

(a) Overtime shall be offered equally among the employees who are available to perform

16


the work, where hours are available. The employees will be listed in order of seniority

by job class. Employees who have expressed interest in working overtime will be

contacted with the details of the shift. If the shift needs to be covered within twelve '

(12) hours, managers will wait ten (10) minutes for responses, if the shift needs to be

covered in twelve (12) hours or more, Managers will wait thirty (30) minutes, and will

then assign the shift to the employee who responds with the most seniority and who

did not work ~the last shift offered, unless they are they are the only employee

available to w~rk the hours offered. If, after going through the list, no employee

voluntarily takes the available hours, the hours will be assigned to the employee with ~ '

the least senl~rity who is currently not on a shift.

The Employer shall send out the overtime list with monthly entitlements.

(b) Employees shall receive compensation either in pay or in time for overtime at the rate

of one and one-half (1 1/2) times the regular hourly rate. The employee shall t

determine whether it shall be taken -in pay or time. · ·· I

(c) Any overtime outstanding at the end of the quarte~ (i.e. June 30, September 30,

December 31,: March 31) shall be reduced to compensation at the rate of time and '

one-half (11/2) the regular hourly rate of pay, to a maximum cash-out of twenty-four

(24) hours' pay. Accumulated hours above twenty-four (24) will remain banked for

future use or ~ash-out in the next quarter. All outstanding overtime shall be paid out

by the end of the fiscal year.

Time will be, granted at times desired by the Employees, provided that minimum ..

staffing level~, are maintained. An Employee must give at least twenty (20 working

days' notice in writing of his intended time of two (2) or more weeks, ten (10 working

days' notice in writing of his intended time of two (2) days to less than two (2) weeks

duration, one (1) working day notice for one (1) day. Time once approved shall not

be cancelled unless the Employee has requested the cancellation.

17


14.03

( d) An Employee must submit to his/her manager a monthly timesheet within ten (10)

days of the month's end. The Employer must provide to all Employees their staff

entitlements by the twenty-eight (28th) of the month. An Employee will lose their

claim to overtime if their timesheet is not submitted to their manager within one (1)

month of the due date.

Flex Time

(a) All Youth and~ Family Counselling, Intensive/Crisis ser.Jk:e and Mental Health School

Workers ma~ accumulate approved Flex Time on ~·, regular basis. Flex hours

accumulated within a month must be used by the enq of the month that follows or '..

they will be lost. ; ·

(b) All Day Treatment and Residential Child and Youth Workers will accumulate flex time

only for participating in approved training programs. Flex hours accumulated within a

month must be used by the end of the month that follows or they will be lost.

14.04 Shift Premium

All Employees, including the regular night worker, shall receive a shift premium of forty

two cents ($0.42) per hour for all hours worked between 5:00 p.m. and 8:00 a.m.

14.05 Camping Trips

Employees who ~oluntarily take children on camping trips or similar excursions which

require continuou$ supervision shall be compensated on the, basis of twelve (12) hours of 1 ~

regular straight tirre pay and in addition, they will receive sr (6) hours time off with pay at

a mutually conv~.nient time for each complete day of sach trip or excursions. Such ! ' t

camping trip or excursion must be approved by the Director and in accordance with the

18


procedures estabH,shed by the Director from time to time.

~- !

14.06 Shift Schedules!

Residential shift schedules shall be posted not less than fourteen (14) days in advance and

there shall be no change in the schedule after it has been posted unless notice is given to

the Employee not less than twenty-four (24) hours in advp'nce of the starting time of the

changed shift. If the Employee is not given the required n6tice, s/he shall be credited with

four (4) hours of time off which will be added to his/her l!eu bank.

14.07 On-Call I Call-Back

Where the Executive Director or her designate requires an employee to be on call, he/she

shall receive one dollar ($1.00) per hour for all hours that he/she is required to remain on

call. In addition to on call premium pay, an employee who is required to return to work

when on call shalfbe paid a minimum of four (4) hours pay at one and one-half (1 1/2)

times his or her ~~sic hourly rate for each call-back .

. ' ''

14.08 Where employees work extended shifts (ie.10or12 hours), vacation and sick leave credits

are deducted on an hour for hour basis.

ARTICLE 15 - PAID HOLIDAYS

15.01 All full-time Employees will be entitled to the following paid holidays:

New Year's Day

Easter Monday

Canada Day

Civic Holiday

Labour Day

'· J


19

Good Friday

Victoria Day

Family Day

Thanksgiving Day

Boxing Day

Christmas Day Float Day*

* To be taken at a mutually agreeable time during each fiscal year. I

, I

15.02 When any of th,Ej above-noted holidays fall on a Saturday or Sunday and are not I

proclaimed as being observed on some other day, the following Monday shall be deemed

to be the holiday for the purpose of this agreement.

15.03 Holiday pay will be computed on the basis of the regular hours the Employee would

otherwise work had there been no holiday, up to a maximum of eight (8) hours at his

regular hourly rate of pay.

15.04 In order to qualify for holiday pay, the Employee must work his last full scheduled shift

immediately preceding and his first full scheduled shift immediately following the holiday,

unless excused by the Employer or the Employee was absent due to:

(a) legitimate illness or accident;

(b) vacation, or

(c) Employer-scheduled regular day off.

15.05 Where an Employ~e is scheduled to work on a holiday, he shall be paid at the rate of time I '

and one-half (1-l/2) his regular straight-time hourly rate of'all hours so worked in addition i l

to any day off at a 'time mutually agreeable between the Employee and Employer. The day

off in lieu of the holiday shall be banked and used at a mutually agreeable time. If the

Employee and Employer can not mutually agree on the day off, the time off may be added

to the next approved vacation period. At the Employees' discretion, a maximum of five (5)

banked days may be carried over to the next fiscal year.

15.06 If any of the above holidays fall on an Employee's scheduled day off, the Employee shall

receive another d(ly off at a time mutually agreeable between the Employee and Employer.

The day off in lieu of the holiday shall be banked and used at a mutually agreeable time. If

the Employee and Employer can not mutually agree, the day off in lieu may be added to

20


the next approved vacation period. At the Employees disFretion, a maximum of five (5)

banked days may be carried over·to the following fiscal year.

ARTICLE 16 -VACATIONS

16.01 (a) The following vacation schedule shall apply to all full-time Employees:

O - 2 years of Service = 11/4 days per month (15 [days maximum)

3 - 5 years of Service = 1 2/3 days per month (20 days maximum)

6 - 10 years or Service = 2 1/12 days per month (25 days maximum)

11 or more y~ars of service= 2 Vi days per month (30 days maximum)

(b) An Employee will not be credited with a vacation day during any month in which s/he

did not work a minimum of fourteen (14) days. Notwithstanding this provision,

Employees scheduled off duty due to a Christmas or March break shutdown shall not

lose a vacation day as a result of such a shutdown. : ;. ~

(c) No vacation will be granted until an Employee has ~ompleted six (6) months of

service, after which vacation may be scheduled as earned. ;1

16.02 (a) Vacation will be granted at times desired by the employees, where operationally

feasible as determined by the Program Manager. An employee must give at least

twenty (20) working days' notice in writing of his intended vacation of two (2) or more

weeks, ten (10) working days notice in writing of his intended vacation of one (1) '

week to less t~an two (2) weeks duration, five (5) working days notice in writing of his

intended vacation of one (1) day to less than one (1) week duration. All vacation ~ t

requests shall' be reviewed and approved within ten (10) working days of the \ i

employee's application. Vacation once approved shall not be cancelled unless the

employee has requested the cancellation.

(b) The Employer shall ensure that employees are granted the weekend off before and

after their scheduled vacation period. For these purposes a vacation period is defined

21


as a period of no less than five (5) consecutive working days. On exception, vacation

days of less than five (5) working days shall be approved. Requests for summer

months must be made before the end of May. These requests shall not be

unreasonably denied.

(c) Entitlement to increased vacation occurs on an employee's anniversary date of

employment.

16.03 Normally vacation entitlement will be taken between April 1st and March 31st of the

current fiscal yearl. However, an Employee may carry over fifteen (15) working days of (.

his/her vacation entitlement to the following fiscal year. ' . . ' '. '.

' i l 16.04 An employee terminating his/her employment at any time in the vacation year before s/he

has had his/her vacation shall be paid vacation pay in accordance with his/her entitlement

pursuant to the above.

16.05 If a paid holiday falls or is observed during an Employee's vacation period, s/he shall be

granted an additional day of vacation with pay for each holiday in addition to his/her

regular vacation time, provided s/he worked his/her last scheduled full shift immediately

before going on vacation and s/he worked his/her first regular scheduled full shift

immediately folloi.h(ing the vacation period.

ARTICLE 17 • LEAVE OF ABSENCE

17.01 Leave - General

I . .

The Employer may grant leaves of absence to employees for any reason which is : J l I

acceptable to the Employer, but such leaves of absence must have the official approval of '. ·.

the Employer. Every request for a leave of absence must, be made in writing and must )

fl state the reason f6r the request.

22


17.02

17.03

Bereavement L•ve

; f . J

The Employer shall pay an Employee up to three (3) days pay at the Employee's regular

hourly rate of pay for all regular time lost in the event of the death of the Employee's

mother, father, brother, sister, partner, son, daughter, father-in-law, mother-in-law,

grandparents, grandparent-in-law, sister-in-law, brother-in-law, grandchild, niece, i .

nephew, ward, guardian, aunt, uncle, and stepparents. Payment shall be made only to the I!

extent of time off granted by the employee's direct super\lisor. The Employer shall allow 'I

two days travelling time if deemed necessary.

(a) Compassionate Leave

The employer recognizes that employees have responsibilities and commitments involving

the family and its well-being. In recognition of this, in the case of unexpected serious

illness within the immediate family or other immediate family emergencies which prevent '

an employee from reporting to work, an annual compassionate leave with pay of up to

three (3) workin~ ;days may be granted at the discretion of the Employer. Requests for

such leave will no,t,,be unreasonably withheld. (for purposes of clarity, the unavailability of

a child care provider is not cause for paid compassionate leave.)

(b) Personal Leave

Leave of absence with pay for up to two (2) working days per year shall be granted by the

Employer for special purposes, including, but not restrict~~ to religious leave or personal I I

matters at the discretion of the employee. In requesting such leave, the employee will

provide as much· advance notification as is possible) , recognizing that emergency

circumstances may restrict the ability to provide advance'notification.

23


17.04

17.05

17.06

17.07

Pregnancy and Parental Leave i i

. ' : J

Except as modified by this article, employees shall be gr~rited pregnancy, and parental

leave in accordance with the provisions of the Employment Standards Act. Leave of

absence, without pay, will be granted on application for a pe~iod of not more than fifty-two

(52) weeks. It is understood that a staff member may be igranted an extension of such

leave, if required. During a staff member's leave of absence, a temporary staff member

may be employed and such employment shall be a contractual basis for the period of the

pregnancy leave.

Paternity Leave

In addition to time stipulated by legislation, paternity leave of male staff members will be

granted up to a maximum of five days, at the discretion of the Executive Director.

Union Leave - General

Leave of absenc.e without pay shall be granted to Employees who are absent for the

purpose of attending Union functions, such as conventions, schools, seminars, etc., I '

provided thatten days written notice is given (where possible) to the Employer. Such d !.

leave of absence,~hall be granted only where the Union certifies in writing to the Employer

the name of the Employees involved and the reason for t~e request. Such leave will be

restricted to one Employee at any one time.

Union Leave - Executive Board Members

Upon request by the Union, confirmed in writing and provided that reasonable notice is

given, leave of absence with no loss of pay or credits shall be granted to Employees

elected as Executive Board Members and Executive Officers of the Union for the purpose of

conducting the internal business affairs of the Union.

24


17.08

. ) ';

The Union will advise the Employer in writing of the name:and location of such Employee

immediately following his election.

Leave of absence with no loss of pay or ·credits shall be granted to accommodate

reasonable travel time.

I

The Union will reimburse the Employer for the salary and b.enefits paid to members of the I

Executive Board apd the Executive Officers granted leavelunder this article .

. . Union Leave - Presidential

When an Employee is elected as the Union's President or First Vice-President, the Union

will, immediately following such election, advise the Employer of the name and location of

the Employee so elected. Leave of absence with pay shall be granted from the Employee's

place of employment for the duration of the current term of office.

During the term of such leave of absence, the Union will reimburse the Employer for the . I

salary paid to the Employee on such leave of absence and contribute the Employer's share

of contribution to the existing pension plan and the Canada Pension Plan. The Union will

make the Employer's contribution to any prevailing health or other plans applicable to the

elected Employee and pay the costs of attendance credits accumulated during the leave of

absence. The Union will make the Employer's contribution for Employment Insurance.

On completion of. the Employee's term of office, the President or First Vice-President may \ ! . i.

return to their previous employment and service shall be deemed to be continuous for all '' purposes. '. 1

Any leave of absence extending beyond the initial term of office of the President or First

Vice-President shall be a matter to be determined between the parties and any such

additional leave shall be subject to the same conditions and terms as prevailed in the initial

leave of absence.

25


The Employee shall discuss any required leave with his supervisor at the earliest

opportunity.

17.09 Employer's Right to Refuse Leave

17.10

17.11

All requests for leave of absence permitted in these sections shall be sent to the Employer.

It is understood that leaves requested by the Union may be withheld if such leaves unduly

interfere with the operating requirements of the Employer.

Workshops. Conferences. Seminars . '. ! '

I :

All requests to attend workshops, conferences and semina'.rs must be submitted to the '' .

Executive Director at least two (2) weeks prior to the regi~tration date. If the proposed

workshop, conference, or seminar is deemed by the EmploY,er to be in the interests of the

Employer, paid leave shall be granted to the Employee. If the workshop, conference, or

seminar is deemed not to be in the interest of the Employer, the leave, if granted, shall be

designated as leave of absence pursuant to Article 17.01. The Employer agrees to allow

each employee a maximum of $100.00 per year to attend workshops, conferences, or

seminars.

Mandatorv Trairting

Standard First Aid and UMAB are mandatory certification training requirement for positions

in Residential, Day Treatment and Return Ticket programs.

The Employer will provide scheduled continuing educations sessions in UMAB and Standard I'

' ~ . : First Aid. Employees will be responsible to register and attend available courses to ensure

their certification (~quirements are up to date. Supervisor:approval is required to attend Ii ·

training. If certifi~ation lapses and becomes expired, empl~yees will not be permitted to ' I . ' I

work paid duties until valid certification is completed. ·

26


17.12 Pre-oaid Leave- . . :

a) Purpose

The Prepaid Leave Plan (PLP) affords all employees the opportunity to take a one (1)

year leave-of-absence and to finance the leave through deferral of salary in an

appropriate amount form the previous years as outlined in the deferral period chosen. \I

b) Eligibility

\

Any full-time employee having five (5) years' seniority with the Employer is eligible to

participate except:

(i) An employee in a job sharing arrangement is not eligible to participate;

(ii) No mar~ than one (1) employee per program shall be absent from work on a

prepaid, leave at any time;

(iii) An employee may take one (1) prepaid leave during ten (10) years of

employment.

c) Application

Eligible employees must give six (6) months written notice of their desire to

participating the PLP. Such notice must set out the deferral programme requested and

the time frame for the year of leave. When two or more employees from the same . I .~

program request the same deferral programme and time frame, such conflicts will be

resolved by the most senior employee getting first P;reference, after a posted thirty

(30) days.

d) Deferral Plans

The following shall constitute the PLP's available:

27

I,


' '' '

(i) Two (2~ years deferral of one-third of annual salary in each year followed by '

one (1) year of leave; I . i .'

(ii) Three .Ci3) years deferral of one-quarter of annual salary in each year followed

by one (1) year of leave;

(iii) Four ( 4) years of one-fifth of annual salary in each year followed by one (1)

year of leave;

(iv) Five (5) years of deferral of one-sixth of annual salary in earch year, followed

by one (1) year of leave.

(e) Written Agreement

The employee and the Employer shall enter into a written agreement setting out terms

of the PLP including monetary arrangements agreed to in compliance with the

conditions herein.

If it becomes necessary for an employee to postpone a scheduled prepaid leave due to

an interruptiQri in salary or other unforeseen circumstance, the dates of the prepaid 'i ..

leave shall be negotiated such that they do not conflictrwith other prepaid leaves

already appro~ed.

(f) Terms and Conditions

The payment of salary and benefits during the deferral period and the one year of

leave shall be as follows:

•,

(i) In each year of the PLP, preceding the year of leave, the employee will be paid

a reduced percentage, in according with the PLP chosen by the employee from

the deferral plans listed above, of the annual salary as set out in Schedule A.

The remaining percentage of the annual salary will be deferred and this

28


accumulated amount shall be retained for the 1participant by the Employer to

finance the employee's year of leave. The cost to set-up and maintain the

account shall be at the expenses of the employee. The employee shall decide

which financial institution and type of account they would like to use, when

feasible. Interest earned on the principle retained by the Employer shall be

according to the rates set out in (ii) below and shall be paid out annually to the

employee in compliance with Federal Income Tax regulations. ; '

(ii) Interest Rate

The cal.culation of interest under terms of each PLP shall be as set out by the

employees selected institution.

Interest, calculated as above, shall be applied as set out by the employees

selected institution.

(iii) Benefits Structuring

During the years of PLP prior to the year of the leave, any benefits related to I

salary level shall be structured according to the salary the participant would

have received during the deferral period had the employee not been in the PLP. '

(iv) Premium Cost

A participant's coverage for all benefits will be maintained during the leave of

absenc~ at the employee's option, subject to the terms and conditions as set

out in tre master plan of the insurance carrier. All the premium costs of such . '

plans srall be paid by the participant during the leave.

(v) Seniorjty

During the year of leave an employee shall not accumulate for the entire period

of the leave.

(vi) RRSP Contributions

29 f.


During the year of leave an employee has two options:

(a) To make employer and employee contributions and thereby earn

pensionable service during the year of leave or

(b) Elect to interrupt RRSP contributions and lose pensionable service for the

year of leave.

(vii) Vacation. Holidays and Sick Leave

The employee will receive full vacation, holiday and sick leave benefits in the

year preceding the leave. In the year following the leave, vacation benefits will

be earned based on a seniority date that has be~n adjusted to reflect the year ~ ~

of the leave. The employee shall use all accumulated vacation time prior to the I

prepaid leave. \. '·.

(viii) Payout '

At the commencement of the year of the leave, the Employer shall pay to the

participant the monies standing to the employee's credit bi-weekly on the

regular pay days.

(g) Assignment on Return

On return from a leave, a participant will be assigned to the same position in the same

location, or if layoff, displacement or placement provisions have application, the

employee will be governed by the appropriate terms of this Agreement.

(h) Withdrawal Rights I

(i) A parti.c;ipant may withdraw from the PLP at anyttlme up to six (6) months prior ~- ·•

to schfpuled commencement of the leave. Any~ne withdrawing from the PLP

shall be paid a lump sum adjustment equal to 'monies deferred plus interest

monies accrued to the date of withdrawal from the PLP. Payment shall be made

30


as soon as possible but must be made within thirty (30) days of the withdrawal

from th:e PLP.

(ii) On Leaving Employment

Any participant who resigns or is terminated prior to commencement of the

leave, shall cease to be a participant in the PLP and shall receive payment as in

sub-paragraph (i) above.

(i) Replacement Personnel ; '.

I

; I

Replacement personnel hired as a result of a prepaid l~ave shall be hired on a one (1)

' year contract.

ARTICLE 18 - BENEFIT PLANS

18.01 (a) The premiu".1, cost for all eligible Employees and for their dependents shall be; ';

• 750/q pf premiums for single coverage paid by the employer

• 250/cj .of premiums for single coverage paid by the employee

(based on current premiums - $24.27 per pay period/employee)

• 75% of premiums for family coverage paid by the employer

• 25% of premiums for family coverage paid by the employee

(based on current premiums - $57.93 per pay period/employee)

Dispensing fees will be capped at eight dollars ($8.00) p~~ prescription. I

'' )I

And shall include the provisions of the specific policies qS provided through the benefit

carrier for the following;

(i) Existing Life Insurance Plan (two times earnings to closest $500);

(ii) Existing Extended Health Care Plan;

31


18.02

(iii) Dental Plan covering major and minor services;

(iv) Drug Plan covering 100% of costs after dedu~ible(s).

(v) Visioh Care Plan providing coverage of up to .$250.00 in each two (2) year

period.

(b) Employees will be covered under the existing Long-Ter.m Income Protection Plan and

shall pay the full cost of such coverage.

(c) Occupational Accident Insurance Program

The Employer shall provide an Occupational Accident Insurance Program which pays

80% of lost (gross) wages, minus any wage benefits received from any other sources,

when an empioyee is absent by reason of an injury resulting from an occupational

accident. The Employer shall pay 100% of the cost of the program.

( d) It is expressly understood that the foregoing is not to be construed as a guarantee as

to specific cov~rage or eligibility for benefits. These will be in accordance with the i

provisions of the specific policies held .

• 1

Change of Carriers l I

The Employer may change carriers for these plans to maintain satisfactory service and

economy. However, in the event of such a change, the Employer will maintain a level of

benefits which is equivalent or greater.

18.03 Benefit Payment During Leaves of Absence

It is understood that if an Employee is absent from work for any reason, other than

pregnancy leave or, parental leave or a workplace illness or injury, or other agreed to leave

of absence, the Employer shall not be required to maintain its share of the premium costs

of any benefit coverage.

32

. Uncontrolled copy of 3-361-5044-20180331-15 CA

18.04 Sick Leave Supplement

(a) The Employer agrees to supplement the weekly Indemnity Plan to allow each

Employee fourteen (14) days for legitimate illnesses at the beginning of each year.

Unused sic~ time shall be accumulated for future use, to a maximum of thirty (30)

days.

(b) After three (3) consecutive days of absence an employee is required to submit a . '

j

certificate from a legally qualified medical practitioner certifying that the employee 11

is unable to attend to his/her official duties. Notwithstanding this provision, where

the Employer has grounds to suspect abuse of sick leave, the Employer may request

a medical certificate for a period of absence of less than three (3) days.

18.05 Short Term Income Protection Plan CSTIP)

I

The Employer shall provide a Supplemental Unemployment.Benefit (SUB) which pays 85%

of lost (gross) wages, minus any wage benefits received from other sources, during any

absence due to accident or illness. The SUB benefit is only: available to employees who are

receiving EI benefits and the benefit period shall have' the same waiting period and

duration as that provided by Employment Insurance Canada. The employer shall pay 100%

of the cost of the plan.

18.06 Kilometric Rates

Kilometric rates P:qid to Employees using their own cars when authorized to do so by the t ~

Employer shall be forty-five cents ($0.45) per kilometre. For out of region trips the

Employer will reimburse the Employee with a rate of thirty dollars ($30) for 100 km and

sixty dollars ($60) for 200 km and a map will be provided by the Employee. Mileage claims

are due within sixty (60) days of the date of travel, late mileage forms will not be

reimbursed.

33


When an Employee is authorized to use his own automobile; the kilometric rate as

compensation is based on the recognition that the Employee will ensure, or accept the risk,

that a minimum insurance coverage is maintained by the Employee on the vehicle for

which compensa~ion is accepted. A minimum automobile insurance will be no less than

$1,000,000 inclusive of third party liability, with provisions of comprehensive and collision.

ARTICLE 19- HEALTH AND SAFETY

19.01 The Employer will make reasonable provision for the safety and health of its Employees I

during the hours of their employment. The Employer and t~e Union shall co-operate to the

fullest extent possible in the prevention of accidents and i~ ;the reasonable promotion of \' 'r

safety and healt~ of all Employees. To this end, a Joinf committee will be formed to ~ . .

develop a policy on AIDS, Hepatitis and other Infectious Diseases.

Such a policy shall include issues related to:

(a) The necessity of a medical prior to admission into the Day Treatment Programme;

(b) Practicalities of immunization against Hepatitis B.

( c) Client carriers of communicable diseases.

19.02 The Employer sha,11 establish and maintain, in accordance with the provisions of the Ontario I

Occupational Health and Safety Act, its amendments or successors, a Joint Health and

Safety Committee (JHSC) composed of two (2) bargaining unit representatives, selected or

appointed by the Union, and two (2) management representatives.

19.03 At least one of the.employees selected or appointed by the Union will be certified at Level 1

as defined under the Act. Tuition costs and the time spent Pttending such training will be ,· r ._

paid by the employer. An employee accepting appointment to the Occupational Health and ; . l I

Safety Committe~ and who is provided Certified Worker training is expected to make a i 1 .

commitment to actively participate and fulfil responsibilities of such committee membership

for a term of not less than two (2) years.

34


ARTICLE 20 - JURY DUTY

20.01

20.02

'' An Employee who is selected for service as a juror or who is subpoenaed as a Crown

Witness to appear in court, will be compensated for loss of pay from his regularly

scheduled shift due to such jury or witness service. Such compensation will be based on

his regular scheduled hours at his regular hourly rate less the fee received for his service.as

a juror or witness. However, should the Employee present himself for selection and not be : !

picked, then he is required to return to the Employer's premi.ses to complete his remaining \)

normally scheduled work day. ' :

In order for an Employee to qualify for payment under thi~ section he must. !

(a) Inform his immediate supervisor as soon as possible of his selection for services as

juror or his r,equirement to be a witness;

(b) If released from service as a juror or witness and four (4) hours or more remain in

the Employee's regularly scheduled hours, he must return to the Employer's premises \I,

to complete :his remaining normally scheduled work day.

(c) Provide a written statement to the Employer indicating the date of his service as a

juror or witness, the time so spent, and the fee received for his services as a juror or

witness.

ARTICLE 21 - GENERAL

21.01

', l !

Bulletin Boards ''

The Union shall have the use of the bulletin boards for po~ting of union notices regarding

recreation and social activities, meetings, or elections. Such boards are to be located at

the staff offices aqd day treatment location. The Executive Director will be provided with a

copy of the notice.

35


21.02 Where the singular or masculine is used in this agreement, it shall be considered as if the

plural or feminine has been used where the context of the party or parties hereto so

requires.

21.03 Access to Personnel Records

Employees in the bargaining unit shall have access to their personnel records at reasonable

times and shall, upon request, be provided with copies of material contained in such

records, which shall be corrected if inaccurate.

t 21.04 Employees shall be notified in writing of any suspension or discharge. The Union shall

receive a copy.

21.05 Adverse Reports

(a) The Employer shall provide the Employee with a copy of any written warning or

adverse report affecting the Employee which will be signed as read by both the ·''

Employee ~nd the Employer. Any reply by the Employee shall become part of his

record.

(b) Where an employee has maintained a discipline-free.record for a period of twelve '

(12) months, any adverse report in that employees file shall be removed and may

not be relied upon by the employer for future discipline.

21.06 Printing of Agreement

It is agreed that both parties to this agreement shall share equally the cost of printing the

agreement, and that the printing will be done by union labour.

36


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21.07 Pension Contributions

Effective April 1, 1999 the Employer will contribute 4% of each Employee's basic earnings

to the pension plan. Employees shall continue to contribute to the pension plan in

accordance with the terms set out in the existing plan. The current pension plan may not

be changed except by agreement of the parties.

I

The Employer will make its contributions for each employee twice per month.

Employees have the option to have the pension payments made to either a Registered

Retirement Savings Plan or a Tax Free Savings Account.

21.08 Orientation

The Employer shall ensure that Employees are oriented to the Employer's rules, practices

and workplace procedures. The Employer shall ensure th,9t Employees are updated with

new information ~nd training where required as rules/ practices and procedures are

changed from time to time.

21.09 Termination

An Employee who$e employment is terminated by the employer, unless for just cause,

shall be entitled to" receive a severance/termination pay equivalent to one (1) week's pay at

the regular rate of pay for each year of service to a max!mum of twenty-six (26) weeks.

For employees IJl{ith less than (1) year of service, the amount will be pro-rated. Such

payment shall be. deemed to meet the requirements of the Employment Standards Act

provided that notice of termination has been provided in accordance with the Act. It is the

Employer's intent to waive the provisions as set out in Sect 64.l(a),(b), Sect. 64.2 and S.

64.2(a),(b) of the Act.

f 37


ARTICLE 22 - CONTRACTING OUT

In order to provide job security for the members of the bargaining unit, the Employer

agrees that if they are contemplating that the work or services performed by the

employees may be sub-contract, transferred, leased, assigned, or conveyed, in whole or in

part, to any other person, company, broker, contractor, subcontractor or independent

contractor, they will discuss with the Union at the LMC to minimize impact to the

bargaining unit.

ARTICLE 23 - DURATION

23.01 This agreement shall be in effect from the 1st day of April, 2017, and shall remain in effect

until and including the 31st day of March, 2018, and from year to year thereafter unless

either party shall notify the other party in writing within :ninety (90) days prior to the

expiration date as to its desire to terminate the agreement or of its desire to modify or

amend any section or provision thereof. Unless otherwise noted in the agreement

retroactivity does not apply.

23.02 In the event of such notification being given as to the amendment of the agreement,

negotiations betw~en the parties shall begin within fifteen (15) days following such

notification or such other period as agreed to by the parties.

This collective agreement signed this 2 day of ~Afa~_v_c_-h ....... ' ___ _,, 2018.

For the Union


'' t' . •.

: i . . SCHEDULE "A" ! J

. WAGE RATES - SALARY NOTES

Effective April 1, 2017 - 1.so/o

GRID STEPS 1 2 3 4 5 6

Residential Child and 01/04/17 18.69 19.77 . Youth Worker I l Day

: Treatment Child and Youth

Worker I

Residential Child and 01/04/17 20.15 20.95 21.77 .

22.21

Youth Worker II I Day ·'

Treatment Child and Youth .

Worker II

Mental Health School ·· 01/04/17 22.88 23.57 24.27 24.99 25.74 26.51

Workers

Youth and Family 01/04/17 24.26 24.95 25.67

Counsellor I '. ''

Youth and Family ··· 01/04/17 26.16 27.08 '27.98 . 28.93 29.93 30.93

Counsellor II

I Psychometrist

Night Worker (Asleep) 01/04/17 11.65

NightWorker (Awake) 01/04/17 15.04 15.59 16.16 16.80 -

Intensive Crisis Service 01/04/17 24.50 25.24 25.99 26.78 27.57 28.41

Worker I

Intensive Crisis Service 01/04/17 28.01 29.00 30.00 30.99 31.69 33.12 '.

Worker II '' I•

Return ticket/Alternate ·. 01/04/17 24.34 25.19 26.07 1 26.99 27.93

Attendance Worker i

Return ticket/ Alternative 01/04/17 30.92 32.00 33.07 34.19 35.37 36.55 ,.

· Attendance Social Worker ·.·. ;

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1.

2.

3.

4.

5.

6.

SCHEDULE 118 11

: 1 JOB SHARING AGREEMENT 1 •

BETWEEN:

FRONTENAC YOUTH SERVICES

AND:

THE ONTARIO PUBLIC SERVICE EMPLOYEES UNION

and its Local 361

The Policies involved in Job Sharing are as follows:

Participating in a job sharing agreement is completely voluntary and no person shall be made

to share a position against his/her wishes.

Any position considered for job sharing will remain in the staff complement as a permanent,

full-time position.

Two union members would then share this position on. a 50/50 basis, including all terms of

employment (e.g. hqurs worked) and Employee benefits (e.g. vacation) as determined by the

Collective Agreement.

The salary of the job partners must be in the same range and ,have coinciding minimum and

maximum pay points.

If one member in a job sharing position resigns, the remaining staff person would be given

the opportunity to assume the position on a full-time basis. If this person does not wish to

work on a full-time basis, the position would be posted and advertised as a job-sharing

vacancy.

If this vacancy cannot be filled and the job sharing position remains vacant, the complement

40


7.

8.

would then revert to .a full-time vacancy.

(a) Similarly, if a union member approaches management with a request to assume a

job sharing position, the other half of the job sharing complement would be

advertised .. If, however, this position cannot be filled, the position would remain as

a full-time position.

(b) In this instance, item 5 does not apply. A new Employee hired to fill a job-sharing

position cannot assume a full-time position. In this case, if the original member

who requested the job sharing position resigns, the position would be posted and

advertised as a full-time vacancy.

Members having entered into a job sharing position would retain full rights under the

Collective Agreement.

9. When one job sharing partner is ill or on vacation, the other partner must not be obliged to

cover for the other partner except at the remaining partner's option.

10. Job share partners must continue to work enough hours to;ensure their continued right to

unemployment insurance benefits.

Signed at OsbauJcl this l- day of _._M_r_.l(_{__.;_11 ______ .2018.

For the Union

41 . i


SCHEDULE "C"

CONTRACT, PART-TIME AND CASUAL EMi>LOYEES

The following entitlements to wages and benefits are applicable to Casual Relief,

Contract, (Short and Long-Term) and Part-time employee (less than 24 hours per

week).

Night Asleep

Night Awake ; ,•

Step 1

$16.92

$11.65

$14.50

Step 2 (2000 hours) Step 3 (4000 Hours)

$17.35 $17.77

The movement to the next step on the grid is based on 2000 hours worked for Grid Step 2 and 4000 hours worked for Grid 3. Hours will be calculated based on certification date of June 2011. ·

Long-Term Contract employee (6 months or more) shall be entitled to one (1) sick day per month and Short Term Contract employees (less than 6 months) shall be entitled to 0.5 sick days per month for legitimate illness. Unused sick time shall be accumulated for future use until the end of the contract.

If an employee of Frontenac Youth Services is initially hired, for a contract that is less than six (6) months but here is an extension of that contract, the employee shall be placed at Step 1 in the wage grid of that position, if it is a higher rate of pay that his/her home position, at the six (6) month mark.

If an employee of Frontenac Youth Services is hired for a contract that is more than six (6) months or ought reasonably be known to be more than six (6) months, the employee shall be placed at Step 1 in the wage grid, fit is higher rate of pay than his/her home positions.

i

Request for medical certificate by employer shall be under Article 18.04 (b)

Statutory holidays and vacation pay shall be paid as per ErI':ployment Standards Act.

Casual Relief Minitrium Hours

Casual employees ~re required to work a minimum of twenty-four (24) hours in any two (2) month period, where shifts are available. Failure to maintain the minimum hours will result in the termination of employment of a casual employee and loss of seniority hours.

42


The Casual Relief, ·Contract (short or long-term); and Part-Time employees (less than 24 hours) are not covered by the following Articles of the Collective Agreement:

Article 14 Hours of Work and Overtime - specifically 14.02

Article 15 Paid Holidays

Article 16 Vacations

Article 17 Leaves of Absence: specifically, casuals to be excluded from all articles of Article 17.

Contrac~:t (Short Term and Long-Term) will be excluded specifically from Articles 17.04 and 17.05. All articles will be on a pro-rated basis based on the term of the contract.

Article 18 Benefit Plan - specifically 18.01, 18.03, 18.04 (a), 18.05

Article 20 Jury Duty

Article 21 General - specifically 21.07 and 21.09

\ i

43


Letter of Understanding Re: Return Ticket Program

Letter of Understanding Re: Expulsion (R~turn Ticket) and Long-Term Suspension Program

Whereas the Expulsion and Long-Term Suspension Programs are funded by va~ious Boards of Education and, 1

Whereas the employer has now clarified and revised its' funding relations~ip with the various Boards of Education, the Union and Employer have agreed to replace the Letter of Uriderstanding regarding Return Ticket workers with the following, subject to ratification by their principals. 1

The parties agree as follows:

• Return Ticket/ Alternative Attendance Workers/Return Ticket Alternative Attendance Social Workers will be paid according to the attached Wage schedule which will be included in the Collective Agreement Schedule "A" ·

• Return Ticket/ Alternative Attendance Workers/Return Ticket Alternative Attendance Social Workers will work for a ten (10) month period in each calendar year and shall be laid off for approximately a two (2) month period during the summer months (dates to be determined based on the affiliated school Board's academic calendar).

• Return Ticket/Alternative Attendance Workers/Return Ticket Alternative Attendance Social Workers agree to be available for recall two (2) weeks after school ends and two (2) weeks before the scho'ol year begins, with not less tha11 two (2) weeks notice.

• Seniority: Full-time employees in the Return Ticket/Alternative Attendance Program shall not lose seniority during the period of summer lay-off. ·

; I • The normal work day for employees in the Return Ticket/ Alternative· Attendance Program shall be

seven and one-half (7 V2) hours per day, inclusive of a one-half (1/2) hour paid meal period, and thirty-seven and one-half (37 Vi) hours per week. It is understood by the parties that it may not be possible for all employees to be scheduled to a responsibility-free meal period, and, where this is not possible other arrangements may be entered into between the employer and that employee.

• Employees in the Expulsion and Long-Term Suspension Program shall be scheduled off for two (2) weeks vacation during the Christmas break and one (1) week during the March break. (Dates will correspond to the affiliated School_ Boards' academic calendar).

• During the period of summer lay-off, employees in the Expulsion and Long-Term Suspension Program will be responsible to reimburse the Agency for all benefit plan costs associated with the continued benefit coverage during the lay-off period.

44


• The Employees in the Expulsion and Long-Term Suspension Program will be covered by all provisions of the collective agreement except as abridged by this LOU, including Schedule "A" as amended.

Return Ticket/Alternative Attendance WAGE RATES BY GRID

Return Ticket/ Alternative Attendance Worker - 10 mos. Full Time Position

Year 2017 Step 1 Step 2

Rate/hr $24.34 $25.19

. I

Step 3

$26.07

Step4

$26.99

Step 5

$27.93

Return Ticket/ Alternative Attendance Social Worker - 10 mos. Full Time Position

Year 2017 Step 1 Step 2 Step3 Step4 Step 5 Step 6

Rate/hr $30. 92 $32.00 $33.07 $34.19 $35.37 $36.55

Signed at Ut\(,wJ01.. this 1- day of _Mc_..t_v_cJ_· ~ _______ 2018.

For the Union

45

: I


Letter of Understanding

VIOLENCE IN THE WORKPLACE

In consultation with the Joint Health and Safety Committee, the Employer will undertake to review current safety policies and procedures and to revise and develop safety policies and procedures that address the issue of working with violent clients.

Employees will be apprised of any known history of aggressive behavior of new clients through the assessment process.

Training will be provided to Residential and Day Treatment staff on the causes of aggression, the factors that precipitate aggression, recognition of warning signs, prevention of escalation, and the control and diffusion of aggressive situations.

I,.

The Employer will undertake . to provide a safe working environm~ht consistent with licensing requirements. ·

't

When an incident of violent behavior toward a staff member occurs in the workplace:

' (a) an Incident Report will be completed by the employee and submitted to the Program Manager. (b) A copy of any Serious Occurrence Report provided to the Ministry of Children and Youth will be

provided to the Joint Health and Safety Committee (JHSC). ( c) The Joint Health & Safety Committee (JHSC) will review such reports and may make

recommendations to the Executive Director. (d) The Executive Director will respond in writing to the Joint Health & Safety Committee (JHSC)

recommendations within twenty-one (21) days.

Signed at Oshawa.. this 2-. day of_..;.._/V(fj_/_c_/,_,_, _____ 2018.

For the Union

46



OPSEU Pension Trust

The parties agree that, during the term of the current collective agreement, the Union shall be provided opportunity to conduct an information session for the Employer regarding the OPSEU Pension Trust. Following such presentation, the parties further agree to discuss the feasibility of transferring to the OPSEU Pension Trust.

This Letter of Understanding shall expire upon expiry of the current collective agreement.

Signed at Osb auJo.._ this _2=._day of ~tifz ___ .. ___ ri=-'c/~1 _____ 201s.

For the Union


47

I , : i


Labour/Management Relations Committee

The parties agree that the Labour/Management Relations Committee shall establish a sub-committee of two (2) representatives of each of the Employer and the Union, kn.own as the Employee Benefits Committee, to review benefit plan information including cost and utilization, and to make recommendations for changes to plan design that improve cost efficiency.

Signed at {)Jhawa this L day of __._M-->-<..::a;..._ru"--'"t_._1 _____ 2orn.

For the Union

~ f "'

48


Letter of Understanding ' i

Summer Layoff Process

1. Management will determine the number of summer layoffs available based on staffing needs. Any available summe·r layoffs will be offered on a voluntary basis to full time Day Treatment CYWs first, with a response deadline of mid-February. Should additional layoffs be available, the option of a vol~ntary layoff will be extended to full time Residential CYWs, with a response deadline of mid-March. Should additional layoffs be required, layoffs will be issued by lowest seniority.! i '

2. Day Treatment employees not taking a summer layoff will be transferred to the Residential Program and will be required to work hours, job responsibilities and shifts as required by residential CYWs.

3. Employees will have the ability to apply to work in the Summer School (Day Treatment CYWs will be offered these positions first). Management will select based on the seniority of the Day Treatment applicants. Should there be no (or insufficient) Day Treatment CWY applicants, Management will select based on Article 10.02.

4. Employees must submit their vacation request for the summer months along with application for transfer/layoff or summer school application.

r'.

5. Lay-off and recall dates will be determined by the Program manager, by discussing with the employee the details :of their vacation bank and staffing requirements; but with a start date no later than one (1) week after the last day of school.

6. Employees volunteering to take the summer layoff will return to the program (either Residential or Day Treatment, but not necessarily the exact: location) from which they left.

7. The Record of Employment for those on layoff will indicate "work shortage".

8. Self-identifying for a }ay-off does not guarantee that a lay-off will be granted.

9. Management reserv~p the right to recall employees from vqluntary layoff with five (5) days' notice, as per Article 9.03(c) .

. . . . 10. Should an employee' elect a voluntary lay-off, they will have the option of opting-out of

Medical and Dental benefits for the period of lay-off, or may elect to pay 100% of the cost to continue their benefits for the period of lay-off. During the lay-off, employees do not qualify for LTD coverage or Life Insurance benefit. Approval from the carrier must be submitted in advance to qualify for these terms. Benefits will become active on the first day the employee returns to full-time employment. ·

49

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11. Employees will not earn vacation for the period of the unpaid layoff.

12. Seniority will not be affected by a lay-off of this duration.

13. The notice of voluntary layoff memo will be sent to affected employees from both the Union and Management. .

Signed at Dshau,;r,z_ this Z day of __._/Vl_........<J_h_rh'--"'·,_: ____ 2018.

For the Union


50

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